§ 1. Composition of Department.

1. 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.
2. 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.
3. 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.

§ 2. Department powers.

1. The Department of Public Service shall supervise and direct the execution of all laws relating to public service corporations and firms and individuals engaged in such business, including the:
   1. formation, organization, ownership, and acquisition of facilities of public service corporations under chapter 3 of this title;
   2. participation in planning for proper utility service as provided in section 202 of this title through the Director for Regulated Utility Planning;
   3. supervision and evaluation under chapters 5 and 77 of this title of the quality of service of public utility companies;
   4. interconnection and interchange of facilities of electric companies under sections 210, 213, and 214 of this title;
   5. representation of the State in the negotiations and proceedings for the procurement of electric energy from any source outside this State and from any generation facility inside the State under sections 211 and 212 of this title;
   6. review of proposed changes in rate schedules and petition to the Public Utility Commission, and representation of the interests of the consuming public in proceedings to change rate schedules of public service companies under chapter 5 of this title;
   7. siting of electric generation and transmission facilities under section 248 of this title;
   8. consolidations and mergers of public service corporations under chapter 7 of this title;
   9. supervision and regulation of cable television systems under chapter 13 of this title;
   10. supervision and regulation of telegraph and telephone companies under chapters 71, 73, and 75 of this title;
   11. supervision and regulation of the organization and operation of municipal plants under chapter 79 of this title; and
   12. supervision and regulation of the organization and operation of electric cooperatives under chapter 81 of this title.
2. In cases requiring hearings by the Commission, the Department, through the Director for Public Advocacy, shall represent the interests of the people of the State, unless otherwise specified by law. In any hearing, the Commission may, if it determines that the public interest would be served, request the Attorney General or a member of the Vermont bar to represent the public or the State. In addition, the Department may intervene, appear, and participate in Federal Energy Regulatory Commission proceedings, Federal Communications Commission proceedings, or other federal administrative proceedings on behalf of the Vermont public.
3. The Department may bring proceedings on its own motion before the Public Utility Commission, with respect to any matter within the jurisdiction of the Public Utility Commission, and may initiate rulemaking proceedings before that Commission. The Public Utility Commission, with respect to any matter within its jurisdiction, may issue orders on its own motion and may initiate rulemaking proceedings.
4. In any proceeding where the decommissioning fund for the Vermont Yankee Nuclear Facility is involved, the Department shall represent the consuming public in a manner that acknowledges that the general public interest requires that the consuming public, rather than either the State's future consumers who never obtain benefits from the facility or the State's taxpayers, ought to provide for all costs of decommissioning.  The Department shall seek to have the decommissioning fund be based on all reasonably expected costs.
5. The Commissioner of Public Service (the Commissioner) will work with the Director of the Office of Economic Opportunity (the Director), the Commissioner of Housing and Community Development, the Vermont Housing and Conservation Board (VHCB), the Vermont Housing Finance Agency (VHFA), the Vermont Community Action Partnership, and the efficiency entity or entities appointed under subdivision 209(d)(2) of this title and such other affected persons or entities as the Commissioner considers relevant to improve the energy efficiency of both single- and multi-family affordable housing units, including multi-family housing units previously funded by VHCB and VHFA and subject to the Multifamily Energy Design Standards adopted by the VHCB and VHFA. In consultation with the other entities identified in this subsection, the Commissioner and the Director together shall report twice to the House Committee on Energy and Technology and the Senate Committee on Natural Resources and Energy, on or before January 31, 2015 and 2017, respectively, on their joint efforts to improve energy savings of affordable housing units and increase the number of units assisted, including their efforts to:
   1. simplify access to funding and other resources for energy efficiency and renewable energy available for single- and multi-family affordable housing. For the purpose of this subsection, "renewable energy" shall have the same meaning as under section 8002 of this title;
   2. ensure the delivery of energy services in a manner that is timely, comprehensive, and cost-effective;
   3. implement the energy efficiency standards applicable to single- and multi-family affordable housing;
   4. measure the results and performance of energy improvements;
   5. develop guidance for the owners and residents of affordable housing to maximize energy savings from improvements; and
   6. determine how to enhance energy efficiency resources for the affordable housing sector in a manner that avoids or reduces the need for assistance under 33 V.S.A. chapter 26 (home heating fuel assistance).
6. In performing its duties under this section, the Department shall give heightened consideration to the interests of ratepayer classes who are not independently represented parties in proceedings before the Commission, including residential, low-income, and small business consumers, as well as other consumers whose interests might otherwise not be adequately represented but for the Department's advocacy.
7. In all forums affecting policy and decision making for the New England region's electric system, including matters before the Federal Energy Regulatory Commission and the Independent System Operator of New England, the Department of Public Service shall advance positions that are consistent with the statutory policies and goals set forth in 10 V.S.A. §§ 578 , 580, and 581 and sections 202a, 8001, 8004, and 8005 of this title. In those forums, the Department also shall advance positions that avoid or minimize adverse consequences to Vermont and its ratepayers from regional and inter-regional cost allocation for transmission projects. This subsection shall not compel the Department to initiate or participate in litigation and shall not preclude the Department from entering into agreements that represent a reasonable advance to these statutory policies and goals.
8. The Department shall investigate when it receives a complaint that there has been noncompliance with section 246, 248, 248a, or 8010 of this title, any rule adopted pursuant to those sections, or any certificate of public good issued pursuant to those sections, including a complaint of such noncompliance received pursuant to section 208 of this title or the complaint protocol established under 2016 Acts and Resolves No. 130, Sec. 5c.

   Amended 1979, No. 204 (Adj. Sess.), § 2, eff. Feb. 1, 1981; 1989, No. 296 (Adj. Sess.), § 5, eff. June 29, 1990; 2013, No. 89 , § 12a; 2013, No. 91 (Adj. Sess.), §§ 1, 5, eff. Feb. 4, 2014; 2013, No. 99 (Adj. Sess.), § 9a, eff. April 1, 2014; 2015, No. 11 , § 31; 2015, No. 56 , § 22; 2017, No. 53 , § 7; 2017, No. 113 (Adj. Sess.), § 173.

§ 3. Public Utility Commission.

1. The Vermont Public Utility Commission shall consist of a chair and two members. The Chair and each member shall not be required to be admitted to the practice of law in this State.
2. The Chair shall be nominated, appointed, and confirmed in the manner of a Superior judge.
3. Members of the Commission other than the Chair shall be appointed in accordance with this subsection. Whenever a vacancy occurs, public announcement of the vacancy shall be made. The Governor shall submit at least five names of potential nominees to the Judicial Nominating Board for review. The Judicial Nominating Board shall review the candidates in respect to judicial criteria and standards only and shall recommend to the Governor those candidates the Board considers qualified. The Governor shall make the appointment from the list of qualified candidates. The appointment shall be subject to the advice and consent of the Senate.
4. 1. The term of each member shall be six years. (d) (1)  The term of each member shall be six years.
   2. Any appointment to fill a vacancy shall be for the unexpired portion of the term vacated.
   3. 1. A chair wishing to succeed himself or herself in office may seek reappointment under the terms of subsection (b) of this section. (3) (A) A chair wishing to succeed himself or herself in office may seek reappointment under the terms of subsection (b) of this section.
      2. The Governor may reappoint a member of the Commission other than the Chair at the expiration of that member's term, subject to the advice and consent of the Senate.
5. Notwithstanding 3 V.S.A. § 2004 , or any other provision of law, members of the Commission may be removed only for cause. When a Commission member who hears all or a substantial part of a case retires from office before such case is completed, he or she shall remain a member of the Commission for the purpose of concluding and deciding such case, and signing the findings, orders, decrees, and judgments therein. A retiring chair shall also remain a member for the purpose of certifying questions of law if appeal is taken. For such service, he or she shall receive a reasonable compensation to be fixed by the remaining members of the Commission and necessary expenses while on official business.
6. A case shall be deemed completed when the Commission enters a final order therein even though such order is appealed to the Supreme Court and the case remanded by that Court to the Commission. Upon remand the Commission then in office may in its discretion consider relevant evidence including any part of the transcript of testimony in the proceedings prior to appeal.
7. The Chair shall have general charge of the offices and employees of the Commission.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), (c), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 3, eff. Feb. 1, 1981; 1985, No. 108 (Adj. Sess.), § 3, eff. March 25, 1986; 1993, No. 21 , § 1, eff. May 12, 1993; 2017, No. 53 , § 9; 2019, No. 128 (Adj. Sess.), § 13.

§ 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.

§ 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.

§ 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.

§ 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.

§ 8. Powers of single Commission member or other officer or employee.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.

§ 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.

§ 10. Service of process; notice of hearings; temporary restraining orders.

1. 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.
2. Except as provided in subsections (c), (d), and (e) of this section, the Commission shall give 12 days' notice of all hearings.
3. A scheduling or procedural conference may be held upon any reasonable notice.
4. An evidentiary hearing, once commenced upon proper notice, may be continued to a subsequent date upon any reasonable notice.
5. 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.
6. 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.

§ 11. Pleadings; rules of practice; hearings; findings of fact.

1. The forms, pleadings, and rules of practice and procedure before the Commission shall be prescribed by it. The Commission shall adopt rules that include, among other things, provisions that:
   1. A utility whose rates are suspended under the provisions of section 226 of this title shall, within 30 days from the date of the suspension order, file with the Commission all exhibits it intends to use in the hearing thereon together with the names of witnesses it intends to produce in its direct case and a short statement of the purposes of the testimony of each witness. Except in the discretion of the Commission, a utility shall not be permitted to introduce into evidence in its direct case exhibits which are not filed in accordance with this rule.
   2. A scheduling conference shall be ordered in every contested rate case. At such conference the Commission may require the State or any person opposing such rate increase to specify what items shown by the filed exhibits are conceded. Further proof of conceded items shall not be required.
2. The Commission shall allow all members of the public to attend each of its hearings unless the hearing is for the sole purpose of considering information to be treated as confidential pursuant to a protective order duly adopted by the Commission.
   1. The Commission shall make all reasonable efforts to ensure that the location of each hearing is sufficient to accommodate all members of the public seeking to attend.
   2. The Commission shall ensure that the public may safely attend the hearing, including obtaining such resources as may be necessary to fulfill this obligation.
3. The Commission shall hear all matters within its jurisdiction and make its findings of fact. It shall state its rulings of law when they are excepted to. Upon appeal to the Supreme Court, its findings of fact shall be accepted unless clearly erroneous.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1971, No. 185 (Adj. Sess.), § 211, eff. March 29, 1972; 2013, No. 91 (Adj. Sess.), § 3; 2015, No. 23 , § 134; 2017, No. 53 , § 13a; 2019, No. 31 , § 21.

§ 11a. Electronic filing and issuance.

1. As used in this section:
   1. "Confidential document" means a document containing information for which confidentiality has been asserted and that has been filed with the Commission and parties in a proceeding subject to a protective order duly issued by the Commission.
   2. "Document" means information inscribed on a tangible medium or stored in an electronic or other medium and retrievable in perceivable form.
   3. "Electronic filing" means the transmission of documents to the Commission by electronic means.
   4. "Electronic filing system" means a Commission-designated system that provides for the electronic filing of documents with the Commission and for the electronic issuance of documents by the Commission. If the system provides for the filing or issuance of confidential documents, it shall be capable of maintaining the confidentiality of confidential documents and of limiting access to confidential documents to individuals explicitly authorized to access such confidential documents.
   5. "Electronic issuance" means:
      1. the transmission by electronic means of a document that the Commission has issued, including an order, proposal for decision, or notice; or
      2. the transmission of a message from the Commission by electronic means informing the recipients that the Commission has issued a document, including an order, proposal for decision, or notice, and that it is available for viewing and retrieval from an electronic filing system.
   6. "Electronic means" means any Commission-authorized method of electronic transmission of a document.
2. The Commission by order, rule, procedure, or practice may:
   1. provide for electronic issuance of any notice, order, proposal for decision, or other process issued by the Commission, notwithstanding any other service requirements set forth in this title or in 10 V.S.A. chapter 43;
   2. require electronic filing of documents with the Commission;
   3. for any filing or submittal to the Commission for which the filing or submitting entity is required to provide notice or a copy to another State agency under this title or under 10 V.S.A. chapter 43, waive such requirement if the State agency will receive notice of and access to the filing or submittal through an electronic filing system; and
   4. for any filing, order, proposal for decision, notice, or other process required to be served or delivered by first-class mail or personal delivery under this title or under 10 V.S.A. chapter 43, waive such requirement to the extent the required recipients will receive the filing, order, proposal of decision, notice, or other process by electronic means or will receive notice of and access to the filing, order, proposal of decision, notice, or other process through an electronic filing system.
3. Any order, rule, procedure, or practice issued under subsection (b) of this section shall include exceptions to accommodate parties and other participants who are unable to file or receive documents by electronic means.
4. Subsection (b) of this section shall not apply to the requirements for service of citations and notices in writing as set forth in sections 111(b), 111a(i), and 2804 of this title.

   Added 2013, No. 91 (Adj. Sess.), § 4, eff. Feb. 4, 2014.

§ 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.

§ 13. Repealed. 1967, No. 205, § 3.

§ 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.

§ 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.

§ 16. Repealed. 1959, No. 186, § 2, eff. May 20, 1959.

§ 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).

§ 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.

§ 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.

§ 20. Particular proceedings and activities; personnel.

1. 1. The Commission or the Department of Public Service may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and other research, scientific, or engineering services: (a) (1)  The Commission or the Department of Public Service may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and other research, scientific, or engineering services:
      1. To assist the Commission or Department in any proceeding listed in subsection (b) of this section.
      2. To monitor compliance with any formal opinion or order of the Commission.
      3. In proceedings under section 248 of this title, to assist other State agencies that are named parties to the proceeding where the Commission or Department determines that they are essential to a full consideration of the petition, or for the purpose of monitoring compliance with an order resulting from such a petition.
      4. In addition to the services in subdivisions (1)(A)-(C) of this subsection (a), in proceedings under subsection 248(h) of this title, by contract with the regional planning commission of the region or regions affected by a proposed facility, to assist in determining conformance with local and regional plans and to obtain the commission's data, analysis, and recommendations on the economic, environmental, historic, or other impact of the proposed facility in the region.
      5. To assist in monitoring the ongoing and future reliability and the postclosure activities of any nuclear generating plant within the State. In this section, "postclosure activities" includes planning for and implementation of any action within the State's jurisdiction that shall or will occur when the plant permanently ceases generating electricity.
   2. The Agency of Natural Resources may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and other research, scientific, or engineering services to:
      1. Assist the Agency of Natural Resources in any proceeding under section 248 of this title.
      2. Monitor compliance with an order issued under section 248 of this title.
      3. Assist the Commission or the Department of Public Service in any proceedings described in subdivisions (b)(9)(Federal Energy Regulatory Commission) and (11)(Nuclear Regulatory Commission) of this section. Allocation of Agency of Natural Resources costs under this subdivision (C) shall be in the same manner as provided under subdivisions (b)(9) and (11) of this section. The Agency of Natural Resources shall report annually to the Joint Fiscal Committee all costs incurred and expenditures charged under the authority of this subsection (a) with respect to proceedings under subdivision (b)(9) of this section and the purpose for which such costs were incurred and expenditures made.
      4. Assist in monitoring the postclosure activities of any nuclear generating plant within the State.
   3. The Department of Health may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and other research, scientific, or engineering services to assist in monitoring the postclosure activities of any nuclear generating plant within the State.
   4. The Department of Public Safety, Division of Emergency Management and Homeland Security may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, employees, and other research, scientific, or engineering services, or other planning expenses to assist in monitoring the postclosure activities of any nuclear generating plant within the State.
   5. The Agency of Agriculture, Food and Markets may authorize or retain legal counsel, official stenographers, expert witnesses, advisors, temporary employees, and other research, scientific, or engineering services to:
      1. assist the Agency of Agriculture, Food and Markets in any proceeding under section 248 of this title; or
      2. monitor compliance with an order issued under section 248 of this title.
   6. The personnel authorized by this section shall be in addition to the regular personnel of the Commission or the Department of Public Service or other State agencies; and in the case of the Department of Public Service or other State agencies may be retained only with the approval of the Governor and after notice to the applicant or the company or companies involved. The Commission or the Department of Public Service shall fix the amount of compensation and expenses to be paid such additional personnel, except that the Agency of Natural Resources, the Department of Health, the Department of Public Safety, Division of Emergency Management and Homeland Security, or the Agency of Agriculture, Food and Markets, respectively, shall fix the amount of compensation and expenses to be paid to additional personnel that it retains under subdivision (2), (3), (4), or (5) of this subsection.
2. Proceedings, including appeals therefrom, for which additional personnel may be retained are:
   1. Hearings resulting from a utility request to seek an increase in its rates, tolls, or charges, including hearings resulting from complaints against the proposed increase.
   2. Hearings resulting from a petition by a utility or a person operating a utility to issue stock, bonds, notes, or other evidences of indebtedness for which the approval of the Commission is required by law.
   3. Hearings resulting from a petition for a merger, consolidation, or acquisition for which the approval of the Commission is required by law.
   4. Hearings resulting from a petition for a certificate of public good.
   5. Hearings resulting from a petition to acquire property through the exercise of eminent domain under section 110 et seq. of this title.
   6. Hearings resulting from an investigation initiated by the Commission or resulting from a petition brought by the Department.
   7. Proceedings under chapter 13 of this title relating to regulation of cable television systems, provided that due regard shall be taken of a cable television company's size and gross operating revenues.
   8. Hearings resulting from opinions requested under subsection 248(h) of this title.
   9. Proceedings at the Federal Energy Regulatory Commission which involve Vermont utilities or which may affect the interests of the State of Vermont. Costs under this subdivision shall be charged to the involved electric or natural gas companies pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to electric or natural gas companies in proportion to the benefits sought for the customers of such companies from such advocacy. The Public Utility Commission and the Department of Public Service shall report quarterly to the Joint Fiscal Committee all costs incurred and expenditures charged under the authority of this subsection, and the purpose for which such costs were incurred and expenditures made.
   10. Proceedings under the federal Telecommunications Act of 1996.
   11. Proceedings at the Nuclear Regulatory Commission which involve Vermont utilities or which may affect the interests of the State of Vermont. Costs under this subdivision shall be charged to the involved electric companies pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to electric companies in proportion to the benefits sought for the customers of such companies from such advocacy.
   12. Proceedings at the U.S. Bankruptcy Court which involve Vermont utilities or which may affect the interests of the State of Vermont. Costs under this subdivision shall be charged to the involved utilities pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to utilities in proportion to the benefits sought for the customers of such companies from such advocacy.
   13. Proceedings before the Federal Communications Commission or related forums which involve Vermont utilities or which may affect the interests of the State of Vermont. Costs under this subdivision shall be charged, pursuant to subsection 21(a) of this title, to the companies providing telecommunications services on a common carrier basis. In cases where the proceeding is generic in nature, the costs shall be allocated to companies in proportion to the benefits sought for their customers from such advocacy.
   14. Proceedings before the Federal Communications Commission or related forums which involve a company that owns a cable television system holding a certificate of public good and delivering services in Vermont or which may affect the interests of the State of Vermont. Costs under this subdivision shall be charged to the company pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to companies in proportion to the benefits sought for their customers from such advocacy.
   15. Proceedings before any State or federal court concerning a company holding or a facility subject to a certificate issued under this title if the proceedings may affect the interests of the State of Vermont. Costs under this subdivision (15) shall be charged to the involved company pursuant to subsection 21(a) of this title. In cases where the proceeding is generic in nature, the costs shall be allocated to companies in proportion to the benefits sought for their customers from such advocacy.
3. Persons employed by the State are competent to be designated to act for the same purposes and in lieu of or in conjunction with additional personnel retained under this section. However, when so acting, they shall not receive compensation in addition to their regular pay.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 258 , § 1, eff. July 31, 1961; 1975, No. 254 (Adj. Sess.), § 154; 1979, No. 204 (Adj. Sess.), § 6, eff. Feb. 1, 1981; 1987, No. 65 , § 7, eff. May 28, 1987; 1987, No. 271 (Adj. Sess.), § 16, eff. June 21, 1988; 1987, No. 273 (Adj. Sess.), § 4, eff. June 21, 1988; 1989, No. 63 , § 1, eff. May 22, 1989; 1995, No. 182 (Adj. Sess.), § 12, eff. May 22, 1996; 1997, No. 135 (Adj. Sess.), § 1; 1999, No. 49 , § 150; 1999, No. 155 (Adj. Sess.), § 12h; 2001, No. 143 (Adj. Sess.), §§ 47, 48; 2003, No. 98 (Adj. Sess.), § 1; 2009, No. 146 (Adj. Sess.), § F25; 2011, No. 47 , § 20n, eff. May 25, 2011; 2015, No. 172 (Adj. Sess.), § E.233.

§ 21. Particular proceedings and activities; assessment of costs.

1. An agency may allocate the portion of the expense incurred or authorized by it in retaining additional personnel pursuant to section 20 of this title to the applicant or the company or companies involved. As used in this section, "agency" means an agency, board, commission, or department of the State enabled to authorize or retain personnel under section 20 of this title.
   1. The Commission shall upon petition of an applicant or company to which costs are proposed to be allocated, review and determine, after opportunity for hearing, having due regard for the size and complexity of the project, the necessity and reasonableness of such costs, and may amend or revise such allocations. Nothing in this section shall confer authority on the Commission to select or decide the personnel, the expenses of whom are being allocated, unless such personnel are retained by the Commission. Prior to allocating costs, the Commission shall make a determination of the purpose and use of the funds to be raised hereunder, identify the recipient of the funds, provide for allocation of costs among companies to be assessed, indicate an estimated duration of the retention of personnel whose costs are being allocated, and estimate the total costs to be imposed. With the approval of the Commission, such estimates may be revised as necessary. From time to time during the progress of the work of such additional personnel, the agency retaining the personnel shall render to the company detailed statements showing the amount of money expended or contracted for in the work of such personnel, which statements shall be paid by the applicant or the company into the State Treasury at such time and in such manner as the agency may reasonably direct.
   2. In any proceeding under section 248 of this title, the Agency of Natural Resources may allocate the portion of the expense incurred in retaining additional staff authorized in subsection (a) of this section only if the following apply:
      1. the Agency of Natural Resources does not have the expertise, and the retention of such expertise is required to fulfill its statutory obligations in the proceeding; and
      2. the Agency of Natural Resources allocates only that portion of the cost for such expertise that exceeds the fee paid by the applicant under section 248b of this title.
2. When regular employees of an agency are employed in the particular proceedings and activities described in section 20 of this title, the agency may also allocate the portion of its costs and expenses to the applicant or the company or companies involved. The costs of regular employees shall be computed on the basis of working days within the salary period, except that the Department of Public Safety, Division of Emergency Management and Homeland Security may allocate the full cost of the regular employee. The manner of assessment and of making payments shall otherwise be as provided for additional personnel in subsection (a) of this section. However, with respect to proceedings under section 248 of this title, the Agency of Natural Resources shall not allocate the costs of regular employees.
3. With the approval of the Governor, the Department of Public Service may also allocate such portion of expense incurred by it in administering the purchase of electric energy or power or natural gas from outside the State, to the electric or gas distribution companies, cooperative, municipal or privately owned, to which such energy, power, or gas is sold, in proportion to the purchases thereof to such companies. When regular employees are employed on such work, their cost shall be computed on the basis of working days within the salary period.  The manner of assessment and making payments shall otherwise be as provided for additional personnel in subsection (a) of this section.
4. The Agency of Natural Resources may allocate expenses under this section only for costs in excess of the amount specified in 3 V.S.A. § 2809(d)(1)(A) .
5. Annually, on or before January 15, each agency shall report to the Senate Committee on Natural Resources and Energy and the House Committees on Energy and Technology and on Natural Resources, Fish, and Wildlife the total amount of expenses allocated under this section during the previous fiscal year. The report shall include the name of each applicant or company to whom expenses were allocated and the amount allocated to each applicant or company. The Agency of Agriculture, Food and Markets also shall submit a copy of its report to the Senate Committee on Agriculture and the House Committee on Agriculture and Forestry.
6. With the approval of the Governor, the Department of Public Service may allocate the expense incurred under 10 V.S.A. § 7063 in compensating members and alternate members of the Commission among the generators of low-level radioactive waste in the State. Any such allocation shall be in proportion to the volume of waste generated by each such generator.
7. An agency may allocate such portion of expense incurred or authorized by it in compensating persons retained in the monitoring of postclosure activities of a nuclear generating plant pursuant to subsection 20(a) of this title to the plant whose activities are being monitored. Except for the Commission, the agency shall obtain the approval of the Governor before making such an allocation.
8. Under subsections (f) and (g) of this section, the manner of assessment and making payments shall be as provided in subsection (a) of this section. A generator or plant to which expense is allocated under subsection (f) or (g) of this section may petition the Commission in accordance with the procedures of subsection (a) of this section.
9. If an invoice for expenses incurred under subsection (a) of this section is not paid within 45 days after the date of mailing:
   1. the Commission may withhold the issuance of or revoke any related certificate of public good, provided the applicant is given an opportunity for hearing after reasonable notice;
   2. an agency may charge simple interest of one percent per month on the unpaid amount of the invoice for the period from 45 days after the date of mailing to the date of full payment of the amount due; and
   3. an agency may either contract with private collection agencies to collect principal and interest due or use setoff debt collection, as provided in 32 V.S.A. §§ 5931-5940 .

      Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 7, eff. Feb. 1, 1981; 1989, No. 63 , § 2, eff. May 22, 1989; 1999, No. 49 , § 151; 1999, No. 157 (Adj. Sess.), § 1; 2009, No. 146 (Adj. Sess.), § F26; 2011, No. 47 , § 20o, eff. May 25, 2011; 2011, No. 139 (Adj. Sess.), § 27, eff. May 14, 2012; 2015, No. 57 , § 17a; 2015, No. 172 (Adj. Sess.), § E.233.1; 2017, No. 113 (Adj. Sess.), § 173a; 2019, No. 175 (Adj. Sess.), § 23, eff. Oct. 8, 2020.

§ 22. Tax to finance Department and Commission.

1. For the purpose of maintaining the Department of Public Service and Public Utility Commission, including expenses related to maintaining an adequate engineering, legal, and administrative force in the Department of Public Service and paying all the expenses incident thereof, including rents, each person, partnership, association, or private or municipal corporation conducting a business subject to the supervision of the Department of Public Service and Public Utility Commission, including electric cooperatives, shall pay into the State Treasury on or before April 15 annually, in addition to the taxes now required by law to be paid, a tax, at the rate hereinafter named, according to the nature of the public service business engaged in by such person, partnership, association, or private or municipal corporation, based on the gross operating revenue received by such person, partnership, association, or private or municipal corporation in the conduct of such business in the State during the year next preceding, as shown by the annual report filed on or before such date with the Department of Public Service on the form prescribed by it and containing such information as may be necessary to enable the Department to determine the amount of the tax payable.
   1. The rate of tax for each type of public service company, for the purpose of maintaining the Department of Public Service, shall be the following:
      1. for companies, cooperative, municipal or privately owned, generating, distributing, selling, or transmitting electric energy, 0.00320 of gross operating revenue;
      2. for telephone companies, 0.003 of gross operating revenue or $300.00, whichever is greater;
      3. for gas companies, 0.00320 of gross operating revenue;
      4. for water companies, 0.0006 of gross operating revenue or $3.00, whichever is greater;
      5. for companies owning or operating a cable television system, 0.003 of gross operating revenue or $15.00, whichever is greater, $25,000.00 of which shall be used each year by the Department for special planning functions relating to cable television systems;
      6. for companies whose sole telephone business consists of owning customer-owned, coin-operated telephones with total annual revenues of less than $5,000.00, the choice of either 0.003 of gross operating revenue from telephone revenues or the amount of $12.00; and
      7. for all other companies named in section 203 of this title, 0.0006 of gross operating revenues.
   2. The rate of tax for each type of public service company, for the purpose of maintaining the Public Utility Commission, shall be the following:
      1. for companies, cooperative, municipal or privately owned, generating, distributing, selling, or transmitting electric energy, 0.00205 of gross operating revenue;
      2. for telephone companies, 0.002 of gross operating revenue or $200.00, whichever is greater;
      3. for gas companies, 0.00205 of gross operating revenue;
      4. for water companies, 0.0004 of gross operating revenue or $2.00, whichever is greater;
      5. for companies owning or operating a cable television system, 0.002 of gross operating revenue or $10.00, whichever is greater;
      6. for companies whose sole telephone business consists of owning customer-owned, coin-operated telephones with total annual revenues of less than $5,000.00, the choice of either 0.002 of gross operating revenue from telephone revenues or the amount of $8.00; and
      7. for all other companies named in section 203 of this title, 0.0004 of gross operating revenues.
2. The taxes levied under this section shall not apply to sales of electrical power for resale.
3. [Repealed.]
4. 1. On June 30 of each year, any balance in the amount received by the Public Utility Commission from the special fund for the maintenance of engineering and accounting forces, after accounting for expenditures and encumbrances, in excess of 20 percent of the funds received by the Commission for that year shall be used in the manner provided by subdivision (3) of this subsection. (d) (1)  On June 30 of each year, any balance in the amount received by the Public Utility Commission from the special fund for the maintenance of engineering and accounting forces, after accounting for expenditures and encumbrances, in excess of 20 percent of the funds received by the Commission for that year shall be used in the manner provided by subdivision (3) of this subsection.
   2. On June 30 of each year, any balance in the amount received by the Department of Public Service from the special fund for the maintenance of engineering and accounting forces, after accounting for expenditures and encumbrances, in excess of 20 percent of the funds received by the Department for that year shall be used in the manner provided by subdivision (3) of this subsection.
   3. The excess balances determined under subdivisions (1) and (2) of this subsection shall be used in the next succeeding year to directly reduce the rates otherwise collected from the ratepayers of this State for the costs of the telephone Lifeline program authorized by subsection 218(c) of this title.

      Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 258 , § 2, eff. July 31, 1961; 1973, No. 247 (Adj. Sess.), § 1; 1979, No. 204 (Adj. Sess.), § 8, eff. Feb. 1, 1981; 1985, No. 115 (Adj. Sess.), § 1; 1985, No. 224 (Adj. Sess.), § 8; 1987, No. 272 (Adj. Sess.), § 1; 1989, No. 254 (Adj. Sess.), §§ 1, 2; 1991, No. 154 (Adj. Sess.), §§ 1, 2; 1995, No. 182 (Adj. Sess.), § 24; 1995, No. 182 (Adj. Sess.), § 24a, eff. July 1, 1998; 1995, No. 182 (Adj. Sess.), § 25, eff. May 22, 1996; 1997, No. 155 (Adj. Sess.), § 10; 2009, No. 33 , § 58; 2019, No. 70 , § 9.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 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.

§ 30. Penalties; affidavit of compliance.

1. 1. A person, company, or corporation subject to the supervision of the Commission or the Department of Public Service, who refuses the Commission or the Department of Public Service access to the books, accounts, or papers of such person, company, or corporation within this State, so far as may be necessary under the provisions of this title, or who fails, other than through negligence, to furnish any returns, reports, or information lawfully required by it, or who willfully hinders, delays, or obstructs it in the discharge of the duties imposed upon it, or who fails within a reasonable time to obey a final order or decree of the Commission, or who violates a provision of chapter 2, 7, 75, or 89 of this title, or a provision of section 231 or 248 of this title, or a rule of the Commission, shall be required to pay a civil penalty as provided in subsection (b) of this section after notice and opportunity for hearing. (a) (1)  A person, company, or corporation subject to the supervision of the Commission or the Department of Public Service, who refuses the Commission or the Department of Public Service access to the books, accounts, or papers of such person, company, or corporation within this State, so far as may be necessary under the provisions of this title, or who fails, other than through negligence, to furnish any returns, reports, or information lawfully required by it, or who willfully hinders, delays, or obstructs it in the discharge of the duties imposed upon it, or who fails within a reasonable time to obey a final order or decree of the Commission, or who violates a provision of chapter 2, 7, 75, or 89 of this title, or a provision of section 231 or 248 of this title, or a rule of the Commission, shall be required to pay a civil penalty as provided in subsection (b) of this section after notice and opportunity for hearing.
   2. A person who violates a provision of chapter 3 or 5 of this title, except for the provisions of section 231 or 248 of this title, shall be required to pay a civil penalty after notice and opportunity for hearing. If the Commission determines that the violation substantially harmed or might have substantially harmed the public health, safety, or welfare, the interests of utility customers, the environment, the reliability of utility service, or the financial stability of the company, the Commission may impose a civil penalty as provided in subsection (b) of this section. If the Commission determines that the violation did not cause or was not likely to cause such harm, the Commission may impose a civil penalty of not more than $10,000.00.
2. The Commission may impose a civil penalty under subsection (a) of this section of not more than $40,000.00. In the case of a continuing violation, an additional fine of not more than $10,000.00 per day may be imposed. In no event shall the total fine exceed the larger of:
   1. $100,000.00; or
   2. one-tenth of one percent of the gross Vermont revenues from regulated activity of the person, company, or corporation in the preceding year.
3. In determining the amount of a fine under subsection (a) of this section, the Commission may consider any of the following factors:
   1. the extent that the violation harmed or might have harmed the public health, safety, or welfare, the environment, the reliability of utility service, or the other interests of utility customers;
   2. whether the respondent knew or had reason to know the violation existed and whether the violation was intentional;
   3. the economic benefit, if any, that could have been anticipated from an intentional or knowing violation;
   4. the length of time that the violation existed;
   5. the deterrent effect of the penalty;
   6. the economic resources of the respondent;
   7. the respondent's record of compliance; and
   8. any other aggravating or mitigating circumstance.
4. After notice and an opportunity to be heard, the Commission may order any person, company, or corporation subject to the supervision of the Commission or the Department of Public Service who negligently fails to furnish any returns, reports, or information lawfully required by it to pay a civil penalty of not more than $10,000.00.
5. A person who knowingly, under oath, makes a false return or statement or who knowingly, under oath, when required by law, gives false information to the Commission, or the Department of Public Service, or who knowingly testifies falsely in any material matter before either of them, shall be deemed to have committed perjury and shall be punished accordingly.
6. Violations of the rules of procedure for the determination of cases heard by the Public Utility Commission shall not be subject to the provisions of subsection (a), (b), or (c) of this section.
7. At any time, the Commission may require a person, company, or corporation to file an affidavit under oath or affirmation that the person, company, or corporation or any facility or plant thereof is in compliance with the terms and conditions of an order, approval, certificate, or authorization issued under this title or rules adopted under this title. A request for an affidavit of compliance under this subdivision may be delivered by hand or by certified mail. Failure to file such an affidavit within the period prescribed by the Commission or the material misrepresentation of a fact in an affidavit shall be a violation subject to civil penalty under subdivision (a)(1) of this section and shall also be grounds for revocation or rescission of the order, approval, certificate, or authorization as to which the Commission required the affidavit.
8. In accordance with the process set forth in this subsection, the Department may issue an administrative citation to a person the Department believes after investigation violated section 246, 248, 248a, or 8010 of this title, any rule adopted pursuant to those sections, or any certificate of public good issued pursuant to those sections.
   1. An administrative citation, whether draft or final, shall:
      1. state each provision of statute and rule and each condition of a certificate of public good alleged to have been violated;
      2. include a concise statement of the facts giving rise to the alleged violation and the evidence supporting the existence of those facts;
      3. request that the person take the remedial action specified in the notice or pay a civil penalty of not more than $5,000.00 for the violation, or both; and
      4. if remedial action is requested, state the reasons for seeking the action.
   2. The Department shall initiate the process by issuing a draft administrative citation to the person and sending a copy to each municipality in which the person's facility is located, each adjoining property owner to the facility, the complainant if any, and, for alleged violations of the facility's certificate of public good, each party to the proceeding in which the certificate was issued.
      1. At the time the draft citation is issued, the Department shall file a copy with the Commission and post the draft citation on its website.
      2. Commencing with the date of issuance, the Department shall provide an opportunity of 30 days for public comment on the draft citation. The Department shall include information on this opportunity in the draft citation.
      3. Once the public comment period closes, the Department:
         1. Shall provide the person and the Commission with a copy of each comment received.
         2. Within 15 days of the close of the comment period, may file a revised draft citation with the Commission. The revised draft citation may be accompanied by a stipulation or agreed settlement between the person and the Department with a request for Commission approval.
      4. The Commission may on its own initiative open a proceeding to investigate the violation alleged in the draft citation. The Commission shall take any such action within 25 days of the close of the public comment period, or the filing of a revised draft citation, whichever is later. Such a Commission proceeding shall supersede the draft citation.
   3. If the Commission has not opened a proceeding pursuant to subdivision (2)(D) of this subsection, the Department may issue a final administrative citation to the person. Within 30 days of receipt of a final administrative citation, the person shall respond in one of the following ways:
      1. Request a hearing before the Commission on the existence of the alleged violation, the proposed penalty, and the proposed remedial action.
      2. Pay any civil penalty set forth in the notice and agree to undertake such remedial action as is set forth in the notice and submit to the Department for its approval a plan for compliance. In such a case, the final administrative citation shall be enforceable in the same manner as an order of the Commission.
      3. Decline to contest the existence of the alleged violation and request a hearing on either the proposed penalty or remedial action, or both. When exercising this option, a person may agree to either the proposed penalty or remedial action and seek a hearing only on the penalty or action with which the person disagrees.
   4. When a person requests a hearing under subdivision (3) of this subsection, the Commission shall open a proceeding and conduct a hearing in accordance with the provisions of this section on the alleged violation and such remedial action and penalty as are set forth in the notice. Notwithstanding any contrary provision of this section, a penalty under this subdivision (4) shall not exceed $5,000.00.
   5. If a person pays the civil penalty set forth in a final administrative citation, then the Department shall be precluded from seeking and the Commission from imposing additional civil penalties for the same alleged violation unless the violation is continuing or is repeated.
   6. If a person agrees to undertake the remedial action set forth in a final administrative citation, failure to undertake the action or comply with a compliance plan approved by the Department shall constitute a separate violation.
   7. The Commission may approve disposition of a final administrative citation by stipulation or agreed settlement submitted before entry of a final order.
   8. Penalties assessed under this subsection shall be deposited in the General Fund.

      Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 16, eff. Feb. 1, 1981; 1995, No. 99 (Adj. Sess.), § 1; 2009, No. 146 (Adj. Sess.), § F29; 2011, No. 47 , § 10, eff. May 25, 2011; 2013, No. 89 , § 13; 2017, No. 53 , § 8.

§ 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.

§ 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.

§ 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 .

§ 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.

§ 51. Residential building energy standards; stretch code.

1. Definitions.  In this subchapter, the following definitions apply:
   1. "Builder" means the general contractor or other person in charge of construction, who has the power to direct others with respect to the details to be observed in construction.
   2. "Residential buildings" means one-family dwellings, two-family dwellings, and multi-family housing three stories or less in height.
      1. With respect to a structure that is three stories or less in height and is a mixed-use building that shares residential and commercial users, the term "residential building" shall include the living spaces in the structure and the nonliving spaces in the structure that serve only the residential users such as common hallways, laundry facilities, residential management offices, community rooms, storage rooms, and foyers.
      2. "Residential buildings" shall not include hunting camps.
   3. "Residential construction" means new construction of residential buildings, and the construction of additions, alterations, renovations, or repairs to an existing residential building.
   4. "IECC" means the International Energy Conservation Code of the International Code Council.
   5. "Stretch code" means a building energy code for residential buildings that achieves greater energy savings than the RBES and is adopted in accordance with subsection (d) of this section.
2. Adoption of Residential Building Energy Standards (RBES).  Residential construction shall be in compliance with the standards adopted by the Commissioner of Public Service in accordance with subsection (c) of this section.
3. Revision and interpretation of energy standards.  The Commissioner of Public Service shall amend and update the RBES by means of administrative rules adopted in accordance with 3 V.S.A. chapter 25. On or before January 1, 2011, the Commissioner shall complete rulemaking to amend the energy standards to ensure that, to comply with the standards, residential construction must be designed and constructed in a manner that complies with the 2009 edition of the IECC. After January 1, 2011, the Commissioner shall ensure that appropriate revisions are made promptly after the issuance of updated standards for residential construction under the IECC. The Department of Public Service shall provide technical assistance and expert advice to the Commissioner in the interpretation of the RBES and in the formulation of specific proposals for amending the RBES. Prior to final adoption of each required revision of the RBES, the Department of Public Service shall convene an Advisory Committee to include one or more mortgage lenders, builders, building designers, utility representatives, and other persons with experience and expertise, such as consumer advocates and energy conservation experts. The Advisory Committee may provide the Commissioner with additional recommendations for revision of the RBES.
   1. Any amendments to the RBES shall be:
      1. consistent with duly adopted State energy policy, as specified in section 202a of this title, and consistent with duly adopted State housing policy;
      2. evaluated relative to their technical applicability and reliability; and
      3. cost-effective and affordable from the consumer's perspective.
   2. Each time the RBES are amended by the Commissioner, the amended RBES shall become effective upon a date specified in the adopted rule, a date that shall not be less than three months after the date of adoption. Persons commencing residential construction before the effective date of the amended RBES shall have the option of complying with the applicable provisions of the earlier or the amended RBES. After the effective date of the original or the amended RBES, any person commencing residential construction shall comply with the most recent version of the RBES.
   3. In the first cycle of revision of the RBES, the Commissioner shall establish standards for ventilation and shall consider revisions, including:
      1. a requirement for sealed combustion, induced or forced draft combustion equipment when exhaust-only ventilation systems are installed; and
      2. a requirement for adequate replacement air ducted directly to the combustion area of wood and pellet stoves and fireplaces.
   4. 1. As the Model Energy Code is primarily a performance-based code, the Department of Public Service shall develop and disseminate criteria that builders may use in lieu of any computer software, calculations and trade-off worksheets, or systems analysis to comply with the Code. An example package which complies with the Code shall be included in the rules and updated as appropriate. (4) (A) As the Model Energy Code is primarily a performance-based code, the Department of Public Service shall develop and disseminate criteria that builders may use in lieu of any computer software, calculations and trade-off worksheets, or systems analysis to comply with the Code. An example package which complies with the Code shall be included in the rules and updated as appropriate.
      2. To provide for flexibility, additional packages which are equivalent to the example package under chapter 9 of the Model Energy Code and which satisfy the performance approach shall be developed by July 1, 1997 and disseminated by the Department of Public Service. Each time the RBES are amended by the Commissioner, the Department of Public Service shall develop modified compliance packages which will become available to the public by the date that the amendment becomes effective.
   5. A home energy rating conducted at the time of construction by a Vermont-accredited home energy rating organization shall be an acceptable means of demonstrating compliance if the rating indicates energy performance equivalent to the RBES.
   6. The Advisory Committee convened under this subsection, in preparing for the RBES update required on or about January 1, 1999, shall advise the Commissioner of Public Service with respect to the coordination of the RBES amendments with existing and proposed demand-side management programs offered in the State.
4. Stretch code.  The Commissioner may adopt a stretch code by rule. This stretch code shall meet the requirements of subdivision (c)(1) of this section. The stretch code shall be available for adoption by municipalities under 24 V.S.A. chapter 117 and, on final adoption by the Commissioner, shall apply in proceedings under 10 V.S.A. chapter 151 (Act 250) in accordance with subsection (e) of this section.
5. Role of RBES and stretch code in Act 250.  Substantial and reliable evidence of compliance with the RBES and, when adopted, the stretch code established and updated under this section shall serve as a presumption of compliance with 10 V.S.A. § 6086(a)(9)(F) , except no presumption shall be created insofar as compliance with subdivision (a)(9)(F) involves the role of electric resistance space heating. In attempting to rebut a presumption of compliance created under this subsection, a challenge may only focus on the question of whether or not there will be compliance with the RBES and stretch code established and updated under this subsection. A presumption under this subsection may not be overcome by evidence that the RBES and stretch code adopted and updated under this section fail to comply with 10 V.S.A. § 6086(a)(9)(F) .
6. Certification.
   1. Issuance; recording.  A certification may be issued by a builder, a licensed professional engineer, a licensed architect, or an accredited home energy rating organization. If certification is not issued by a licensed professional engineer, a licensed architect, or an accredited home energy rating organization, it shall be issued by the builder. Any certification shall certify that residential construction meets the RBES. The Department of Public Service will develop and make available to the public a certificate that lists key features of the RBES. Any person certifying shall use this certificate or one substantially like it to certify compliance with RBES. Certification shall be issued by completing and signing a certificate and permanently affixing it to the outside of the heating or cooling equipment, to the electrical service panel located inside the building, or in a visible location in the vicinity of one of these three areas. The certificate shall certify that the residential building has been constructed in compliance with the requirements of the RBES. The person certifying under this subsection shall provide a copy of each certificate to the Department of Public Service and shall assure that a certificate is recorded and indexed in the town land records. A builder may contract with a licensed professional engineer, a licensed architect, or an accredited home energy rating organization to issue certification and to indemnify the builder from any liability to the owner of the residential construction caused by noncompliance with the RBES.
   2. Condition precedent.  Provision of a certificate as required by subdivision (1) of this subsection shall be a condition precedent to:
      1. issuance by the Commissioner of Public Safety or a municipal official acting under 20 V.S.A. § 2736 of any final occupancy permit required by the rules of the Commissioner of Public Safety for use or occupancy of residential construction commencing on or after July 1, 2013 that is also a public building as defined in 20 V.S.A. § 2730(a) ; and
      2. issuance by a municipality of a certificate of occupancy for residential construction commencing on or after July 1, 2013, if the municipality requires such a certificate under 24 V.S.A. chapter 117.
7. Action for damages.
   1. Except as otherwise provided in this subsection, a person aggrieved by noncompliance with this section may bring a civil action against a person who has the obligation of certifying compliance under subsection (e) of this section. This action may seek injunctive relief, damages, court costs, and attorney's fees. As used in this subdivision, "damages" means:
      1. costs incidental to increased energy consumption; and
      2. labor, materials, and other expenses associated with bringing the structure into compliance with RBES in effect on the date construction was commenced.
   2. A person's failure to affix the certification as required by this section shall not be an affirmative defense in such an action against the person.
   3. The rights and remedies created by this section shall not be construed to limit any rights and remedies otherwise provided by law.
8. Applicability and exemptions.  The construction of a residential addition to a building shall not create a requirement that the entire building comply with this subchapter. The following residential construction shall not be subject to the requirements of this subchapter:
   1. Buildings or additions whose peak energy use design rate for all purposes is less than 3.4 BTUs per hour, per square foot, or less than one watt per square foot of floor area.
   2. Homes subject to Title VI of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401-5426).
   3. Buildings or additions that are neither heated nor cooled.
   4. Residential construction by an owner, if all of the following apply:
      1. The owner of the residential construction is the builder, as defined under this section.
      2. The residential construction is used as a dwelling by the owner.
      3. The owner in fact directs the details of construction with regard to the installation of materials not in compliance with RBES.
      4. The owner discloses in writing to a prospective buyer, before entering into a binding purchase and sales agreement, with respect to the nature and extent of any noncompliance with RBES. Any statement or certificate given to a prospective buyer shall itemize how the home does not comply with RBES and shall itemize which measures do not meet the RBES standards in effect at the time construction commenced. Any certificate given under this subsection (h) shall be recorded in the land records where the property is located and sent to the Department of Public Service within 30 days following sale of the property by the owner.
         1. Title validity not affected.  A defect in marketable title shall not be created by a failure to issue certification or a certificate, as required under subsection (f) or subdivision (h)(4) of this section, or by a failure under that subsection to: affix a certificate; to provide a copy of a certificate to the Department of Public Service; or to record and index a certificate in the town records.

            Added 1997, No. 20 , § 1; amended 2005, No. 208 (Adj. Sess.), § 7; 2007, No. 92 (Adj. Sess.), § 8; 2009, No. 45 , § 11, eff. May 27, 2009; 2009, No. 159 (Adj. Sess.), § 18b, eff. June 4, 2010; 2011, No. 47 , § 20t, eff. May 25, 2011; 2013, No. 89 , §§ 6, 11; 2017, No. 74 , § 121.

§ 52. Home energy rating organization accreditation.

1. 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.
2. 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.
3. 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.

§ 53. Commercial building energy standards.

1. Definitions.  In this subchapter, "commercial buildings" means all buildings that are not residential buildings as defined in subdivision 51(a)(2) of this title or farm structures as defined in 24 V.S.A. § 4413 .
   1. The following commercial buildings, or portions of those buildings, separated from the remainder of the building by thermal envelope assemblies complying with this section shall be exempt from the building thermal envelope provisions of the standards:
      1. those that do not contain conditioned space; and
      2. those with a peak design rate of energy usage less than an amount specified in the commercial building energy standards (CBES) adopted under subsection (b) of this section.
   2. These standards shall not apply to equipment or portions of building energy systems that use energy primarily to provide for industrial or manufacturing processes.
   3. With respect to a structure that is a mixed-use building that shares residential and commercial users:
      1. if the structure is three stories or fewer in height, the term "commercial building" shall include all commercial uses within the structure and all common areas and facilities that serve both residential and commercial uses; and
      2. if the structure is four stories or more in height, the term "commercial building" shall include all uses and areas within the structure.
2. Adoption of commercial building energy standards.  Commercial building construction with respect to which any local building permit application or application for construction plan approval by the Commissioner of Public Safety pursuant to 20 V.S.A. chapter 173 has been submitted on or after January 1, 2007 shall be designed and constructed in substantial compliance with the standards contained in the 2005 Vermont Guidelines for Energy Efficient Commercial Construction, as those standards may be amended by administrative rule adopted by the Commissioner of Public Service.
3. Revision and interpretation of energy standards.  On or before January 1, 2011, the Commissioner shall complete rulemaking to amend the commercial building energy standards to ensure that commercial building construction must be designed and constructed in a manner that complies with ANSI/ASHRAE/IESNA standard 90.1-2007 or the 2009 edition of the IECC, whichever provides the greatest level of energy savings. At least every three years after January 1, 2011, the Commissioner of Public Service shall amend and update the CBES by means of administrative rules adopted in accordance with 3 V.S.A. chapter 25. The Commissioner shall ensure that appropriate revisions are made promptly after the issuance of updated standards for commercial construction under the IECC or ASHRAE/ANSI/IESNA standard 90.1, whichever provides the greatest level of energy savings. Prior to final adoption of each required revision of the CBES, the Department of Public Service shall convene an Advisory Committee to include one or more mortgage lenders; builders; building designers; architects; civil, mechanical, and electrical engineers; utility representatives; and other persons with experience and expertise, such as consumer advocates and energy conservation experts. The Advisory Committee may provide the Commissioner of Public Service with additional recommendations for revision of the CBES.
   1. Any amendments to the CBES shall be:
      1. consistent with duly adopted State energy policy, as specified in 30 V.S.A. § 202a ; and
      2. evaluated relative to their technical applicability and reliability.
   2. Each time the CBES are amended by the Commissioner of Public Service, the amended CBES shall become effective upon a date specified in the adopted rule, a date that shall not be less than three months after the date of adoption. Persons submitting an application for any local permit authorizing commercial construction, or an application for construction plan approval by the Commissioner of Public Safety pursuant to 20 V.S.A. chapter 173, before the effective date of the amended CBES shall have the option of complying with the applicable provisions of the earlier or the amended CBES. After the effective date of the original or the amended CBES, any person submitting such an application for commercial construction in an area subject to the CBES shall comply with the most recent version of the CBES.
   3. The Advisory Committee convened under this subsection, in preparing for the CBES updates, shall advise the Department of Public Service with respect to the coordination of the CBES amendments with existing and proposed demand-side management programs offered in the State.
   4. The Commissioner of Public Service is authorized to adopt rules interpreting and implementing the CBES.
   5. The Commissioner of Public Service may grant written variances or exemptions from the CBES or rules adopted under this section where strict compliance would entail practical difficulty or unnecessary hardship, or is otherwise found unwarranted, provided that:
      1. Any such variance or exemption shall be consistent with State energy policy, as specified in section 202a of this title.
      2. Any petitioner for such a variance or exemption can demonstrate that the methods, means, or practices proposed to be taken in lieu of compliance with the rule or rules provide, in the opinion of the Commissioner, equal energy efficiency to that attained by compliance with the rule or rules.
      3. A copy of any such variance or exemption shall be recorded by the petitioner in the land records of the city or town in which the building is located.
      4. A record of each variance or exemption shall be maintained by the Commissioner, together with the certifications received by the Commissioner.
4. Certification requirement.
   1. The design of commercial buildings shall be certified by the primary designer as compliant with CBES in accordance with this subsection, except as compliance is excused by a variance or exemption issued under subdivision (c)(5) of this section. If applicable law requires that the primary designer be a licensed professional engineer, licensed architect, or other licensed professional, a member of a pertinent licensed profession shall issue this certification. If one or more licensed professional engineers or licensed architects is involved in the design of the project, one of these licensees shall issue this certificate. If a licensed professional engineer or a licensed architect is not involved in designing the project, certification shall be issued by the builder. Any certification shall be accompanied by an affidavit and shall certify that the designer acted in accordance with the designer's professional duty of care in designing the building, and that the commercial building was designed in substantial compliance with the requirements of the CBES. The Department of Public Service will develop and make available to the public a certificate that lists key requirements of the CBES, sets forth certifying language in accordance with this subdivision, and requires disclosure of persons relied upon by the primary designer who have contracted to indemnify the primary designer for damages arising out of that reliance. Any person certifying under this subdivision shall use this certificate or one substantially like it to satisfy these certification obligations. Certification shall be issued by completing and signing a certificate and permanently affixing it to the outside of the heating or cooling equipment, to the electrical service panel located inside the building, or in a visible location in the vicinity of one of these three areas. In certifying under this subsection, the certifying person may reasonably rely on one or more supporting affidavits received from other persons that contributed to the design affirming that the portions of the design produced by them were properly certifiable under this subsection. The certifying person may contract for indemnification from those on which the person relies pursuant to this subdivision (1) against damages arising out of that reliance. This indemnification shall not limit any rights of action of an aggrieved party.
   2. The construction of a commercial building shall be certified as compliant with CBES in accordance with this subsection, except as compliance is excused by a variance or exemption issued under subdivision (c)(5) of this section. This certification shall be issued by the general contractor, construction manager, or other party having primary responsibility for coordinating the construction of the subject building, or in the absence of such a person, by the owner of the building. Any certification shall be accompanied by an affidavit and shall certify that the subject commercial building was constructed in accordance with the ordinary standard of care applicable to the participating construction trades, and that the subject commercial building was constructed substantially in accordance with the construction documents including the plans and specifications certified under subdivision (1) of this subsection for that building. The Department of Public Service will develop and make available to the public a certificate that sets forth certifying language in accordance with this subdivision, and that requires disclosure of persons who have been relied upon by the person with primary responsibility for coordinating the construction of the building and who have contracted to indemnify that person for damages arising out of that reliance. The person certifying under this subdivision shall use that certificate or one substantially like it to satisfy these certification obligations. Certification shall be issued by completing and signing a certificate and permanently affixing it to the outside of the heating or cooling equipment, to the electrical service panel located inside the building, or in a visible location in the vicinity of one of these three areas. In certifying under this subdivision, the certifying person may reasonably rely on one or more supporting affidavits received from subcontractors or others engaged in the construction of the subject commercial building affirming that the portions of the building constructed by them were properly certifiable under this subdivision (2). The certifying person may contract for indemnification from those on which the person relies pursuant to this subdivision (2) against damages arising out of that reliance. This indemnification shall not limit any rights of action of an aggrieved party.
   3. Any person certifying under this subsection shall provide a copy of the person's certificate and any accompanying affidavit to the Department of Public Service.
   4. Provision of a certificate as required by subdivision (1) of this subsection and of a certificate as required by subdivision (2) of this subsection shall be conditions precedent to:
      1. issuance by the Commissioner of Public Safety (or a municipal official acting under 20 V.S.A. § 2736 ) of any final occupancy permit required by the rules of the Commissioner of Public Safety for use or occupancy of a commercial building that is also a public building as defined in 20 V.S.A. § 2730(a) ; and
      2. issuance by a municipality of a certificate of occupancy for commercial construction commencing on or after July 1, 2013, if the municipality requires such a certificate under 24 V.S.A. chapter 117.
5. Private right of action for damages against a certifier.
   1. Except as otherwise provided in this subsection, a person aggrieved by another person's breach of that other person's representations contained in a certification or supporting affidavit issued or received as provided under subsection (d) of this section, within 10 years after the earlier of completion of construction or occupancy of the affected commercial building or portion of that building, may bring a civil action in Superior Court against a person who has an obligation of certifying compliance under subsection (d) of this section alleging breach of the representations contained in that person's certification. This action may seek injunctive relief, damages arising from the aggrieved party's reliance on the accuracy of those representations, court costs, and reasonable attorney's fees in an amount to be determined by the court. As used in this subdivision, "damages" includes costs incidental to increased energy consumption.
   2. A person's failure to affix the certification as required by this section shall not be an affirmative defense in such an action against the person.
   3. The rights and remedies created by this section shall not be construed to limit any rights and remedies otherwise provided by law.
   4. The right of action established in this subsection may not be waived by contract or other agreement.
   5. It shall be a defense to an action under this subsection that either at the time of completion or at any time thereafter, the commercial building or portion of building covered by a certificate under subsection (d) of this section, as actually constructed, met or exceeded the overall performance standards established in the CBES in effect on the date construction was commenced.
6. State or local enforcement.  Any person who knowingly makes a false certification under subsection (d) of this section, or any party who fails to certify under subsection (d) of this section when required to do so, shall be subject to a civil penalty of not more than $250.00 per day, up to $10,000.00 for each year the violation continues.
7. Title validity not affected.  A defect in marketable title shall not be created by a failure to record a variance or exemption pursuant to subdivision (c)(5) of this section, by a failure to issue certification or a certificate, as required under subsection (d) of this section, or by a failure under that subsection to affix a certificate or provide a copy of a certificate to the Department of Public Service.

   Added 2005, No. 208 (Adj. Sess.), § 8; amended 2007, No. 92 (Adj. Sess.), § 9; 2009, No. 45 , § 12, eff. May 27, 2009; 2011, No. 47 , § 20u, eff. May 25, 2011; 2013, No. 89 , §§ 7, 11; 2015, No. 23 , § 150; 2017, No. 74 , § 122.

§ 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:
   1. Establish active training and enforcement programs to meet the energy standards adopted under this subchapter.
   2. 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.
   3. 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.

§ 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.

§ 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.

§ 62. Building energy working groups. Section 62 repealed effective June 30, 2021.

1. Residential Working Group.  There is established the Residential Building Energy Labeling Working Group.
   1. The Residential Working Group shall consist of the following:
      1. the Commissioner of Public Service (Commissioner) or designee;
      2. an expert in the design, implementation, and evaluation of programs and policies to promote investments in energy efficiency who is not a member of an organization described elsewhere in this subsection, appointed by the Commissioner;
      3. a representative of each energy efficiency utility, chosen by that efficiency utility;
      4. the Director of the State Office of Economic Opportunity or designee;
      5. a representative of Vermont's community action agencies appointed by the Vermont Community Action Partnership;
      6. a representative, with energy efficiency expertise, of the Vermont Housing and Conservation Board, appointed by that Board;
      7. a building performance professional, appointed by the Building Performance Professionals Association;
      8. a representative of the real estate industry, appointed by the Vermont Association of Realtors; and
      9. such other members with expertise in energy efficiency, building design, energy use, or the marketing and sale of real property as the Commissioner may appoint.
   2. The Residential Working Group shall advise the Commissioner in the development of forms pursuant to section 63 of this title.
2. Commercial Working Group.  There is established the Commercial and Multiunit Building Energy Labeling Working Group.
   1. The Commercial Working Group shall consist of the following:
      1. the Commissioner or designee;
      2. an expert in the design, implementation, and evaluation of programs and policies to promote investments in energy efficiency who is not a member of an organization described elsewhere in this subsection, appointed by the Commissioner;
      3. a representative of each energy efficiency utility, chosen by that efficiency utility;
      4. the Director of the State Office of Economic Opportunity or designee;
      5. a representative of Vermont's community action agencies, appointed by the Vermont Community Action Partnership;
      6. a representative, with energy efficiency expertise, of the Vermont Housing and Conservation Board, appointed by that Board;
      7. a representative of the real estate industry, appointed by the Vermont Association of Realtors; and
      8. such other members with expertise in energy efficiency, building design, energy use, or the marketing and sale of real property as the Commissioner may appoint.
   2. The Commercial Working Group shall advise the Commissioner in the development of forms pursuant to section 63 of this title.
3. Co-chairs.  Each working group shall elect two co-chairs from among its members.
4. Meetings.  Meetings of each working group shall be at the call of a Co-Chair or any three of its members. The meetings shall be subject to the Vermont Open Meeting Law and 1 V.S.A. § 172 .
5. Vacancy.  When a vacancy arises in a working group created under this section, the appointing authority shall appoint a person to fill the vacancy.
6. Responsibilities.  The Working Groups shall advise the Commissioner on the following:
   1. requirements for home assessors, including any endorsements, licensure, and bonding required;
   2. programs to train home energy assessors;
   3. requirements for reporting building energy performance scores given by home energy assessors and the establishment of a system for maintaining such information;
   4. requirements to standardize the information on a home energy label; and
   5. other matters related to benchmarking, energy rating, or energy labels for residential, commercial, and multiunit buildings.

      Added 2019, No. 62 , § 12; repealed on June 30, 2021 by 2019, No. 62 § 15(c).

§ 63. Multiunit buildings; access to aggregated data.

1. 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:
      1. Certifies that the request is made for the purpose of benchmarking or preparing an energy label for the building.
      2. 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.
      3. 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.
2. 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.

§ 101. Corporations subject to Commission; formation.

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, which are subject to regulation by the Public Utility Commission.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

§ 102. Petition; hearing; certificate.

1. 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 such corporation will promote the general good of the State and shall at that time file a copy of any such 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.  Such 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 in the county where the proposed corporation is to have its principal office for hearing the petition, and shall make an order for the publication of the substance thereof and of the time and place of hearing two weeks successively in a newspaper of general circulation in the county to be served by the corporation, the last publication to be at least 12 days before the day appointed for the hearing.  The Department of Public Service, through the Director for Public Advocacy, shall represent the public at the hearing.
2. 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.
3. 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 which 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.

§ 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.

§ 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.

§ 105. Payment for stock with property; approved by Commission.

When stock is issued for property other than cash, the value of the property fixed by the incorporators or stockholders must receive the approval of the Public Utility Commission.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1995, No. 99 (Adj. Sess.), § 5.

§ 106. Ownership of stock in other corporations.

When a corporation subject to the regulation of the Public Service Commission, prior to April 2, 1915, was authorized by its charter or otherwise to hold stock in another corporation, such public service corporation may petition the Public Utility Commission for authority to increase the amount of stock of such other corporation which may be owned by the petitioning corporation. If the Commission finds and adjudges that such increase will promote the general good of the State, it may issue its certificate and order authorizing the same, and thereupon the charter or articles of incorporation shall be amended to conform to such order.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1985, No. 224 (Adj. Sess.), § 3.

§ 107. Acquisition of control of one utility company by another; supervision.

1. No company shall directly or indirectly acquire a controlling interest in any company subject to the jurisdiction of the Public Utility Commission, or in any company that directly or indirectly has a controlling interest in such a company, without the approval of the Public Utility Commission. Nothing in this section shall be deemed to affect the direct or indirect acquisition of a controlling interest in a company as defined in subdivision 501(3) of this title.  The direct acquisition of the voting securities of a company defined in subdivision 501(3) shall continue to be regulated pursuant to section 515 of this title.
2. Any company seeking to acquire such a controlling interest shall file a petition with the Public Utility Commission that describes the acquisition and sets forth the reasons why such an acquisition should be approved. The Public Utility Commission shall give notice of the petition to the Department of Public Service and other interested persons, and may conduct a hearing. The Commission may grant such approval only after due notice and opportunity for hearing and upon finding that such an acquisition will promote the public good.
3. If any company acquires such a controlling interest without the prior approval of the Public Utility Commission, the Commission may then, after due notice and opportunity for hearing:
   1. approve the acquisition; or
   2. modify any existing certificates or orders authorizing either or both companies to own or operate a public utility business under the provisions of this title; or
   3. revoke any such existing certificates or orders, or revoke any orders approving the articles of incorporation of such companies; or
   4. declare the acquisition null and void, all as necessary to promote the public good.
4. The Commission may by rule specify terms and conditions upon which companies shall give prior notice of acquisitions regulated by this section.  Any such rule may specify categories of acquisitions that may be deemed to be approved if timely notice has been filed and an investigation has not been initiated by the Commission.
5. For the purposes of this section:
   1. "Controlling interest" means 10 percent or more of the outstanding voting securities of a company; or such other interest as the Public Utility Commission determines, upon notice and opportunity for hearing following its own investigation or a petition filed by the Department of Public Service or other interested party, to constitute the means to direct or cause the direction of the management or policies of a company. The presumption that ten percent or more of the outstanding voting securities of a company constitutes a controlling interest may be rebutted by a company under procedures established by the Commission by rule.
   2. "Voting security" means any stock or security presently entitling the owner or holder thereof to vote in the direction or management of the affairs of a company or any security issued under or pursuant to any agreement, trust, or arrangement whereby a trustee or trustees or agent or agents for the owner or holder of such a security are presently entitled to vote in the direction or management of the affairs of a company.
   3. A specified per centum of the "outstanding voting securities of a company" means such amount of outstanding voting securities of such company as entitles the holder or holders thereof to cast that specified per centum of the aggregate votes which the holders of all the outstanding voting securities of such company are entitled to cast in the direction or management of the affairs of such company.

      1961, No. 183 , § 7; amended 1971, No. 50 , eff. April 14, 1971; 1989, No. 96 , § 2, eff. June 14, 1989; 1993, No. 21 , § 6, eff. May 12, 1993; 1999, No. 157 (Adj. Sess.), § 2.

§ 108. Issue of bonds or other securities.

1. A domestic corporation subject to the jurisdiction of the Public Utility Commission shall not mortgage nor pledge any of its corporate property nor issue any stocks, bonds, notes, or other evidences of indebtedness without the consent of the Public Utility Commission given on petition and after opportunity for hearing of the corporation or its incorporators and a finding of the Commission that the proposed action will be consistent with the general good of the State. Notice of the hearing shall be given as the Commission directs.
   1. The corporation may issue evidences of indebtedness payable within one year from the date of issue without such consent provided such borrowing is necessary as an emergency to restore service immediately after damage by disaster or provided its total evidences of indebtedness so payable within one year from the date of issue do not exceed 20 percent of its total assets. If such evidences of indebtedness would cause its total evidences of indebtedness so payable within one year to exceed 20 percent of its total assets, then it shall give the Commission notice in writing of its intention so to do at least 10 days before the date of the proposed issue and an itemization in such detailed form as the Commission may prescribe. If the Commission determines after considering the notice and the said corporation's report to the Commission that further inquiry is warranted, it shall order such corporation not to issue such evidences of indebtedness under this subdivision without the consent of the Commission given after opportunity for hearing; provided, however, that if the Commission does not make such an order within 10 days from the time it receives such notice under this subdivision, then such corporation may issue such evidences of indebtedness without the consent of the Public Utility Commission, and the Commission upon request shall so notify such corporation in writing; provided, however, that the failure of the Commission to so notify such corporation shall not affect the right of such corporation to issue the evidences of indebtedness described in its notice.
   2. Nothing in this section shall restrict the right of a common carrier by motor vehicle to issue evidences of indebtedness payable within one year from the date of issue without prior notice to or consent by the Commission.
2. The provisions of this section shall not apply to the Vermont Public Power Supply Authority or to a public utility that meets each and all of the following four conditions:
   1. is incorporated in some state other than Vermont;
   2. is conducting an interstate and intrastate telephone business that is subject to regulation by the Federal Communications Commission in some respects;
   3. is conducting telephone operations in four or more states; and
   4. has less than 10 percent of its total investment in property used or useful in rendering service located within this State to the extent that such public utility may issue stock, bonds, notes, debentures, or other evidences of indebtedness not directly or indirectly constituting or creating a lien on any property used or useful in rendering service that is located within this State.
3. 1. A municipality shall not issue bonds or notes or pledge its net revenues under 24 V.S.A. chapter 53, respecting the ownership or operation of a gas or electric utility, unless the Public Utility Commission first finds, upon petition of the municipality and after notice and an opportunity for hearing, that the proposed action will be consistent with the general good of the State. (c) (1)  A municipality shall not issue bonds or notes or pledge its net revenues under 24 V.S.A. chapter 53, respecting the ownership or operation of a gas or electric utility, unless the Public Utility Commission first finds, upon petition of the municipality and after notice and an opportunity for hearing, that the proposed action will be consistent with the general good of the State.
   2. If the Public Utility Commission does not issue its ruling within 90 days of the filing of the petition, as may be extended by consent of the municipality, the issuance of the proposed bonds or notes or pledge of net revenues shall be deemed to be consistent with the general good of the State.
   3. If the Public Utility Commission issues a ruling in accordance with subdivision (1) of this subsection, or does not rule within the period specified in subdivision (2) of this subsection, a municipality must also have obtained voter approval in accordance with 24 V.S.A. chapter 53, if required, prior to issuing bonds or notes or pledging its net revenues.
4. Notwithstanding the provisions of subsection (c) of this section, a municipality may:
   1. issue bonds or notes or pledge its net revenues payable within three years from the date of issue without such consent, provided such borrowing is necessary in an emergency to restore service immediately after damage by disaster;
   2. issue bonds or notes or pledge its net revenues payable within one year of the date of issuance without the consent otherwise required by this subdivision, provided its total bonds, notes, or evidences of indebtedness so payable within one year do not exceed 20 percent of its total assets; or
   3. issue bonds or notes without the consent otherwise required by this subdivision, provided:
      1. the amount of the issuance plus the amount of any bond or note issuances during the previous 12 calendar months does not exceed 20 percent of the municipality's total assets; and
      2. after the proposed issuance, the total amount of the municipality's outstanding bonds, notes, or evidences of indebtedness would not exceed 50 percent of its total assets.

         Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 183 , § 2; 1971, No. 66 , eff. April 15, 1971; 1989, No. 111 , § 12, eff. June 22, 1989; 1993, No. 21 , § 7, eff. May 12, 1993; 1995, No. 99 (Adj. Sess.), § 6; 2019, No. 81 , § 2.

§ 109. Sales and leases; hearings.

1. Except in connection with replacement or exchange, a corporation or a foreign corporation subject to the jurisdiction of the Public Utility Commission shall not make a sale or lease or series of sales or leases in any one calendar year constituting 10 percent or more of the company's property located within this State and actually used in or required for public service operations nor merge nor consolidate pursuant to the provisions of sections 301-307 of this title, nor after any such sale, lease, consolidation, or merger shall any subsequent like action be taken, except after opportunity for hearing by the Public Utility Commission and a finding by the Commission that the same will promote the general good of the State. Such notice of the hearing shall be given as the Commission directs. A certificate of consent of the Public Utility Commission shall be filed with the Secretary of State.
2. No company owning or operating an electric generating plant in this State with a capacity of 80 megawatts, or greater, may sell or lease any real property or transmission facilities located at that plant that are required or may be required to generate electricity, interconnect generation facilities with electric transmission facilities, or transmit electricity from the plant, without first obtaining a certificate of consent from the Public Utility Commission.
3. No company owning or operating an electric transmission facility located in this State that is capable of operating at 100 kilovolts or greater may sell or lease any real property or equipment that is required or may be required to transmit electricity using that facility without first obtaining a certificate of consent from the Public Utility Commission.
4. To obtain a certificate of consent pursuant to subsection (b) or (c) of this section, the company shall notify the Commission and Department in writing of its intention to enter into such a sale or lease at least 45 days before the effective date of the proposed transaction. Within 30 days of receiving this notice, the Department shall file a written recommendation with the Commission as to whether it should consent to the proposed sale or lease, and whether further inquiry or hearing is warranted. Within 15 days of receiving the Department's recommendation, and after considering the company's notice and the Department's recommendation, the Commission shall determine whether further inquiry into the proposed sale or lease is warranted and, if so, shall so proceed. If the Department recommends approval of the proposed transaction without further inquiry or opportunity for hearing, and if the Commission takes no further action within 15 days after the Department has filed such a recommendation, then the proposed transaction shall be deemed approved as consistent with the general good of the State.
5. The Public Utility Commission shall issue a certificate of consent under this section only if it determines that the proposed transaction shall promote the general good of the State.
6. Any notice provided by a company pursuant to subsection (d) of this section shall be accompanied by a statement containing the material terms of the proposed transaction and such further explanation of the proposed transaction as the Commission may prescribe. The Commission may adopt such rules as it deems appropriate for determining the necessity for and scope of any inquiry or hearing concerning a request for Commission consent to a sale or lease under subsection (b) or (c) of this section. In developing these rules, the Commission shall ensure that due consideration is given to issues such as potential ratepayer impacts of the transactions to be reviewed and least-cost integrated planning principles as defined in subdivision 218c(a)(1) of this title. The Commission's rulemaking authority under this section shall include the discretion to:
   1. decrease to no less than 50 megawatts the threshold for review under subsection (b) of this section;
   2. establish a minimum value threshold to trigger review under subsection (b) or (c) of this section; and
   3. adopt or amend other rules appropriately to minimize duplicative regulatory review under this title.

      Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 21 , § 8, eff. May 12, 1993; 2007, No. 93 (Adj. Sess.), § 1, eff. March 21, 2008.

§ 110. Eminent domain; companies authorized.

When it is necessary for a corporation formed under this chapter or a foreign corporation under the jurisdiction of the Public Utility Commission to acquire property within this State, or some easement or other limited right in such property in order that it may render adequate service to the public in the conduct of its business, it may condemn such property or right, as provided in sections 111-124 of this title. All other companies, as defined in sections 201 and 501 of this title, which are within the scope of sections 203 and 501 of this title, shall have the same power of condemnation and be subject to the same procedure as hereinafter provided for condemnation by corporations subject to the jurisdiction of the Public Utility Commission.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1969, No. 61 , eff. April 15, 1969; 1987, No. 271 (Adj. Sess.), § 17, eff. June 21, 1988.

§ 110a. Inclusion of communications facilities.

When a gas or electric utility subject to the jurisdiction of the Commission files a petition to condemn an easement or limited right in property, there shall be a rebuttable presumption that access to the utility's facilities provided pursuant to chapter 92 of this title shall be a necessary component of the utility's rendering of adequate service to the public.

Added 2007, No. 131 (Adj. Sess.), § 3.

§ 111. Petition; notice of hearing.

1. Such corporation shall present a petition to the Public Utility Commission and to the Department of Public Service describing the property or right, and stating why it is unable to acquire it without condemnation, and why its acquisition is necessary.  The Commission shall set a time and place for hearing such petition and shall issue a citation.  The Department, after appropriate investigation, shall present at the hearing on the petition its position on the need for the acquisition, any alternatives to the acquisition, and its recommendations on the acquisition.
2. The citation shall be served upon each person having any legal interest in the property, including each municipality and each planning body where the property is situate like a summons, or on absent persons in such manner as the Supreme Court may by rule provide for service of process in civil actions.  The Commission, in its discretion, may schedule a joint hearing of some or all petitions relating to the same project and concerning properties or rights located in the same town or abutting towns.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 205 , § 2; 1971, No. 185 (Adj. Sess.), § 213, eff. March 29, 1972; 1979, No. 204 (Adj. Sess.), § 20, eff. Feb. 1, 1981.

§ 111a. Preexisting utility lines.

1. When a corporation seeks to condemn property or an easement or other right over property where a currently existing utility line capable of operating at 100 kilovolts or less has not been abandoned and was in place on July 1, 1993, there is a rebuttable presumption that the condemnation of the property right authorizing the existing utility line or lines is necessary in order that the petitioner may render service to the public, provided that the property right is limited to that which is required to allow the operation, maintenance, and repair of the existing line or lines, and does not:
   1. significantly alter the capabilities or capacity of the line or lines;
   2. materially alter the degree of land use associated with the presence of the line or lines; and
   3. authorize the company to perform replacements or upgrades that would have a significant impact under the criteria set forth in section 248 of this title.
2. When a corporation seeks to condemn property or establish an easement or other right over property where a utility line, that has not been abandoned, was in place on July 1, 1993, the corporation shall present a petition to the Public Utility Commission and to the Department of Public Service describing the property or right, and why the action is necessary. The property or right shall be limited to that which is required to allow the operation, maintenance, and repair of the existing line or lines, subject to the limitations set forth in subsection (a) of this section. The Commission shall issue a citation upon each person whose property or right the petitioner proposes to condemn and each municipality and each planning body where the property is located, or on absent persons in such manner as the Supreme Court may by rule provide for service of process in civil actions, including by publication.
3. Upon the filing of the petition with the Commission and Department, any pending actions and proceedings against the petitioner affecting its right to use and enjoy the subject property are stayed for the pendency of the condemnation proceeding before the Commission, and the petitioner may enter upon the property to be condemned for the purposes of examination and obtaining necessary information in order to proceed with the taking and to conduct the minimum amount of maintenance and repairs necessary to provide service.
4. The Commission shall fix the time and the place for hearing.
5. If the utility line for which the corporation seeks to acquire easements through condemnation under this section crosses more than one property, the corporation may petition the Commission to hold a single hearing to determine necessity for all persons subject to condemnation under subsection (b) of this section.
6. A person owning or having an interest in lands or rights to be taken may stipulate as to the necessity of the taking. The stipulation shall be filed with the Commission. The Commission shall issue an order on necessity within 45 days upon receiving the stipulation.
7. A stipulation under subsection (f) of this section shall be accompanied by an affidavit sworn to before a person authorized to take acknowledgments. The stipulation shall include the following:
   1. a recital that the person or persons executing the stipulation have examined the proposed easement, which includes a description of the property or rights to be taken; and
   2. an explanation of the legal and property rights affected.
8. If a hearing is required, the Commission shall hear all persons whose property or right is the subject of the condemnation petition and who wish to be heard at the time and place appointed for the hearing. The Commission shall make findings of fact, and by its order, determine whether necessity requires the taking of the land and rights as set forth in the petition.
9. Following a determination of necessity pursuant to subsection (f) or (h) of this section, the Commission shall expeditiously appoint a time and place for examining the premises and provide an opportunity for a hearing on the issue of compensation, giving at least 10 days' notice in writing to the persons that are subject to the condemnation petition.
10. There shall be rebuttable presumptions that compensation for the taking or use of property rights under the provision of this section shall be the diminution of value caused by the existence of such utility lines across the property at the time the petition was filed with the Commission and that, where a property owner acquired the property with the utility line already in place, the diminution in value was reflected in the terms of acquiring the property. Upon rebuttal of either of these presumptions under the standard set forth in subsection (m) of this section, the Commission shall determine compensation pursuant to the criteria established by subdivision 112(3) of this title.
11. 1. When the Commission renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days thereafter, a certified copy of such judgment. If the judgment is in favor of the petitioner, the Commission, in the same manner, shall send to such parties a certified copy of the findings which shall include a description of the property or right to be condemned. The petitioner shall cause a certified copy of the judgment and findings to be recorded in the clerk's office of the town or towns in which such property is located within 30 days after the clerk receives the copies. (k) (1)  When the Commission renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days thereafter, a certified copy of such judgment. If the judgment is in favor of the petitioner, the Commission, in the same manner, shall send to such parties a certified copy of the findings which shall include a description of the property or right to be condemned. The petitioner shall cause a certified copy of the judgment and findings to be recorded in the clerk's office of the town or towns in which such property is located within 30 days after the clerk receives the copies.
    2. Upon the payment or deposit of the amounts awarded by the Commission, with interest, in accordance with its order, the petitioner shall be the owner of the property or right described in the findings. However, when an appeal is taken as provided in section 12 of this title, such ownership shall be an equitable title only with right of possession until the judgment of the Supreme Court is complied with.
12. Section 112 of this title does not apply to petitions filed under this section except as provided in subsection (j) of this section. An appeal or review relating to an action under this section shall be to the Supreme Court pursuant to section 12 of this title.
13. The presumptions arising under subsections (a) and (j) of this section shall operate in accordance with the provisions of Vermont Rule of Evidence 301(a). These presumptions shall shift only the burden of production, and shall lose their effect as soon as any evidence to support a finding of the nonexistence of the presumed fact is introduced.
14. Nothing in this section shall impact any permitting or regulatory requirements that may apply to the corporation.

    Added 2007, No. 131 (Adj. Sess.), § 4.

§ 112. Findings; dams; assessment of damages; jury trial.

1. When the Commission finds:
   1. In the case of dams, that a certificate of public good authorizing the project as herein required, or a license from the Federal Power Commission has been granted; and
   2. That the condemnation of such property or right is necessary in order that the petitioner may render adequate service to the public in the conduct of the business which it is authorized to conduct, and in conducting which it will, according to the laws of this State, be under an obligation to serve the public on reasonable terms, and pursuant to the regulations of the Commission;
   3. That the condemnation of the property or right will not unduly interfere with the orderly development of the region and scenic preservation; and
   4. That the condemnation of such property or right is sought in order that the petitioner may render adequate service to the public in the conduct of such business, the Commission shall adjudge the petitioner entitled to condemn such property or right, shall assess the compensation to be paid therefor, and shall determine the time and manner of such payment.
2. The compensation to be paid shall be based upon the value of the property on the day the petition is presented to the Commission, and shall include as separate elements the value of the property taken, impairment to the value of remaining property or rights of the owner, and consequential damages, including the damage to the owner's business. Provided, however, if the petitioner or the person or persons owning or interested in such property or right are dissatisfied with the compensation assessed by the Commission, either the petitioner or such person or persons, may, within 30 days after the order of the Commission is made, appeal to the Superior Court of the county within which such property or right, or any part thereof, is situated to have the amount of compensation reassessed and the time and manner of payment redetermined, and either party may demand and have a trial by jury.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263 , § 1, eff. July 31, 1961; 1967, No. 205 , § 4; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 1997, No. 161 (Adj. Sess.), § 21, eff. Jan. 1, 1998.

§ 113. Compensation; where party cannot be found.

When a person to whom such compensation or any part thereof is due cannot be found, or is under any legal disability, or is out of this State, the Commission may order such compensation or part thereof to be deposited with the county clerk of the county wherein the hearing was held. Such money shall be invested and paid out according to orders made by a Superior judge.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

§ 114. Copy of order; record.

When the Commission renders judgment, it shall send by registered mail to each of the parties in interest or their attorneys, within 30 days thereafter, a certified copy of such judgment. If the judgment is in favor of the petitioner, the Commission, in the same manner, shall send to such parties a certified copy of the findings which shall include a description of the property or right to be condemned. The petitioner shall cause a certified copy of the judgment and findings to be recorded in the clerk's office of the town or towns in which such property is located, within 30 days after such copies are received by him or her.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

§ 115. Effect of payment of awards.

Upon the payment or deposit of the amounts awarded by the Commission, with interest, in accordance with its order, the petitioner shall be the owner of the property or right described in the findings. However, when an appeal is taken as provided in section 112 of this title, such ownership shall be an equitable title only with right of possession until the judgment of the Superior Court is complied with.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974.

§ 116. Scope of application.

Without limiting or enlarging the scope of sections 110-115 of this title, it is hereby specifically provided that they shall apply to the condemnation of rights to construct and maintain pipe lines, conduits, lines of poles, towers, or wires, and to rights to appropriate, divert, and flow back water.

§ 117. Rights acquired and not used.

Where property, easements, or other rights are condemned under this chapter in order that the corporation may render adequate service to the public in the conduct of its business, and such property, easements, or rights are not so applied and used, they shall be subject to condemnation under this chapter for a public use by another public service corporation, other than a railroad.

§ 118. Taking burial grounds; condemnation.

When it is necessary that a corporation formed under the provisions of this chapter or a foreign corporation engaged in public service should acquire or flood land used or set apart for a cemetery or burial ground, either public or private, or should acquire an easement or limited right in such cemetery or burial ground, in order that it may render adequate service to the public in the conduct of its business, or in order that it may build and maintain its storage basins, dams, powerhouses, or lines, it may condemn such property or right as provided in this chapter.

§ 119. Notice to municipality.

Notice of such proceedings shall be given to the municipality in which the cemetery is located and such municipality shall be a party to the proceedings for all purposes.

§ 120. Removal of remains.

The remains of the dead in such cemetery shall be removed by the selectboard or board of cemetery commissioners and interred in some suitable cemetery after final judgment and before the exercise of any rights in such cemetery.

§ 121. Notice to kindred.

Before the removal of such remains, the selectboard or board of cemetery commissioners, if there are known relatives of the deceased residing in the State, shall give such relatives 30 days' notice in writing of the intention so to do. If known relatives do not reside in the State but reside outside the State, then the remains shall not be so removed until after 60 days' notice in writing thereof has been given to such relatives.

§ 122. Headstones or monuments erected.

The selectboard or board of cemetery commissioners shall cause existing headstones or monuments to be removed and reerected to the memory of the deceased. Permanent markers shall be provided to designate the place or reinterment of those not so marked previously.

§ 123. Expense.

The entire expense of whatever land may be necessary for the reinterment of such remains and the cost of removal and reerection of headstones or monuments shall be paid by the corporation acquiring such burial ground and the easement therein.

§ 124. Appeal.

The judgment and findings of the Commission shall be final, except that a party who feels himself or herself aggrieved thereby may appeal to the Supreme Court pursuant to the provisions of section 12 of this title. Such appeal shall suspend execution of the judgment of the Commission, but the Supreme Court, or a single Justice in vacation, may vacate the suspension as justice and equity require.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

§ 125. Powers; annual report.

A public service corporation shall have the privilege and be subject to the provisions of the general corporation law, and also to the provisions of chapter 5 of this title, except as such provisions are inconsistent with the provisions of this chapter. Such corporations shall not be required to make any annual report, except as provided in chapter 5 of this title.

Amended 1985, No. 224 (Adj. Sess.), § 4.

§ 126. Saving clause; corporations formed before April 2, 1915.

All corporations formed prior to April 2, 1915, by special act or under the general laws of this State, that are conducting any business subject to regulation by the Public Utility Commission, shall, with respect to acts done after such date, be deemed to be within the provisions of this chapter and the provisions of the general corporation law in like manner as a corporation formed under this chapter. However, a corporation theretofore formed shall not do any act in violation of any restriction contained in its charter. The foregoing provisions of this section shall be subject to the exceptions and qualifications contained in 11 V.S.A. §§ 2 and 3, so far as the same may be applicable to corporations formed under the provisions of this chapter.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1985, No. 224 (Adj. Sess.), § 5.

§ 201. Definitions.

As used in this chapter:

1. "Company" or "companies" means and includes individuals, partnerships, associations, corporations, and municipalities owning or conducting any public service business or property used in connection therewith and covered by the provisions of this chapter. The term "company" or "companies" also includes electric cooperatives organized and operating under chapter 81 of this title, the Vermont Public Power Supply Authority to the extent not inconsistent with chapter 84 of this title, and the Vermont Hydroelectric Power Authority to the extent not inconsistent with chapter 90 of this title. In the context of actions requiring prior approval under section 107 of this title, the term "company" shall also mean any individual, partnership, association, corporation, group, syndicate, operating division, joint stock company, trust, other entity, or municipality which would be defined as a company pursuant to this section if such approval were to be granted.
2. "Electric vehicle supply equipment" means a device or system designed and used specifically to transfer electrical energy to a plug-in electric vehicle as defined in 23 V.S.A. § 4(85) , either as charge transferred via a physical or wireless connection, by loading a fully charged battery, or by other means. "Electric vehicle supply equipment available to the public" shall:
   1. be located at a publicly available parking space, which does not include a parking space that is part of or associated with a private residence or a parking space that is reserved for the exclusive use of an individual driver, vehicle, or group of drivers or vehicles including employees, tenants, visitors, residents of a common interest development, residents of an adjacent building, or customers of a business whose primary business is not electric vehicle charging;
   2. disclose all charges for the use of the electric vehicle supply equipment at the point of sale; and
   3. provide multiple payment options that allow access by the public, if a fee is required, and shall not require persons desiring to use such public electric vehicle supply equipment to pay a subscription fee or otherwise obtain a membership in any club, association, or organization as a condition of using such electric vehicle supply equipment, but may have different price schedules that are conditioned on a subscription or membership in a club, association, or organization.
3. "Energy" means not only the traditional scientific characteristic of "ability to do work" but also the substances or processes used to produce heat, light, or motion, including petroleum or other liquid fuels, natural or synthetic fuel gas, solid carbonaceous fuels, solar radiation, geothermal sources, nuclear sources, biomass, organic waste products, wind, or flowing water.
4. "Energy storage facility" means a system that uses mechanical, chemical, or thermal processes to store energy for export to the grid.

   Amended 1969, No. 257 (Adj. Sess.), § 1; 1981, No. 236 (Adj. Sess.), § 3; 1985, No. 48 , § 3; 1985, No. 224 (Adj. Sess.), § 6; 1989, No. 96 , § 1, eff. June 14, 1989; 1991, No. 170 (Adj. Sess.), § 5, eff. May 15, 1992; 2003, No. 121 (Adj. Sess.), § 103, eff. June 8, 2004; 2019, No. 31 , § 24; 2019, No. 59 , § 30, eff. June 14, 2019.

§ 202. Electrical energy planning.

1. The Department of Public Service, through the Director for Regulated Utility Planning, shall constitute the responsible utility planning agency of the State for the purpose of obtaining for all consumers in the State proper utility service at minimum cost under efficient and economical management consistent with other public policy of the State. The Director shall be responsible for the provision of plans for meeting emerging trends related to electrical energy demand, supply, safety, and conservation.
2. The Department, through the Director, shall prepare the Electrical Energy Plan for the State. The Plan shall be for a 20-year period and shall serve as a basis for State electrical energy policy. The Electrical Energy Plan shall be based on the principles of "least-cost integrated planning" set out in and developed under section 218c of this title. The Plan shall include at a minimum:
   1. an overview, looking 20 years ahead, of statewide growth and development as they relate to future requirements for electrical energy, including patterns of urban expansion, statewide and service area economic growth, shifts in transportation modes, modifications in housing types, and design, conservation, and other trends and factors which, as determined by the Director, will significantly affect State electrical energy policy and programs;
   2. an assessment of all energy resources available to the State for electrical generation or to supply electrical power, including, among others, fossil fuels, nuclear, hydroelectric, biomass, wind, fuel cells, and solar energy and strategies for minimizing the economic and environmental costs of energy supply, including the production of pollutants, by means of efficiency and emission improvements, fuel shifting, and other appropriate means;
   3. estimates of the projected level of electrical energy demand;
   4. a detailed exposition, including capital requirements and the estimated cost to consumers, of how such demand shall be met based on the assumptions made in subdivision (1) of this subsection and the policies set out in subsection (c) of this section;
   5. specific strategies for reducing electric rates to the greatest extent possible in Vermont over the most immediate six-year period, for the next succeeding six-year period, and long-term sustainable strategies for achieving and maintaining the lowest possible electric rates over the full 20-year planning horizon consistent with the goal of maintaining a financially stable electric utility industry in Vermont; and
   6. recommendations for regional and municipal energy planning and standards for issuing a determination of energy compliance pursuant to 24 V.S.A. § 4352 .
3. In developing the Plan, the Department shall take into account the protection of public health and safety; preservation of environmental quality; the relevant goals of 24 V.S.A. § 4302 ; the potential for reduction of rates paid by all retail electricity customers; the potential for reduction of electrical demand through conservation, including alternative utility rate structures; use of load management technologies; efficiency of electrical usage; utilization of waste heat from generation; and utility assistance to consumers in energy conservation.
4. In establishing plans, the Director shall:
   1. Consult with:
      1. the public;
      2. Vermont municipal utilities and planning commissions;
      3. Vermont cooperative utilities;
      4. Vermont investor-owned utilities;
      5. Vermont electric transmission companies;
      6. environmental and residential consumer advocacy groups active in electricity issues;
      7. industrial customer representatives;
      8. commercial customer representatives;
      9. the Public Utility Commission;
      10. an entity designated to meet the public's need for energy efficiency services under subdivision 218c(a)(2) of this title;
      11. other interested State agencies;
      12. other energy providers; and
      13. the regional planning commissions.
   2. To the extent necessary, include in the Plan surveys to determine needed and desirable plant improvements and extensions and coordination between utility systems, joint construction of facilities by two or more utilities, methods of operations, and any change that will produce better service or reduce costs. To this end, the Director may require the submission of data by each company subject to supervision, of its anticipated electrical demand, including load fluctuation, supplies, costs, and its plan to meet that demand and such other information as the Director deems desirable.
5. The Department shall conduct public hearings on the final draft and shall consider the evidence presented at such hearings in preparing the final Plan. The Plan shall be adopted on or before January 1, 2016 and readopted in accordance with this section on or before every sixth January 15 thereafter, and shall be submitted to the General Assembly each time the plan is adopted or readopted. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the submission to be made under this subsection.
6. After adoption by the Department of a final plan, any company seeking Commission authority to make investments, to finance, to site or construct a generation or transmission facility, or to purchase electricity or rights to future electricity, shall notify the Department of the proposed action and request a determination by the Department whether the proposed action is consistent with the Plan. In its determination whether to permit the proposed action, the Commission shall consider the Department's determination of its consistency with the Plan along with all other factors required by law or relevant to the Commission's decision on the proposed action. If the proposed action is inconsistent with the Plan, the Commission may nevertheless authorize the proposed action if it finds that there is good cause to do so. The Department shall be a party to any proceeding on the proposed action, except that this section shall not be construed to require a hearing if not otherwise required by law.
7. The Director shall annually review that portion of a Plan extending over the next six years. The Department, through the Director, shall biennially extend the Plan by two additional years; and from time to time, and in any event every sixth year, institute proceedings to review a Plan and make revisions, where necessary. The six-year review and any interim revisions shall be made according to the procedures established in this section for initial adoption of the Plan. The six-year review and any revisions made in connection with that review shall be performed contemporaneously with readoption of the Comprehensive Energy Plan under section 202b of this title.
8. The Plans adopted under this section shall become the electrical energy portion of the State Energy Plan.
9. It shall be a goal of the Electrical Energy Plan to assure, by 2028, that at least 60 MW of power are generated within the State by combined heat and power (CHP) facilities powered by renewable fuels as defined in section 8002 of this title. In order to meet this goal, the Plan shall include incentives for development and strategies to identify locations in the State that would be suitable for CHP. The Plan shall include strategies to assure the consideration of CHP potential during any process related to the expansion of natural gas services in the State.
10. For the purpose of assisting in the development of municipal and regional plans under 24 V.S.A. chapter 117, the Director shall, on request, provide municipal and regional planning commissions with publicly available information detailing the location of electric transmission and distribution infrastructure in the relevant municipality or region and the capacity of that infrastructure to accept additional electric generation facilities without modification. In providing this information, the Director shall be entitled to the assistance of the electric utilities that own electric transmission or distribution systems, or both, located in Vermont, including the ability to obtain from those utilities such publicly available data as the Director considers necessary to discharge his or her duties under this subsection.

    Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 21, eff. Feb. 1, 1981; 1981, No. 236 (Adj. Sess.), § 6; 1983, No. 1 , eff. Jan. 31, 1983; 1983, No. 46 ; 1983, No. 1 70 (Adj. Sess.), §§ 11, 12, eff. April 19, 1984; 1987, No. 87 , § 3; 1991, No. 259 (Adj. Sess.), §§ 4, 5; 2003, No. 69 , § 5, eff. June 17, 2003; 2007, No. 209 (Adj. Sess.), § 12; 2013, No. 34 , § 18; 2013, No. 91 (Adj. Sess.), § 6, eff. Feb. 4, 2014; 2015, No. 174 (Adj. Sess.), § 7; 2017, No. 74 , § 123.

§ 202a. State energy policy.

It is the general policy of the State of Vermont:

1. To ensure to the greatest extent practicable that Vermont can meet its energy service needs in a manner that is adequate, reliable, secure, and sustainable; that ensures affordability and encourages the State's economic vitality, the efficient use of energy resources, and cost-effective demand-side management; and that is environmentally sound.
2. To identify and evaluate, on an ongoing basis, resources that will meet Vermont's energy service needs in accordance with the principles of reducing greenhouse gas emissions and least-cost integrated planning, including efficiency, conservation, and load management alternatives; wise use of renewable resources; and environmentally sound energy supply.
3. To meet Vermont's energy service needs in a manner that will achieve the greenhouse gas emissions reductions requirements pursuant to 10 V.S.A § 578 and is consistent with the Vermont Climate Action Plan adopted and updated pursuant to 10 V.S.A. § 592 .

   Added 1981, No. 236 (Adj. Sess.), § 4; amended 1983, No. 170 (Adj. Sess.), § 13, eff. April 19, 1984; 1991, No. 259 (Adj. Sess.), § 1; 2019, No. 153 (Adj. Sess.), § 7, eff. Sept. 22, 2020.

§ 202b. State Comprehensive Energy Plan.

1. The Department of Public Service, in conjunction with other State agencies designated by the Governor, shall prepare a State Comprehensive Energy Plan covering at least a 20-year period. The Plan shall seek to implement the State energy policy set forth in section 202a of this title, including meeting the State's greenhouse gas emissions reductions requirements pursuant to 10 V.S.A. § 578 , and shall be consistent with the relevant goals of 24 V.S.A. § 4302 and with the Vermont Climate Action Plan adopted and updated pursuant to 10 V.S.A. § 592 . The State Comprehensive Energy Plan shall include:
   1. a comprehensive analysis and projections regarding the use, cost, supply, and environmental effects of all forms of energy resources used within Vermont;
   2. recommendations for State implementation actions, regulation, legislation, and other public and private action to carry out the Comprehensive Energy Plan, including recommendations for State agency energy plans under 3 V.S.A. § 2291 and transportation planning under Title 19; and
   3. recommendations for regional and municipal energy planning and standards for issuing a determination of energy compliance pursuant to 24 V.S.A. § 4352 .
2. In developing or updating the Plan's recommendations, the Department of Public Service shall seek public comment by holding public hearings in at least five different geographic regions of the State on at least three different dates, and by providing notice through publication once a week and at least seven days apart for two or more successive weeks in a newspaper or newspapers of general circulation in the regions where the hearings will be held, and by delivering notices to all licensed commercial radio and television stations with transmitting facilities within the State, plus Vermont Public Radio and Vermont Educational Television.
3. The Department shall adopt the State Comprehensive Energy Plan on or before January 1, 2016 and shall readopt the Plan on or before every sixth January 15 thereafter. On adoption or readoption, the Plan shall be submitted to the General Assembly. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to such submission.
   1. Upon adoption of the Plan, analytical portions of the Plan may be updated and published biennially.
   2. Every fourth year after the adoption or readoption of a Plan under this section, the Department shall publish the manner in which the Department will engage the public in the process of readopting the Plan under this section.
   3. The publication requirements of subdivisions (1) and (2) of this subsection may be met by inclusion of the subject matter in the Department's biennial report.
   4. The Plan's implementation recommendations shall be updated by the Department no less frequently than every six years. These recommendations shall be updated prior to the expiration of six years if the General Assembly passes a joint resolution making a request to that effect. If the Department proposes or the General Assembly requests the revision of implementation recommendations, the Department shall hold public hearings on the proposed revisions.
4. Distribution of the Plan to members of the General Assembly shall be in accordance with the provisions of 2 V.S.A. § 20(a) -(c).
5. The Commissioner of Public Service (Commissioner) shall file an annual report on progress in meeting the goals of the Plan. The report shall address each of the following sectors of energy consumption in the State: electricity, nonelectric fuels for thermal purposes, and transportation. In preparing the report, the Commissioner shall consult with the Secretaries of Administration, of Agriculture, Food and Markets, of Natural Resources, and of Transportation and the Commissioner of Buildings and General Services.
   1. The Commissioner shall file the report on or before January 15 of each year, commencing in 2019. The provisions of 2 V.S.A. § 20(d) shall not apply to this report.
   2. The Commissioner shall file the report with the House Committees on Energy and Technology and on Natural Resources, Fish, and Wildlife and with the Senate Committees on Finance and on Natural Resources and Energy.
   3. For each sector, the report shall provide:
      1. In millions of British thermal units (MMBTUs) for the most recent calendar year for which data are available, the total amount of energy consumed, the amount of renewable energy consumed, and the percentage of renewable energy consumed. For the electricity sector, the report shall also state the amounts in megawatt hours (MWH) and the Vermont and New England summer and winter peak electric demand, including the hour and day of peak demand.
      2. Projections of the energy reductions and shift to renewable energy expected to occur under existing policies, technologies, and markets. The most recent available data shall be used to inform these projections and shall be provided as a supplement to the data described in subdivision (A) of this subdivision (3).
      3. Recommendations of policies to further the renewable energy goals set forth in statute and the Plan, along with an evaluation of the relative cost-effectiveness of different policy approaches.
   4. The report shall include a supplemental analysis setting forth how progress toward the goals of the Plan is supported by complementary work in avoiding or reducing energy consumption through efficiency and demand reduction. In this subdivision (4), "demand reduction" includes dispatchable measures, such as controlling appliances that consume energy, and nondispatchable measures, such as weatherization.
   5. The report shall include recommendations on methods to enhance the process for planning, tracking, and reporting progress toward meeting statutory energy goals and the goals of the Plan. Such recommendations may include the consolidation of one or more periodic reports filed by the Department or other State agencies relating to renewable energy, with proposals for amending the statutes relevant to those reports.
   6. The report shall include a summary of the following information for each sector:
      1. major changes in relevant markets, technologies, and costs;
      2. average Vermont prices compared to the other New England states, based on the most recent available data; and
      3. significant Vermont and federal incentive programs that are relevant to one or more of the sectors.
   7. The report shall include any activity that occurs under the Vermont Small Hydropower Assistance Program, the Vermont Village Green Program, and the Fuel Efficiency Fund.

      Added 1981, No. 236 (Adj. Sess.), § 5; amended 1991, No. 259 (Adj. Sess.), § 2; 2013, No. 91 (Adj. Sess.), § 7, eff. Feb. 4, 2014; 2015, No. 174 (Adj. Sess.), § 8; 2017, No. 74 , § 124; 2017, No. 139 (Adj. Sess.), § 8; 2019, No. 31 , § 4; 2019, No. 153 (Adj. Sess.), § 8, eff. Sept. 22, 2020.

§ 202c. State telecommunications; policy and planning.

1. The General Assembly finds that advances in telecommunications technology and changes in federal regulatory policy are rapidly reshaping telecommunications services, thereby promising the people and businesses of the State communication and access to information, while creating new challenges for maintaining a robust, modern telecommunications network in Vermont.
2. Therefore, to direct the benefits of improved telecommunications technology to all Vermonters, it is the purpose of this section and section 202d of this title to:
   1. strengthen the State's role in telecommunications planning;
   2. support the universal availability of appropriate infrastructure and affordable services for transmitting voice and high-speed data;
   3. support the availability of modern mobile wireless telecommunications services along the State's travel corridors and in the State's communities;
   4. provide for high-quality, reliable telecommunications services for Vermont businesses and residents;
   5. provide the benefits of future advances in telecommunications technologies to Vermont residents and businesses;
   6. support competitive choice for consumers among telecommunications service providers and promote open access among competitive service providers on nondiscriminatory terms to networks over which broadband and telecommunications services are delivered;
   7. support the application of telecommunications technology to maintain and improve governmental and public services, public safety, and the economic development of the State;
   8. support deployment of broadband infrastructure that:
      1. uses the best commercially available technology;
      2. does not negatively affect the ability of Vermont to take advantage of future improvements in broadband technology or result in widespread installation of technology that becomes outmoded within a short period after installation;
   9. in the deployment of broadband infrastructure, encourage the use of existing facilities, such as existing utility poles and corridors and other structures, in preference to the construction of new facilities or the replacement of existing structures with taller structures; and
   10. support measures designed to ensure that by the end of the year 2024 every E-911 business and residential location in Vermont has infrastructure capable of delivering Internet access with service that has a minimum download speed of 100 Mbps and is symmetrical.

       Added 1987, No. 87 , § 1; amended 2003, No. 164 (Adj. Sess.), § 15, eff. June 12, 2004; 2009, No. 54 , § 49, eff. June 1, 2009; 2011, No. 53 , § 24b, eff. May 27, 2011; 2013, No. 190 (Adj. Sess.), § 8, eff. June 16, 2014.

§ 202d. Telecommunications plan.

1. The Department of Public Service shall constitute the responsible planning agency of the State for the purpose of obtaining for all consumers in the State stable and predictable rates and a technologically advanced telecommunications network serving all service areas in the State. The Department shall be responsible for the provision of plans for meeting emerging trends related to telecommunications technology, markets, financing, and competition.
2. The Department shall prepare the Telecommunications Plan for the State. The Agency of Digital Services, the Agency of Commerce and Community Development, and the Agency of Transportation shall assist the Department in preparing the Plan. The Plan shall be for a 10-year period and shall serve as a basis for State telecommunications policy. Prior to preparing the Plan, the Department shall prepare:
   1. An overview, looking 10 years ahead, of statewide growth and development as they relate to future requirements for telecommunications services, including patterns of urban expansion, statewide and service area economic growth, shifts in transportation modes, economic development, technological advances, and other trends and factors that will significantly affect State telecommunications policy and programs. The overview shall include an economic and demographic forecast sufficient to determine infrastructure investment goals and objectives.
   2. One or more surveys of Vermont residents and businesses, conducted in cooperation with the Agency of Commerce and Community Development to determine what telecommunications services are needed now and in the succeeding 10 years, generally, and with respect to the following specific sectors in Vermont;
      1. the educational sector, with input from the Secretary of Education;
      2. the health care and human services sectors, with input from the Commissioner of Health and the Secretary of Human Services;
      3. the public safety sector, with input from the Commissioner of Public Safety and the Executive Director of the Enhanced 911 Board; and
      4. the workforce training and development sectors, with input from the Commissioner of Labor.
   3. An assessment of the current state of telecommunications infrastructure.
   4. An assessment, conducted in cooperation with the Agency of Digital Services and the Agency of Transportation, of State-owned and managed telecommunications systems and related infrastructure and an evaluation, with specific goals and objectives, of alternative proposals for upgrading the systems to provide the best available and affordable technology for use by State and local government, public safety, educational institutions, community media, nonprofit organizations performing governmental functions, and other community anchor institutions.
   5. A geographically specific assessment of the status, coverage, and capacity of telecommunications networks and services available throughout Vermont, a comparison of available services relative to other states, including price and broadband speed comparisons for key services and comparisons of the status of technology deployment.
   6. An assessment of opportunities for shared infrastructure, open access, and neutral host wireless facilities that is sufficiently specific to guide the Public Utility Commission, the Department, State and local governments, and telecommunications service companies in the deployment of new technology.
   7. [Repealed.]
   8. With respect to emergency communications, an analysis of all federal initiatives and requirements, including the Department of Commerce FirstNet initiative and the Department of Homeland Security Statewide Communication Interoperability Plan, and how these activities can best be integrated with strategies to advance the State's interest in achieving ubiquitous deployment of mobile telecommunications and broadband services within Vermont.
   9. An analysis of alternative strategies to leverage the State's ownership and management of the public rights-of-way to create opportunities for accelerating the buildout of fiber-optic broadband and for increasing network resiliency capacity.
3. In developing the Plan, the Department shall address each of the State telecommunications policies and goals of section 202c of this title, and shall assess initiatives designed to advance and make measurable progress with respect to each of those policies and goals. The assessment shall include identification of the resources required and potential sources of funding for Plan implementation.
4. The Department shall establish a participatory planning process that includes effective provisions for increased public participation. In establishing plans, public hearings shall be held and the Department shall consult with members of the public, representatives of telecommunications utilities with a certificate of public good, other providers, including the Vermont Electric Power Co., Inc. (VELCO) and communications union districts, and other interested State agencies, particularly the Agency of Commerce and Community Development, the Agency of Transportation, and the Agency of Digital Services, whose views shall be considered in preparation of the Plan. To the extent necessary, the Department shall include in the Plan surveys to determine existing, needed, and desirable plant improvements and extensions, access and coordination between telecommunications providers, methods of operations, and any change that will produce better service or reduce costs. To this end, the Department may require the submission of data by each company subject to supervision by the Public Utility Commission.
5. Before adopting the Plan, the Department shall first prepare and publish a preliminary draft and solicit public comment. The Department's procedures for soliciting public comment shall include a method for submitting comments electronically. After review and consideration of the comments received, the Department shall prepare a final draft. This final draft shall either incorporate public comments received with respect to the preliminary draft or shall include a detailed explanation as to why specific individual comments were not incorporated. The Department shall conduct at least four public hearings across the State on the final draft and shall consider the testimony presented at such hearings when preparing the Plan. The Department shall coordinate with Vermont's access media organizations when planning the public hearings required by this subsection. At least one public hearing shall be held jointly with committees of the General Assembly designated by the General Assembly for this purpose.
6. The Department shall adopt a new Plan every three years pursuant to the procedures established in subsection (e) of this section. The Plan shall outline significant deviations from the prior Plan. For good cause or upon request by a joint resolution passed by the General Assembly, an interim review and revision of any section of the Plan may be made after conducting public hearings on the interim revision. At least one hearing shall be held jointly with committees of the General Assembly designated by the General Assembly for this purpose.

   Added 1987, No. 87 , § 2; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2003, No. 164 (Adj. Sess.), § 16, eff. June 12, 2004; 2013, No. 190 (Adj. Sess.), § 9, eff. June 16, 2014; 2015, No. 41 , § 3; 2017, No. 41 , § 1, eff. May 22, 2017; 2019, No. 79 , § 22, eff. June 20, 2019; 2019, No. 154 (Adj. Sess.), § B.1105, eff. Oct. 2, 2020.

§ 202e. Telecommunications and connectivity.

1. Among other powers and duties specified in this title, the Department of Public Service, through the Division for Telecommunications and Connectivity, shall promote:
   1. access to affordable broadband service to all residences and businesses in all regions of the State, to be achieved in a manner that is consistent with the State Telecommunications Plan;
   2. universal availability of mobile telecommunication services, including voice and high-speed data along roadways, and near universal availability statewide;
   3. investment in telecommunications infrastructure in the State that creates or completes the network for service providers to create last-mile connection to the home or business and supports the best available and economically feasible service capabilities;
   4. the continuous upgrading of telecommunications and broadband infrastructure in all areas of the State to reflect the rapid evolution in the capabilities of available broadband and mobile telecommunications technologies, the capabilities of broadband and mobile telecommunications services needed by persons, businesses, and institutions in the State; and
   5. the most efficient use of both public and private resources through State policies by encouraging the development, funding, and implementation of open access telecommunications infrastructure.
2. To achieve the goals specified in subsection (a) of this section, the Division shall:
   1. provide resources to local, regional, public, and private entities in the form of grants, technical assistance, coordination, and other incentives;
   2. prioritize the use of existing buildings and structures, historic or otherwise, as sites for visually-neutral placement of mobile telecommunications and wireless broadband antenna facilities;
   3. inventory and assess the potential to use federal radio frequency licenses held by instrumentalities of the State to enable broadband service in unserved areas of the State; take steps to promote the use of those licensed radio frequencies for that purpose; and recommend to the General Assembly any further legislative measures with respect to ownership, management, and use of these licenses as would promote the general good of the State;
   4. coordinate telecommunications initiatives among Executive Branch agencies, departments, and offices;
   5. identify the types and locations of infrastructure and services needed to carry out the goals stated in subsection (a) of this section;
   6. formulate, with the advice and assistance of the Telecommunications and Connectivity Board and with input from the regional planning commissions, an action plan that conforms with the State Telecommunications Plan, as updated and revised, and carries out the goals stated in subsection (a) of this section;
   7. coordinate the agencies of the State to make public resources available to support the extension of broadband and mobile telecommunications infrastructure and services to all unserved and underserved areas;
   8. support and facilitate initiatives to extend the availability of broadband and mobile telecommunications, and promote development of the infrastructure that enables the provision of these services;
   9. work cooperatively with the Agency of Transportation and the Department of Buildings and General Services to assist in making available transportation rights-of-way and other State facilities and infrastructure for telecommunications projects in conformity with applicable federal statutes and regulations; and
   10. receive all technical and administrative assistance as deemed necessary by the Director for Telecommunications and Connectivity.
3. 1. The Director may request from telecommunications service providers voluntary disclosure of information regarding deployment of broadband, telecommunications facilities, or advanced metering infrastructure that is not publicly funded. Such information may include data identifying projected coverage areas, projected average speed of service, service type, and the anticipated date of completion in addition to identifying the location and routes of proposed cables, wires, and telecommunications facilities. (c) (1)  The Director may request from telecommunications service providers voluntary disclosure of information regarding deployment of broadband, telecommunications facilities, or advanced metering infrastructure that is not publicly funded. Such information may include data identifying projected coverage areas, projected average speed of service, service type, and the anticipated date of completion in addition to identifying the location and routes of proposed cables, wires, and telecommunications facilities.
   2. The Director may enter into a nondisclosure agreement with respect to any voluntary disclosures under this subsection, and the information disclosed pursuant thereto shall remain confidential. Alternatively, entities that voluntarily provide information requested under this subsection may select a third party to be the recipient of such information. The third party may aggregate information provided by the entities, but shall not disclose provider-specific information it has received under this subsection to any person, including the Director. The third party shall only disclose the aggregated information to the Director. The Director may publicly disclose aggregated information based upon the information provided under this subsection. The confidentiality requirements of this subsection shall not affect whether information provided to any agency of the State or a political subdivision of the State pursuant to other laws is or is not subject to disclosure.
4. The Division shall only promote the expansion of broadband services that offer actual speeds that meet or exceed the minimum technical service characteristic objectives contained in the State's Telecommunications Plan.
5. Notwithstanding 2 V.S.A. § 20(d) , on or before January 15 of each year, the Director, with the advice and assistance of the Telecommunications and Connectivity Board, shall submit a report of its activities pursuant to this section and duties of subsection 202f(f) of this title for the preceding fiscal year to the General Assembly. Each report shall include an operating and financial statement covering the Division's operations during the year, including a summary of all grant awards and contracts and agreements entered into by the Division, as well as the action plan required under subdivision (b)(6) of this section. In addition, the report shall include an accurate map and narrative description of each of the following:
   1. the areas served and the areas not served by broadband that has a download speed of at least 4 Mbps and an upload speed of at least 1 Mbps, and cost estimates for providing such service to unserved areas;
   2. the areas served and the areas not served by broadband that has a download speed of at least 25 Mbps and an upload speed of at least 3 Mbps, or as defined by the FCC in its annual report to Congress required by section 706 of the Telecommunications Act of 1996, whichever is higher, and the cost estimates for providing such service to unserved areas;
   3. the areas served and the areas not served by broadband that has a download speed of at least 100 Mbps and is symmetrical, and the cost estimates for providing such service to unserved areas; and
   4. if monetarily feasible, the areas served and the areas not served by wireless communications service, and cost estimates for providing such service to unserved areas.

      Added 2015, No. 41 , § 4.

§ 202f. Telecommunications and Connectivity Advisory Board.

1. There is created the Telecommunications and Connectivity Advisory Board for the purpose of making recommendations to the Commissioner of Public Service regarding his or her telecommunications responsibilities and duties as provided in this section. The Connectivity Advisory Board shall consist of eight members selected as follows:
   1. the State Treasurer or designee;
   2. the Secretary of Commerce and Community Development or designee;
   3. five at-large members appointed by the Governor, who shall not be employees or officers of the State at the time of appointment; and
   4. the Secretary of Transportation or designee.
2. A quorum of the Connectivity Advisory Board shall consist of four voting members. No action of the Board shall be considered valid unless the action is supported by a majority vote of the members present and voting and then only if at least four members vote in favor of the action. The Governor shall select, from among the at-large members, a chair and vice chair.
3. In making appointments of at-large members, the Governor shall give consideration to citizens of the State with knowledge of telecommunications technology, telecommunications regulatory law, transportation rights-of-way and infrastructure, finance, environmental permitting, and expertise regarding the delivery of telecommunications services in rural, high-cost areas. However, the five at-large members may not be persons with a financial interest in or owners or employees of an enterprise that provides broadband or cellular service or that is seeking in-kind or financial support from the Department of Public Service. The conflict of interest provision in this subsection shall not be construed to disqualify a member who has ownership in a mutual fund, exchange traded fund, pension plan, or similar entity that owns shares in such enterprises as part of a broadly diversified portfolio. The at-large members shall serve terms of two years beginning on February 1 in odd-numbered years and until their successors are appointed and qualified. However, three of the five at-large members first appointed by the Governor shall serve an initial term of three years. Vacancies shall be filled for the balance of the unexpired term. A member may be reappointed for up to three consecutive terms. Upon completion of a term of service for any reason, including the term's expiration or a member's resignation, and for one year from the date of such completion, a former Board member shall not advocate before the Connectivity Board, Department of Public Service, or the Public Utility Commission on behalf of an enterprise that provides broadband or cellular service.
4. Except for those members otherwise regularly employed by the State, the compensation of the Board's members is that provided by 32 V.S.A. § 1010(a) . All members of the Board, including those members otherwise regularly employed by the State, shall receive their actual and necessary expenses when away from home or office upon their official duties.
5. In performing its duties, the Connectivity Advisory Board may use the legal and technical resources of the Department of Public Service. The Department of Public Service shall provide the Board with administrative services.
6. The Connectivity Advisory Board shall:
   1. have review and nonbinding approval authority with respect to the awarding of grants under the Connectivity Initiative. The Commissioner shall have sole authority to make the final decision on grant awards, as provided in subsection (g) of this section.
   2. function in an advisory capacity to the Commissioner on the development of State telecommunications policy and planning, including the action plan required under subdivision 202e(b)(6) of this chapter and the State Telecommunications Plan.
   3. annually advise the Commissioner on the development of requests for proposals under the Connectivity Initiative.
   4. annually provide the Commissioner with recommendations for the apportionment of funds to the High-Cost Program and the Connectivity Initiative.
   5. annually provide the Commissioner with recommendations on the appropriate Internet access speeds for publicly funded telecommunications and connectivity projects.
7. The Commissioner shall make an initial determination as to whether a proposal submitted under the Connectivity Initiative meets the criteria of the request for proposals. The Commissioner shall then provide the Connectivity Advisory Board a list of all eligible proposals and recommendations. The Connectivity Advisory Board shall review the recommendations of the Commissioner and may review any proposal submitted, as it deems necessary, and either approve or disapprove each recommendation and may make new recommendations for the Commissioner's final consideration. The Commissioner shall have final decision-making authority with respect to the awarding of grants under the Connectivity Initiative. If the Commissioner does not accept a recommendation of the Board, he or she shall provide the Board with a written explanation for such decision.
8. On November 15, 2019, and annually thereafter, the Commissioner shall submit to the Connectivity Advisory Board an accounting of monies in the Connectivity Fund and anticipated revenue for the next year.
9. The Chair shall call the first meeting of the Connectivity Advisory Board. The Chair or a majority of Board members may call a Board meeting. The Board may meet up to six times a year.
10. At least annually, the Connectivity Advisory Board and the Commissioner or designee shall jointly hold a public meeting to review and discuss the status of State telecommunications policy and planning, the Telecommunications Plan, the Connectivity Fund, the Connectivity Initiative, the High-Cost Program, and any other matters they deem necessary to fulfill their obligations under this section.
11. Information and materials submitted by a telecommunications service provider concerning confidential financial or proprietary information shall be exempt from public inspection and copying under the Public Records Act, nor shall any information that would identify a provider who has submitted a proposal under the Connectivity Initiative be disclosed without the consent of the provider, unless a grant award has been made to that provider. Nothing in this subsection shall be construed to prohibit the publication of statistical information, determinations, reports, opinions, or other information so long as the data are disclosed in a form that cannot identify or be associated with a particular telecommunications service provider.

    Added 2015, No. 41 , § 5; amended 2019, No. 31 , § 7.

§ 203. Jurisdiction of certain public utilities.

The Public Utility Commission and the Department of Public Service shall have jurisdiction over the following described companies within the State, their directors, receivers, trustees, lessees, or other persons or companies owning or operating such companies and of all plants, lines, exchanges, and equipment of such companies used in or about the business carried on by them in this State as covered and included herein. Such jurisdiction shall be exercised by the Commission and the Department so far as may be necessary to enable them to perform the duties and exercise the powers conferred upon them by law. The Commission and the Department may, when they deem the public good requires, examine the plants, equipment, lines, exchanges, stations, and property of the companies subject to their jurisdiction under this chapter.

1. A company engaged in the manufacture, transmission, distribution, or sale of gas or electricity directly to the public or to be used ultimately by the public for lighting, heating, or power and so far as relates to their use or occupancy of the public highways.
2. That part of the business of a company that consists of the manufacture, transmission, distribution, or sale of gas or electricity directly to the public or to be used ultimately by the public for lighting, heating, or power and so far as relates to their use or occupancy of the public highways.
3. A company other than a municipality or a water system exempted under the provisions of 10 V.S.A. § 1675a engaged in the collecting, sale, and distribution of water for domestic, industrial, business, or fire protection purposes.
4. A company engaged in the construction and maintenance of dams and storage reservoirs whether for the purpose of prevention of damage by flood, or for the purpose of power to be developed, or for the benefit of waterpower, developed or undeveloped, so situated as to be affected by such reservoirs and dams.
5. A person or company offering telecommunications service to the public on a common carrier basis. "Telecommunications service" means the transmission of any interactive two-way electromagnetic communications, including voice, image, data, and information. Transmission of electromagnetic communications includes the use of any media such as wires, cables, television cables, microwaves, radio waves, light waves, or any combination of those or similar media. Telecommunications service does not include value-added nonvoice services in which computer processing applications are used to act on the form, content, code, and protocol of the information to be transmitted unless those services are provided under tariff approved by the Public Utility Commission.
6. A company or that part of a company, other than a municipality, which has obtained a direct or indirect discharge permit issued by the Agency of Natural Resources and is engaged in the collection or disposal of wastewater or domestic sewage or any combination of these activities, except companies solely involved in the hauling of septage or sludge. This subdivision shall only apply to companies which, together with any affiliates, service 750 or more household or dwelling units.
7. Notwithstanding subdivisions (1) and (2) of this section, the Commission and Department shall not have jurisdiction over persons otherwise not regulated by the Commission that are engaged in the siting, construction, ownership, operation, or control of a facility that sells or supplies electricity to the public exclusively for charging a plug-in electric vehicle, as defined in 23 V.S.A. § 4(85) . These persons may charge by the kWh for owned or operated electric vehicle supply equipment, as defined in section 201 of this title, but shall not be treated as an electric distribution utility just because electric vehicle supply equipment charges by the kWh.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 267 , § 1, eff. Aug. 1, 1961; 1979, No. 204 (Adj. Sess.), § 22, eff. Feb. 1, 1981; 1985, No. 224 (Adj. Sess.), § 8; 1987, No. 87 , § 5; 1993, No. 21 , § 19, eff. May 12, 1993; 1993, No. 120 (Adj. Sess.), § 1; 2007, No. 156 (Adj. Sess.), § 2; 2019, No. 59 , § 39, eff. June 14, 2019.

§ 203a. Fuel Efficiency Fund.

1. Fuel Efficiency Fund.  There is established the Fuel Efficiency Fund to be administered by a fund administrator appointed by the Commission. Balances in the Fund shall be ratepayer funds, shall be used to support the activities authorized in this subsection, and shall be carried forward and remain in the Fund at the end of each fiscal year. These monies shall not be available to meet the general obligations of the State. Interest earned shall remain in the Fund. The Fund shall contain such sums as appropriated by the General Assembly or as otherwise provided by law, in addition to revenues from the sale of credits under the RGGI cap and trade program as provided for under section 255 of this title.
2. Use of the Fund.  The Fuel Efficiency Fund shall be used to support the delivery of energy efficiency services to Vermont heating and process fuel consumers and to carry out cost-effective efficiency measures and reductions in greenhouse gas emissions from those sectors. These energy efficiency services shall be delivered by the service provider or providers selected by the Department of Public Service under section 235 of this title to perform these functions.
3. [Repealed.]
4. Department costs.  Up to five percent of amounts allocated to the Department of Public Service from the Fund may be used for administrative costs directly related to the Fuel Efficiency Fund.

   Added 2007, No. 92 (Adj. Sess.), § 11; amended 2009, No. 54 , § 103, eff. June 1, 2009; 2009, No. 1 (Sp. Sess.), § E.235, eff. June 2, 2009; 2013, No. 142 (Adj. Sess.), § 48; 2019, No. 31 , § 1.

§ 204. Organization; reports of public utility corporations.

Immediately upon the transmission of its articles of association, a corporation subject to supervision under this chapter shall file with the Department of Public Service a copy of such articles, and a copy of its certificate of paid up capital stock if any. The corporation shall also, immediately after its organization, forward to the Department of Public Service a copy of the report of its organization containing the names and addresses of the directors and other officials of the corporation. At the time of commencing, a business, a municipality, person, or company, other than a corporation which is subject to supervision under this chapter, shall file with the Department of Public Service a written statement giving the location, nature, and extent of such business, together with the post office address of the owner or owners, business manager, and other officials.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 23, eff. Feb. 1, 1981.

§ 205. Duty to furnish copies of contracts.

At the request of the Department of Public Service, a corporation subject to supervision under this chapter shall submit to the Department for its approval certified copies of contracts entered into after July 1, 1961, between such corporation and any person, partnership, association, trust, or corporation holding, controlling, or owning 10 percent or more of the voting capital stock of such corporation subject to supervision, or with any other corporation which is itself owned or controlled by a person, partnership, association, trust, or corporation so holding, controlling, or owning 10 percent or more of the voting capital stock of such corporation subject to supervision.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 183 , § 3; 1979, No. 204 (Adj. Sess.), § 35, eff. Feb. 1, 1981.

§ 206. Information to be furnished Department.

On request by the Department of Public Service, a company owning or operating a plant, line, or property subject to supervision under this chapter shall furnish the Department information required by it concerning the condition, operation, management, expense of maintenance and operation, cost of production, rates charged for service or for product, contracts, obligations, and the financial standing of such company. It shall also inform the Department of the salaries of, the pensions, option, or benefit programs affecting, and the expenses reimbursed to, its officers or directors, or both.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 183 , § 4; 1979, No. 204 (Adj. Sess.), § 35, eff. Feb. 1, 1981; 2015, No. 29 , § 22.

§ 207. Report of accidents; investigation.

The superintendent or manager of any line or plant, subject to supervision under this chapter, shall notify the Department in writing of any accident within this State immediately after its occurrence, upon such line or plant resulting in loss of life or injury to any person that shall incapacitate him or her from engaging in his or her usual vocations. The Department shall inquire into the cause of every such accident, and if, in its judgment, a public investigation is necessary, it shall fix a time and place of holding the same, and shall thereupon proceed as provided in 5 V.S.A. § 3454 relating to investigation of accidents upon railroads.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 35, eff. Feb. 1, 1981.

§ 208. Complaints; investigations; procedure.

A complaint to the Public Utility Commission may be made against a company subject to supervision under the provisions of this chapter concerning any claimed unlawful act or neglect adversely affecting the complainant, who may be a company or five or more individuals or, if less than five are so affected, then any one of them. The complainant may bring his or her complaint directly before the Commission or he or she may file his or her complaint with the Department of Public Service which shall investigate such complaint and if sufficient cause exists, shall prosecute the same in the name of the State. Upon request of the trustees of an incorporated village or the selectboard or city council or upon its own motion, the Department of Public Service may institute investigations regarding the price, toll, rate, or rental charged by any utility.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 24, eff. Feb. 1, 1981.

§ 208a. Selection of telecommunications carrier.

1. No provider of telecommunications services shall submit a change order for primary interexchange carrier or for local exchange carrier to any telecommunications company regarding a Vermont customer unless and until the submitting carrier has obtained express authorization from the customer for the change. Upon request of the customer, offers to provide telecommunications services shall be sent to the customer in written form describing the terms and conditions of service. As used in this section, "express authorization" means an express, affirmative act by the customer clearly agreeing to the change in primary interexchange carrier or local exchange carrier, in the form of:
   1. a written authorization;
   2. a customer initiated call to the submitting carrier;
   3. an oral authorization verified by an independent third party and the verification has been recorded;
   4. electronic authorization; or
   5. some other form of recorded authorization.
2. 1. A petition alleging violation of this section may be brought to the Public Utility Commission by the customer, by the Department of Public Service, by the Attorney General, or by the customer's former carrier. If the Public Utility Commission determines after opportunity for hearing that a telecommunications carrier has submitted a change order and cannot demonstrate that it has complied with this section, and with rules adopted by the Commission, the Commission may: (b) (1)  A petition alleging violation of this section may be brought to the Public Utility Commission by the customer, by the Department of Public Service, by the Attorney General, or by the customer's former carrier. If the Public Utility Commission determines after opportunity for hearing that a telecommunications carrier has submitted a change order and cannot demonstrate that it has complied with this section, and with rules adopted by the Commission, the Commission may:
      1. void any pending charges and require the submitting carrier to pay to the customer an amount equal to all charges previously paid by the customer to the submitting carrier and made possible by the change order, providing that the voiding and repayment shall apply only for a reasonable time after the customer discovered or should have discovered the change in carriers;
      2. require the submitting carrier to pay to the customer an amount of money to compensate for damages that arose because the change order altered the nature or quality of the customer's telecommunications services;
      3. require the submitting carrier to pay to the former carrier an amount equal to the revenues the former carrier would have received for providing equivalent services to the customer had the unauthorized switch not occurred;
      4. require the submitting carrier to pay to the customer's local exchange carrier an amount to compensate for any costs arising from changes caused by the invalid change order;
      5. require the submitting carrier to pay, to the petitioner, the costs of prosecuting the complaint before the Commission, including reasonable attorney's fees, witness fees, and incidental costs; and
      6. require the submitting carrier to pay a penalty as authorized by section 30 of this title.
   2. Payments and penalties under this section shall be in addition to those otherwise provided by law.
3. The Public Utility Commission shall adopt such rules as are necessary to carry out the purposes of this section. Such rules shall be no less stringent than the federal rules relating to changes of carrier, and shall include such further provisions as are needed to implement the provisions of this section.

   Added 1995, No. 182 (Adj. Sess.), § 1, eff. May 22, 1996; amended 1997, No. 135 (Adj. Sess.), § 3.

§ 208b. Unauthorized billing.

A company subject to the jurisdiction of the Public Utility Commission shall not send a bill to a consumer for goods or services that the company provides and that will appear as a charge on the consumer's telecommunications bill without the consumer's consent. The Department shall develop a consumer education plan to ensure that consumers of telecommunications services have adequate notice of this requirement. A company that violates this section shall be subject to the remedies authorized by this title, including penalties authorized by section 30 and injunctions authorized by section 209.

Added 1999, No. 67 (Adj. Sess.), § 1.

§ 209. Jurisdiction; general scope.

1. General jurisdiction.  On due notice, the Commission shall have jurisdiction to hear, determine, render judgment, and make orders and decrees in all matters provided for in the charter or articles of any corporation owning or operating any plant, line, or property subject to supervision under this chapter, and shall have like jurisdiction in all matters respecting:
   1. the purity, quantity, or quality of any product furnished or sold by any company subject to supervision under this chapter, and may prescribe the equipment for and standard of measurement, pressure, or initial voltage of such product;
   2. the providing for each kind of business subject to supervision under this chapter, suitable and convenient standard commercial units of product or service, which standards shall be lawful for the purposes of this chapter;
   3. the manner of operating and conducting any business subject to supervision under this chapter, so as to be reasonable and expedient, and to promote the safety, convenience, and accommodation of the public;
   4. the price, toll, rate, or rental charged by any company subject to supervision under this chapter, when unreasonable or in violation of law;
   5. the sufficiency and maintenance of proper systems, plants, conduits, appliances, wires, and exchanges, and when the public safety and welfare require the location of such wires or any portion thereof underground;
   6. to restrain any company subject to supervision under this chapter from violations of law, unjust discriminations, usurpation, or extortion;
   7. the issue of stock, mortgages, bonds, or other securities as provided in section 108 of this title;
   8. the sale to electric companies of electricity generated by facilities:
      1. that produce electric energy solely by the use of biomass, waste, renewable resources, cogeneration, or any combination thereof; and
      2. that are owned by a person not primarily engaged in the generation or sale of electric power, excluding power derived from facilities described in subdivision (A) of this subdivision (8); and
      3. that have a power production capacity that, together with any other facilities located at the same site, is not greater than 80 megawatts; and
   9. the issuance of qualified cost mitigation charge orders pertaining to facilities described in subdivision (8) of this subsection, subject to the terms and conditions of section 209a of this title.
2. Required rules.  The provisions of section 218 of this title notwithstanding, the Public Utility Commission shall, under 3 V.S.A. §§ 803-804 , adopt rules applicable to companies subject to this chapter that:
   1. regulate or prescribe terms and conditions of extension of utility service to customers or applicants for service including:
      1. the conditions under which a deposit may be required, if any;
      2. the extension of service lines;
      3. the terms of payment of any required deposit; and
      4. the return of any deposit;
   2. regulate or prescribe the grounds upon which the companies may disconnect or refuse to reconnect service to customers; and
   3. regulate and prescribe reasonable procedures used by companies in disconnecting or reconnecting services and billing customers in regard thereto.
3. Uninterrupted service; reasonable terms.  Rules adopted under subsection (b) of this section shall be aimed at protection of the health and safety of utility customers so that uninterrupted utility service may be continued on reasonable terms for the utility and its customers.  Such rules shall also ensure that a reasonable rate of interest, adjusted for variations in market interest rates, be set on security deposits held by utility companies.
4. Energy efficiency.
   1. Programs and measures.  The Department of Public Service, any entity appointed by the Commission under subdivision (2) of this subsection, all gas and electric utility companies, and the Commission upon its own motion are encouraged to propose, develop, solicit, and monitor energy efficiency and conservation programs and measures, including appropriate combined heat and power systems that result in the conservation and efficient use of energy and meet the applicable air quality standards of the Agency of Natural Resources. Such programs and measures, and their implementation, may be approved by the Commission if it determines they will be beneficial to the ratepayers of the companies after such notice and hearings as the Commission may require by order or by rule. The Department of Public Service shall investigate the feasibility of enhancing and expanding the efficiency programs of gas utilities and shall make any appropriate proposals to the Commission.
   2. Appointment of independent efficiency entities.
      1. Electricity and natural gas.  In place of utility-specific programs developed pursuant to this section and section 218c of this title, the Commission shall, after notice and opportunity for hearing, provide for the development, implementation, and monitoring of gas and electric energy efficiency and conservation programs and measures, including programs and measures delivered in multiple service territories, by one or more entities appointed by the Commission for these purposes. The Commission may include appropriate combined heat and power systems that result in the conservation and efficient use of energy and meet the applicable air quality standards of the Agency of Natural Resources. Except with regard to a transmission company, the Commission may specify that the appointment of an energy efficiency utility to deliver services within an electric utility's service territory satisfies that electric utility's corresponding obligations, in whole or in part, under section 218c of this title and under any prior orders of the Commission.
      2. Thermal energy and process-fuel customers.  The Commission shall provide for the coordinated development, implementation, and monitoring of cost-effective efficiency and conservation programs to thermal energy and process-fuel customers on a whole buildings basis by one or more entities appointed by the Commission for this purpose.
         1. In this section, "thermal energy" means the use of fuels to control the temperature of space within buildings and to heat water.
         2. Periodically on a schedule directed by the Commission, the appointed entity or entities shall propose to the Commission a plan to implement this subdivision (d)(2)(B). The proposed plan shall comply with subsections (e)-(g) of this section and shall be subject to the Commission's approval. The Commission shall not conduct the review of the proposed plan as a contested case under 3 V.S.A. chapter 25 but shall provide notice and an opportunity for written and oral comments to the public and affected parties and State agencies.
   3. Energy efficiency charge; regulated fuels.  In addition to its existing authority, the Commission may establish by order or rule a volumetric charge to customers for the support of energy efficiency programs that meet the requirements of section 218c of this title, with due consideration to the State's energy policy under section 202a of this title and to its energy and economic policy interests under section 218e of this title to maintain and enhance the State's economic vitality. The charge shall be known as the energy efficiency charge, shall be shown separately on each customer's bill, and shall be paid to a fund administrator appointed by the Commission and deposited into the Electric Efficiency Fund. When such a charge is shown, notice as to how to obtain information about energy efficiency programs approved under this section shall be provided in a manner directed by the Commission. This notice shall include, at a minimum, a toll-free telephone number, and to the extent feasible shall be on the customer's bill and near the energy efficiency charge.
      1. Balances in the Electric Efficiency Fund shall be ratepayer funds, shall be used to support the activities authorized in this subdivision, and shall be carried forward and remain in the Fund at the end of each fiscal year. These monies shall not be available to meet the general obligations of the State. Interest earned shall remain in the Fund. The Commission will annually provide the General Assembly with a report detailing the revenues collected and the expenditures made for energy efficiency programs under this section. 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 (d).
      2. The charge established by the Commission pursuant to this subdivision (3) shall be in an amount determined by the Commission by rule or order that is consistent with the principles of least-cost integrated planning as defined in section 218c of this title. As circumstances and programs evolve, the amount of the charge shall be reviewed for unrealized energy efficiency potential and shall be adjusted as necessary in order to realize all reasonably available, cost-effective energy efficiency savings. In setting the amount of the charge and its allocation, the Commission shall determine an appropriate balance among the following objectives; provided, however, that particular emphasis shall be accorded to the first four of these objectives: reducing the size of future power purchases; reducing the generation of greenhouse gases; limiting the need to upgrade the State's transmission and distribution infrastructure; minimizing the costs of electricity; reducing Vermont's total energy demand, consumption, and expenditures; providing efficiency and conservation as a part of a comprehensive resource supply strategy; providing the opportunity for all Vermonters to participate in efficiency and conservation programs; and targeting efficiency and conservation efforts to locations, markets, or customers where they may provide the greatest value. The Commission, by rule or order, shall establish a process by which a customer who pays an average annual energy efficiency charge under this subdivision (3) of at least $5,000.00 may apply to the Commission to self-administer energy efficiency through the use of an energy savings account which shall contain a percentage of the customer's energy efficiency charge payments as determined by the Commission. The remaining portion of the charge shall be used for systemwide energy benefits. The Commission in its rules or order shall establish criteria for approval of these applications.
      3. The Commission may authorize the use of funds raised through an energy efficiency charge on electric ratepayers to reduce the use of fossil fuels for space heating by supporting electric technologies that may increase electric consumption, such as air source or geothermal heat pumps if, after investigation, it finds that deployment of the technology:
         1. will be beneficial to electric ratepayers as a whole;
         2. will result in cost-effective energy savings to the end-user and to the State as a whole;
         3. will result in a net reduction in State energy consumption and greenhouse gas emissions on a life-cycle basis and will not have a detrimental impact on the environment through other means such as release of refrigerants or disposal. In making a finding under this subdivision, the Commission shall consider the use of the technology at all times of year and any likely new electricity demand created by such use;
         4. will be part of a comprehensive energy efficiency and conservation program that meets the requirements of subsections (d)-(g) of this section and that makes support for the technology contingent on the energy performance of the building in which the technology is to be installed. The building's energy performance shall achieve or shall be improved to achieve an energy performance level that is approved by the Commission and that is consistent with meeting or exceeding the goals of 10 V.S.A. § 581 (building efficiency);
         5. among the product models of the technology that are suitable for use in Vermont, will employ the product models that are the most efficient available;
         6. will be promoted in conjunction with demand management strategies offered by the customer's distribution utility to address any increase in peak electric consumption that may be caused by the deployment;
         7. will be coordinated between the energy efficiency and distribution utilities, consistent with subdivision (f)(5) of this section; and
         8. will be supported by an appropriate allocation of funds among the funding sources described in this subsection (d) and subsection (e) of this section. In the case of measures used to increase the energy performance of a building in which the technology is to be installed, the Commission shall assume installation of the technology in the building and then determine the allocation according to the proportion of the benefits provided to the regulated fuel and unregulated fuel sectors. In this subdivision (viii), "regulated fuel" and "unregulated fuel" shall have the same meaning as under subsection (e) of this section.
   4. Contract or order of appointment.  Appointment of an entity under subdivision (2) of this subsection may be by contract or by an order of appointment. An appointment, whether by order of appointment or by contract, may only be issued after notice and opportunity for hearing. An order of appointment shall be for a limited duration not to exceed 12 years, although an entity may be reappointed by order or contract. An order of appointment may include any conditions and requirements that the Commission deems appropriate to promote the public good. For good cause, after notice and opportunity for hearing, the Commission may amend or revoke an order of appointment.
   5. Appointed entity; supervision.  Any entity appointed by order of appointment under subdivisions (2) and (4) of this subsection that is not an electric or gas utility already regulated under this title shall not be considered to be a company as defined under section 201 of this title, but shall be subject to the provisions of sections 18-21, 30-32, 205-208, subsection 209(a), sections 219, 221, and subsection 231(b) of this title, to the same extent as a company as defined under section 201 of this title. The Commission and the Department of Public Service shall have jurisdiction under those sections over the entity, its directors, receivers, trustees, lessees, or other persons or companies owning or operating the entity and of all plants, equipment, and property of that entity used in or about the business carried on by it in this State as covered and included in this section. This jurisdiction shall be exercised by the Commission and the Department so far as may be necessary to enable them to perform the duties and exercise the powers conferred upon them by law. The Commission and the Department each may, when they deem the public good requires, examine the plants, equipment, and property of any entity appointed by order of appointment under subdivisions (2) and (4) of this subsection.
5. Thermal energy and process fuel efficiency funding.
   1. Each of the following shall be used to deliver thermal energy and process fuel energy efficiency services in accordance with this section for unregulated fuels to Vermont consumers of such fuels. In addition, the Commission may authorize an entity appointed to deliver such services under subdivision (d)(2)(B) of this section to use monies subject to this subsection for the engineering, design, and construction of facilities for the conversion of thermal energy customers using fossil fuels to district heat if the majority of the district's energy is from biomass sources, the district's distribution system is highly energy efficient, and such conversion is cost effective.
      1. Net revenues above costs associated with payments from the New England Independent System Operator (ISO-NE) for capacity savings resulting from the activities of the energy efficiency utility designated under subdivision (2)(A) of this subsection (e) that are not transferred to the State PACE Reserve Fund under 24 V.S.A. § 3270(c) . These revenues shall be deposited into the Electric Efficiency Fund established by this section. In delivering services with respect to heating systems using the revenues subject to this subdivision (A), the entity shall give priority to incentives for the installation of high efficiency biomass heating systems and shall have a goal of offering an incentive that is equal to 25 percent of the installed cost of such a system. Provision of an incentive under this subdivision (A) for a biomass heating system shall not be contingent on the making of other energy efficiency improvements at the property on which the system will be installed.
      2. Net revenues above costs from the sale of carbon credits under the cap and trade program established under section 255 of this title, which shall be deposited into the Electric Efficiency Fund established by this section.
      3. Any other monies that are appropriated to or deposited in the Electric Efficiency Fund for the delivery of thermal energy and process fuel energy efficiency services.
   2. If a program combines regulated fuel efficiency services with unregulated fuel efficiency services supported by funds under this section, the Commission shall allocate the costs of the program among the funding sources for the regulated and unregulated fuel sectors in proportion to the benefits provided to each sector.
   3. In this subsection:
      1. "Biomass" means organic nonfossil material constituting a source of renewable energy within the meaning of section 8002 of this title.
      2. "District heat" means a system through which steam or hot water from a central plant is piped into buildings to be used as a source of thermal energy.
      3. "Efficiency services" includes the establishment of a statewide information clearinghouse under subsection (g) of this section.
      4. "Fossil fuel" means an energy source formed in the earth's crust from decayed organic material. The common fossil fuels are petroleum, coal, and natural gas. A fossil fuel may be a regulated or unregulated fuel.

         "Regulated fuels" means electricity and natural gas delivered by a regulated utility.

         "Unregulated fuels" means fuels used by thermal energy and process fuel customers other than electricity and natural gas delivered by a regulated utility.

6. Goals and criteria; all energy efficiency programs.  With respect to all energy efficiency programs approved under this section, the Commission shall:
   1. Ensure that all retail consumers, regardless of retail electricity, gas, or heating or process fuel provider, will have an opportunity to participate in and benefit from a comprehensive set of cost-effective energy efficiency programs and initiatives designed to overcome barriers to participation.
   2. Require that continued or improved efficiencies be made in the production, delivery, and use of energy efficiency services, including the use of compensation mechanisms for any energy efficiency entity appointed under subdivision (d)(2) of this section that are based upon verified savings in energy usage and demand, and other performance targets specified by the Commission. The linkage between compensation and verified savings in energy usage and demand (and other performance targets) shall be reviewed and adjusted not less than triennially by the Commission.
   3. Build on the energy efficiency expertise and capabilities that have developed or may develop in the State.
   4. Promote program initiatives and market strategies that address the needs of persons or businesses facing the most significant barriers to participation, including those who do not own their place of residence.
   5. Promote and ensure coordinated program delivery, including coordination with low-income weatherization programs, entities that fund and support affordable housing, regional and local efficiency entities within the State, other efficiency programs, and utility programs.
   6. Consider innovative approaches to delivering energy efficiency, including strategies to encourage third party financing and customer contributions to the cost of efficiency measures.
   7. Provide a reasonably stable multiyear budget and planning cycle in order to promote program improvement, program stability, enhanced access to capital and personnel, improved integration of program designs with the budgets of regulated companies providing energy services, and maturation of programs and delivery resources.
   8. Approve programs, measures, and delivery mechanisms that reasonably reflect current and projected market conditions, technological options, and environmental benefits.
   9. Provide for delivery of these programs as rapidly as possible, taking into consideration the need for these services, and cost-effective delivery mechanisms.
   10. Provide for the independent evaluation of programs delivered under subsection (d) of this section.
   11. Require that any entity appointed by the Commission under subsection (d) of this section deliver Commission-approved programs in an effective, efficient, timely, and competent manner and meet standards that are consistent with those in section 218c of this title, the Board's orders in Public Service Board docket 5270, and any relevant Board orders in subsequent energy efficiency proceedings.
   12. Require verification, on or before January 1, 2003, and every three years thereafter, by an independent auditor of the reported energy and capacity savings and cost-effectiveness of programs delivered by any entity appointed by the Commission to deliver energy efficiency programs under subdivision (d)(2) of this section.
   13. Ensure that any energy efficiency program approved by the Commission shall be reasonable and cost-effective.
   14. Consider the impact on retail electric rates and bills of programs delivered under subsection (d) of this section and the impact on fuel prices and bills.
   15. Ensure that the energy efficiency programs implemented under this section are designed to make continuous and proportional progress toward attaining the overall State building efficiency goals established by 10 V.S.A. § 581 , by promoting all forms of energy end-use efficiency and comprehensive sustainable building design.
7. Thermal energy and process fuel efficiency programs; additional criteria.  With respect to energy efficiency programs delivered under this section to thermal energy and process fuel customers, the Commission shall:
   1. Ensure that programs are delivered on a whole-buildings basis to help meet the State's building efficiency goals established by 10 V.S.A. § 581 and to reduce greenhouse gas emissions from thermal energy and process fuel use in Vermont.
   2. Require the establishment of a statewide information clearinghouse to enable effective access for customers to and effective coordination across programs. The clearinghouse shall serve as a portal for customers to access thermal energy and process fuel efficiency services and for coordination among State, regional, and local entities involved in the planning or delivery of such services, making referrals as appropriate to service providers and to entities having information on associated environmental issues such as the presence of asbestos in existing insulation.
   3. In consultation with the Agency of Natural Resources, establish annual interim goals starting in 2014 to meet the 2017 and 2020 goals for improving the energy fitness of housing stock stated in 10 V.S.A. § 581 (1) .
   4. Ensure the monitoring of the State's progress in meeting the goals of 10 V.S.A. § 581(1) . This monitoring shall be performed according to a standard methodology and on a periodic basis that is not less than annual.
8. Electricity labeling.  The Public Utility Commission may prescribe, by rule or order, standards for the labeling of electricity delivered or intended for delivery to ultimate consumers as to price, terms, sources, and objective environmental impacts, along with such procedures as it deems necessary for verification of information contained in such labels. The Public Utility Commission may prescribe, by rule or by order, standards and criteria for the substantiation of such labeling or of any claims regarding the price, terms, sources, and environmental impacts of electricity delivered or intended for delivery to ultimate consumers in Vermont, along with enforcement procedures and penalties. When establishing standards for the labeling of electricity, the Commission shall weigh the cost, as well as the benefits, of compliance with such standards. With respect to companies distributing electricity to ultimate consumers, the Commission may order disclosure and publication, not to occur more than once each year, of any labeling required pursuant to the standards established by this subsection. Standards established under this subsection may include provisions for:
   1. the form of labels;
   2. information on retail and wholesale price;
   3. terms and conditions of service;
   4. types of generation resources in a seller's mix and percentage of power produced from each source;
   5. disclosure of the environmental effects of each energy source; and
   6. a description of other services, including energy services or energy efficiency opportunities.
9. 1. Pole attachments; broadband.  For the purposes of Commission rules on attachments to poles owned by companies subject to regulation under this title, broadband service providers shall be considered "attaching entities" with equivalent rights to attach facilities as those provided to "attaching entities" in the rules, regardless of whether such broadband providers offer a service subject to the jurisdiction of the Commission. The Commission shall adopt rules in accordance with 3 V.S.A. chapter 25 to further implement this section. The rules shall be aimed at furthering the State's interest in ubiquitous deployment of mobile telecommunications and broadband services within the State. (i) (1)  Pole attachments; broadband.  For the purposes of Commission rules on attachments to poles owned by companies subject to regulation under this title, broadband service providers shall be considered "attaching entities" with equivalent rights to attach facilities as those provided to "attaching entities" in the rules, regardless of whether such broadband providers offer a service subject to the jurisdiction of the Commission. The Commission shall adopt rules in accordance with 3 V.S.A. chapter 25 to further implement this section. The rules shall be aimed at furthering the State's interest in ubiquitous deployment of mobile telecommunications and broadband services within the State.
   2. The rules adopted pursuant to this subsection shall specify that:
      1. The applicable make-ready completion period shall not be extended solely because a utility pole is jointly owned.
      2. At the time of an initial pole make-ready survey application, when a pole is jointly owned, the joint owners shall inform the applicant which owner is responsible for all subsequent stages and timely completion of the make-ready process.
      3. If the make-ready work is not completed within the applicable make-ready completion period, the pole owner, within 30 days of the expiration of the make-ready completion period, shall refund the portion of the payment received for make-ready work that is not yet completed, and the attaching entity may hire a qualified contractor to complete the make-ready work. All pole owners and attaching entities shall submit to the Commission a list of contractors whom they allow to perform make-ready surveys, make-ready installation or maintenance, or other specified tasks upon their equipment. The Commission shall provide the appropriate list to an attaching entity, upon request.
10. Self-managed energy efficiency programs.
    1. There shall be a class of self-managed energy efficiency programs for transmission and industrial electric ratepayers only.
    2. The Commission, by order, shall enact this class of programs.
    3. Entities approved to participate in the self-managed energy efficiency program class shall be exempt from all statewide charges under subdivision (d)(3) of this section that support energy efficiency programs performed by or on behalf of Vermont electric utilities. If an electric ratepayer approved to participate in this program class also is a customer of a natural gas utility, the ratepayer shall be exempt from all charges under subdivision (d)(3) of this section or contained within the rates charged by the natural gas utility to the ratepayer that support energy efficiency programs performed by or on behalf of that utility, provided that the ratepayer complies with this subsection.
    4. All of the following shall apply to a class of programs under this subsection:
       1. A member of the transmission or industrial electric rate class shall be eligible to apply to participate in the self-managed energy efficiency program class if the charges to the applicant, or to its predecessor in interest at the served property, under subdivision (d)(3) of this section were a minimum of:
          1. $1.5 million during calendar year 2008; or
          2. $1.5 million during calendar year 2017.
       2. A cost-based fee to be determined by the Commission shall be charged to the applicant to cover the administrative costs, including savings verification, incurred by the Commission and Department. The Commission shall determine procedures for savings verification. Such procedures shall be consistent with savings verification procedures established for entities appointed under subdivision (d)(2) of this section and, when determined to be cost-effective under subdivision (L) of this subdivision (4), with the requirements of ISO-New England for the forward capacity market (FCM) program.
       3. An applicant shall demonstrate to the Commission that it has a comprehensive energy management program with annual objectives. Achievement of certification of ISO standard 14001 shall be eligible to satisfy the requirements of having a comprehensive program.
       4. An applicant eligible pursuant to subdivision (A)(i) of this subdivision (j)(4) shall commit to an annual average investment in energy efficiency and energy productivity programs and measures during each three-year period that the applicant participates in the program of not less than $1 million. An applicant eligible pursuant to subdivision (A)(ii) of this subdivision (j)(4) shall commit to an annual average investment in energy efficiency and energy productivity programs and measures during each three-year period that the applicant participates in the program of not less than $500,000.00. To achieve the exemption from energy efficiency charges related to natural gas under subdivision (3) of this subsection (j), an applicant shall make an additional annual energy efficiency investment in an amount not less than $55,000.00. As used in this subsection (j), "energy productivity programs and measures" means investments that reduce the amount of energy required to produce a unit of product below baseline energy use. Baseline energy use shall be calculated as the average amount of energy required to make one unit of the same product in the two years preceding implementation of the program or measure.
       5. Participation in the self-managed program includes efficiency and productivity programs and measures applicable to electric and other forms of energy. A participant may balance investments in such programs and measures across all types of energy or fuels without limitations.
       6. A participant shall provide to the Commission and Department annually an accounting of investments in energy efficiency and energy productivity programs and measures and the resultant energy savings in the form prescribed by the Commission, which may conduct reasonable audits to ensure the accuracy of the data provided.
       7. The Commission shall report to the General Assembly annually on or before April 30 concerning the prior calendar year's class of self-managed energy efficiency programs. The report shall include identification of participants, their annual investments and resulting savings, and any actions taken to exclude entities from the program.
       8. Upon approval of an application by the Commission, the applicant shall be able to participate in the class of self-managed energy efficiency programs.
       9. On a determination that, for a given three-year period, a participant in the self-managed efficiency program class did not meet or has not met the commitment required by subdivision (D) of this subdivision (j)(4), the Commission shall terminate the participant's eligibility for the self-managed program class.
          1. Payments under subdivision (i) of this subdivision (4)(I) shall be made to the entities to which the full amount of charges and rates would have been paid absent exemption under subdivision (3) of this subsection (j).
          2. On such termination, the former participant will be subject fully to the then existing charges applicable to its rate class without exemption under subdivision (3) of this subsection (j), and within 90 days after such termination shall pay:
             1. the difference between the investment it made pursuant to the self-managed energy efficiency program during the three-year period of noncompliance and the full amount of the charges and rates related to energy efficiency it would have incurred during that period absent exemption under subdivision (3) of this subsection (j); and
             2. the difference between the investment it made pursuant to the program within the current three-year period, if different from the period of noncompliance, and the full amount of the charges and rates related to energy efficiency it would have incurred during the current period absent exemption under subdivision (3) of this subsection (j).
          3. A former participant may not reapply for membership in the self-managed program after termination under this subdivision (4)(I).
       10. A participant in the self-managed program class may request confidentiality of data it reports to the Commission if the data would qualify for exemption from disclosure under 1 V.S.A. § 317 . If such confidentiality is requested, the Commission shall disclose the data only in accordance with a protective agreement approved by the Commission and signed by the recipient of the data, unless a court orders otherwise.
       11. Any data not subject to a confidentiality request under subdivision (J) of this subdivision (4) will be a public record.
       12. A participant in the self-managed program class shall work with the Department of Public Service to determine whether it is cost-effective to submit projects to ISO-New England for payments under the FCM program.
           1. As used in this subdivision (L), "cost-effective" requires that the estimated payments from the FCM program exceed the incremental cost of savings verification necessary for submission to that program.
           2. If the Department determines the submission to be cost-effective, then an entity appointed to deliver electric energy efficiency services under subdivision (d)(2) of this section shall submit the project to the FCM program for payment and any resulting payments shall be remitted to the Electric Efficiency Fund for use in accordance with subdivision (e)(1)(A) of this section.
       13. A participant in the self-managed program class may receive funding from an energy program administered by a government or other entity that is not the participant and may count such funds received as part of the annual commitment to its self-managed energy efficiency program.
       14. If, at the end of every third year after an applicant's approval to participate in the self-managed efficiency program (the three-year period), the applicant has not met the commitment required by subdivision (4)(D) of this subsection, the applicant shall pay the difference between the investment the applicant made while in the self-managed energy efficiency program and the full amount of charges and rates that the applicant would have incurred absent the exemption under subdivision (3) of this subsection. This payment shall be made no later than 90 days after the end of the three-year period to the entities to which the full amount of those charges and rates would have been paid absent the exemption.
    5. This subdivision applies to a transferee of all or substantially all of the assets at the served property of an entity approved to participate in the self-managed energy efficiency program. The Commission shall allow the transferee to continue as a participant in the self-managed energy efficiency program class in the same manner and under the same terms and conditions that the transferor participant was authorized to participate, provided:
       1. the transferor participant met the requirements of subdivision (4)(A) of this subsection (j) and the transferee otherwise meets the requirements of this subsection; and
       2. the transferee assumes the obligation to fulfill any outstanding commitment of the transferor participant under subdivision (4)(D) of this subsection.

          Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 183 , § 5; 1975, No. 56 , § 1; 1979, No. 147 (Adj. Sess.), § 2; 1981, No. 245 (Adj. Sess.), § 2; 1989, No. 112 , § 6, eff. June 22, 1989; 1995, No. 182 (Adj. Sess.), § 27a, eff. May 22, 1996; 1999, No. 60 , § 1, eff. June 1, 1999; 1999, No. 143 (Adj. Sess.), § 28; 2001, No. 145 (Adj. Sess.), §§ 1, 2; 2005, No. 61 , § 6; 2005, No. 208 (Adj. Sess.), § 10; 2007, No. 79 , § 6, eff. June 9, 2007; 2007, No. 92 (Adj. Sess.), § 12; 2007, No. 190 (Adj. Sess.), §§ 52, 53, eff. June 6, 2008; 2009, No. 45 , §§ 14, 14a, eff. May 27, 2009; 2009, No. 54 , § 104, eff. June 1, 2009; 2009, No. 1 (Sp. Sess.), § E.235.1, eff. June 2, 2009; 2011, No. 47 , §§ 3, 20b, eff. May 25, 2011; 2011, No. 170 (Adj. Sess.), § 16; 2013, No. 89 , §§ 2, 3; 2013, No. 142 (Adj. Sess.), § 49; 2013, No. 184 (Adj. Sess.), § 1; 2015, No. 56 , §§ 15, 15a; 2017, No. 77 , § 6; 2017, No. 102 (Adj. Sess.), § 1; 2017, No. 150 (Adj. Sess.), § 1; 2019, No. 31 , § 14; 2019, No. 79 , § 20, eff. June 20, 2019.

§ 209a. Qualified cost mitigation charge orders.

1. Definitions.  As used in this section:
   1. "Electric utility" means any entity engaged in the distribution of electricity directly to the consumers within the State of Vermont.
   2. "Issuer" means any entity approved in a qualified cost mitigation charge order to issue mitigation bonds; "issuer" may include the Vermont qualifying facility contract mitigation authority or the Vermont Public Power Supply Authority.
   3. "Mitigation bond" means a note, bond, debenture, or any other evidence of indebtedness or certificate evidencing an interest in any evidence of indebtedness authorized by a qualified cost mitigation charge order.
   4. "Mitigation charge" means any volumetric charge imposed by the Commission pursuant to a qualified cost mitigation charge order.
   5. "Participating qualifying facility" means any facility described in subdivision 209(a)(8) of this title.
   6. "Power purchase arrangement" means a contract for sale of electricity between a participating qualifying facility with a capacity of 900 kilowatts or greater and a Rule 4.100 purchasing agent, approved by the Public Service Board on or before January 1, 1995.
   7. "Qualified cost mitigation charge order" means an order of the Commission that complies with the requirements of this section.
   8. "Rule 4.100" means Public Utility Commission Rule 4.100 or any amended or successor rule regarding small power production or cogeneration.
   9. "Rule 4.100 purchasing agent" means an entity designated by the Commission to perform the power and financial accounting requirements of Rule 4.100.
   10. "Savings" means the total benefit to electric ratepayers resulting from a qualified cost mitigation charge order, including specifically those benefits resulting from modifications of purchase power arrangements and benefits attributable to the availability of a qualified cost mitigation charge order to pay for those modifications, offset by the costs incurred to obtain the qualified cost mitigation charge order and purchase power arrangement modifications.
2. General.  Upon an application submitted by the Rule 4.100 purchasing agent or other person or entity, and subject to the terms and conditions of this section, the Commission may issue within five years following the effective date of this section one or more qualified cost mitigation charge orders. A qualified cost mitigation charge order shall impose mitigation charges payable to the issuer of mitigation bonds in order to finance the costs associated with mitigating one or more power purchase arrangements.
3. Qualified cost mitigation charge order provisions.  A qualified cost mitigation order shall contain, at a minimum, all of the following:
   1. a finding that a qualified cost mitigation charge order will promote the general good within the State of Vermont;
   2. a uniform mitigation charge imposed for the benefit of the issuer on the consumption of all electricity within the State of Vermont to the extent such electricity is conveyed to consumers by electric utilities, and a requirement that such charge be reflected on ratepayer bills in a manner which clearly reflects both the amount of the charge and the reduction in power costs resulting from the charge;
   3. a specific mechanism for automatic adjustment of the mitigation charge, at least annually, in accordance with electricity consumption forecasts prepared by the Rule 4.100 purchasing agent or other entity approved by the Commission, so that the mitigation charge is imposed at all levels designed to provide revenues sufficient to make timely payments of accrued interest and scheduled principal on all mitigation bonds, as well as ongoing administrative expenses, credit enhancement fees, and scheduled overcollateralization amounts with respect to such mitigation bonds. This automatic adjustment may implement a system in which the mitigation charge is initially paid in full by the electric utilities, and uncollectable amounts plus reasonable carrying costs are reimbursed to the utilities as part of the adjustment;
   4. the covenant and pledge of the State of Vermont set forth in subsection (h) of this section.
4. Approval by the Commission.  The Commission may approve within five years following the effective date of this section a qualified cost mitigation charge order for buydowns or other appropriate modifications, except buyouts, of power purchase arrangements upon finding that such an order will promote the general good within the State of Vermont. To determine that such an order will promote the general good, the Commission shall find that:
   1. significant, quantifiable savings are substantially likely to result from the buydowns and other appropriate modification of purchase power arrangements and the amount of such savings;
   2. such savings will be passed on to electric ratepayers pursuant to subsection (m) of this section;
   3. facilities whose power purchase arrangements are the subject of the buydowns or other appropriate modifications will be reasonably assured to continue to operate for the life of their power purchase arrangements.
5. Additional factors.  The Commission shall also give consideration to the following factors:
   1. the feasibility of any prospective alternative methods of achieving ratepayer savings;
   2. any impact of the transaction on existing or prospective opportunities for electric consumers to exercise retail choice;
   3. the impact of the transaction on renewable energy resources;
   4. the specific regulatory and accounting treatment that will be required of the purchasing agent, the issuer, the participating qualifying facilities, and the participating electric utilities; and
   5. such other related factors as the Commission deems appropriate.
6. Collections and remittances.  Mitigation charges and the right to receive mitigation charges shall be property of the issuer. The right to receive mitigation charges shall constitute a present interest in property. If requested by the issuer or any successor that is entitled to receive mitigation charges, mitigation charges shall be collected by each participating electric utility for the benefit of the issuer or the issuer's transferee. Mitigation charges collected by an electric utility shall be remitted by such electric utility to the issuer or its designee within one month after receipt thereof by such electric utility, or such shorter period as shall be designated by the Commission. Upon 30 days' written notice to an electric utility, the issuer or any successor entitled to receive mitigation charges at any time and for any reason may direct that the electric utility shall cease to collect mitigation charges. Any electric utility in possession of mitigation charges shall have no right, title, or interest in such collections, but rather shall hold such collections in trust for the benefit of the issuer.
7. Nonbypassable.  Mitigation charges shall be separately stated on consumers' retail electric bills, and shall be payable regardless of any change in structure or identity of the electric utility, and regardless of any change in ownership or operation of any electric generation, transmission, or distribution facilities. If a consumer pays only part of its electric bill for any period, a pro rata portion of the payment may be applied to payment of the mitigation charge for the period.
8. State pledge.  The State of Vermont covenants and pledges for the benefit of the issuer, any assignee of the issuer, and the owners of mitigation bonds that neither the mitigation charge nor the automatic adjustment mechanism set forth in subsection (e) of this section shall be altered, revoked, amended, postponed, impaired, limited, or terminated by the State of Vermont, by the Commission, or by any other agency or instrumentality of the State, absent adequate provision for the protection of the issuer, any designee of the issuer, and the owners of the mitigation bonds. The Commission, as agent of the State of Vermont, is authorized and directed to deliver written confirmation of this covenant and pledge in connection with the issuance of all mitigation bonds.
9. Bankruptcy.  A qualified cost mitigation charge order shall remain in full force and effect, notwithstanding any bankruptcy, reorganization, or other insolvency proceeding with respect to:
   1. any electric utility or successor or assign of any electric utility; or
   2. the Rule 4.100 purchasing agent or any successor or assign of the Rule 4.100 purchasing agent.
10. Assignment of mitigation charge revenues.  The issuer may grant a security interest in, or otherwise assign mitigation charges and the right to receive mitigation charges in connection with, the issuance of mitigation bonds. Such grant or assignment shall be valid and enforceable without delivery or filing.
11. Hearing procedure.  A qualified cost mitigation charge order shall be issued only upon hearing, following due notice to all electric utilities, the owners of all participating qualifying facilities, the Department, and the Rule 4.100 purchasing agent. A qualified cost mitigation charge order issued under this section shall involve all of the State's electric utilities, absent a showing of good cause by any such utility as to why the requirements and customer benefits resulting from a qualified cost mitigation charge order should not be applicable to it.
12. Pass-through of savings.  A qualified cost mitigation charge order shall contain measures to ensure that savings resulting from that order are passed through to the benefit of electric ratepayers. Such measures may include reduction in utility regulatory assets or creation of regulatory liabilities, adjustments to depreciation or amortization schedules, or the filing of revised tariffs reflecting such savings, which tariffs may be ordered by the Commission without regard to the remaining provisions of this title.
13. In establishing the appraisal value for the assessment of property taxes on the facilities whose power purchase arrangements are the subject of the buydowns or other appropriate modifications, the municipality may include the amount of any cost mitigation payments made under the authority of this section. For municipalities using an income-based valuation method, the value of any lump sum mitigation payment shall be amortized or prorated over the period of the cost mitigation contract.
14. Report to Legislature.  Upon approval of a cost mitigation order, the Commission shall submit a report to the Legislature containing the order and detailed information on the findings of the Commission, including the risks, savings, and costs likely to result from the buydowns and other appropriate modifications of purchase power arrangements contained in the order.

    Added 2001, No. 145 (Adj. Sess.), § 3.

§§ 209b. [Reserved for future use.].

1. The Public Utility Commission shall design a proposed electricity affordability program in the form of draft legislation. The program shall be developed with the aid of an electricity affordability program collaborative. The collaborative, composed of representatives from the electric utilities, residential customers, consumer representatives, low-income program representatives, representatives from programs for elders, the Department of Public Service, the Agency of Human Services, and other stakeholders identified by the Commission, shall aid in the development of an electricity affordability program, as well as requirements for the implementation and funding of the program. The proposed electricity affordability program will be presented to the Vermont General Assembly in the form of draft legislation for consideration in January 2007.
2. The proposed electricity affordability program shall provide assistance in the payment of electricity bills for eligible low-income residential customers served by electric companies subject to the jurisdiction of the Commission.
3. In developing the electricity affordability program, the Commission shall review the successes and administrative burdens of similar programs in operation in other states and consider the following goals, which shall be afforded equal weight in formulating the program:
   1. the need to provide payment assistance to low-income customers at and below 150 percent of the federal poverty level;
   2. the need for automatic screening and enrollment methods of eligible customers by means of information obtained from existing means-tested financial assistance programs administered by other Vermont agencies such as food stamps, Medicaid, LIHEAP, or TANF; and
   3. the need to design a program that is funded by all customer classes in an equitable and reasonable manner and that results in the reimbursement of net incremental costs incurred by electric utilities to implement the program, taking into consideration the benefits as well as the costs.

      Added 2005, No. 208 (Adj. Sess.), § 10a; amended 2013, No. 96 (Adj. Sess.), § 191.

§ 210. Electric companies; interconnection facilities.

1. The Public Utility Commission shall have jurisdiction to order electric companies subject to its supervision to build or rebuild electric transmission lines in order to provide adequate interconnection between the transmission systems of the State. The Commission shall have power to exercise the jurisdiction herein conferred only after due notice to all interested parties and opportunity for hearing and after making findings based upon adequate evidence that the ordered construction:
   1. is necessary in the interests of consumers of electrical energy;
   2. is not detrimental to the interests of the investors of the company ordered to build or rebuild;
   3. will serve the public good.
2. The Commission may allocate the cost of building or rebuilding between the companies whose facilities are to be interconnected, providing that the findings herein referred to are made as to each company affected by such allocation.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1999, No. 157 (Adj. Sess.), § 3.

§ 211. Electric energy from inside or outside State.

1. The Department of Public Service is hereby designated as the agent of the State of Vermont with full powers to act for and represent the State in any negotiations, arrangements, or proceedings for the procurement of electric energy from any source outside the State of Vermont or electric energy generated in the State by a producer, cooperative, municipal, or privately owned, which is subject to the supervision of the Department under this chapter with the right, with the approval of the Commission and the Governor, to contract for the purchase of such power and the resale on a nonprofit basis of such power to the electric distribution or transmission companies, cooperative, municipal, and privately owned, without preference or discrimination, for distribution within the State; provided, however, that purchases from sources inside the State of Vermont may be contracted for by the Department of Public Service as agent for the State only upon request of the seller and a determination by the Department that the purchase of such power and its resale on a nonprofit basis to electric distribution or transmission companies, cooperative, municipal, and privately owned, is in furtherance of the needs of the State of Vermont.  If the term of any proposed purchase exceeds five years, it shall be subject to the approval of the Commission under section 248 of this title.  In addition the Department of Public Service may, with the approval of the Commission and the Governor, contract for the resale of the power outside the State of Vermont, if resale outside the State is reasonably incidental to and in furtherance of the needs of the State of Vermont.  Revenues realized by the Department from such resale outside the State shall be used to defray the costs of such resale, and any revenues in excess of such costs, including interest earned on excess revenues, shall be applied first to reduce the Department's retail rates under section 212a of this title, and thereafter any remaining excess shall be applied to reduce the Department's wholesale rates to Vermont utilities.  The Department of Public Service, with the approval of the Commission, is authorized and empowered to enter into contracts for the transmission of such energy from the place of purchase to the point or points of resale.  The Department shall take all reasonable steps to ensure that the contracts it enters into for the transmission, purchase, and wholesale or retail sale of electricity shall be in writing. The Department of Public Service is authorized and empowered to employ additional engineering and legal personnel to assist in the procurement of such energy.
2. [Repealed.]
3. An enterprise fund is established in the Department of Public Service to consist of revenues from the resale of power and to support the activities authorized in this section and sections 212 and 212a of this title. Balances shall remain in the fund at the end of each fiscal year, and the fund shall be appropriated and expended in accordance with 32 V.S.A. § 462(b) . These monies shall not be available to meet the general obligations of the State.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1967, No. 196 ; 1979, No. 204 (Adj. Sess.), § 25, eff. Feb. 1, 1981; 1987, No. 65 , § 2, eff. May 28, 1987; 1987, No. 281 (Adj. Sess.), § 308, eff. June 21, 1988; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2011, No. 162 (Adj. Sess.), § E.233.

§ 212. Niagara power project.

The Department of Public Service, in addition to the powers conferred upon it by section 211 of this title and notwithstanding any limitations on such authority imposed thereby or by any other law of this State, is hereby designated as the agent of the State of Vermont with full power to act for and represent the State in any negotiations, arrangements, or proceedings for the procurement of electrical energy from the Niagara power project authorized by Congress in Public Law 85-159 (16 U.S.C.A. § 836) and for which a license was issued to the power authority of the State of New York by the Federal Power Commission as Project 2216, with the right, with the approval of the Commission, to contract for the purchase of such power and resale thereof in accordance with the terms of said federal legislation with federal license.

1959, No. 326 (Adj. Sess.), eff. Jan. 29, 1960; amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 26, eff. Feb. 1, 1981.

§ 212a. Retail sales by Department; statutory authorization.

1. The Department of Public Service, in addition to the powers conferred upon it by sections 211 and 212 of this title and notwithstanding any limitations on that authority imposed by those sections or by any other law of this State, is authorized to purchase from any source and to distribute and sell at retail without unjust discrimination, electrical energy directly to all consumers of electricity in Vermont, under the provisions of this section and sections 212b-212f of this title.
2. The Department may continue to purchase, sell, and distribute electric capacity and energy at retail pursuant to contracts or arrangements that existed under the terms of this section prior to changes effected by 1987, No. 65 .  Any purchase, sale, and distribution of electricity by the Department to replace or exceed amounts sold at retail by the Department on May 28, 1987 shall be subject to the provisions of this section and sections 212b-212f as added or amended by 1987, No. 65 .

   Added 1985, No. 20 , eff. April 23, 1985; amended 1987, No. 65, § 3, eff. May 28, 1987.

§ 212b. Review Board on Retail Sales.

1. There is established a board to represent the interests of the State and its residents with respect to retail sales.  The Board shall consist of the Governor, the Speaker of the House, the House Majority Leader, the House Minority Leader, one other member of the House from the party other than that of the Speaker appointed by the Speaker, the President Pro Tempore of the Senate, the Senate Majority Leader, the Senate Minority Leader, and one other Senator from the party other than that of the President Pro Tempore appointed by the Committee on Committees.  The Review Board shall seek to obtain information from interested parties, including, if appropriate, a representative of each of the following: consumer-owned utilities, investor-owned utilities, electric consumers of the State, and environmental interest groups.
2. The Governor shall serve as Chair.  The Board shall meet as necessary to discharge its duties under this section, and for attendance at meetings during adjournment of the General Assembly, legislative members of the Board shall be entitled to reimbursement for expenses and per diem compensation under 2 V.S.A. § 406(a) .  Meetings shall be at the call of the Chair, or a majority of the voting members of the Board.
3. Prior to any filing with the Public Utility Commission under section 212c of this title, the Department shall submit any proposal for retail sales of electric energy or capacity to the Review Board on Retail Sales for its review and approval. The Review Board shall approve a proposal for filing with the Public Utility Commission only if it is satisfied that the potential benefits of the retail sale to the ratepayers of the State outweigh any potential risks to the State's residents, that the sale does not expose the State to unreasonable financial liability, that the sale does not adversely affect the retail electrical energy distribution system as a whole, and that the sale will promote effective competition.  The Board shall conduct its review under such rules and procedures as it deems appropriate.  The Department may proceed to file the proposal for retail sales with the Public Utility Commission upon approval by the Review Board and failure of the Board to act within 60 days of submission of the proposal shall be deemed to be approval.

   Added 1987, No. 65 , § 4, eff. May 28, 1987.

§ 212c. Retail sale by the Department; Commission approval.

1. The Department shall not enter into a contract or arrangement for retail sales unless approved by the Public Utility Commission under this section. Before the Public Utility Commission approves any retail sale of energy or capacity under this section, it shall conclude that the sale will promote the public good of the State by finding that:
   1. the proposed sale, where appropriate, is reasonably required to meet actual or projected growth in statewide demand, to replace amounts of electricity or capacity sold at retail by the Department on May 28, 1987, or to provide capacity or energy needs arising from a bankruptcy filing by any Vermont electric utility;
   2. the Department's retail rates are just and reasonable, the sale will not result in unjust discrimination in rates, and the sale will result in economic benefits for the State and its residents;
   3. the sale will not adversely affect system stability and reliability, and the sale will be in compliance with the Electric Energy Plan adopted under section 202 of this title, or that there exists good cause to permit the proposed sale; and
   4. the sale is in the best interests of the ratepayers, and that the current and future benefits of the sale outweigh the current and future costs to the State's residents.
2. The Commission shall make its final determination under this subsection within six months after a filing by the Department.  The Department's rate filings and any adjustments or exceptions thereto shall be consistent with the procedures set forth in sections 225, 226, 227, 228, and 229 of this title, where applicable.

   Added 1987, No. 65 , § 4, eff. May 28, 1987.

§ 212d. Access; negotiations; Commission order.

1. Upon a finding by the Commission that the retail sale will promote the general good of the State under section 212c of this title, Vermont electric utility companies shall enter into negotiations for contracts with the Department that are necessary for sale and distribution, including lease of facilities, provision of services to the Department to distribute electric energy, and the assurance of adequate reliability.  The rates, charges, terms, or other conditions of such contracts shall be established by negotiations or pursuant to subsection (b) of this section. No electric utility company with which the Department shares a service territory may unreasonably deny replacement power needed by the Department to assure adequate reliability of service.
2. If, pursuant to subsection (a) of this section, the Department and a company are unable to negotiate the rates, charges, terms, or other conditions of such contracts including the assurance of adequate reliability, either may petition the Public Utility Commission to establish the rates, terms, charges, or conditions thereunder, or resolve any other related matter, as the Commission determines to be just and reasonable. The Commission shall establish rates or charges under this section to compensate or reimburse such company for all costs reasonably and necessarily incurred by it to provide such arrangements. The Commission shall offer an opportunity for commencing a hearing within 45 days of filing of the petition and shall make either a final decision or, if unable to do so, an interim decision within three months of filing of the petition. If, within three months of filing, the Commission is unable to reach a final decision on the petition, the Commission shall direct the company to provide to the Department the necessary arrangements, including if necessary or appropriate, backup reliability, and access to facilities to allow the Department to distribute the electric energy involved in its proposal on an interim basis under such interim terms and conditions as the Commission finds to be reasonable pending a final Commission decision on the petition. The Commission shall render a final decision on the petition within six months from the date it is filed.

   Added 1987, No. 65 , § 4, eff. May 28, 1987; amended 1999, No. 157 (Adj. Sess.), § 4.

§ 212e. Representation of public; production of records.

1. The Commission shall request the appearance of the Attorney General or shall appoint a member of the Vermont bar to represent the interests of the public or the State in any hearings before the Commission under section 212a, 212c, or 212d of this title regarding either:
   1. the sale of electrical energy by the Department of Public Service; or
   2. any other matter in which, upon petition of a company directly affected, the Commission finds that there is a conflict or a likelihood of a conflict between the Department's role as seller or distributor of electrical energy under this section and the Department's responsibility to represent the interests of the public or the State in that matter. The Department shall upon request provide sufficient funds to the Attorney General or person so appointed to engage necessary engineering or other technical advice.
2. Any request by the Department of Public Service, or subpoena issued by the Department of Public Service for the production and examination of books, records, and witnesses, or to furnish information under this title, may, upon motion to the Commission by the company affected, be quashed upon a finding by the Commission that the request or subpoena would result in the production of a trade secret or other confidential research, development, or commercial information of the company which would materially disadvantage the company as a competitor to the Department in the sale or distribution of electrical energy.

   Added 1987, No. 65 , § 4, eff. May 28, 1987.

Cross References

Cross references. Enforcement of subpoenas issued by administrative agencies generally, see 3 V.S.A. § 809a.

Modification of subpoenas or discovery orders issued by administrative agencies, see 3 V.S.A. § 809b.

§ 212f. Identification of Department sales on bills.

1. Each electric company, municipal, cooperative, or private, shall print on all bill statements to customers at least the following information:
   1. the number of kilowatt hours of electricity available to the customer from the Department of Public Service per billing cycle;
   2. the number of kilowatt hours of Department electricity sold to the customer during the billing cycle; and
   3. the price to the customer of the Department's electricity per kilowatt hour.
2. With respect to the information itemized in subsection (a) of this section, the companies are required to identify clearly the Department of Public Service as the retail source of the electricity.

   Added 1987, No. 65 , § 5.

§ 213. Interchange of electric facilities; power shortage.

The Public Utility Commission, in the interest of public necessity, is hereby empowered to order, in writing, a company engaged in the manufacture, transmission, distribution, or sale of electricity directly to the public or to be used ultimately by the public for lighting, heating, or power, to transport electric energy over its transmission or distribution facilities at a reasonable service charge and in such manner as the Commission shall direct when such transmission will alleviate an electric power shortage within this State.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 180 , § 1; 1967, No. 185 , § 1, eff. April 17, 1967.

§ 214. Application for interconnection; joint use of facilities; and resolution of transmission disputes.

1. The Public Utility Commission, upon application of any electric company, municipal, cooperative, or privately owned, engaged or authorized to engage in the manufacture, transmission, distribution, or sale of electric energy, may by order direct an electric company, municipal, cooperative, or privately owned, engaged in the manufacture, transmission, distribution, or sale of electric energy, to establish physical connection of its transmission or distribution facilities with the facilities of one or more other such electric company or companies, to sell energy to, to exchange energy with, to transmit or distribute energy for any other such electric company or companies.  In addition, the Commission, upon application of the Department of Public Service, may by order direct an electric company engaged in the transmission of electric energy to transmit energy for the Department.  For the purposes of this section, a company "authorized to engage" means a municipal company authorized under chapter 79 of this title, a cooperative authorized under chapter 81 of this title, or a privately owned company authorized by its articles of association, charter, or bylaws.  However, the Commission shall have no authority to compel any electric company to sell or exchange, transmit, or distribute energy when to do so would impair its ability to render adequate service to its customers.  The Commission's order may only be issued after due notice to all interested parties and findings based upon adequate evidence that the Commission's action will be consistent with the general good of the State and that it is not detrimental to the interest of investors or consumers.  The Commission may prescribe the terms and conditions of the arrangement to be made between the electric companies, including the Department of Public Service, affected by the order, including the compensation or reimbursement reasonably due to any of them, and in the case of a new physical connection the apportionment of costs between or among them, provided that a company making application for a connection which will inure to its sole benefit shall assume the entire cost of the connection.
2. The Commission shall have authority to arbitrate disputes between or among users or prospective users of transmission facilities located within the State, where such disputes arise under any agreement or under any State or federal tariff relating to the provision of or entitlements to transmission services and providing for arbitration by the Commission.  In conducting such arbitration, the Commission shall apply the terms and conditions set forth in the agreement or tariff; provided that where a user or prospective user proposes a change in the provision of entitlements to transmission services, it shall bear the burden of proving that the proposed change, including any reduction in or adverse effect upon the transmission services of or entitlements held by any other user, promotes the general good of the State.
3. In any arbitration proceeding conducted pursuant to this section, the Commission shall give notice to all Vermont electric companies, the Department, and any other persons or entities that have notified the Commission that they hold entitlements to the transmission services that will be the subject of the proceeding.  Upon proper application, all persons and entities entitled to notice under this subsection shall be permitted to participate in the proceeding.
4. The provisions of 12 V.S.A. §§ 5671(6) -(9) and 5676-5679 shall not apply to any arbitration proceeding conducted pursuant to the provisions of this section if the agreement or tariff under which arbitration is being conducted provides for direct appeal of questions of law to the Supreme Court.  In such cases, any award, order, or decree of the Commission shall, solely for purposes of proceedings subsequent to the issuance of the same, be treated as if it were an order of the Commission acting in a quasi-judicial capacity in a contested case, except that the Commission shall have no power of enforcement.  The provisions of sections 12, 14, and 15 of this title shall also apply in such cases.
5. Notwithstanding 12 V.S.A. § 5652(b) , a provision to arbitrate transmission disputes is enforceable if contained in a validly filed state or federal tariff.  Unless otherwise provided, a provision to arbitrate contained in a validly filed tariff creates a duty to arbitrate and is valid and enforceable, except upon such grounds as exist for the termination or revocation of the tariff.

   Added 1967, No. 185 , § 22, eff. April 17, 1967; amended 1981, No. 149 (Adj. Sess.), eff. April 13, 1982; 1987, No. 65 , § 6, eff. May 28, 1987; 1987, No. 237 (Adj. Sess.), eff. May 24, 1988.

§ 215. Natural gas.

The Department of Public Service, or its duly appointed representative, is hereby authorized as an agency of the State to represent the interests of the State before the Federal Power Commission or other body in all matters relating to the transportation and distribution of natural gas into the State of Vermont or the New England states. Upon findings by the natural gas study commission that (a) the procurement of natural gas for the State of Vermont or parts thereof is economically feasible and could substantially promote the interests of Vermont consumers, domestic and industrial, and (b) that such procurement cannot be obtained by agreement between or among gas transmission or distribution companies within and outside the State, within a reasonable time, not to exceed two years, the Department of Public Service shall be also designated as the agent of the State of Vermont with full powers to act for and represent the State in any negotiations, arrangements, or proceedings for the procurement of natural gas from any source within or outside of the State of Vermont with the right, with the approval of the Governor, to contract for the purchase and transmission of such gas and the resale thereof on a nonprofit basis to the gas transmission or distribution companies, cooperative, municipal, and privately owned, without preference or discrimination, for transmission or distribution within the State. With the approval of the Governor, it may enter into contracts for the transmission of natural gas from the place of purchase to a point or points within the State of Vermont.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 267 , § 2, eff. Aug. 1, 1961; 1979, No. 204 (Adj. Sess.), § 35, eff. Feb. 1, 1981.

§ 216. Gas rate fixing.

The Public Utility Commission, under its general jurisdiction over public utilities, shall have authority to fix rates and determine the minimum standards of service for consumers in the event natural gas shall be piped into the State.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

§ 217. Department to prosecute.

The Department of Public Service, through the Director for Public Advocacy, shall represent the public at such hearing when the matters involved result directly from a proposed increase in rates, tolls, or charges, or the issuing of stock, bonds, notes, or other evidence of indebtedness for which the approval of the Commission is required by law. In any proceeding, the Commission may request the appearance of the Attorney General or appoint a member of the Vermont bar to represent the interests of the public or State.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 27, eff. Feb. 1, 1981.

§ 218. Jurisdiction over charges and rates.

1. When, after opportunity for hearing, the rates, tolls, charges, or schedules are found unjust, unreasonable, insufficient, or unjustly discriminatory, or are found to be preferential or otherwise in violation of a provision of this chapter, the Commission may order and substitute therefor such rates, tolls, charges, or schedules, and make such changes in any regulations, measurements, practices, or acts of such company relating to its service, and may make such order as will compel the furnishing of such adequate service as shall at such hearing be found by it to be just and reasonable. This section shall not be construed to require the same rates, tolls, or charges from any company subject to supervision under this chapter for like service in different parts of the State, but the Commission in determining these questions shall investigate local conditions and its final findings and judgment shall take cognizance thereof. This section does not prohibit a telecommunications company from filing tariffs that condition the availability of an intrastate service upon subscription to an interstate or unregulated service from the same or an affiliated company; provided that an incumbent local exchange carrier shall provide a plan to allocate reasonably revenue between the regulated intrastate service and other services. The Commission shall retain the authority to review the tariff filing to determine whether it is just and reasonable.
2. The Department of Public Service shall propose, and the Commission through the establishment of rates of return, rates, tolls, charges, or schedules shall encourage the implementation by electric and gas utilities of energy-efficiency and load management measures which will be cost-effective for the utilities and their customers on a life cycle cost basis. The Commission shall approve rate designs to encourage the efficient use of natural gas and electricity, including consideration of the creation of an inclining block rate structure for residential rate customers with an initial block of low-cost power available to all residences.
   1. To implement the requirements of this subsection, the Public Utility Commission shall continue its investigation of the following:
      1. the parameters for residential inclining block rate designs;
      2. alternative rate designs, such as critical peak pricing programs or more widespread use of time-of-day rates, that would encourage more efficient use of electricity;
      3. the possible inclusion of exemptions from otherwise applicable inclining block rates or rate designs to encourage efficiency for situations in which special health needs or another extraordinary situation presents such a significant demand for electricity that the Commission determines use of those rates would cause undue financial hardship for the customer.
   2. By December 31, 2008, the Commission shall issue a report and plan for implementation based upon the results of its investigation. The plan shall require each retail company to upgrade its rates as necessary to implement new rate designs appropriate to encourage efficient energy use, which shall include residential inclining block rates, if the Commission determines that those rates would be appropriate, by a specified date, or as part of its next rate-related appearance before the Commission, or according to a timetable otherwise specified by the Commission. In implementing these rate designs, the Commission shall consider the appropriateness of phasing in the rate design changes to allow large users of energy a reasonable opportunity to employ methods of conservation and energy efficiency in advance of the full effect of the changes.
   3. Smart grid.  Notwithstanding any provision of law to the contrary, an applicant may propose and the Commission may approve or require an applicant to adopt a rate design that includes dynamic pricing, such as real-time pricing rates. Under such circumstances, the Commission may alter or waive the notice and filing provisions that would apply otherwise under section 225 of this title, provided the applicant ensures that each customer receives sufficient advance notice of the time-of-day usage rates.
3. 1. The Public Utility Commission shall take any action necessary to enable the State of Vermont and telecommunications companies offering service in Vermont to participate in the federal Lifeline program administered by the Federal Communications Commission (FCC) or its agent and also the Vermont Lifeline program described in subdivision (2) of this subsection. (c) (1)  The Public Utility Commission shall take any action necessary to enable the State of Vermont and telecommunications companies offering service in Vermont to participate in the federal Lifeline program administered by the Federal Communications Commission (FCC) or its agent and also the Vermont Lifeline program described in subdivision (2) of this subsection.
   2. A household that qualifies for participation in the federal Lifeline program under criteria established by the FCC or other federal law or regulation shall also be eligible to receive a Vermont Lifeline benefit for wireline voice telephone service. The Vermont Lifeline benefit established under this subdivision shall be set at an amount not to exceed the benefit provided to a household as of October 31, 2017, or $4.25, whichever is greater, and shall be applied as a supplement to any wireline voice benefit received through participation in the federal Lifeline program. However, in no event shall the aggregate amount of benefits received through the federal and State programs described in this subdivision exceed a household's monthly basic service charge for wireline services, including any standard usage and mileage charges.
   3. A company designated as an eligible telecommunications carrier by the Commission pursuant to 47 U.S.C. § 214(e) shall verify an applicant's eligibility for receipt of federal or State Lifeline benefits as required by federal law or regulation or as directed by the Vermont Agency of Human Services, as applicable. The Agency shall provide the FCC or its agent with categorical eligibility data regarding an applicant's status in qualifying programs administered by the Agency.
   4. Notwithstanding any provisions of this subsection to the contrary, a subscriber who is enrolled in the Lifeline program and has obtained a final relief from abuse order in accordance with the provisions of 15 V.S.A. chapter 21 or 33 V.S.A. chapter 69 shall qualify for a Lifeline benefit credit for the amount of the incremental charges imposed by the local telecommunications company for treating the number of the subscriber as nonpublished and any charges required to change from a published to a nonpublished number. As used in this section, "nonpublished" means that the customer's telephone number is not listed in any published directories, is not listed on directory assistance records of the company, and is not made available on request by a member of the general public, notwithstanding any claim of emergency a requesting party may present. The Department for Children and Families shall develop an application form and certification process for obtaining this Lifeline benefit credit.
   5. [Repealed.]
4. The Commission may permit recovery in a company's rates of all or a reasonable portion of the company's expenditures directly related to aesthetic improvements of utility substations, provided that such aesthetic improvements are incidental to other necessary expenditures at or in the vicinity of the substation.
5. Notwithstanding any other provisions of this section, the Commission, on its own motion or upon petition of any person, may issue an order approving a rate schedule, tariff, agreement, contract, or settlement that provides reduced rates for low-income electric utility consumers better to assure affordability. For the purposes of this subsection, "low-income electric utility consumer" means a customer who has a household income at or below 150 percent of the current federal poverty level. When considering whether to approve a rate schedule, tariff, agreement, contract, or settlement for low-income electric utility consumers, the Commission shall take into account the potential impact on, and cost-shifting to, other utility customers.
6. Regulatory incentives for renewable generation.
   1. Notwithstanding any other provision of law, an electric distribution utility subject to rate regulation under this chapter shall be entitled to recover in rates its prudently incurred costs in applying for and seeking any certificate, permit, or other regulatory approval issued or to be issued by federal, State, or local government for the construction of new renewable energy to be sited in Vermont, regardless of whether the certificate, permit, or other regulatory approval ultimately is granted.
   2. The Commission is authorized to provide to an electric distribution utility subject to rate regulation under this chapter an incentive rate of return on equity or other reasonable incentive on any capital investment made by such utility in a renewable energy generation facility sited in Vermont.
   3. To encourage joint efforts on the part of electric distribution utilities to support renewable energy and to secure stable, long-term contracts beneficial to Vermonters, the Commission may establish standards for preapproving the recovery of costs incurred on a renewable energy plant that is the subject of that joint effort, if the construction of the plant requires a certificate of public good under section 248 of this title and all or part of the electricity generated by the plant will be under contract to the utilities involved in that joint effort.
   4. In this subsection, "plant," "renewable energy," and "new renewable energy" shall be as defined in section 8002 of this title.
7. Each company subject to the Public Utility Commission's jurisdiction that distributes electrical energy shall have in place a rate schedule for street lighting that provides an option under which efficient streetlights, including light-emitting diode (LED) lights, are installed on company-owned fixtures. These rate schedules also shall include a separate option under which customers may own street lighting and install efficient streetlights, including LED lights, on customer-owned fixtures.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1981, No. 245 (Adj. Sess.), § 1; 1985, No. 13 , eff. April 11, 1985; 1985, No. 48 , § 2; 1985, No. 176 (Adj. Sess.), eff. May 13, 1986; 1989, No. 146 (Adj. Sess.); 1991, No. 239 (Adj. Sess.), § 1, eff. June 1, 1992; 1995, No. 99 (Adj. Sess.), § 7; 1997, No. 135 (Adj. Sess.), § 2; 1999, No. 147 (Adj. Sess.), § 4; 1999, No. 152 (Adj. Sess.), § 273; 1999, No. 157 (Adj. Sess.), §§ 5, 16; 2003, No. 98 (Adj. Sess.), § 2; 2005, No. 174 (Adj. Sess.), § 58; 2003, No. 208 (Adj. Sess.), § 11; 2007, No. 92 (Adj. Sess.), §§ 13, 13a; 2009, No. 45 , § 6, eff. May 27, 2009; 2009, No. 78 (Adj. Sess.), § 23, eff. April 15, 2010; 2011, No. 47 , § 20f, eff. May 25, 2011; 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012; 2013, No. 105 (Adj. Sess.), § 1; 2015, No. 56 , § 16; 2017, No. 41 , § 2, eff. Nov. 1, 2017.

§ 218a. Permanent telecommunications relay service.

1. 1. The Department of Public Service shall develop the necessary standards for the establishment of a permanent, statewide telecommunications relay service and for an associated equipment program. (a) (1)  The Department of Public Service shall develop the necessary standards for the establishment of a permanent, statewide telecommunications relay service and for an associated equipment program.
   2. The standards developed by the Department shall be equal to or exceed those standards mandated by the Americans With Disabilities Act of 1990 (Public Law 101-336, 104 Stat. 327 (1990)) and expressly require that the designated provider of Vermont's telecommunications relay services comply, as expeditiously as possible, with any additional federal regulations that may be promulgated by the Federal Communications Commission in accordance with the provisions of this section.
2. The Department of Public Service shall issue a request for proposal seeking competitive bids from qualified vendors to provide telecommunications relay services and competitive bids from qualified vendors to provide telecommunications equipment in accordance with the provisions of this section, including the standards developed under subsection (a) of this section. The term of any contract shall not exceed four years.
3. The Department of Public Service may contract with the qualified bidder offering the most favorable proposal, giving due consideration to costs, to quality of service, and to the interests of the community of people who are deaf, hard of hearing, or have speech limitations.
4. 1. The Department of Public Service shall establish the Vermont Telecommunications Relay Service Advisory Council composed of the following members: one representative of the Department of Public Service designated by the Commissioner of Public Service; one representative of the Department of Disabilities, Aging, and Independent Living; two representatives of the deaf community; one member of the community of people who are hard of hearing or have a speech limitation; one representative of a company providing local exchange service within the State; and one representative of an organization currently providing telecommunications relay services. (d) (1)  The Department of Public Service shall establish the Vermont Telecommunications Relay Service Advisory Council composed of the following members: one representative of the Department of Public Service designated by the Commissioner of Public Service; one representative of the Department of Disabilities, Aging, and Independent Living; two representatives of the deaf community; one member of the community of people who are hard of hearing or have a speech limitation; one representative of a company providing local exchange service within the State; and one representative of an organization currently providing telecommunications relay services.
   2. 1. The Council shall elect from among its members a chair and vice chair. Meetings shall be convened at the call of the Chair or a majority of the members of the Council. The Council shall meet not more than six times a year. (2) (A) The Council shall elect from among its members a chair and vice chair. Meetings shall be convened at the call of the Chair or a majority of the members of the Council. The Council shall meet not more than six times a year.

      The members of the Council who are not officers or employees of the State shall receive per diem compensation and expense reimbursement in amounts authorized by 32 V.S.A. § 1010(b) . The costs of the compensation and reimbursement and any other necessary administrative costs shall be included within the contract entered into under subsection (c) of this section.

   3. The Council shall advise the Department of Public Service and the contractor for telecommunications relay services on all matters concerning the implementation and administration of the State's telecommunications relay service, including the telecommunications equipment grant program established pursuant to subsection (e) of this section.
5. 1. The Department shall propose and the Commission shall establish by rule or order a telecommunications equipment grant program to assist persons who are deaf, deaf-blind, hard of hearing, have a speech limitation, and persons with physical disabilities that limit their ability to use standard telephone equipment to communicate by telephone. (e) (1)  The Department shall propose and the Commission shall establish by rule or order a telecommunications equipment grant program to assist persons who are deaf, deaf-blind, hard of hearing, have a speech limitation, and persons with physical disabilities that limit their ability to use standard telephone equipment to communicate by telephone.
   2. Pursuant to this program, a person who is deaf, deaf-blind, hard of hearing, has a speech limitation, or a person with a physical disability that limits his or her ability to use standard telephone equipment whose modified adjusted gross income as defined in 32 V.S.A. § 5829(b)(1) for the preceding taxable year was less than 200 percent of the official poverty line established by the U.S. Department of Health and Human Services for a family of six or the actual number in the family, whichever is greater, published as of October 1 of the preceding taxable year, may be eligible for a benefit toward the purchase, upgrade, or repair of equipment used to access the relay service or otherwise communicate by telephone. The total benefits allocable under this subsection shall not exceed $75,000.00 per year.

      In adopting rules, the Commission shall consider the following:

      prior benefits;

      degree of functional need;

      income;

      number of applicants;

      disposition of equipment upon change of residence; and

      appropriate limits on per person benefit levels based on the equipment needed and the income level of the applicant.

6. The costs of the State's telecommunications relay service and any equipment benefit under subsection (e) of this section shall be included as part of the Vermont Universal Service Fund Program.

   Added 1991, No. 6 , § 2, eff. March 20, 1991; amended 1997, No. 135 (Adj. Sess.), § 4; 1999, No. 67 (Adj. Sess.), § 2; 1999, No. 157 (Adj. Sess.), § 6; 2001, No. 93 (Adj. Sess.), § 1; 2005, No. 171 (Adj. Sess.), § 4; 2005, No. 174 (Adj. Sess.), § 59; 2013, No. 96 (Adj. Sess.), § 192; 2017, No. 118 (Adj. Sess.), § 1, eff. May 2, 2018; 2019, No. 128 (Adj. Sess.), § 14.

§ 218b. Farm customers; energy efficiency; electric energy generation.

Each Vermont electric distribution utility shall develop and implement comprehensive energy efficiency programs for its livestock and domestic fowl farm customers. Such programs shall include all program measures that the Public Utility Commission determines will be cost-effective as part of the utility's least-cost integrated plan. Utilities shall file such proposed programs by August 1, 1991. The Commission shall require each utility to deliver approved program measures to farm customers as rapidly as possible thereafter, taking into consideration the need for these services, utility financial constraints, and cost-effective delivery mechanisms.

Added 1991, No. 98 ; amended 1997, No. 124 (Adj. Sess.), § 5, eff. April 21, 1998.

§ 218c. Least-cost integrated planning.

1. 1. A "least-cost integrated plan" for a regulated electric or gas utility is a plan for meeting the public's need for energy services, after safety concerns are addressed, at the lowest present value life cycle cost, including environmental and economic costs, through a strategy combining investments and expenditures on energy supply, transmission, and distribution capacity, transmission and distribution efficiency, and comprehensive energy efficiency programs. Economic costs shall be assessed with due regard to: (a) (1)  A "least-cost integrated plan" for a regulated electric or gas utility is a plan for meeting the public's need for energy services, after safety concerns are addressed, at the lowest present value life cycle cost, including environmental and economic costs, through a strategy combining investments and expenditures on energy supply, transmission, and distribution capacity, transmission and distribution efficiency, and comprehensive energy efficiency programs. Economic costs shall be assessed with due regard to:
      1. the greenhouse gas inventory developed under the provisions of 10 V.S.A. § 582 ;
      2. the State's progress in meeting its greenhouse gas reduction goals;
      3. the value of the financial risks associated with greenhouse gas emissions from various power sources; and
      4. consistency with section 8001 (renewable energy goals) of this title.
   2. "Comprehensive energy efficiency programs" shall mean a coordinated set of investments or program expenditures made by a regulated electric or gas utility or other entity as approved by the Commission pursuant to subsection 209(d) of this title to meet the public's need for energy services through efficiency, conservation, or load management in all customer classes and areas of opportunity which is designed to acquire the full amount of cost-effective savings from such investments or programs.
2. Each regulated electric or gas company shall prepare and implement a least-cost integrated plan for the provision of energy services to its Vermont customers. At least every third year on a schedule directed by the Public Utility Commission, each such company shall submit a proposed plan to the Department of Public Service and the Public Utility Commission. The Commission, after notice and opportunity for hearing, may approve a company's least-cost integrated plan if it determines that the company's plan complies with the requirements of subdivision (a)(1) of this section and of sections 8004 and 8005 of this title and is consistent with the goals of the Comprehensive Energy Plan issued under section 202b of this title.
3. [Repealed.]
4. 1. Least-cost transmission services shall be provided in accordance with this subsection. On or before July 1, 2006, any electric company that does not have a designated retail service territory and that owns or operates electric transmission facilities within the State of Vermont, in conjunction with any other electric companies that own or operate these facilities, jointly shall prepare and file with the Department of Public Service and the Public Utility Commission a Transmission System Plan that looks forward for a period of at least 10 years. A copy of the plan shall be filed with each of the following: the House Committees on Commerce and Economic Development and on Energy and Technology and the Senate Committees on Finance and on Natural Resources and Energy. The objective of the Plan shall be to identify the potential need for transmission system improvements as early as possible, in order to allow sufficient time to plan and implement more cost-effective nontransmission alternatives to meet reliability needs, wherever feasible. The Plan shall: (d) (1)  Least-cost transmission services shall be provided in accordance with this subsection. On or before July 1, 2006, any electric company that does not have a designated retail service territory and that owns or operates electric transmission facilities within the State of Vermont, in conjunction with any other electric companies that own or operate these facilities, jointly shall prepare and file with the Department of Public Service and the Public Utility Commission a Transmission System Plan that looks forward for a period of at least 10 years. A copy of the plan shall be filed with each of the following: the House Committees on Commerce and Economic Development and on Energy and Technology and the Senate Committees on Finance and on Natural Resources and Energy. The objective of the Plan shall be to identify the potential need for transmission system improvements as early as possible, in order to allow sufficient time to plan and implement more cost-effective nontransmission alternatives to meet reliability needs, wherever feasible. The Plan shall:
      1. identify existing and potential transmission system reliability deficiencies by location within Vermont;
      2. estimate the date, and identify the local or regional load levels and other likely system conditions at which these reliability deficiencies, in the absence of further action, would likely occur;
      3. describe the likely manner of resolving the identified deficiencies through transmission system improvements;
      4. estimate the likely costs of these improvements;
      5. identify potential obstacles to the realization of these improvements; and
      6. identify the demand or supply parameters that generation, demand response, energy efficiency, or other nontransmission strategies would need to address to resolve the reliability deficiencies identified.
   2. Prior to the adoption of any Transmission System Plan, a utility preparing a Plan shall host at least two public meetings at which it shall present a draft of the Plan and facilitate a public discussion to identify and evaluate nontransmission alternatives. The meetings shall be at separate locations within the State, in proximity to the transmission facilities involved or as otherwise required by the Commission, and each shall be noticed by at least two advertisements, each occurring between one and three weeks prior to the meetings, in newspapers having general circulation within the State and within the municipalities in which the meetings are to be held. Copies of the notices shall be provided to the Public Utility Commission, the Department of Public Service, any entity appointed by the Public Utility Commission pursuant to subdivision 209(d)(2) of this title, the Agency of Natural Resources, the Division for Historic Preservation, the Department of Health, the Agency of Transportation, the Attorney General, the chair of each regional planning commission, each retail electricity provider within the State, and any public interest group that requests, or has made a standing request for, a copy of the notice. A verbatim transcript of the meetings shall be prepared by the utility preparing the Plan, shall be filed with the Public Utility Commission and the Department of Public Service, and shall be provided at cost to any person requesting it. The Plan shall contain a discussion of the principal contentions made at the meetings by members of the public, by any State agency, and by any utility.
   3. Prior to the issuance of the Transmission Plan or any revision of the Plan, the utility preparing the Plan shall offer to meet with each retail electricity provider within the State, with any entity appointed by the Public Utility Commission pursuant to subdivision 209(d)(2) of this title, and with the Department of Public Service, for the purpose of exchanging information that may be relevant to the development of the Plan.
   4. 1. A Transmission System Plan shall be revised: (4) (A) A Transmission System Plan shall be revised:
         1. within nine months of a request to do so made by either the Public Utility Commission or the Department of Public Service; and
         2. in any case, at intervals of not more than three years.
      2. If more than 18 months shall have elapsed between the adoption of any version of the Plan and the next revision of the Plan, or since the last public hearing to address a proposed revision of the Plan and facilitate a public discussion that identifies and evaluates nontransmission alternatives, the utility preparing the Plan, prior to issuing the next revision, shall host public meetings as provided in subdivision (2) of this subsection, and the revision shall contain a discussion of the principal contentions made at the meetings by members of the public, by any State agency, and by any retail electricity provider.
   5. On the basis of information contained in a Transmission System Plan, obtained through meetings held pursuant to subdivision (2) of this subsection, or obtained otherwise, the Public Utility Commission and the Department of Public Service shall use their powers under this title to encourage and facilitate the resolution of reliability deficiencies through nontransmission alternatives, where those alternatives would better serve the public good. The Public Utility Commission, upon such notice and hearings as are otherwise required under this title, may enter such orders as it deems necessary to encourage, facilitate, or require the resolution of reliability deficiencies in a manner that it determines will best promote the public good.
   6. The retail electricity providers in affected areas shall incorporate the most recently filed Transmission Plan in their individual least-cost integrated planning processes, and shall cooperate as necessary to develop and implement joint least-cost solutions to address the reliability deficiencies identified in the Transmission Plan.
   7. Before the Department of Public Service takes a position before the Commission concerning the construction of new transmission or a transmission upgrade with significant land use ramifications, the Department shall hold one or more public meetings with the legislative bodies or their designees of each town, village, or city that the transmission lines cross, and shall engage in a discussion with the members of those bodies or their designees and the interested public as to the Department's role as public advocate.

      Added 1991, No. 99 , § 2; amended 1999, No. 60 , § 2, eff. June 1, 1999; 1999, No. 157 (Adj. Sess.), § 7; 2005, No. 61 , § 9; 2007, No. 209 (Adj. Sess.), § 13; 2011, No. 62 , § 25; 2011, No. 170 (Adj. Sess.), § 11; 2015, No. 40 , § 30; 2015, No. 56 , § 17; 2017, No. 113 (Adj. Sess.), § 173b; 2017, No. 139 (Adj. Sess.), § 9.

§ 218d. Alternative regulation of electric and natural gas companies.

1. Notwithstanding section 218 and sections 225-227 of this title, upon petition of an electric or natural gas company, upon request of the Department of Public Service, or on its own initiative, the Public Utility Commission may, after opportunity for hearing, approve alternative forms of regulation for an electric or natural gas company; provided, however, in the case of a municipal plant or department formed under local charter or chapter 79 of this title or an electric cooperative formed under chapter 81 of this title, any alternative forms of regulation approved by the Commission shall also be approved by a majority of the voters of a municipality or cooperative voting upon the question at a duly warned annual or special meeting held for that purpose. Before doing so, the Commission shall find that the proposed form of alternative regulation will:
   1. establish a system of regulation in which such companies have clear incentives to provide least cost energy service to their customers;
   2. provide just and reasonable rates for service to all classes of customers;
   3. deliver safe and reliable service;
   4. offer incentives for innovations and improved performance that advance state energy policy such as increasing reliance on Vermont-based renewable energy and decreasing the extent to which the financial success of distribution utilities between rate cases is linked to increased sales to end use customers and may be threatened by decreases in those sales;
   5. promote improved quality of service, reliability, and service choices;
   6. encourage innovation in the provision of service;
   7. establish a reasonably balanced system of risks and rewards that encourages the company to operate as efficiently as possible using sound management practices; and
   8. provide a reasonable opportunity, under sound and economical management, to earn a fair rate of return, provided such opportunity must be consistent with flexible design of alternative regulation and with the inclusion of effective financial incentives in such alternatives.
2. If savings result from alternative regulation, the savings shall be shared with ratepayers as determined by the Commission.
3. In the case of a municipal plant or department formed under local charter or chapter 79 of this title or an electric cooperative formed under chapter 81 of this title, alternative regulation may include authority for local elected officials to set and revise rates.
4. Alternative regulation may include such changes or additions to, waivers of, or alternatives to, traditional rate-making procedures, standards, and mechanisms, including substantive changes to rate base-rate of return rate setting, as the Commission finds will promote the public good and will support the required findings in subsection (a) of this section. In addition, the Commission shall not allow a company to set aside funds collected from ratepayers for the purpose of supporting a future expansion or upgrade of its transmission or distribution network except after notice and opportunity for hearing and only if all of the following apply:
   1. There is a cost estimate for the expansion or upgrade that the company demonstrates is consistent with the principles of least-cost integrated planning as defined in section 218c of this title.
   2. The amount of such funds does not exceed 20 percent of the estimated cost of the expansion or upgrade.
   3. Interest earned on the funds is credited to the ratepayers.
   4. The funds are not disbursed to the company until after expansion or upgrade is in service.
   5. The funds are not used to defray any portion of the costs of expansion or upgrade in excess of the cost estimate described in subdivision (1) of this subsection.
5. The Public Utility Commission may establish, by rule or order, requirements governing the filing of a petition to approve an alternative regulation plan.
6. The Commission shall act on the petition within 12 months of the filing of a petition that complies with the Commission's rules.
7. An alternative regulation plan shall take effect not sooner than 30 days following its approval by the Commission.
8. The Commission may establish, by rule or order, and may amend from time to time standards and procedures by which the effectiveness of the alternative form of regulation can be determined.
9. The Commission, on its own motion or the motion of the Department of Public Service or a company operating under an alternative regulation plan pursuant to this section, may investigate any alternative regulation plan that is in effect. Following notice and an opportunity for hearing, the Commission may terminate or modify the alternative regulation plan upon a finding of good cause. Where the Commission revokes prior approval, the Commission shall determine whether the company's current rates are just and reasonable, and, if not, shall establish new rates that are just and reasonable.
10. Notwithstanding any provision of this section, a company may file for rates determined under and in accordance with sections 218, 225, 226, and 227 of this title to be effective at the time of the termination of any approved alternative regulation plan.
11. In the case of a municipal utility, the Commission shall approve an alternative regulation plan only if the Commission finds that the plan will:
    1. Permit the municipal plant or department to fulfill all of its obligations, including its obligations to the holders of bonds issued under local charter or State law.
    2. Not violate existing covenants in outstanding municipal bonds or in contracts securing bonds issued by the Vermont Public Power Supply Authority.
    3. Not impair the municipality's access to capital, including that in the municipal bond market. The Commission will consider the opinion of the utility's bond counsel in making this decision.
    4. Not impair the municipal utility's ability to participate in future bond issues by the Authority as contemplated by chapter 84 of this title. The Commission will consider the opinion of the Vermont Public Power Supply Authority in making this decision.
12. In the case of an electric cooperative, the Commission shall approve an alternative regulation plan only if the Commission finds the plan will not violate covenants in existing mortgages or impair the cooperative's access to capital.
13. In the case of an investor-owned company, the Commission shall approve an alternative regulation plan, only if the Commission finds the plan will:
    1. not have an adverse impact on the electric company's eligibility for rate-regulated accounting in accordance with generally accepted accounting standards if applicable; and
    2. reasonably preserve the availability of equity and debt capital resources to the company on favorable terms and conditions.
14. 1. Notwithstanding subsection (a) of this section and sections 218, 225, 226, 227, and 229 of this title, a municipal company formed under local charter or under chapter 79 of this title and an electric cooperative formed under chapter 81 of this title shall be authorized to change its rates for service to its customers if the rate change is: (n) (1)  Notwithstanding subsection (a) of this section and sections 218, 225, 226, 227, and 229 of this title, a municipal company formed under local charter or under chapter 79 of this title and an electric cooperative formed under chapter 81 of this title shall be authorized to change its rates for service to its customers if the rate change is:
       1. applied to all customers equally;
       2. not more than two percent during any twelve-month period;
       3. cumulatively not more than 10 percent from the rates last approved by the Commission; and
       4. not going to take effect more than 10 years from the last approval for a rate change from the Commission.
    2. The municipal company or electric cooperative shall provide written notice of a rate change pursuant to this subsection to its customers, the Department of Public Service, and the Commission at least 45 days prior to implementing the rate change. Included with the submission shall be a rate analysis describing the rationale for the rate change. Unless an objection to the rate change is filed by the Department of Public Service with the Commission within 45 days of this notice or the Commission orders an investigation on its own motion, the municipal company or electric cooperative may implement the rate change.
    3. If the Department does not object to the change within 30 days, five persons adversely affected by the change may apply at their own expense to the Commission by petition alleging why the change is unreasonable and unjust and asking that the Commission investigate the matter and make such orders as justice and law require.
    4. A municipal company or electric cooperative shall be eligible to change its rates pursuant to this subsection only if it has received approval for a rate change from its governing body at a duly warned meeting held for such purpose prior to filing its written notice with the Department and the Commission.
    5. The Commission shall establish, by rule or order, standards and procedures for implementing this subsection.
15. 1. Notwithstanding subsections (a) and (n) of this section and sections 218, 225, 226, 227, and 229 of this title, a municipal company formed under local charter or under chapter 79 of this title and an electric cooperative formed under chapter 81 of this title shall be authorized to offer innovative rates or services to their customers as pilot programs without obtaining prior approval from the Commission if the rate or service: (o) (1)  Notwithstanding subsections (a) and (n) of this section and sections 218, 225, 226, 227, and 229 of this title, a municipal company formed under local charter or under chapter 79 of this title and an electric cooperative formed under chapter 81 of this title shall be authorized to offer innovative rates or services to their customers as pilot programs without obtaining prior approval from the Commission if the rate or service:
       1. is designed to satisfy the requirements of subdivision 8005(a)(3) of this title or to advance the goals of the State Comprehensive Energy Plan;
       2. has a duration of 18 months or less; and
       3. shall not result in:
          1. additions of more than two percent of the municipal company's or electric cooperative's net asset; or
          2. an increase in the municipal company's or electric cooperative's overall cost-of-service by more than two percent.
    2. The municipal company or electric cooperative shall provide written notice of an innovative rate or service to its customers, the Department of Public Service, and the Commission at least 45 days prior to offering the innovative rate or service to its customers. Included with the submission shall be the terms and conditions of service. Unless an objection to the innovative rate or service is filed with the Commission within 45 days of this notice or the Commission orders an investigation on its own motion, the municipal company or electric cooperative may commence offering the innovative rate or service to its customers.
    3. The municipal company or electric cooperative shall provide written notice to the Department of Public Service and the Commission at least 45 days prior to the end of an innovative rate or service duration period with any proposed modifications to the terms and conditions. Unless an objection to the innovative rate or service is filed with the Commission within 45 days of this notice or the Commission orders an investigation on its own motion, the municipal company or electric cooperative may continue offering the innovative rate or service to its customers. The Commission may allow for the innovative rate or service to remain in effect pending the outcome of an investigation into the notice filing.
    4. The Commission may establish, by rule or order, standards and procedures for implementing and interpreting this section.

       Added 2003, No. 69 , § 2, eff. June 17, 2003; amended 2005, No. 61 , § 11; 2015, No. 174 (Adj. Sess.), § 15a; 2021, No. 13 , § 1, eff. July 1, 2021.

§ 218e. Implementing State energy policy; manufacturing.

To give effect to the policies of section 202a of this title to provide reliable and affordable energy and assure the State's economic vitality, it is critical to retain and recruit manufacturing and other businesses and to consider the impact on manufacturing and other businesses when issuing orders, adopting rules, and making other decisions affecting the cost and reliability of electricity and other fuels. Implementation of the State's energy policy should:

1. encourage recruitment and retention of employers providing high-quality jobs and related economic investment and support the State's economic welfare; and
2. appropriately balance the objectives of this section with the other policy goals and criteria established in this title.

   Added 2013, No. 199 (Adj. Sess.), § 12.

§ 219. Service.

Each company subject to supervision under this chapter shall be required to furnish reasonably adequate service, accommodation, and facilities to the public. The charge made by any such company for any product or service shall be reasonable and without discrimination, except as provided in this chapter.

§ 219a. Repealed. 2013, No. 99 (Adj. Sess.), § 10(c), effective January 1, 2017.

§ 219b. Repealed. 2013, No. 99 (Adj. Sess.), § 10(c), effective January 1, 2017.

§ 220. Repealed. 1975, No. 56, § 2.

§ 221. Forms; orders.

The Commission may prescribe the forms of all books, accounts, papers, and records of any public utility over which it has jurisdiction and such public utility shall keep and render its books, accounts, papers, and records accurately and faithfully in the manner and form prescribed by the Commission and comply with all orders and directions of the Commission relating to such books, accounts, papers, and records.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1985, No. 224 (Adj. Sess.), § 7.

§ 222. Exceptions.

Public utilities under the jurisdiction of a federal commission shall not be required to keep any system of accounts and records that would conflict with any requirement of such federal commission.

§ 223. Appeal from municipal authorities.

A person or corporation aggrieved by an order or decision of the municipal authorities made under the provisions of any statute, relative to the granting of a license or permit for location, may appeal therefrom to the Commission at any time within 30 days from the date of such order or decision. After notice and public hearing of all parties interested, as provided in section 208 of this title, the decision of the Commission thereon shall be final, subject to a right to transfer such cause to the Supreme Court as provided by section 12 of this title.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

§ 224. Special authority to municipality, to be under supervision of Commission.

Any statute conferring authority upon municipalities to supervise or to make any order or regulation respecting any location, business, or company, subject to the provisions of this chapter, shall be construed as giving such municipalities jurisdiction without authority to alter or modify any order, judgment, decree, or regulation made by the Public Utility Commission.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

§ 225. Rate schedules.

1. Within a time to be fixed by the Commission, each company subject to the provisions of this chapter shall file with the Department, with separate filings to the Directors for Regulated Utility Planning and Public Advocacy, schedules which shall be open to public inspection, showing all rates, including joint rates, for any service performed or any product furnished by it within the State, and as a part thereof shall file the rules and regulations that in any manner affect the tolls or rates charged or to be charged for any such service or product. Those schedules, or summaries of the schedules approved by the Department, shall be published by the company in two newspapers with general circulation in the State within 15 days after such filing. A change shall not thereafter be made in any such schedules, including schedules of joint rates or in any such rules and regulations, except upon 45 days' notice to the Commission and to the Department of Public Service, and such notice to parties affected by such schedules as the Commission shall direct. The Commission shall consider the Department's recommendation and take action pursuant to sections 226 and 227 of this title before the date on which the changed rate is to become effective. All such changes shall be plainly indicated upon existing schedules, or by filing new schedules in lieu thereof 45 days prior to the time the same are to take effect. Subject only to temporary increases, rates may not thereafter be raised without strictly complying with the notice and filing requirements set forth in this section. In no event may a company amend, supplement, or alter an existing filing or substantially revise the proof in support of such filing in order to increase, decrease, or substantiate a pending rate request, unless, upon opportunity for hearing, the company demonstrates that such a change in filing or proof is necessary for the purpose of providing adequate and efficient service. However, upon application of any company subject to the provisions of this chapter, and with the consent of the Department of Public Service, the Commission may for good cause shown prescribe a shorter time within which such change may be made; but a change which in effect decreases such tolls or rates may be made upon five days' notice to the Commission and the Department of Public Service and such notice to parties affected as the Commission shall direct.
2. Immediately upon receipt of notice of a change in a rate schedule filed by a company, the Department shall investigate the justness and reasonableness of that change. Within 30 days of receipt of this notice, the Department shall either report to the Commission the results of its investigations together with its recommendation for acceptance of the change, or it shall notify the Commission and other parties that it opposes the change. If the Department of Public Service reports its acceptance of the change in rates, the Commission may accept the change, or it may on its own motion conduct an investigation into the justness and reasonableness of the change, or it may order the Department to appear before it to justify its recommendation to accept the change. In no event shall a change go into effect without the approval of the Commission, except when a rate change is suspended and temporary or permanent rates are allowed to go into effect pursuant to subsection 226(a) or 227(a) of this title. The Commission shall consider the Department's recommendation and take action pursuant to sections 226 and 227 of this title within 45 days of receipt of notice of a change in a rate schedule. In the event that the Department opposes the change, the Commission shall hear evidence on the matter and make such orders as justice and law require. In any hearing on a change in rates, whether or not opposed by the Department, the Commission may request the appearance of the Attorney General or appoint a member of the Vermont bar to represent the public or the State.
3. [Repealed.]

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263 , § 2, eff. July 31, 1961; 1979, No. 204 (Adj. Sess.), § 28, eff. Feb. 1, 1981; 1981, No. 226 (Adj. Sess.), §§ 1, 2, eff. May 6, 1982; 1985, No. 224 (Adj. Sess.), § 8; 1999, No. 157 (Adj. Sess.), § 8; 2019, No. 31 , § 18.

§ 226. Rates, hearings, bond.

1. Except in the case of municipal companies formed under local charter or under chapter 79 and cooperatives formed under chapter 81 of this title, upon six days' notice to the company affected, the Commission may suspend a rate change until it makes a final determination on the request for a rate change. However, if it shall be made to appear to the satisfaction of the Commission, that the public interest requires a change in rates, charges, or services, or that such change is necessary for the purpose of providing adequate and efficient service or for the preservation of the property of the public service company devoted to public use, the Commission, after public notice and preliminary hearing, shall authorize upon such terms, conditions, or safeguards as it deems proper an immediate reasonable temporary increase in such price pending the final determination of the price to be thereafter charged by any such public service company and the Commission may as a condition of its order allowing such temporary increase, require the petitioning company to file with the Commission a bond running to the Commission members and their successors in office in amount and with sureties approved by the Commission, conditioned that within a reasonable time prescribed by the Commission after the termination of such proceedings, the company shall, with interest, repay to or may credit the account of the persons from whom such changed rates shall be collected all sums collected in excess of the rate in force at the time such changes are filed or of such rate as shall be determined to be just and reasonable. If the Commission fails to determine the application for temporary rates, if requested, within 30 days after it is made or within 45 days after suspension, whichever is later, the requested temporary rates shall take effect subject to refund as provided in this subsection.
2. In the case of municipal companies formed under local charter or under chapter 79 and cooperatives formed under chapter 81 of this title, the Public Utility Commission shall not be empowered to suspend a change in the rates of a municipality or of a cooperative pending final determination as to the justness or reasonableness of such change, but the Commission shall require that the municipality or cooperative refund revenues collected in excess of those which are finally determined to be just and reasonable.  Any increase in the rates of a municipality or cooperative shall be implemented by means of an identical percentage increase to each class or division of ratepayers under rate design tariffs previously approved by the Public Utility Commission until such time as the Public Utility Commission shall specifically approve an alteration in such rate design and corresponding tariffs.
3. If the Department does not oppose the change as provided in section 225 of this title, five persons adversely affected by the change, or, if the change adversely affects fewer than five persons, any one person so affected may apply at their own expense to the Commission by petition alleging why the change is unreasonable and unjust and asking that the Commission investigate the matter and make such orders as justice and law require. The petition shall be filed within 38 days of the date of the notice of rate change that was filed pursuant to section 225 of this title. The Commission may suspend the rates as a result of the petition. The Commission may hold a hearing on the petition. Whether or not a hearing is held, the Commission shall make such orders as justice and law require.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263 , § 3, eff. July 31, 1961; 1979, No. 204 (Adj. Sess.),§§ 29, 30, eff. Feb. 1, 1981; 1981, No. 226 (Adj. Sess.), §§ 3, 4, eff. May 6, 1982; 2019, No. 31 , § 19.

§ 226a. Contracts regarding basic exchange telecommunications services.

1. As used in this section, "basic exchange telecommunications service" shall mean the provision of publicly switched, voice grade interactive telecommunications services between or among two or more end users, where a single central office provides that service to those two or more end users.  The term may also, at the Commission's discretion, include services which are or have been tariffed at rates equivalent to local service rates for basic exchange services.
2. The Department is authorized to negotiate, and upon approval of the Commission may execute on behalf of the State, a contract for a fixed term with any company providing basic exchange telecommunications services.  Any such contract shall provide for:
   1. specified basic exchange rates during the life of the contract;
   2. minimum plant and equipment modernization schedules;
   3. specified service quality levels for telecommunications services, including those offered to competitors, measured by objective standards;
   4. furnishing such technical information as may be needed by a competitor in order for the competitor to offer and provide competitive services which require access to or utilize the company's regulated basic exchange services in a manner technically equivalent to the company's use of those regulated services;
   5. rates, terms, and conditions for access charges for use of the company's facilities by competitors, that are established by order of the Commission unless otherwise approved under this section by the Commission;
   6. elimination or reduction of regulatory requirements under subsection 218(a) and sections 225, 226, 227, and 229 of this title, including rate of return requirements; and
   7. such other rates, terms, and conditions as the Department and company may agree upon and the Commission approves, provided that the parties to the contract affirmatively demonstrate and the Commission finds that such rates, terms, and conditions are consistent with the State telecommunications purposes established under section 202c of this title and after its adoption with the State Telecommunications Plan established under section 202d of this title.
3. Any contract made pursuant to this section shall be written, signed by the parties, and filed with the Commission.  At the time of filing a contract with the Commission, the company also shall file with the Commission for public inspection all information made available to the Department during the negotiations.  After public notice and no less than 45 days after the parties have filed a contract with it, the Commission shall hold a hearing to determine whether it should approve the contract.  In such proceedings, the public contract advocate appointed by the Attorney General under 3 V.S.A. § 165 shall represent the interests of the public and the State, and any interested party may intervene.  The Commission shall grant approval only if it finds that a contract in its entirety is just and reasonable giving due consideration to the services and price levels covered and any risk of cross-subsidization, promotes the general good of the State, supports reasonable competition, contains fair and equitable provisions for the treatment of customer privacy interests, and takes into consideration any State Telecommunications Plan or policy adopted pursuant to section 202d of this title.  The Commission shall render its decision within seven and one-half months from the date of filing of a contract.  If the Commission does not grant approval, it may recommend modifications to the contract.  Within 30 days after issuance of the Commission's order, the company and the Department may file with the Commission, with service on parties to the proceeding, a modified contract, incorporating the Commission's recommended modifications.  Within 20 days after such filing, the Commission on its motion may conduct, or other substantially affected parties may request that the Commission conduct hearings or other proceedings on the proposed modifications.  Such requests shall be granted only if the Commission finds that the proposed modifications deviate in substance from those recommended by the Commission or that the public interest requires that hearings be held. If no such requests are made or if the requests are denied, the Commission shall make a final decision approving or disapproving the modified contract within 45 days after the modified contract was filed.  If the Commission conducts hearings, it shall make a final decision within 90 days after the modified contract was filed.
4. The Commission shall retain jurisdiction over any contract under this section and shall hear and resolve any disputes or claims which may arise regarding its application. During the period of any contract under this section, a company shall continue to file with the Commission and the Department its rates, tariffs, and tolls for any service provided, including any service subject to the contract, and shall also file on a monthly basis its rate of return under the contract.
5. If at any time, after notice and opportunity for hearing, the Commission determines that changes in federal regulatory law, unforeseen and significant economic shifts, or changes in technology have created either extremely severe economic hardships for the company or a condition that is severely detrimental and contrary to the public good, the Commission shall order the Department and the company to renegotiate relevant portions of a contract negotiated under this section, and any renegotiated provisions shall be subject to the Commission's approval under the procedures of subsection (c) of this section. If at any time the General Assembly is concerned that such conditions exist, it may, by joint resolution, direct the Commission to conduct a hearing and make a determination thereon. If the Department and the company fail to reach a negotiated agreement within four months of receipt of an order to negotiate from the Commission, the Commission shall hold a hearing to determine the appropriate content of the relevant portions of the contract. In such proceedings, the public contract advocate shall represent the interests of the public and the State, and any interested party may intervene. The Commission shall complete its hearings and render its decision within four months from the date that the Department and the company failed to agree under an order to negotiate. If the Department and the company agree within 14 days of the Commission's decision to accept the Commission's determination of the appropriate content of the contract, the contract shall continue in effect as modified until its termination date. If the Department or the company does not accept the Commission's determination, the contract shall terminate under the terms specified in subsection (f) of this section 30 days after the date of the Commission's decision.
6. Any contract under this section shall extend for no more than five years, and this section and any contract shall terminate December 31, 1997.  Upon expiration or termination of a contract, the rates, terms, and conditions then in effect under the contract shall continue in effect as duly filed and approved rates and schedules under this title and shall thereafter be subject to all of the provisions of this title.

   Added 1987, No. 87 , § 6, eff. June 9, 1987; amended 1991, No. 63 ; 1999, No. 157 (Adj. Sess.), § 9; 2003, No. 98 (Adj. Sess.), § 3; 2009, No. 33 , § 59.

§ 226b. Incentive regulation of basic exchange telecommunications providers.

1. Upon petition of a basic exchange telecommunications service provider, upon request of the Department of Public Service, or on its own initiative, the Public Utility Commission may approve alternative forms of regulation other than the traditional methods based upon cost of service, rate base, and rate of return.
2. As used in this section:
   1. "Alternative forms of regulation" include incentive regulation, earnings sharing, categorization of services for the purpose of pricing, price caps, price indexing formulae, ranges of authorized returns, detariffing, and reduction or suspension of regulatory requirements.
   2. "Basic exchange telecommunications service" has the same meaning as under section 226a of this title.
3. The Commission shall approve alternative forms of regulation only if it finds, after notice and hearing, that such regulation, in its entirety:
   1. promotes the general good of the State;
   2. is consistent with the State telecommunications purposes established under section 202c of this title;
   3. is consistent with the State Telecommunications Plan adopted by the Department of Public Service under section 202d of this title, or there exists good cause to approve alternative forms of regulation notwithstanding this inconsistency;
   4. is consistent with the public's interests relating to appropriate quality telecommunications services;
   5. is consistent with the goal of protecting or promoting universal service to residential users of telecommunications;
   6. provides reasonable incentives for the creation of a modern telecommunications infrastructure and the appropriate implementation of new cost-effective technologies;
   7. reasonably supports economic development in the affected service territory;
   8. adequately protects consumer privacy interests;
   9. supports reasonable competition;
   10. includes adequate safeguards to ensure that charges for noncompetitive services do not subsidize competitive services; and
   11. is just and reasonable and would not produce unjust discrimination between users of the public switched network in the pricing, quality, or availability of the network functions or services offered.
4. Prior to approving, modifying, or renewing an alternative form of regulation with respect to a specific basic exchange telecommunications provider, the Commission shall establish, and may amend from time to time, standards and procedures by which the effectiveness of the alternative form of regulation can be determined.
5. In reviewing a petition to approve alternative forms of regulation, the Commission shall follow procedures substantially similar to those contained in sections 225, 226, and 227 of this title, except that if the Commission has not acted on the petition within nine months after the Commission has ordered suspension and investigation, the petition shall be deemed granted. By rule, the Commission may prescribe the minimum contents of a filing under this section.
6. Where a petition for alternative forms of regulation has been filed by the Department or a basic exchange telecommunications service provider, and the Commission determines that the proposal does not satisfy the requirements of this section, it may either reject the proposal or issue a proposed order approving alternative regulation with such modifications as the Commission determines necessary to satisfy the requirements of this section. Within 20 days after issuance of a proposed order under this section, any party may submit comments and may offer to provide additional evidence concerning the proposed order. After review of such comments, and after conducting any additional hearings that the Commission determines to be necessary, the Commission shall issue a final order with such modifications as the Commission determines to be necessary to satisfy the requirements of this section. If the Commission determines that evidence offered by a party reasonably should have been introduced at hearings prior to the proposed order, the Commission may exclude such evidence. The Commission shall issue its final order within 45 days after the proposed order is issued, or within 90 days after the proposed order is issued if further hearings have been held.
7. Any final order approving or modifying alternative forms of regulation shall, by its terms, take effect not sooner than 30 days following its issuance.
8. An order establishing an alternative form of regulation may include:
   1. exemption from or reduction of the requirements of subsection 218(a) and sections 225, 226, 227, and 229 of this title, including rate of return requirements;
   2. terms and conditions for establishing new services, withdrawing services, price changes to services, and services by contract to individual customers; and
   3. other rates, terms, and conditions that the Commission finds to be consistent with the general considerations and standards under subsections (c) and (d) of this section.
9. While an order approving alternative forms of regulation is in effect, the Department of Public Service and the Public Utility Commission may conduct investigations into the effectiveness of the alternative forms of regulation, and whether a traditional form of regulation should be restored. Following notice and an opportunity for hearing, the Public Utility Commission may terminate an order establishing an alternative form of regulation and restore a traditional form of regulation, or it may modify the order approving alternative forms of regulation.
10. If at any time an order establishing an alternative form of regulation has been in effect for seven years without having been renewed, the order shall be deemed of no further force or effect and the waiver of statutory requirements under this title shall expire. All tariffs then in effect shall remain in effect until further order of the Commission.
11. A basic exchange telecommunications service provider operating under an alternative form of regulation, the Department of Public Service, or the Public Utility Commission may initiate a proceeding to renew an order approving an alternative form of regulation. The provisions of this section shall apply to a proposed renewal of an alternative form of regulation. The Commission may issue orders approving, denying, or modifying the proposed renewal. In reviewing a proposed renewal of an alternative form of regulation, the Commission may consider the basic exchange telecommunications service provider's performance for the duration of the alternative form of regulation in effect at the time the renewal is initiated. Nothing in this section shall require the Commission to conduct cost of service, rate base, or rate of return analyses.
12. The Commission shall have the discretionary authority to provide an expedited process under this section for a basic exchange telecommunications provider with less than 10 percent of the access lines in this State. The process shall include notice and opportunity for hearing and may include simplified procedures. Nothing in this section requires the Commission to conduct a cost of service, rate base, or rate of return analysis for such companies as a precondition to alternative regulation.

    Added 1993, No. 84 , § 1; amended 1995, No. 182 (Adj. Sess.), § 3, eff. May 22, 1996; 2003, No. 98 (Adj. Sess.), § 4.

§ 227. Suspension, refund.

1. If the Commission orders that a change shall not go into effect until final determination of the proceedings, it shall proceed to hear the matter as promptly as possible and shall make its determination within seven months from the date that it orders the investigation. If a company files for a change in rate design among classes of ratepayers, and the company has a rate case pending before the Commission, the Commission shall make its determination on the rate design change within seven months after the rate case is decided by the Commission. If the Commission fails to make its determination within the time periods set by this subsection, the changed rate schedules filed by the company shall become effective and final.
2. The Commission, on its own motion, may order an investigation and hearing on the justness and reasonableness of existing rates of a company, subject to supervision under this chapter.  The Commission shall proceed to hear the matter as promptly as possible and shall make every effort to make its determination within seven months from the date the proceeding was instituted.  If the Commission does make its determination within such seven months then its final order shall be retroactive to the day that the proceedings were instituted and such final order shall contain a directive that the company, other than a common carrier of passengers by motor vehicle, shall repay to the persons from whom collected between the time the proceedings were instituted and the final order all sums which the Commission determines are in excess of the rates ultimately found to be just and reasonable.  If the Commission does not make its determination within seven months of the institution of the proceedings then its final order when made shall be retroactive only to a date seven months after the institution of the proceedings and the final order shall contain a directive that the company shall repay to persons from whom collected between the date seven months after the institution of the proceedings and the determination thereof all sums which the Commission determines are in excess of the rates ultimately found to be just and reasonable.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263 , § 4, eff. July 31, 1961; 1981, No. 226 (Adj. Sess.), § 5, eff. May 6, 1982; 1995, No. 182 (Adj. Sess.), § 17, eff. May 22, 1996; 2019, No. 31 , § 20.

§ 227a. Pricing of competitive telecommunications services.

1. In addition to the Commission's authority to reduce or suspend any regulatory requirements as part of a contract negotiated under section 226a of this title, the Commission may also suspend or reduce such requirements in a competitive market under this section.  If, after hearing, the Commission determines that a competitive market exists for the provision of any telecommunications service offered by a company subject to its jurisdiction, the Commission may suspend or reduce any or all of the regulatory requirements otherwise applicable to the provision of such service under subsection 218(a) and sections 225, 226, and 227 of this title.  In determining whether a competitive market exists, the Commission shall find:
   1. that no competitor offering such service has sufficient market power to set prices for the service; taking into consideration whether competitors to any dominant market provider offer a sufficient quantity of similar or equivalent services, whether there is reasonable ease of entry into the market for providers of these services, and any other relevant indicator of market power;
   2. that the competition in the market will afford the public at least as much protection as the applicable regulatory requirements being suspended or reduced;
   3. that adequate safeguards exist to assure that any services provided by a competitor which continue to be regulated are not supporting or subsidizing any services offered in the competitive market, and that no company shall allocate revenues from regulated activities to unregulated activities nor allocate costs from unregulated activities to regulated activities and, upon request, shall provide the Commission and the Department with information, including cost studies indicating whether any regulated services are supporting any services which are deregulated; and
   4. that adequate safeguards exist to ensure that access to any regulated basic exchange services or any other regulated services that must be utilized to provide the competitive service is available at the same rates, terms, and conditions at which they are provided by the company to its own unregulated affiliates or charged to its own unregulated accounts.
2. Nothing in this section shall limit the existing authority of the Commission or Department to require provision of or access to information required by this title.
3. The Commission shall upon petition of the Department, and may upon its own initiative, investigate whether it should reimpose any regulatory requirements which it has suspended or reduced in accordance with subsection (a) of this section; and if the Commission finds that it is in the public interest to reapply any such regulatory provisions, it may do so if it determines that the standards in subsection (a) are no longer met.  Pending any final order, the Commission may reimpose any regulatory requirements on a preliminary basis as it determines is just and reasonable.  The Commission shall rule on any request by the Department for a preliminary order within 60 days.  The Commission shall make a final decision on reimposition of regulatory requirements within seven months of the Department's request or of the date of commencement of its own investigation.  A preliminary or final order shall be after public notice and hearing.

   Added 1987, No. 87 , § 7.

§ 227b. Wireless telecommunications.

1. 1. The Secretary of Administration is designated as the exclusive agent for the State of Vermont to contract for the use of State-owned buildings, structures, and land for wireless, two-way interactive telecommunications facilities. The Secretary is granted the power to contract or grant a lease or license of up to 25 years for such buildings, structures, and land for such purposes. The provisions of this section shall apply to all State-owned buildings, structures, and land, including such property owned or managed by the Department of Buildings and General Services, the Agency of Transportation, the Department of Public Safety, and the Agency of Natural Resources. (a) (1)  The Secretary of Administration is designated as the exclusive agent for the State of Vermont to contract for the use of State-owned buildings, structures, and land for wireless, two-way interactive telecommunications facilities. The Secretary is granted the power to contract or grant a lease or license of up to 25 years for such buildings, structures, and land for such purposes. The provisions of this section shall apply to all State-owned buildings, structures, and land, including such property owned or managed by the Department of Buildings and General Services, the Agency of Transportation, the Department of Public Safety, and the Agency of Natural Resources.
   2. The Secretary is granted all powers necessary to carry out his or her responsibilities under this section. Notwithstanding any other provision of law, the powers granted to the Secretary under this section relating to wireless telecommunications facilities shall supersede the authority granted to any other State official or agency relating to such facilities. The powers granted by this section shall not affect the Secretary's duty, and any duty of the facility owner, to seek and obtain any applicable gubernatorial, quasi-judicial, or legislative review, approval, or permit required by law, including as necessary permits under 10 V.S.A. chapter 151 (Act 250), local planning and zoning permits, a certificate of public good under section 248a of this title, and legislative approval under 29 V.S.A. § 166 (sale or long-term lease of State lands), 10 V.S.A. § 2606 (exchange or lease of State forests and parks), or 10 V.S.A. § 2606 a (State-owned mountaintop use as communications sites). A decision by the Secretary to contract or enter into or renew a lease or license for the use of a State-owned building, structure, or land for a wireless telecommunications facility shall have no presumptive or binding effect with respect to the facility's compliance with the standards or criteria used in determining whether to grant any such required approval or permit.
   3. The Secretary shall consult with all affected State officials and agencies concerning each proposed use of State properties for wireless telecommunications facilities to determine the compatibility of the particular building, structure, or parcel of land to accommodate such facilities, and to determine and give due consideration to the compatibility of the proposed use with the approved long-term management plan for the property under consideration, but the approval of such officials or agencies is not required for the Secretary to exercise his or her powers under this section. In the case of lands managed by the Agency of Natural Resources, the Secretary shall determine that the use is consistent with any management plan to which the lands are subject.
2. The Secretary of Administration shall develop a standard contract and a standard contracting procedure for the use of State-owned buildings and land for wireless telecommunications facilities. The contract and contracting procedure shall provide for:
   1. criteria and procedures for making a wireless facility development proposal;
   2. final consideration of each completed facility development proposal within 60 days of the proposal's submission in the manner prescribed by the Secretary;
   3. appropriate public benefits as compensation for the use of State properties, including public use of increased telecommunications capacity, direct compensation, or other public benefits;
   4. in the event that a wireless telecommunications facility is abandoned, the restoration of the site to a natural state within 12 months following abandonment. For the purpose of this subdivision, "natural state" does not require the removal of equipment and material buried more than 12 inches below natural grade if the equipment and material do not constitute hazardous material as defined under 10 V.S.A. § 6602(16) , and the Secretary concludes that in the context of a particular site, removal of such equipment and material is not necessary to satisfy the purposes of this subsection. Nothing in this subdivision shall constitute authority to dispose of or bury waste or other material in contradiction of applicable law;
   5. encouragement of competition in wireless telecommunications, including requirements for open access for competing providers;
   6. encouragement of the use of advanced technology, and the collocation of facilities whenever feasible, in order that the number of wireless telecommunications facilities can be minimized or reduced;
   7. terms and conditions requiring certification by the owners of wireless telecommunications facilities on State-owned buildings, structures, or land that such facilities have been installed, operated, and maintained in accordance with applicable federal and State safety standards; and
   8. the retaining of a portion of revenues accruing from the lease of State-owned buildings, structures, or lands, as determined by the Secretary of Administration, by departments with management responsibility for such buildings, structures, or lands in order to cover operating and maintenance costs associated with two-way, interactive telecommunications facilities.
3. By January 15, 2012, and by January 15 in the next succeeding three years, the Secretary of Administration shall report to the Chairs of the House Committee on Commerce and Economic Development and the Senate Committee on Finance concerning the Secretary's activities under this section.
4. In the event of a conflict between the provisions of this section and any other provision of law relating to the use of State-owned buildings, structures, and land, including the provisions of 29 V.S.A. § 165 , and 19 V.S.A. § 26a , the provisions of this section shall control.

   Added 1995, No. 168 (Adj. Sess.), § 1; amended 1997, No. 150 (Adj. Sess.), § 21; 2011, No. 53 , § 13, eff. May 27, 2011.

§ 227c. Nondominant carriers.

1. The Commission may modify, reduce, or suspend the requirements under this title as applied to nondominant providers of telecommunications service. The Commission may act by rule, or, after notice and opportunity for hearing, it may act by order. The modifications, reductions, or suspensions may apply to one or more classes of nondominant providers, and may apply differently to each class. The Commission may modify, suspend, or reduce any or all of the regulatory requirements under sections 104, 105, 107-109, 225, 226, subsection 227(a), and sections 229 and 311 of this title.
2. In determining whether a carrier or class of carriers is nondominant, the Commission shall consider whether the carriers have sufficient market power to set prices for the market.
3. In determining whether to modify, reduce, or suspend regulatory requirements, the Commission shall consider whether competition in the market combined with the remaining requirements under this title:
   1. will be sufficient to ensure that the charges, practices, classifications, or regulations related to the service are just and reasonable, and are not unjustly or unreasonably discriminatory; and
   2. will afford the public at least as much protection as the applicable regulatory requirements being suspended or reduced.
4. Upon petition of the Department, the Commission shall, and upon its own initiative the Commission may, investigate whether it should reimpose any regulatory requirements which it has modified, suspended, or reduced under this section. If the Commission finds, after notice and an opportunity for hearing, and after considering the factors identified in subsection (c) of this section, that the public is not sufficiently protected, the Commission may reimpose any regulatory provisions that the Commission deems necessary. Pending any final order, the Commission may reimpose any regulatory requirements on a temporary basis as it determines is just and reasonable.

   Added 1999, No. 67 (Adj. Sess.), § 3.

§ 227d. Small eligible telecommunications carriers.

1. A carrier which serves fewer than 10 percent of subscriber lines installed in the aggregate statewide and has been designated as an eligible telecommunications carrier in a service area where a competitive eligible telecommunications carrier has also been designated may, by providing written notice to the Public Utility Commission and to the Department of Public Service, elect to be exempted from one or more of the regulatory requirements under sections 104, 105, 108, 225, 226, 227, 229, and 230 of this title, except for purposes of E-911 services, for switched or dedicated access to the local exchange by providers of long distance telephone service or for rates for utility pole attachments. For the purposes of this subsection, "eligible telecommunications carrier" means a telecommunications carrier designated eligible pursuant to 47 U.S.C. § 214(e) .
2. For any carrier that elects exemption under subsection (a) of this section:
   1. The carrier shall provide notice of its election to its existing customers within 30 days of its election and to any new customer at the time the new customer requests service from the carrier.
   2. The carrier shall maintain rate schedules and upon request shall provide notice of any change to such rate schedules to the Commission and the Department for informational purposes only.
      1. Notice of increases of rates for services offered by the carrier on or before June 30, 2005, shall be made at least 30 days in advance to the Commission and Department.
      2. The carrier shall not withdraw any service subject to the jurisdiction of the Commission which it offered on June 30, 2005, without at least 30 days' advance notice to customers, the Commission, and the Department.
      3. Rate schedules which are exempted from approval by the Commission under this section shall not have the effect of a tariff.
   3. The Commission shall have continuing regulatory authority over any matter under its jurisdiction for which the authority of the Commission is not specifically limited by this section.
   4. The carrier shall not condition the purchase of basic exchange telecommunications service upon the purchase or subscription to bundles of or any combination of telecommunication services other than the one access line required for the provision of such service.
   5. The carrier shall limit its prices as follows:
      1. the carrier shall not increase its price for basic exchange telecommunications service during the first year following such election; during the second and third years following the end of the year in which the carrier has made such election, the carrier shall not increase its price for basic exchange telecommunications service by more than nine percent or by $1.50, whichever is less; and during the fourth and fifth years following the end of the year in which the carrier has made such election, the carrier shall not increase its price for basic exchange telecommunications service by more than 11 percent or by $2.00, whichever is less;
      2. the carrier shall not increase its prices for local measured service during the first two years following such election;
      3. the carrier shall not increase its price for nonbasic telecommunications services by more than nine percent during the first two years following such election; provided that, for the purposes of this section, nonbasic telecommunications services shall mean any optional telecommunications services other than basic exchange telecommunications services and local measured service that were included in the carrier's intrastate tariff at the time of the election;
      4. the carrier shall not increase its intrastate switched access rates for the three years following the end of the year in which the carrier has made such election.
   6. The maximum prices established under subdivision (5) of this subsection may be exceeded only when it is necessary for the carrier to address an exogenous event. As used in this subsection, the term "exogenous event" means an event beyond the control of the carrier which is limited to:
      1. changes in tax laws that are unique to the telecommunications industry which materially increase the costs or reduce the revenues of local exchange services in excess of 10 percent in a single year, except if costs or revenue changes are less than 10 percent, then as may be approved by the Commission;
      2. changes in generally accepted accounting principles that apply specifically to telecommunications carriers or changes in the Federal Communications Commission's Uniform System of Accounts which materially increase the costs or reduce the revenues of local exchange services in excess of 10 percent in a single year, except if costs or revenue changes are less than 10 percent, then as may be approved by the Commission;
      3. changes in the Federal Communications Commission's rules pertaining to jurisdictional separations which materially increase the costs or reduce the revenues of local exchange services in excess of 10 percent in a single year, except if less than 10 percent, then as may be approved by the Commission;
      4. regulatory, judicial, or legislative changes affecting telecommunications carriers, including rules and orders that are necessary to implement such changes, including intercarrier compensation, universal service support, and revenue-neutral restructuring of a regulated intrastate telecommunications product or service which materially increase the costs or reduce the revenues of local exchange services in excess of 10 percent in a single year, except if costs or revenue changes are less than 10 percent, then as may be approved by the Commission; or
      5. changes in inflation, changes in the economy, or the effects of competition that produce an increase in costs or a decrease in revenues in excess of 15 percent in a single year.
   7. If the carrier responds to an exogenous event with a price increase that exceeds the maximum prices defined in subdivision (5) of this subsection, the carrier shall provide notice of such change to the Public Utility Commission and to the Department of Public Service. The Commission, upon its own motion or upon the recommendation of the Department, may initiate an investigation. If the Commission does not initiate an investigation within a 30-day period, the price increase shall take effect. If the Commission determines to initiate an investigation, it shall give notice of that decision to the carrier and to the Department and may suspend the portion of the price that exceeds the cap. The Commission shall conclude its investigation within 120 days of issuance of its notice of investigation or within such shorter period as it deems appropriate. If the Commission fails to issue a decision within that 120-day period, the price increase shall become effective upon the 121st day without retroactive rate adjustments.
   8. Regulated intrastate telecommunications products or services that were not offered under the carrier's rate schedules effective at the time of the election for exemption under subsection (a) of this section shall constitute new products and services and, as such, shall not be subject to the caps described in subdivision (5) of this subsection. The carrier shall file rate schedules for new products and services and special contracts with the Commission and the Department of Public Service, which shall take effect upon filing. New products and services may include:
      1. services that were not technologically feasible prior to the carrier's election;
      2. any combination of new or existing products or services;
      3. promotional offerings;
      4. bundles of services, regardless of whether such bundles are comprised of regulated or unregulated services or a combination thereof;
      5. special contracts that are offered to individuals or groups of customers and executed after the carrier elects the exemption provided under subsection (a) of this section.
3. Upon petition by the Department, the Commission shall and upon its own initiative the Commission may investigate whether it should impose or reimpose any regulatory requirements which the carrier has elected out of pursuant to subsection (a) of this section. If the Commission finds, after notice and an opportunity for hearing, and, after considering the factors identified in subsection 227c(c) of this title, that the public is not sufficiently protected, the Commission may impose or reimpose any of the regulatory provisions listed in subsection (a) of this section. Pending any final order and subject to the provisions of section 12 of this title, the Commission may impose or reimpose any of the regulatory provisions listed in subsection (a) of this section on a temporary basis as it determines is just and reasonable. Upon petition of the carrier and after notice and opportunity for hearing, the Commission may modify, reduce, or suspend any regulatory requirement it has reimposed on the carrier.

   Added 2005, No. 73 , § 1; amended 2007, No. 79 , §§ 17a, 17b, eff. June 9, 2007; 2007, No. 95 (Adj. Sess.), § 1, eff. May 24, 2008.

§ 227e. Leasing or licensing of State land; public notice.

1. Beginning July 1, 2011, State land may not be leased or licensed for the purpose of construction or installation of a wireless telecommunications facility, as defined in subsection 248a(b) of this title, unless authorized by the Secretary of Administration pursuant to the requirements of this section. For purposes of this section, "State land" means land owned in fee or interests in land owned by the Agency of Natural Resources. No initial lease or license, including any renewal thereof, entered into pursuant to this section shall exceed 25 years.
2. Prior to entering into or renewing a lease or license, the Secretary shall:
   1. publish notice of the proposed telecommunications facility site in one daily newspaper of general circulation in the region of the proposed site and on the website maintained by the Agency of Administration, with appropriate hyperlinks to that website on all relevant, State-maintained websites; and
   2. send by certified mail, return receipt requested, a written notice of the proposed lease or license or renewal to the legislative body of each municipality in which such leased or licensed land is located. The notice shall include a description of the land to be leased or licensed and of the proposed telecommunications facility to be sited on the land, including the facility's height and location.

      Added 2011, No. 53 , § 12, eff. May 27, 2011.

§ 228. Copy of schedules.

Each company, subject to the provisions of this chapter, shall keep on file in every station or office thereof where payments are made by consumers or users a copy printed in plain type of so much of its schedules as the Commission shall deem necessary. Such copy shall be in such form and place as to be readily accessible to inspection by the public.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

§ 229. Rebates; exceptions.

A public service company shall not directly or indirectly or by any special rate, rebate, drawback, or other device or method make any deviation from the rates, fares, charges, or prices for any service rendered by it or in services rendered or to be rendered in connection therewith, as specified in its schedules of charges in effect at the time such service was rendered. No public service company may enter into any contract, agreement, or arrangement relating to the furnishing or rendering of any special product or special service not provided for or covered in the schedule without the prior approval of the Commission. However, nothing herein shall prohibit the giving by any such public service company of free or reduced rate service to its employees, or in case of public emergency, or to the classes defined and provided for in the act of Congress entitled "An act to regulate commerce" and acts amendatory thereof. Subject to the approval of the Commission, it shall be lawful for any public utility to make a contract for a definite term for its product or service.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1961, No. 263 , § 5, eff. July 31, 1961.

§ 230. Special rate or rebate; penalty.

Except as provided in section 229 of this title, an officer or employee of such public service company who grants a special rate or rebate or knowingly consents thereto shall be subject to a civil penalty imposed by the Commission, after notice and an opportunity for hearing, of not less than $100.00 nor more than $1,000.00. In addition, such company granting a special rate or rebate shall be subject to a civil penalty imposed by the Commission, after notice and opportunity for hearing, of not more than the larger of $10,000.00 or five times the amount of the benefit or rebate.

Amended 1961, No. 263 , § 6, eff. July 31, 1961; 1995, No. 99 (Adj. Sess.), § 8.

§ 231. Certificate of public good; abandonment of service; hearing.

1. A person, partnership, unincorporated association, or previously incorporated association that desires to own or operate a business over which the Public Utility Commission has jurisdiction under the provisions of this chapter shall first petition the Commission to determine whether the operation of such business will promote the general good of the State, and shall at that time file a copy of any such 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. Such 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 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 hearing will occur. 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 Director for Public Advocacy shall represent the public at the hearing. If the Commission finds that the operation of such business will promote the general good of the State, it shall give such person, partnership, unincorporated association, or previously incorporated association a certificate of public good specifying the business and territory to be served by such petitioners. For good cause, after 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 person, partnership, unincorporated association, or previously incorporated association shall no longer have authority to conduct any business which 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.
2. A company subject to the general supervision of the Public Utility Commission under section 203 of this title may not abandon or curtail any service subject to the jurisdiction of the Commission or abandon all or any part of its facilities if it would in doing so effect the abandonment, curtailment, or impairment of the service, without first obtaining approval of the Public Utility Commission, after notice and opportunity for hearing, and upon finding by the Commission that the abandonment or curtailment is consistent with the public interest; provided, however, this section shall not apply to disconnection of service pursuant to valid tariffs or to rules adopted under subsections 209(b) and (c) of this title.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1975, No. 212 (Adj. Sess.), § 2; 1979, No. 204 (Adj. Sess.), § 34, eff. Feb. 1, 1981; 1987, No. 87 , § 8; 1995, No. 99 (Adj. Sess.), § 9; 1999, No. 157 (Adj. Sess.), § 10; 2017, No. 53 , § 6.

§ 231a. Registration of billing aggregators.

1. Definitions.  As used in this section, unless the context otherwise indicates:
   1. "Bill" means a direct statement of payments due and any other form of notice soliciting payment.
   2. "Billing agent" means a local exchange carrier or other person offering telecommunications service who includes in a bill it sends to a customer a charge for a product or service offered by a service provider.
   3. "Billing aggregator" means any person, other than a service provider, who forwards the charge for a product or service offered by a service provider to a billing agent.
   4. "Service provider" means any person, other than the billing agent, that offers a product or service to a customer, the charge for which appears on the bill of a billing agent.
   5. "Telecommunications carrier" means a company subject to the jurisdiction of the Public Utility Commission under subdivision 203(5) of this title.
   6. "Unauthorized service" means the provision of any service or product by a service provider that a customer has not authorized, and for which a charge appears on the customer's telephone bill. Charges for collect calls shall be exempt from this section.
2. Registration requirements.  Except as provided in this subsection, no billing aggregator may forward charges for a service or product offered by a service provider to a billing agent for presentation to a customer, unless the billing aggregator is registered with the Public Utility Commission. A registration properly filed with the Public Utility Commission takes effect 14 days after the filing date, unless the Department of Public Service objects to the registration and provides notice of its objection to the registrant within the 14 days. If the Department of Public Service objects to the registration, the registration does not become effective, unless expressly approved by the Public Utility Commission. The Public Utility Commission shall offer a person whose registration has been rejected an opportunity for a hearing. A registration, once effective, remains effective until revoked by the Public Utility Commission or surrendered by the holder. A company that provides telecommunications service in this State pursuant to a certificate of public good or equivalent authority under this title is not required to be registered under this subsection.
3. Revocation of registration; notice.
   1. After opportunity for hearing, the Public Utility Commission may revoke the registration of a billing aggregator who has:
      1. provided false or deceptive information in registering under this section;
      2. knowingly, negligently, or repeatedly forwarded a charge to a billing agent for a product or service that the consumer did not authorize;
      3. failed to provide a notice to customers as required by rule or order of the Public Utility Commission, or otherwise failed to comply with a rule or order of the Public Utility Commission; or
      4. engaged in any other false or deceptive practices.
   2. Immediately following a revocation of registration under this subsection, the Public Utility Commission shall provide notice of the revocation, in a form and manner established by the Public Utility Commission by rule, to all telecommunications carriers doing business in this State.
4. Procedure upon complaint.  If a customer of a telecommunications carrier claims that a charge for an unauthorized service has been included in the customer's telephone bill, the telecommunications carrier shall immediately suspend collection efforts on that portion of the customer's bill. The telecommunications carrier shall either cease collection efforts entirely with regard to the disputed charge or request evidence from the billing aggregator that the customer authorized the service for which payment is sought. If the telecommunications carrier ceases collection efforts or sufficient evidence of customer authorization is not presented to the telecommunications carrier within a reasonable time, the telecommunications carrier shall immediately remove any charges associated with the unauthorized service from the customer's bill and refund to the customer any amounts paid for the unauthorized service that were billed by the telecommunications carrier during the six months prior to the customer's complaint. If sufficient evidence of customer authorization is provided to the telecommunications carrier, the telecommunications carrier may restore the charges on the customer's bill and reinstitute collection efforts. The customer or the billing aggregator may appeal the telecommunications carrier's determination to the Public Utility Commission.
5. Enforcement authority.  In addition to any other authority the Public Utility Commission may have pursuant to other law, the Public Utility Commission may enforce the provisions of this section in accordance with this subsection:
   1. In an adjudicatory proceeding, the Public Utility Commission may impose an administrative penalty upon the following entities for the following violations:
      1. a billing aggregator who forwards charges to a billing agent for an unauthorized product or service;
      2. a billing aggregator who is required to be registered under subsection (b) of this section and who is not properly registered pursuant to that subsection and who forwards charges for a product or service that appear on the bill of a billing agent;
      3. a billing agent who knowingly bills on behalf of a billing aggregator who is required to be registered under subsection (b) of this section and who is not properly registered pursuant to that subsection at the time the bill which is to be sent to the customer is generated, except that a billing agent who bills on behalf of a billing aggregator whose registration has been revoked shall not be subject to administrative penalty if the bill which is to be sent to the customer was generated within 14 days of the revocation of the registration and the billing agent did not have actual notice of the revocation;
      4. a telecommunications carrier that, without having first obtained evidence of authorization that the telecommunications carrier believed in good faith to be sufficient, does not remove the charges for any service which is the subject of a complaint under subsection (d) of this section and does not refund to the customer any amounts paid for the unauthorized service that were billed by the telecommunications carrier during the six months prior to the customer's complaint. For purposes of this section, evidence that a call was dialed from the number that is the subject of the charge shall be considered sufficient evidence of authorization for that call.
   2. The amount of any administrative penalty imposed under subdivision (1) of this subsection may not exceed $1,000.00 per violation arising out of the same incident or complaint, and must be based on:
      1. the severity of the violation, including the intent of the violator, the nature, circumstances, extent, and gravity of any prohibited acts;
      2. the history of previous violations; and
      3. the amount necessary to deter future violations.
6. Rulemaking.  The Public Utility Commission shall adopt such rules as it deems necessary to implement this section.

   Added 1999, No. 67 (Adj. Sess.), § 4.

§ 232. Sales, leases, pledges, bonds, notes; hearings.

1. Except in connection with replacement or exchange, an individual, partnership, or unincorporated association conducting such public service business shall not make a sale or lease or series of sales or leases in any one calendar year constituting 10 percent or more of its property located within this State and actually used in or required for public service operations or mortgage or pledge any of its property or issue any bonds, notes, or other evidences of indebtedness without the consent of the Public Utility Commission, given on petition and after opportunity for hearing and a finding that the same will promote the general good of the State. Notice of such hearing shall be given as the Commission directs.
2. Notwithstanding subsection (a) of this section, an individual, partnership, or unincorporated association may issue evidences of indebtedness payable within one year from date of issue without such consent provided such borrowing is necessary as an emergency to restore service immediately after disaster or provided its total evidences of indebtedness so payable within one year do not exceed 20 percent of its total assets. If such evidences of indebtedness in an amount which would cause its total evidences of indebtedness so payable within one year to exceed 20 percent of its total assets, then it shall give the Commission notice in writing of its intention so to do at least 10 days before the date of the proposed issue. If the Commission determines after considering the notice and the said individual, partnership, or unincorporated association's report to the Commission that further inquiry is warranted, it shall order such individual, partnership, or unincorporated association not to issue such evidences of indebtedness under this subsection without the consent of the Commission given after opportunity for hearing, provided, however, that if the Commission does not make such an order within 10 days from the time it receives such notice under this subsection, then the individual, partnership, or unincorporated association may issue such evidences of indebtedness without the consent of the Public Utility Commission, and the Commission shall so notify such individual, partnership, or unincorporated association in writing.
3. Nothing in this section shall restrict the right of a common carrier by motor vehicle to issue evidences of indebtedness payable within one year from the date of issue without prior notice to or consent by the Commission.

   Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1993, No. 21 , § 9, eff. May 12, 1993.

§ 233. Repealed. 1995, No. 99 (Adj. Sess.), § 16(1).

§ 234. Appeal.

A person, partnership, or unincorporated association aggrieved by any act or order of the Public Utility Commission may transfer such cause to the Supreme Court under the provisions of section 12 of this title.

Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

§ 235. Heating and process fuel efficiency program.

1. After consultation with fuel dealers, any appointed efficiency entity, financial institutions, the Commission, representatives of the weatherization program, and other stakeholders, the Department of Public Service shall propose, develop, solicit, and monitor any combination of energy efficiency and conservation programs, measures, and compensation mechanisms to provide fuel efficiency services on a statewide basis for Vermont heating or process fuel consumers. The Department shall select one or more service providers as needed and pursuant to a competitive bidding process to implement those programs, measures, or compensation mechanisms by means of performance-based contracts that are based upon verified savings in energy usage and demand, and other performance targets. The contracts entered into during the first year after March 19, 2008 shall be for a period of time of no greater than three years. Those programs, measures, and compensation mechanisms shall include fuel efficiency services that:
   1. produce whole building and process heat efficiency, regardless of the fuel type used;
   2. facilitate appropriate fuel switching; and
   3. promote coordination, to the fullest practical extent, with the electric efficiency programs established and administered pursuant to this chapter, as well as with low-income weatherization programs and any utility energy efficiency programs.
2. Prior to the Department of Public Service entering a contract with service providers under this section and after such notice and hearings as it may require, the Public Utility Commission shall review the programs, measures, and compensation mechanisms selected by the Department to determine whether these programs, measures, and compensation mechanisms promote the public good. The Commission may alter or impose conditions on any combination of these programs, measures, or compensation mechanisms as it deems necessary to promote the public good. If the Department thereafter changes the programs, measures, or compensation mechanisms, it shall request review under this section by the Commission prior to implementing those changes.
3. Funding for the program established under this section shall be provided from the Fuel Efficiency Fund established under section 203a of this title. During fiscal year 2009, any contracts or grants to be made from the Fund for other than administrative purposes shall be subject to appropriation by the General Assembly. The Department shall provide the Joint Fiscal Committee, at the Committee's November 2008 meeting, with a preliminary report on the program to be presented to the Public Utility Commission.
4. The Department, subject to the oversight of the Commission, shall:
   1. Ensure that all retail consumers, regardless of retail electricity, gas, or heating or process fuel provider, will have an opportunity to participate in and benefit from a comprehensive set of cost-effective energy efficiency programs and initiatives designed to overcome barriers to participation.
   2. Require that continued or improved efficiencies be made in the production, delivery, and use of energy efficiency services, including the use of compensation mechanisms that are based upon verified savings in energy usage and demand, and other performance targets specified by the Commission. The linkage between compensation and verified savings in energy usage and demand (and other performance targets) shall be reviewed and adjusted not less than triennially by the Commission.
   3. Build on the energy efficiency expertise and capabilities that have developed or may develop in the State.
   4. Promote program initiatives and market strategies that address the needs of persons or businesses facing the most significant barriers to participation.
   5. Promote coordinated program delivery, including coordination with low-income weatherization programs, other efficiency programs, and utility programs.
   6. Consider innovative approaches to delivering energy efficiency, including strategies to encourage third-party financing and customer contributions to the cost of efficiency measures.
   7. Provide a reasonably stable multiyear budget and planning cycle in order to promote program improvement, program stability, enhanced access to capital and personnel, improved integration of program designs with the budgets of regulated companies providing energy services, and maturation of programs and delivery resources.
   8. Develop and approve programs, measures, and delivery mechanisms that reasonably reflect current and projected market conditions, technological options, and environmental benefits.
   9. Provide for delivery of these programs as rapidly as possible, taking into consideration the need for these services, and cost-effective delivery mechanisms.
   10. Provide for the independent evaluation of programs delivered under this section.
   11. Require that any service provider under this section deliver programs in an effective, efficient, timely, and competent manner and meet standards that are consistent with those in section 218c of this title, the Board's orders in Public Service Board docket 5270, and any relevant Board orders in subsequent energy efficiency proceedings.
   12. Require verification, on or before January 1, 2011, and every three years thereafter, by an independent auditor of the reported energy and capacity savings and cost-effectiveness of programs delivered by any entity selected to be a service provider under this section.
   13. Ensure that any energy efficiency program implemented under this section shall be reasonable and cost-effective.
   14. Consider the impact of programs delivered under this section on the amount of fuel used, fuel prices, and fuel bills.
   15. Ensure that the energy efficiency programs implemented under this section are designed to make continuous and proportional progress toward attaining the overall State building efficiency goals established by 10 V.S.A. § 581 , by promoting all forms of energy end-use efficiency and comprehensive sustainable building design.
5. Any disputes under this section shall be resolved by the Commission.

   Added 2007, No. 92 (Adj. Sess.), § 15.

§§ 236-245. Repealed. 1985, No. 224 (Adj. Sess.), § 8.

§ 246. Temporary siting of meteorological stations.

1. As used in this section, a "meteorological station" consists of one temporary tower, which may include guy wires, and attached instrumentation to collect and record wind speed, wind direction, and atmospheric conditions.
2. The Public Utility Commission shall establish by rule or order standards and procedures governing application for, and issuance or revocation of, a certificate of public good for the temporary installation of one or more meteorological stations under the provisions of section 248 of this title. A meteorological station shall be deemed to promote the public good of the State if it is in compliance with the criteria of this section and the Commission's rules or orders. An applicant for a certificate of public good for a meteorological station shall be exempt from the requirements of subsection 202(f) of this title.
3. In developing rules or orders, the Commission:
   1. Shall develop a simple application form and shall require that the applicant first file the application with the Commission and that, within two business days of notification from the Commission that the application is complete, the applicant serve copies of the complete application on the Department of Public Service, the Agency of Natural Resources, the Agency of Transportation, and the municipality in which the meteorological station is proposed to be located.
   2. Shall require that if no objections are filed within 30 days of the date of service of the complete application under subdivision (1) of this subsection, and the Commission determines that the applicant has met all of the requirements of section 248 of this title, the certificate of public good shall be issued for a period that the Commission finds reasonable, but in no event for more than five years. Upon request of an applicant, the Commission may renew a certificate of public good. Upon expiration of the certificate, the meteorological station and all associated structures and material shall be removed, and the site shall be restored substantially to its preconstruction condition.
   3. May waive the requirements of section 248 of this title that are not applicable to meteorological stations, including criteria that are generally applicable to public service companies as defined in this title. The Commission shall not waive review regarding whether construction will have an undue adverse effect on aesthetics, historic sites, air and water purity, the natural environment, and the public health and safety.
   4. Shall seek to simplify the application and review process, as appropriate, in conformance with this section.
4. A proposal for decision shall be issued within five months of when the Commission receives a completed application for a certificate of public good for the temporary installation of one or more meteorological stations under the provisions of section 248 of this title.
5. Notwithstanding any contrary provisions of this section, the holder of a certificate of public good for a constructed meteorological station may apply under section 248a of this title or 10 V.S.A. chapter 151 to convert the station to a wireless telecommunications facility, provided the application is filed at least 90 days before the expiration of the certificate for the station. Any such application shall constitute a new application to be reviewed under the facts and circumstances as they exist at the time of the review.

   Added 2007, No. 92 (Adj. Sess.), § 17; amended 2011, No. 62 , § 35; 2015, No. 41 , § 13, eff. June 1, 2015; 2017, No. 53 , § 2.

§ 247. Penalty.

In addition to any civil penalty imposed under section 30 and section 230 of this title, any person, partnership, unincorporated association, company, or corporation, or the officers of any unincorporated association, company, or corporation who violates section 230 or section 248 of this title shall be fined not more than $100.00 or imprisoned not more than 60 days, or both.

Amended 1995, No. 99 (Adj. Sess.), § 10.

§ 248. New gas and electric purchases, investments, and facilities; certificate of public good.

1. 1. No company, as defined in section 201 of this title, may: (a) (1)  No company, as defined in section 201 of this title, may:
      1. in any way purchase electric capacity or energy from outside the State:
         1. for a period exceeding five years, that represents more than three percent of its historic peak demand, unless the purchase is from a plant as defined in section 8002 of this title that produces electricity from renewable energy as defined under section 8002; or
         2. for a period exceeding 10 years, that represents more than 10 percent of its historic peak demand, if the purchase is from a plant as defined in section 8002 of this title that produces electricity from renewable energy as defined under section 8002; or
      2. invest in an electric generation facility, energy storage facility, or transmission facility located outside this State unless the Public Utility Commission first finds that the same will promote the general good of the State and issues a certificate to that effect.
   2. Except for the replacement of existing facilities with equivalent facilities in the usual course of business, and except for electric generation or energy storage facilities that are operated solely for on-site electricity consumption by the owner of those facilities and for hydroelectric generation facilities subject to licensing jurisdiction under the Federal Power Act, 16 U.S.C. chapter 12, subchapter 1:
      1. no company, as defined in section 201 of this title, and no person, as defined in 10 V.S.A. § 6001 (14), may begin site preparation for or construction of an electric generation facility, energy storage facility, or electric transmission facility within the State that is designed for immediate or eventual operation at any voltage; and
      2. no such company may exercise the right of eminent domain in connection with site preparation for or construction of any such transmission facility, energy storage facility, or generation facility, unless the Public Utility Commission first finds that the same will promote the general good of the State and issues a certificate to that effect.
   3. No company, as defined in section 201 of this title, and no person, as defined in 10 V.S.A. § 6001 (14), may in any way begin site preparation for or commence construction of any natural gas facility, except for the replacement of existing facilities with equivalent facilities in the usual course of business, unless the Public Utility Commission first finds that the same will promote the general good of the State and issues a certificate to that effect pursuant to this section.
      1. For the purposes of this section, the term "natural gas facility" shall mean any natural gas transmission line, storage facility, manufactured-gas facility, or other structure incident to any such line or facility.  For purposes of this section, a "natural gas transmission line" shall include any feeder main or any pipeline facility constructed to deliver natural gas in Vermont directly from a natural gas pipeline facility that has been certified pursuant to the Natural Gas Act, 15 U.S.C. § 717 et seq.
      2. For the purposes of this section, the term "company" shall not include a "natural gas company" (including a "person which will be a natural gas company upon completion of any proposed construction or extension of facilities"), within the meaning of the Natural Gas Act, 15 U.S.C. § 717 et seq.; provided however, that the term "company" shall include any "natural gas company" to the extent it proposes to construct in Vermont a natural gas facility that is not solely subject to federal jurisdiction under the Natural Gas Act.
      3. The Public Utility Commission shall have the authority to, and may in its discretion, conduct a proceeding, as set forth in subsection (h) of this section, with respect to a natural gas facility proposed to be constructed in Vermont by a "natural gas company" for the purpose of developing an opinion in connection with federal certification or other federal approval proceedings.
   4. 1. With respect to a facility located in the State, in response to a request from one or more members of the public or a party, the Public Utility Commission shall hold a nonevidentiary public hearing on a petition for such finding and certificate in at least one county in which any portion of the construction of the facility is proposed to be located. The Commission in its discretion may hold a nonevidentiary public hearing in the absence of any request from a member of the public or a party. From the comments made at a public hearing, the Commission shall derive areas of inquiry that are relevant to the findings to be made under this section and shall address each such area in its decision. Prior to making findings, if the record does not contain evidence on such an area, the Commission shall direct the parties to provide evidence on the area. This subdivision does not require the Commission to respond to each individual comment. (4) (A) With respect to a facility located in the State, in response to a request from one or more members of the public or a party, the Public Utility Commission shall hold a nonevidentiary public hearing on a petition for such finding and certificate in at least one county in which any portion of the construction of the facility is proposed to be located. The Commission in its discretion may hold a nonevidentiary public hearing in the absence of any request from a member of the public or a party. From the comments made at a public hearing, the Commission shall derive areas of inquiry that are relevant to the findings to be made under this section and shall address each such area in its decision. Prior to making findings, if the record does not contain evidence on such an area, the Commission shall direct the parties to provide evidence on the area. This subdivision does not require the Commission to respond to each individual comment.
      2. The Public Utility Commission shall hold evidentiary hearings at locations that it selects in any case conducted under this section in which contested issues remain or when any party to a case requests that an evidentiary hearing be held. In the event a case is fully resolved and no party requests a hearing, the Commission may exercise its discretion and determine that an evidentiary hearing is not necessary to protect the interests of the parties or the public, or for the Commission to reach its decision on the matter.
      3. Within two business days of notification from the Commission that the petition is complete, the petitioner shall serve copies of the complete petition on the Attorney General and the Department of Public Service, and, with respect to facilities within the State, the Department of Health; Agency of Natural Resources; Historic Preservation Division; Agency of Transportation; Agency of Agriculture, Food and Markets; and to the chair or director of the municipal and regional planning commissions and the municipal legislative body for each town and city in which the proposed facility will be located.
      4. Notice of the public hearing shall be published and maintained on the Commission's website for at least 12 days before the day appointed for the hearing. Notice of the public hearing shall be published once in a newspaper of general circulation in the county or counties in which the proposed facility will be located, and the notice shall include an Internet address where more information regarding the proposed facility may be viewed.
      5. The Agency of Natural Resources shall appear as a party in any proceedings held under this subsection, shall provide evidence and recommendations concerning any findings to be made under subdivision (b)(5) of this section, and may provide evidence and recommendations concerning any other matters to be determined by the Commission in such a proceeding.
      6. The following shall apply to the participation of the Agency of Agriculture, Food and Markets in proceedings held under this subsection:
         1. In any proceeding regarding an electric generation facility that will have a capacity greater than 500 kilowatts and will be sited on a tract containing primary agricultural soils as defined in 10 V.S.A. § 6001, the Agency shall appear as a party and provide evidence and recommendations concerning any findings to be made under subdivision (b)(5) of this section on those soils, and may provide evidence and recommendations concerning any other matters to be determined by the Commission in such a proceeding.
         2. In a proceeding other than one described in subdivision (i) of this subdivision (4)(F), the Agency shall have the right to appear and participate.
      7. The regional planning commission for the region in which the facility is located shall have the right to appear as a party in any proceedings held under this subsection. The regional planning commission of an adjacent region shall have the same right if the distance of the facility's nearest component to the boundary of that planning commission is within 500 feet or 10 times the height of the facility's tallest component, whichever is greater.
      8. The legislative body and the planning commission for the municipality in which a facility is located shall have the right to appear as a party in any proceedings held under this subsection. The legislative body and planning commission of an adjacent municipality shall have the same right if the distance of the facility's nearest component to the boundary of that adjacent municipality is within 500 feet or 10 times the height of the facility's tallest component, whichever is greater.
      9. When a person has the right to appear as a party in a proceeding before the Commission under this chapter, the person may exercise this right by filing a letter with the Commission stating that the person appears through the person's duly authorized representative, signed by that representative.
      10. This subdivision (J) applies to an application for an electric generation facility with a capacity that is greater than 50 kilowatts, unless the facility is located on a new or existing structure the primary purpose of which is not the generation of electricity. In addition to any other information required by the Commission, the application for such a facility shall include information that delineates:
          1. the full limits of physical disturbance due to the construction and operation of the facility and related infrastructure, including areas disturbed due to the creation or modification of access roads and utility lines and the clearing or management of vegetation;
          2. the presence and total acreage of primary agricultural soils as defined in 10 V.S.A. § 6001 on each tract to be physically disturbed in connection with the construction and operation of the facility, the amount of those soils to be disturbed, and any other proposed impacts to those soils;
          3. all visible infrastructure associated with the facility; and
          4. all impacts of the facility's construction and operation under subdivision (b)(5) of this section, including impacts due to the creation or modification of access roads and utility lines and the clearing or management of vegetation.
   5. The Commission shall adopt rules regarding standard conditions on postconstruction inspection and maintenance of aesthetic mitigation and on decommissioning to be included in certificates of public good for in-state facilities approved under this section. The purpose of these standard conditions shall be to ensure that all required aesthetic mitigation is performed and maintained and that facilities are removed once they are no longer in service.
   6. In any certificate of public good issued under this section for an in-state plant as defined in section 8002 of this title that generates electricity from wind, the Commission shall require the plant to install radar-controlled obstruction lights on all wind turbines for which the Federal Aviation Administration (FAA) requires obstruction lights, if the plant includes four or more wind turbines and the FAA allows the use of radar-controlled lighting technology.
      1. Nothing in this subdivision shall allow the Commission to approve obstruction lights that do not meet FAA standards.
      2. The purpose of this subdivision (6) is to reduce the visual impact of wind turbine obstruction lights on the environment and nearby properties. The General Assembly finds that wind turbine obstruction lights that remain illuminated through the night create light pollution. Radar-controlled obstruction lights are only illuminated when aircraft are detected in the area, and therefore the use of these lights will reduce the negative environmental impacts of obstruction lights.
   7. When a certificate of public good under this section or amendment to such a certificate is issued for an in-state electric generation or energy storage facility with a capacity that is greater than 15 kilowatts, the certificate holder within 45 days shall record a notice of the certificate or amended certificate, on a form prescribed by the Commission, in the land records of each municipality in which a facility subject to the certificate is located and shall submit proof of this recording to the Commission. The recording under this subsection shall be indexed as though the certificate holder were the grantor of a deed. The prescribed form shall not exceed one page and shall require identification of the land on which the facility is to be located by reference to the conveyance to the current landowner, the number of the certificate, and the name of each person to which the certificate was issued, and shall include information on how to contact the Commission to view the certificate and supporting documents.
2. Before the Public Utility Commission issues a certificate of public good as required under subsection (a) of this section, it shall find that the purchase, investment, or construction:
   1. With respect to an in-state facility, will not unduly interfere with the orderly development of the region with due consideration having been given to the recommendations of the municipal and regional planning commissions, the recommendations of the municipal legislative bodies, and the land conservation measures contained in the plan of any affected municipality. However:
      1. With respect to a natural gas transmission line subject to Commission review, the line shall be in conformance with any applicable provisions concerning such lines contained in the duly adopted regional plan; and, in addition, upon application of any party, the Commission shall condition any certificate of public good for a natural gas transmission line issued under this section so as to prohibit service connections that would not be in conformance with the adopted municipal plan in any municipality in which the line is located.
      2. With respect to a ground-mounted solar electric generation facility, the facility shall comply with the screening requirements of a municipal bylaw adopted under 24 V.S.A. § 4414(15) or a municipal ordinance adopted under 24 V.S.A. § 2291(28) , and the recommendation of a municipality applying such a bylaw or ordinance, unless the Commission finds that requiring such compliance would prohibit or have the effect of prohibiting the installation of such a facility or have the effect of interfering with the facility's intended functional use.
      3. With respect to an in-state electric generation facility, the Commission shall give substantial deference to the land conservation measures and specific policies contained in a duly adopted regional and municipal plan that has received an affirmative determination of energy compliance under 24 V.S.A. § 4352 . In this subdivision (C), "substantial deference" means that a land conservation measure or specific policy shall be applied in accordance with its terms unless there is a clear and convincing demonstration that other factors affecting the general good of the State outweigh the application of the measure or policy. The term shall not include consideration of whether the determination of energy compliance should or should not have been affirmative under 24 V.S.A. § 4352 .
   2. Is required to meet the need for present and future demand for service that could not otherwise be provided in a more cost-effective manner through energy conservation programs and measures and energy-efficiency and load management measures, including those developed pursuant to the provisions of subsection 209(d), section 218c, and subsection 218(b) of this title. In determining whether this criterion is met, the Commission shall assess the environmental and economic costs of the purchase, investment, or construction in the manner set out under subdivision 218c(a)(1) (least cost integrated plan) of this title and, as to a generation facility, shall consider whether the facility will avoid, reduce, or defer transmission or distribution system investments.
   3. Will not adversely affect system stability and reliability.
   4. Will result in an economic benefit to the State and its residents.
   5. With respect to an in-state facility, will not have an undue adverse effect on aesthetics, historic sites, air and water purity, the natural environment, the use of natural resources, and the public health and safety, with due consideration having been given to the criteria specified in 10 V.S.A. §§ 1424a(d) and 6086(a)(1) through (8) and (9)(K), impacts to primary agricultural soils as defined in 10 V.S.A. § 6001 , and greenhouse gas impacts.
   6. With respect to purchases, investments, or construction by a company, is consistent with the principles for resource selection expressed in that company's approved least-cost integrated plan.
   7. Except as to a natural gas facility that is not part of or incidental to an electric generating facility, is in compliance with the electric energy plan approved by the Department under section 202 of this title, or that there exists good cause to permit the proposed action.
   8. Does not involve a facility affecting or located on any segment of the waters of the State that has been designated as outstanding resource waters by the Secretary of Natural Resources, except that with respect to a natural gas or electric transmission facility, the facility does not have an undue adverse effect on those outstanding resource waters.
   9. With respect to a waste to energy facility:
      1. is included in a solid waste management plan adopted pursuant to 24 V.S.A. § 2202a , which is consistent with the State Solid Waste Management Plan; and
      2. is included in a solid waste management plan adopted pursuant to 24 V.S.A. § 2202a for the municipality and solid waste district from which 1,000 tons or more per year of the waste is to originate, if that municipality or district owns an operating facility that already beneficially uses a portion of the waste.
   10. Except as to a natural gas facility that is not part of or incidental to an electric generating facility, can be served economically by existing or planned transmission facilities without undue adverse effect on Vermont utilities or customers.
   11. With respect to an in-state generation facility that produces electric energy using woody biomass, will:
       1. comply with the applicable air pollution control requirements under the federal Clean Air Act, 42 U.S.C. § 7401 et seq.;
       2. achieve the highest design system efficiency that is commercially available, feasible, and cost-effective for the type and design of the proposed facility; and
       3. comply with harvesting procedures and procurement standards that ensure long-term forest health and sustainability. These procedures and standards at a minimum shall be consistent with the guidelines and standards developed pursuant to 10 V.S.A. § 2750 (harvesting guidelines and procurement standards) when adopted under that statute.
3. 1. Except as otherwise provided in subdivision (j)(3) of this section, in the case of a municipal plant or department formed under local charter or chapter 79 of this title or a cooperative formed under chapter 81 of this title, any proposed investment, construction, or contract subject to this section shall be approved by a majority of the voters of a municipality or the members of a cooperative voting upon the question at a duly warned annual or special meeting to be held for that purpose. However, in the case of a cooperative formed under chapter 81 of this title, an investment in or construction of an in-state electric transmission facility shall not be subject to the requirements of this subsection if the investment or construction is solely for reliability purposes and does not include new construction or upgrades to serve a new generation facility. (c) (1)  Except as otherwise provided in subdivision (j)(3) of this section, in the case of a municipal plant or department formed under local charter or chapter 79 of this title or a cooperative formed under chapter 81 of this title, any proposed investment, construction, or contract subject to this section shall be approved by a majority of the voters of a municipality or the members of a cooperative voting upon the question at a duly warned annual or special meeting to be held for that purpose. However, in the case of a cooperative formed under chapter 81 of this title, an investment in or construction of an in-state electric transmission facility shall not be subject to the requirements of this subsection if the investment or construction is solely for reliability purposes and does not include new construction or upgrades to serve a new generation facility.
   2. The municipal department or cooperative shall provide to the voters or members, as the case may be, written assessment of the risks and benefits of the proposed investment, construction, or contract that were identified by the Public Utility Commission in the certificate issued under this section. The municipal department or cooperative also may provide to the voters an assessment of any other risks and benefits.
4. Nothing in this section shall be construed to prohibit a company from executing a letter of intent or entering into a contract before the issuance of a certificate of public good under this section, provided that the company's obligations under that letter of intent or contract are made subject to compliance with the requirements of this section.
5. 1. Before a certificate of public good is issued for the construction of a nuclear energy generating plant within the State, the Public Utility Commission shall obtain the approval of the General Assembly and the Assembly's determination that the construction of the proposed facility will promote the general welfare. The Public Utility Commission shall advise the General Assembly of any petition submitted under this section for the construction of a nuclear energy generating plant within this State, by written notice delivered to the Speaker of the House of Representatives and to the President of the Senate. The Department of Public Service shall submit recommendations relating to the proposed plant, and shall make available to the General Assembly all relevant material. The requirements of this subsection shall be in addition to the findings set forth in subsection (b) of this section. (e) (1)  Before a certificate of public good is issued for the construction of a nuclear energy generating plant within the State, the Public Utility Commission shall obtain the approval of the General Assembly and the Assembly's determination that the construction of the proposed facility will promote the general welfare. The Public Utility Commission shall advise the General Assembly of any petition submitted under this section for the construction of a nuclear energy generating plant within this State, by written notice delivered to the Speaker of the House of Representatives and to the President of the Senate. The Department of Public Service shall submit recommendations relating to the proposed plant, and shall make available to the General Assembly all relevant material. The requirements of this subsection shall be in addition to the findings set forth in subsection (b) of this section.
   2. No nuclear energy generating plant within this State may be operated beyond the date permitted in any certificate of public good granted pursuant to this title, including any certificate in force as of January 1, 2006, unless the General Assembly approves and determines that the operation will promote the general welfare, and until the Public Utility Commission issues a certificate of public good under this section. If the General Assembly has not acted under this subsection by July 1, 2008, the Commission may commence proceedings under this section and under 10 V.S.A. chapter 157, relating to the storage of radioactive material, but may not issue a final order or certificate of public good until the General Assembly determines that operation will promote the general welfare and grants approval for that operation.
6. However, plans for the construction of such a facility within the State must be submitted by the petitioner to the municipal and regional planning commissions no less than 45 days prior to application for a certificate of public good under this section, unless the municipal and regional planning commissions shall waive such requirement.
   1. The municipal or regional planning commission may take one or more of the following actions:
      1. Hold a public hearing on the proposed plans. The planning commission may request that the petitioner or the Department of Public Service, or both, attend the hearing. The petitioner and the Department each shall have an obligation to comply with such a request. The Department shall consider the comments made and information obtained at the hearing in making recommendations to the Commission on the application and in determining whether to retain additional personnel under subdivision (1)(B) of this subsection.
      2. Request that the Department of Public Service exercise its authority under section 20 of this title to retain experts and other personnel to review the proposed facility. The Department may commence retention of these personnel once the petitioner has submitted proposed plans under this subsection. The Department may allocate the expenses incurred in retaining these personnel to the petitioner in accordance with section 21 of this title. Granting a request by a planning commission pursuant to this subdivision shall not oblige the Department or the personnel it retains to agree with the position of the commission.
      3. Make recommendations to the petitioner within 40 days of the petitioner's submittal to the planning commission under this subsection.
      4. Once the petition is filed with the Public Utility Commission, make recommendations to the Commission by the deadline for submitting comments or testimony set forth in the applicable provision of this section, Commission rule, or scheduling order issued by the Commission.
   2. The petitioner's application shall address the substantive written comments related to the criteria of subsection (b) of this section received by the petitioner within 45 days of the submittal made under this subsection and the substantive oral comments related to those criteria made at a public hearing under subdivision (1) of this subsection.
7. Notwithstanding the 45 days' notice required by subsection (f) of this section, plans involving the relocation of an existing transmission line within the State must be submitted to the municipal and regional planning commissions no less than 21 days prior to application for a certificate of public good under this section.
8. The position of the State of Vermont in federal certification or other approval proceedings for natural gas facilities shall be developed in accordance with this subsection.
   1. A natural gas facility requiring federal approval shall apply to the Public Utility Commission for an opinion under this section (on or before the date on which the facility applies for such federal approval in the case of a facility that has not applied for federal approval before January 16, 1988). Any opinion issued under this subsection shall be developed based upon the criteria established in subsection (b) of this section.
   2. If the Commission conducts proceedings under this subsection, the Department shall give due consideration to the Commission's opinion as to facilities of a natural gas company, and that opinion shall guide the position taken before federal agencies by the State of Vermont, acting through the Department of Public Service under section 215 of this title.
   3. If the Commission conducts proceedings under this subsection, it may consolidate them, solely for purposes of creating a common record, with any related proceedings conducted under subdivision (a)(3) of this section.
9. 1. No company, as defined in sections 201 and 203 of this title, without approval by the Commission, after giving notice of such investment, or filing a copy of that contract, with the Commission and the Department at least 30 days prior to the proposed effective date of that contract or investment: (i) (1)  No company, as defined in sections 201 and 203 of this title, without approval by the Commission, after giving notice of such investment, or filing a copy of that contract, with the Commission and the Department at least 30 days prior to the proposed effective date of that contract or investment:
      1. may invest in a gas-production facility located outside this State; or
      2. may execute a contract for the purchase of gas from outside the State, for resale to firm-tariff customers, that:
         1. is for a period exceeding five years; or
         2. represents more than 10 percent of that company's peak demand for resale to firm-tariff customers.
   2. The Department and the Commission shall consider within 30 days whether to investigate the proposed investment or contract.
   3. The Commission, upon its own motion, or upon the recommendation of the Department, may determine to initiate an investigation. If the Commission does not initiate an investigation within such 30-day period, the contract or investment shall be deemed to be approved. If the Commission determines to initiate an investigation, it shall give notice of that decision to the company proposing the investment or contract, the Department, and such other persons as the Commission determines are appropriate. The Commission shall conclude its investigation within 120 days of issuance of its notice of investigation, or within such shorter period as it deems appropriate. If the Commission fails to issue a decision within that 120-day period, the contract or investment shall be deemed to be approved. The Commission may hold informal, public, or evidentiary hearings on the proposed investment or contract.
   4. Nothing in this subsection shall prohibit a company from negotiating or adjusting periodically the price of other terms of supply through a supplement to such a contract, provided that the supplement falls within the terms specified in such a contract, as approved. The Commission's authority to investigate such adjustments under other authorities of this title shall not be impaired. Such a company shall file with the Department and the Commission a copy of any such supplement to the contract or other documentation that states any terms that have been renegotiated or adjusted by the company at least 30 days prior to the effective date of the renegotiated or adjusted price or other terms.
   5. Nothing in this subsection shall be construed to prohibit a gas company from executing a development contract, a contract for design and engineering, a contract to seek regulatory approvals for a gas-production facility, or a letter of intent for such purchase of gas that makes the company's obligations under that letter of intent subject to the requirements of this subsection, prior to the filing with the Commission and Department of such notice or proposed contract or pending any investigation under this subsection.
10. 1. The Commission may, subject to such conditions as it may otherwise lawfully impose, issue a certificate of public good in accordance with the provisions of this subsection and without the notice and hearings otherwise required by this chapter if the Commission finds that: (j) (1)  The Commission may, subject to such conditions as it may otherwise lawfully impose, issue a certificate of public good in accordance with the provisions of this subsection and without the notice and hearings otherwise required by this chapter if the Commission finds that:
       1. approval is sought for construction of facilities described in subdivision (a)(2) or (3) of this section;
       2. such facilities will be of limited size and scope;
       3. the petition does not raise a significant issue with respect to the substantive criteria of this section; and
       4. the public interest is satisfied by the procedures authorized by this subsection.
    2. Any party seeking to proceed under the procedures authorized by this subsection shall file a proposed certificate of public good and proposed findings of fact with its petition. Within two business days of notification by the Commission that the filing is complete, the party shall serve copies of the complete filing on the parties specified in subdivision (a)(4)(C) of this section and the Commission shall give written notice of the proposed certificate and its determination that the filing is complete to those parties, to any public interest organization that has in writing requested notice of applications to proceed under this subsection, and to any other person found by the Commission to have a substantial interest in the matter. Such notice also shall be published on the Commission's website within two days of issuing the determination that the filing is complete and shall request comment within 30 days of the date of service of the complete filing on the question of whether the petition raises a significant issue with respect to the substantive criteria of this section. If the Commission finds that the petition raises a significant issue with respect to the substantive criteria of this section, the Commission shall hear evidence on any such issue.
    3. The construction of facilities authorized by a certificate issued under this subsection shall not require the approval of voters of a municipality or the members of a cooperative, as would otherwise be required under subsection (c) of this section.
11. 1. Notwithstanding any other provisions of this section, the Commission may waive, for a specified and limited time, the prohibitions contained in this section upon site preparation for or construction of an electric transmission facility or a generation facility necessary to ensure the stability or reliability of the electric system or a natural gas facility, pending full review under this section. (k) (1)  Notwithstanding any other provisions of this section, the Commission may waive, for a specified and limited time, the prohibitions contained in this section upon site preparation for or construction of an electric transmission facility or a generation facility necessary to ensure the stability or reliability of the electric system or a natural gas facility, pending full review under this section.
    2. A person seeking a waiver under this subsection shall file a petition with the Commission and shall provide copies to the Department of Public Service and the Agency of Natural Resources. Upon receiving the petition, the Commission shall conduct an expedited preliminary hearing, upon such notice to the governmental bodies listed in subdivision (a)(4)(C) of this section as the Commission may require.
    3. An order granting a waiver may include terms, conditions, and safeguards, including the posting of a bond or other security, as the Commission deems proper, considering the scope and duration of the requested waiver.
    4. A waiver shall be granted only upon a showing that:
       1. good cause exists because an emergency situation has occurred;
       2. the waiver is necessary to provide adequate and efficient service or to preserve the property of the public service company devoted to public use;
       3. measures will be taken, as the Commission deems appropriate, to minimize significant adverse impacts under the criteria specified in subdivisions (b)(5) and (8) of this section; and
       4. taking into account any terms, conditions, and safeguards that the Commission may require, the waiver will promote the general good of the State.
    5. Upon the expiration of a waiver, if a certificate of public good has not been issued under this section, the Commission shall require the removal, relocation or alteration of the facilities subject to the waiver, as it finds will best promote the general good of the State.
12. Notwithstanding other provisions of this section, and without limiting any existing authority of the Governor, and pursuant to 20 V.S.A. § 9 (10) and (11), when the Governor has proclaimed a state of emergency pursuant to 20 V.S.A. § 9 , the Governor, in consultation with the Chair of the Public Utility Commission and the Commissioner of Public Service or their designees, may waive the prohibitions contained in this section upon site preparation for or construction of an electric transmission facility or a generation facility necessary to ensure the stability or reliability of the electric system or a natural gas facility. Waivers issued under this subsection shall be subject to such conditions as are required by the Governor, and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the Governor. Upon the expiration of a waiver under this subsection, if a certificate of public good has not been issued under this section, the Commission shall require the removal, relocation, or alteration of the facilities, subject to the waiver, as the Commission finds will best promote the general good of the State.
13. In any matter with respect to which the Commission considers the operation of a nuclear energy generating plant beyond the date permitted in any certificate of public good granted under this title, including any certificate in effect as of January 1, 2006, the Commission shall evaluate the application under current assumptions and analyses and not an extension of the cost benefit assumptions and analyses forming the basis of the previous certificate of public good for the operation of the facility.
14. 1. No company as defined in section 201 of this title and no person as defined in 10 V.S.A. § 6001(14) may place or allow the placement of wireless communications facilities on an electric transmission or generation facility located in this State, including a net metering system, without receiving a certificate of public good from the Public Utility Commission pursuant to this subsection. The Public Utility Commission may issue a certificate of public good for the placement of wireless communications facilities on electric transmission and generation facilities if such placement is in compliance with the criteria of this section and Commission rules or orders implementing this section. In developing such rules and orders, the Commission: (n) (1)  No company as defined in section 201 of this title and no person as defined in 10 V.S.A. § 6001(14) may place or allow the placement of wireless communications facilities on an electric transmission or generation facility located in this State, including a net metering system, without receiving a certificate of public good from the Public Utility Commission pursuant to this subsection. The Public Utility Commission may issue a certificate of public good for the placement of wireless communications facilities on electric transmission and generation facilities if such placement is in compliance with the criteria of this section and Commission rules or orders implementing this section. In developing such rules and orders, the Commission:
       1. may waive the requirements of this section that are not applicable to wireless telecommunication facilities, including criteria that are generally applicable to public service companies as defined in this title;
       2. may modify notice and hearing requirements of this title as it deems appropriate;
       3. shall seek to simplify the application and review process as appropriate; and
       4. shall be aimed at furthering the State's interest in ubiquitous mobile telecommunications and broadband service in the State.
    2. Notwithstanding subdivision (1)(B) of this subsection, if the Commission finds that a petition filed pursuant to this subsection does not raise a significant issue with respect to the criteria enumerated in subdivisions (b)(1), (3), (4), (5), and (8) of this section, the Commission shall issue a certificate of public good without a hearing. If the Commission fails to issue a final decision or identify a significant issue with regard to a completed petition made under this section within 60 days of its filing with the Clerk of the Commission and service to the Director of Public Advocacy for the Department of Public Service, the petition is deemed approved by operation of law. The rules required by this subsection shall be adopted within six months of the effective date of this section, and rules under this section may be adopted on an emergency basis to comply with the dates required by this section. As used in this subsection, "wireless communication facilities" include antennae, related equipment, and equipment shelter, but do not include equipment used by utilities exclusively for intra- and inter-utility communications.
15. The Commission shall not reject as incomplete a petition under this section for a wind generation facility on the grounds that the petition does not specify the exact make or dimensions of the turbines and rotors to be installed at the facility as long as the petition provides the maximum horizontal and vertical dimensions of those turbines and rotors and the maximum decibel level that the turbines and rotors will produce as measured at the nearest residential structure over a 12-hour period commencing at 7:00 p.m.
16. An in-state generation facility receiving a certificate under this section that produces electric energy using woody biomass shall annually disclose to the Commission the amount, type, and source of wood acquired to generate energy.
17. 1. A certificate under this section shall be required for a plant using methane derived from an agricultural operation as follows: (q) (1)  A certificate under this section shall be required for a plant using methane derived from an agricultural operation as follows:
       1. With respect to a plant that constitutes farming pursuant to 10 V.S.A. § 6001(22)(F) , only for the equipment used to generate electricity from biogas, the equipment used to refine biogas into natural gas, the structures housing such equipment used to generate electricity or refine biogas, and the interconnection to electric and natural gas distribution and transmission systems. The certificate shall not be required for the methane digester, the digester influents and non-gas effluents, the buildings and equipment used to handle such influents and non-gas effluents, or the on-farm use of heat and exhaust produced by the generation of electricity, and these components shall not be subject to jurisdiction under this section.
       2. With respect to a plant that does not constitute farming pursuant to 10 V.S.A. § 6001(22)(F) but which receives feedstock from off-site farms, for all on-site components of the plant, for the transportation of feedstock to the plant from off-site contributing farms, and the transportation of effluent or digestate back to those farms. The certificate shall not regulate any farming activities conducted on the contributing farms that provide feedstock to a plant or use of effluent or digestate returned to the contributing farms from the plant.
    2. Notwithstanding 1 V.S.A. § 214 and Commission Rule 5.408, if the Commission issued a certificate to a plant using methane derived from an agricultural operation prior to July 1, 2013, such certificate shall require an amendment only when there is a substantial change, pursuant to Commission Rule 5.408, to the equipment used to generate electricity from biogas, the equipment used to refine biogas into natural gas, the structures housing such equipment used to generate electricity or refine biogas, or the interconnection to electric and natural gas distribution and transmission systems. The Commission's jurisdiction in any future proceedings concerning such a certificate shall be limited pursuant to subdivision (1) of this subsection.
    3. This subsection shall not affect the determination, under section 8005a of this title, of the price for a standard offer to a plant using methane derived from an agricultural operation.
    4. As used in this section, "biogas" means a gas resulting from the action of microorganisms on organic material such as manure or food processing waste.
18. The Commission may provide that, in any proceeding under subdivision (a)(2)(A) of this section for the construction of a renewable energy plant, a demonstration of compliance with subdivision (b)(2) of this section, relating to establishing need for the plant, shall not be required if all or part of the electricity to be generated by the plant is under contract to one or more Vermont electric distribution companies and if no part of the plant is financed directly or indirectly through investments, other than power contracts, backed by Vermont electricity ratepayers. In this subsection, "plant" and "renewable energy" shall be as defined in section 8002 of this title.
19. This subsection sets minimum setback requirements that shall apply to in-state ground-mounted solar electric generation facilities approved under this section, unless the facility is installed on a canopy constructed on an area primarily used for parking vehicles that is in existence or permitted on the date the application for the facility is filed.
    1. The minimum setbacks shall be:
       1. from a State or municipal highway, measured from the edge of the traveled way:
          1. 100 feet for a facility with a plant capacity exceeding 150 kW; and
          2. 40 feet for a facility with a plant capacity less than or equal to 150 kW but greater than 15 kW.
       2. From each property boundary that is not a State or municipal highway:
          1. 50 feet for a facility with a plant capacity exceeding 150 kW; and
          2. 25 feet for a facility with a plant capacity less than or equal to 150 kW but greater than 15 kW.
    2. This subsection does not require a setback for a facility with a plant capacity equal to or less than 15 kW.
    3. On review of an application, the Commission may:
       1. require a larger setback than this subsection requires;
       2. approve an agreement to a smaller setback among the applicant, the municipal legislative body, and each owner of property adjoining the smaller setback; or
       3. require a setback for a facility constructed on an area primarily used for parking vehicles, if the application concerns such a facility.
    4. In this subsection:
       1. "kW" and "plant capacity" shall have the same meaning as in section 8002 of this title.
       2. "Setback" means the shortest distance between the nearest portion of a solar panel or support structure for a solar panel, at its point of attachment to the ground, and a property boundary or the edge of a highway's traveled way.
20. Notwithstanding any contrary provision of the law, primary agricultural soils as defined in 10 V.S.A. § 6001 located on the site of a solar electric generation facility approved under this section shall remain classified as such soils, and the review of any change in use of the site subsequent to the construction of the facility shall treat the soils as if the facility had never been constructed. Each certificate of public good issued by the Commission for a ground-mounted solar generation facility shall state the contents of this subsection.
21. A certificate under this section shall only be required for an energy storage facility that has a capacity of 500 kW or greater.

    Added 1969, No. 69 , § 1, eff. April 18, 1969; amended 1969, No. 207 (Adj. Sess.), § 12, eff. March 24, 1970; 1971, No. 208 (Adj. Sess.), eff. March 31, 1972; 1975, No. 23 ; 1977, No. 11 , §§ 1, 2; 1979, No. 204 (Adj. Sess.), § 31, eff. Feb. 1, 1981; 1981, No. 111 (Adj. Sess.); 1983, No. 45 ; 1985, No. 48 , § 1; 1987, No. 65 , § 1, eff. May 28, 1987; 1987, No. 67 , § 14; 1987, No. 273 (Adj. Sess.) § 1, eff. June 21, 1988; 1989, No. 256 (Adj. Sess.), § 10(a), eff. Jan. 1, 1991; 1991, No. 99 , §§ 3, 4; 1991, No. 259 (Adj. Sess.), §§ 6, 7; 1993, No. 21 , § 10, eff. May 12, 1993; 1993, No. 159 (Adj. Sess.), § 1a, eff. May 19, 1994; 2003, No. 42 , § 2, eff. May 27, 2003; 2003, No. 82 (Adj. Sess.), §§ 2, 3; 2005, No. 160 (Adj. Sess.), §§ 2, 3; 2007, No. 79 , § 16, eff. June 9, 2007; 2009, No. 6 , §§ 1, 2, 3, eff. April 30, 2009; 2009, No. 45 , § 7, eff. May 27, 2009; 2009, No. 146 (Adj. Sess.), § F30; 2011, No. 47 , § 5; 2011, No. 62 , § 26; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2011, No. 170 (Adj. Sess.), § 12, eff. May 18, 2012; 2013, No. 24 , § 4, eff. May 13, 2013; 2013, No. 88 , § 1; 2015, No. 23 , § 151; 2015, No. 40 , § 31; 2015, No. 51 , § F.9, eff. June 3, 2015; 2015, No. 56 , §§ 19, 20; 2015, No. 56 , §§ 26a, 26b, 26c, eff. June 11, 2015; 2015, No. 174 (Adj. Sess.), § 11, eff. June 13, 2016; 2017, No. 53 , §§ 1, 3, 4; 2017, No. 74 , § 125; 2017, No. 163 (Adj. Sess.), § 1; 2019, No. 31 , §§ 17, 25.

§ 248a. Certificate of public good for communications facilities.

1. Certificate.  Notwithstanding any other provision of law, if the applicant seeks approval for the construction or installation of telecommunications facilities that are to be interconnected with other telecommunications facilities proposed or already in existence, the applicant may obtain a certificate of public good issued by the Public Utility Commission under this section, which the Commission may grant if it finds that the facilities will promote the general good of the State consistent with subsection 202c(b) of this title. A single application may seek approval of one or more telecommunications facilities. An application under this section shall include a copy of each other State and local permit, certificate, or approval that has been issued for the facility under a statute, ordinance, or bylaw pertaining to the environment or land use.
2. Definitions.  As used in this section:
   1. "Ancillary improvements" means telecommunications equipment and site improvements that are primarily intended to serve a telecommunications facility, including wires or cables and associated poles to connect the facility to an electric or communications grid; fencing; equipment cabinets or shelters; emergency backup generators; and access roads.
   2. "De minimis modification" means the addition, modification, or replacement of telecommunications equipment, antennas, or ancillary improvements on a telecommunications facility or existing support structure, whether or not the structure was constructed as a telecommunications facility, or the reconstruction of such a facility or support structure, provided:
      1. the height and width of the facility or support structure, excluding equipment, antennas, or ancillary improvements, are not increased;
      2. the total amount of impervious surface, including access roads, surrounding the facility or support structure is not increased by more than 300 square feet;
      3. the addition, modification, or replacement of an antenna or any other equipment on a facility or support structure does not extend vertically more than 10 feet above the facility or support structure and does not extend horizontally more than 10 feet from the facility or support structure; and
      4. the additional equipment, antennas, or ancillary improvements on the support structure, excluding cabling, does not increase the aggregate surface area of the faces of the equipment, antennas, or ancillary improvements on the support structure by more than 75 square feet.
   3. "Good cause" means a showing of evidence that the substantial deference required under subdivision (c)(2) of this section would create a substantial shortcoming detrimental to the public good or the State's interests in section 202c of this title.
   4. 1. "Limited size and scope" means: (4) (A) "Limited size and scope" means:
         1. a new telecommunications facility, including any ancillary improvements, that does not exceed 140 feet in height; or
         2. an addition, modification, replacement, or removal of telecommunications equipment at a lawfully constructed telecommunications facility or on an existing support structure, and ancillary improvements, that would result in a facility of a total height of less than 200 feet and does not increase the width of the existing support structure by more than 20 feet.
      2. For construction described in subdivision (3)(A) of this subsection (b)to be of limited size and scope, it shall not disturb more than 10,000 square feet of earth. As used in this subdivision, "disturbed earth" means the exposure of soil to the erosive effects of wind, rain, or runoff.
   5. "Substantial deference" means that the plans and recommendations referenced under subdivision (c)(2) of this section are presumed correct, valid, and reasonable.
   6. "Telecommunications facility" means a communications facility that transmits and receives signals to and from a local, State, national, or international network used primarily for two-way communications for commercial, industrial, municipal, county, or State purposes and any associated support structure that is proposed for construction or installation which is primarily for communications purposes, and any ancillary improvements that are proposed for construction or installation and are primarily intended to serve the communications facilities or support structure. An applicant may seek approval of construction or installation of a telecommunications facility whether or not the telecommunications facility is attached to an existing structure.
   7. "Wireless service" means any commercial mobile radio service, wireless service, common carrier wireless exchange service, cellular service, personal communications service (PCS), specialized mobile radio service, paging service, wireless data service, or public or private radio dispatch service.
3. Findings.  Before the Public Utility Commission issues a certificate of public good under this section, it shall find that:
   1. The proposed facility will not have an undue adverse effect on aesthetics, historic sites, air and water purity, the natural environment, and the public health and safety, and the public's use and enjoyment of the I-89 and I-91 scenic corridors or of any highway that has been designated as a scenic road pursuant to 19 V.S.A. § 2501 or a scenic byway pursuant to 23 U.S.C. § 162, with due consideration having been given to the relevant criteria specified in 10 V.S.A. §§ 1424a(d) and 6086(a)(1) through (8) and (9)(K). However, with respect to telecommunications facilities of limited size and scope, the Commission shall waive all criteria of this subdivision other than 10 V.S.A. § 6086(a)(1)(D) (floodways) and (a)(8) (aesthetics, scenic beauty, historic sites, rare and irreplaceable natural areas; endangered species; necessary wildlife habitat). Such waiver shall be on condition that:
      1. the Commission may determine, pursuant to the procedures described in subdivision (j)(2)(A) of this section, that a petition raises a significant issue with respect to any criterion of this subdivision; and
      2. a telecommunications facility of limited size and scope shall comply, at a minimum, with the requirements of the Low Risk Site Handbook for Erosion Prevention and Sediment Control issued by the Department of Environmental Conservation, regardless of any provisions in that handbook that limit its applicability.
   2. Unless there is good cause to find otherwise, substantial deference has been given to the plans of the affected municipalities; to the recommendations of the municipal legislative bodies and the municipal planning commissions regarding the municipal plans; and to the recommendations of the regional planning commission concerning the regional plan. Nothing in this section or other provision of law shall prevent a municipal body from basing its recommendations to which substantial deference is required under this subdivision (2) on an ordinance adopted under 24 V.S.A. § 2291(19) or bylaw adopted under 24 V.S.A. chapter 117 by the municipality in which the facility is located. A rebuttable presumption respecting compliance with the applicable plan shall be created by a letter from an affected municipal legislative body or municipal planning commission concerning compliance with the municipal plan and by a letter from a regional planning commission concerning compliance with the regional plan.
   3. If the proposed facility relates to the provision of wireless service, the proposed facility reasonably cannot be colocated on or at an existing telecommunications facility, or such colocation would cause an undue adverse effect on aesthetics.
      1. If a proposed new support structure for a new telecommunications facility that provides wireless service will exceed 50 feet in height in a cleared area or will exceed 20 feet in height above the average treeline measured within a 100-foot radius from the structure in a wooded area, the application shall identify all existing telecommunications facilities within the area to be served by the proposed structure and, for each such existing facility, shall include a projection of the coverage and an estimate of additional capacity that would be provided if the applicant's proposed telecommunications equipment were located on or at the existing facility. The applicant also shall compare each such projection and estimate to the coverage and capacity that would be provided at the site of the proposed structure.
      2. To obtain a finding that a proposed facility cannot reasonably be colocated on or at an existing telecommunications facility, the applicant must demonstrate that:
         1. colocating on or at an existing facility will result in a significant reduction of the area to be served or the capacity to be provided by the proposed facility or substantially impede coverage or capacity objectives for the proposed facility that promote the general good of the State under subsection 202c(b) of this title;
         2. the proposed antennas and equipment will exceed the structural or spatial capacity of the existing or approved tower or facility, and the existing or approved tower or facility cannot be reinforced, modified, or replaced to accommodate planned or equivalent equipment, at a reasonable cost, to provide coverage and capacity comparable to that of the proposed facility;
         3. the owner of the existing facility will not provide space for the applicant's proposed telecommunications equipment on or at that facility on commercially reasonable terms; or
         4. the proposed antennas and equipment will cause radio frequency interference that will materially impact the usefulness of other existing or permitted equipment at the existing or approved tower or facility and such interference cannot be mitigated at a reasonable cost.
4. Existing permits.  When issuing a certificate of public good under this section, the Commission shall give due consideration to all conditions in an existing State or local permit and shall harmonize the conditions in the certificate of public good with the existing permit conditions to the extent feasible.
5. Notice.  No less than 60 days prior to filing an application for a certificate of public good under this section, the applicant shall serve written notice of an application to be filed with the Commission pursuant to this section to the legislative bodies and municipal and regional planning commissions in the communities in which the applicant proposes to construct or install facilities; the Secretary of Natural Resources; the Secretary of Transportation; the Division for Historic Preservation; the Commissioner of Public Service and its Director for Public Advocacy; the Natural Resources Board if the application concerns a telecommunications facility for which a permit previously has been issued under 10 V.S.A. chapter 151; and the landowners of record of property adjoining the project sites. In addition, at least one copy of each application shall be filed with each of these municipal and regional planning commissions. The notices to the legislative body and planning commission of the municipality shall attach a statement that itemizes the rights and opportunities available to those bodies under subdivisions (c)(2) and (e)(2) of this section and under subsections (m), (n), and (o) of this section and informs them of the guide published under subsection (p) of this section and how to obtain a copy of that guide.
   1. Upon motion or otherwise, the Public Utility Commission shall direct that further public or personal notice be provided if the Commission finds that such further notice will not unduly delay consideration of the merits and that additional notice is necessary for fair consideration of the application.
   2. On the request of the municipal legislative body or the planning commission, the applicant shall attend a public meeting with the municipal legislative body or planning commission, or both, within the 60-day notice period before filing an application for a certificate of public good. The Department of Public Service shall attend the public meeting on the request of the municipality. The Department shall consider the comments made and information obtained at the meeting in making recommendations to the Commission on the application and in determining whether to retain additional personnel under subsection (o) of this section.
   3. With the notice required under this subsection, the applicant shall include a written assessment of the colocation requirements of subdivision (c)(3) of this section, as they pertain to the applicant's proposed telecommunications facility. On the request of the municipal legislative body or the planning commission, the Department of Public Service, pursuant to its authority under subsection (o) of this section, shall retain an expert to review the applicant's colocation assessment and to conduct further independent analysis, as necessary. Within 45 days of receiving the applicant's notice and colocation assessment, the Department shall report its own preliminary findings and recommendations regarding colocation to the applicant and to all persons required to receive notice of an application for a certificate of public good under this subsection (e).
6. Review period.  If the Public Utility Commission determines that an application does not raise a significant issue, the Commission shall issue a final determination on an application filed pursuant to this section within 60 days of its filing or, if the original filing did not substantially comply with the Public Utility Commission's rules, within 60 days of the date on which the Clerk of the Commission notifies the applicant that the filing is complete. If the Commission rules that an application raises a significant issue, it shall issue a final determination on an application filed pursuant to this section within 180 days of its filing or, if the original filing did not substantially comply with the Public Utility Commission's rules, within 180 days of the date on which the Clerk of the Commission notifies the applicant that the filing is complete.
7. Letter of intent.  Nothing in this section shall be construed to prohibit an applicant from executing a letter of intent or entering into a contract before the issuance of a certificate of public good under this section, provided that the obligations under that letter of intent or contract are made subject to compliance with the requirements of this section.
8. Exemptions from other law.
   1. An applicant using the procedures provided in this section shall not be required to obtain a permit or permit amendment or other approval under the provisions of 24 V.S.A. chapter 117 or 10 V.S.A. chapter 151 for the facilities subject to the application or to a certificate of public good issued pursuant to this section. This exemption from obtaining a permit or permit amendment under 24 V.S.A. chapter 117 shall not affect the substantial deference to be given to a plan or recommendation based on a local land use bylaw under subdivision (c)(2) of this section.
   2. An applicant using the procedures provided in this section shall not be required to obtain an approval from the municipality under an ordinance adopted pursuant to 24 V.S.A. § 2291(19) or a municipal charter that would otherwise apply to the construction or installation of facilities subject to this section. This exemption from obtaining an approval under such an ordinance shall not affect the substantial deference to be given to a plan or recommendation based on such an ordinance under subdivision (c)(2) of this section.
   3. Disputes over jurisdiction under this section shall be resolved by the Public Utility Commission, subject to appeal as provided by section 12 of this title. An applicant that has obtained or been denied a permit or permit amendment under the provisions of Title 24 or 10 V.S.A. chapter 151 for the construction of a telecommunications facility may not apply for approval from the Commission for the same or substantially the same facility, except that an applicant may seek approval for a modification to such a facility.
9. Sunset of Commission authority.  Effective on July 1, 2023, no new applications for certificates of public good under this section may be considered by the Commission.
10. Telecommunications facilities of limited size and scope.
    1. The Commission may, subject to such conditions as it may otherwise lawfully impose, issue a certificate of public good in accordance with the provisions of this subsection and without the notice and hearings required by any provision other than subdivision (2) of this subsection if the Commission finds that such facilities will be of limited size and scope, and the application does not raise a significant issue with respect to the substantive criteria of this section. The Commission may make findings based on the application and the supporting evidence submitted by the applicant. If an applicant requests approval of multiple telecommunications facilities in a single application under this section, the Commission may issue a certificate of public good in accordance with the provisions of this subsection for all or some of the telecommunications facilities described in the application.
    2. 1. Any person seeking to proceed under the procedures authorized by this subsection shall file a proposed certificate of public good and proposed findings of fact with its application. Within two business days of notification from the Commission that the filing is complete, the applicant shall serve notice and a copy of the application, proposed certificate of public good, and proposed findings of fact on the Commissioner of Public Service and its Director for Public Advocacy, the Secretary of Natural Resources, the Division for Historic Preservation, the Natural Resources Board if the application concerns a telecommunications facility for which a permit previously has been issued under 10 V.S.A. chapter 151, and each of the legislative bodies and municipal and regional planning commissions in the communities in which the applicant proposes to construct or install facilities. Within two business days of notification from the Commission that the filing is complete, the applicant also shall serve written notice of the proposed certificate on the landowners of record of property adjoining the project site or sites unless the Commission has previously determined on request of the applicant that good cause exists to waive or modify the notice requirement with respect to such landowners. Such notice shall request comment to the Commission within 30 days of the date of service on the question of whether the application raises a significant issue with respect to the substantive criteria of this section. If the Commission finds that an application raises a significant issue with respect to the substantive criteria of this section, the Commission shall hear evidence on any such issue. (2) (A) Any person seeking to proceed under the procedures authorized by this subsection shall file a proposed certificate of public good and proposed findings of fact with its application. Within two business days of notification from the Commission that the filing is complete, the applicant shall serve notice and a copy of the application, proposed certificate of public good, and proposed findings of fact on the Commissioner of Public Service and its Director for Public Advocacy, the Secretary of Natural Resources, the Division for Historic Preservation, the Natural Resources Board if the application concerns a telecommunications facility for which a permit previously has been issued under 10 V.S.A. chapter 151, and each of the legislative bodies and municipal and regional planning commissions in the communities in which the applicant proposes to construct or install facilities. Within two business days of notification from the Commission that the filing is complete, the applicant also shall serve written notice of the proposed certificate on the landowners of record of property adjoining the project site or sites unless the Commission has previously determined on request of the applicant that good cause exists to waive or modify the notice requirement with respect to such landowners. Such notice shall request comment to the Commission within 30 days of the date of service on the question of whether the application raises a significant issue with respect to the substantive criteria of this section. If the Commission finds that an application raises a significant issue with respect to the substantive criteria of this section, the Commission shall hear evidence on any such issue.
       2. An applicant seeking a waiver or modification of notice to adjoining landowners under this subsection shall file a request for such a waiver or modification with the Public Utility Commission not later than 30 days prior to serving written notice under subsection (e) of this section, together with a description of the project and its location, the applicant's reasons for seeking a waiver or modification, and the applicant's demonstration that the standard for granting a waiver or modification is met. Any granting of such a waiver or modification shall be based on a determination that the landowners subject to the waiver or modification could not reasonably be affected by one or more of the proposed facilities, and that notice to such landowners would constitute a significant administrative burden without corresponding public benefit. The Commission shall rule on a waiver or modification request under this subsection within 21 days of the filing of the request.
       3. If the Commission accepts a request to consider an application under the procedures of this subsection, then unless the Public Utility Commission subsequently determines that an application raises a significant issue, the Commission shall issue a final determination on an application within 60 days of the date on which the Clerk of the Commission notifies the applicant that the filing is complete. If, subsequent to acceptance of an application under this subsection, the Commission rules that an application raises a significant issue, it shall issue a final determination on an application filed pursuant to this subsection within 90 days of the date on which the Clerk of the Commission notifies the applicant that the filing is complete.
       4. If the Commission denies a request to consider an application under the procedures of this subsection, a filing made under this subsection that the Commission has found to be complete shall be deemed to satisfy notice requirements of subsection (e) of this section, and the periods stated under subsection (f) of this section shall run from the date of the Commission's denial of such request.
11. De minimis modifications.  An applicant intending to make a de minimis modification of a telecommunications facility shall provide written notice of its intent, including a description of the de minimis modification, its plans for the de minimis modification, and its certification that the project constitutes a de minimis modification under this section, to the following: the landowner of record of the property on which the facility is located; the legislative body of the municipality in which the applicant proposes to undertake such limited modifications to the facility; and the Commissioner of Public Service and his or her Director for Public Advocacy. Unless an objection to the classification of a proposed project as a de minimis modification is filed with the Commission within 30 days of this notice, a certificate of public good shall be issued. Objections may be filed only by persons entitled to notice of this proposed project pursuant to this subsection. If an objection of the classification of the proposed project as a de minimis modification is timely filed with the Commission, the Commission may determine whether the intended project meets the definition of de minimis modification established in subdivision (b)(2) of this section.
12. Rules.  The Public Utility Commission may issue rules or orders implementing and interpreting this section. In developing such rules and orders, the Commission shall seek to simplify the application and review process as appropriate. Subject to the provisions of subdivision (c)(1) of this section regarding waiver of the substantive criteria set forth in that subdivision, the Commission may by rule or order waive the requirements of this section that the Commission determines are not applicable to telecommunications facilities of limited size or scope. Determination by the Commission that an application raises a substantial issue with regard to one or more substantive criteria of this section shall not prevent the Commission from waiving other substantive criteria that it has determined are not applicable to such a telecommunications facility.
13. Municipal bodies; participation.  The legislative body and the planning commission for the municipality in which a telecommunications facility is located shall have the right to appear and participate on any application under this section seeking a certificate of public good for the facility.
14. Municipal recommendations.  The Commission shall consider the comments and recommendations submitted by the municipal legislative body and planning commission. The Commission's decision to issue or deny a certificate of public good shall include a detailed written response to each recommendation of the municipal legislative body and planning commission.
15. Retention; experts.  The Department of Public Service may retain experts and other personnel as identified in section 20 of this title to provide information essential to a full consideration of an application for a certificate of public good under this section. The Department may allocate the expenses incurred in retaining these personnel to the applicant in accordance with section 21 of this title. The Department may commence retention of these personnel once the applicant has filed the 60-day notice under subsection (e) of this section. A municipal legislative body or planning commission may request that the Department retain these personnel. Granting such a request shall not oblige the Department or the personnel it retains to agree with the position of the municipality.
16. Review process; guide.  The Department of Public Service, in consultation with the Commission, shall create, maintain, and make available to the public a guide to the process of reviewing telecommunications facilities under this section for use by local governments and regional planning commissions and members of the public who seek to participate in the process. On or before September 1, 2014, the Department shall complete the creation of this guide and make it publicly available.
17. 1. Emergency waiver.  Notwithstanding any other provisions of this section, when the Governor has declared a state of emergency pursuant to 20 V.S.A. § 9 and for 180 days after the declared state of emergency ends, the Commission may waive, for a specified and limited time, the prohibitions contained in this section upon site preparation for or construction of a temporary telecommunications facility necessary for maintaining or improving access to telecommunications services. Waivers issued under this subsection shall be valid for a period not to exceed the duration of the declared emergency plus 180 days. (q) (1)  Emergency waiver.  Notwithstanding any other provisions of this section, when the Governor has declared a state of emergency pursuant to 20 V.S.A. § 9 and for 180 days after the declared state of emergency ends, the Commission may waive, for a specified and limited time, the prohibitions contained in this section upon site preparation for or construction of a temporary telecommunications facility necessary for maintaining or improving access to telecommunications services. Waivers issued under this subsection shall be valid for a period not to exceed the duration of the declared emergency plus 180 days.
    2. A person seeking a waiver under this subsection shall file a petition with the Commission and shall provide copies to the Department of Public Service and the Agency of Natural Resources. The Commission shall require that additional notice be provided to those listed in subsection (e) of this section and any affected communications union districts. Upon receipt of the petition, the Commission shall conduct an expedited preliminary hearing.
    3. An order granting a waiver may include terms, conditions, and safeguards to mitigate significant adverse impacts, including the posting of a bond or other security, as the Commission deems proper, based on the scope and duration of the requested waiver.
    4. A waiver shall be granted only when the Commission finds that:
       1. good cause exists due to an emergency situation;
       2. the waiver is necessary to maintain or provide access to wireless telecommunications services;
       3. procedures will be followed to minimize significant adverse impacts under the criteria specified in subdivision (c)(1) of this section; and
       4. taking into account any terms, conditions, and safeguards that the Commission may require, the waiver will promote the general good of the State.
    5. Upon the expiration of a waiver, if a certificate of public good has not been issued under this section, the Commission shall require the removal, relocation, or alteration of the facilities subject to the waiver, as it finds will best promote the general good of the State.

       Added 2007, No. 79 , § 17, eff. June 9, 2007; amended 2009, No. 54 , § 44, eff. June 1, 2009; 2011, No. 53 , § 2, eff. May 27, 2011; 2013, No. 167 (Adj. Sess.), § 31; 2013, No. 190 (Adj. Sess.), § 17, eff. June 16, 2014; 2013, No. 199 (Adj. Sess.), § 27; 2015, No. 130 (Adj. Sess.), § 5a, eff. May 25, 2016; 2017, No. 32 , § 1; 2017, No. 53 , § 5; 2019, No. 125 (Adj. Sess.), § 1.

§ 248b. Fees; Agency of Natural Resources; participation in siting proceedings.

1. Establishment.  This section establishes fees for the purpose of supporting the role of the Agency of Natural Resources (the Agency) in reviewing applications for in-state facilities under sections 248 and 248a of this title.
2. Payment.  The applicant shall pay the fee into the State Treasury at the time the application for a certificate of public good is filed with the Public Utility Commission in an amount calculated in accordance with this section. The fee shall be deposited into the Natural Resources Management Fund and allocated to the Agency.
3. Definitions.  In this section:
   1. "kW," "MW," and "plant capacity" shall have the same meaning as in section 8002 of this title.
   2. "Natural gas facility" shall have the same meaning as in section 248 of this title.
   3. "Telecommunications facility" shall have the same meaning as in section 248a of this title.
4. Electric and natural gas facilities.  This subsection sets fees for applications under section 248 of this title.
   1. There shall be no fee for an electric generation facility less than or equal to 50 kW in plant capacity, for roof-mounted photovoltaic systems of any capacity up to and including 500 kW, or for an application filed under subsection 248(k), (l), or (n) of this title.
   2. The fee for electric generation facilities greater than 50 kW through five MW in plant capacity shall be calculated as follows, except that in no event shall the fee exceed $15,000.00:
      1. An electric generation facility from 51 kW through 139 kW in plant capacity, $2.00 per kW.

         An electric generation facility from 140 kW through 450 kW in plant capacity, $3.00 per kW.

         An electric generation facility from 451 kW through 2.2 MW in plant capacity, $4.00 per kW.

         An electric generation facility from 2.201 MW through five MW in plant capacity, $5.00 per kW.

   3. The fee shall be equal to $2.50 for each $1,000.00 of construction costs, but in no event greater than $100,000.00 per application, for a new electric generation facility greater than five MW in capacity, and for a new electric transmission facility or new natural gas facility not eligible for treatment under subsection 248(j) of this title.
   4. The fee shall be $2,500.00 for an application under subsection 248(j) of this title for a facility that is not electric generation and for an application or that portion of an application under section 248 of this title that consists of upgrading an existing facility within its existing development footprint, reconductoring of an electric transmission line on an existing structure, or the addition of an electric transmission line to an existing structure.
5. Telecommunications facilities.  For an application under section 248a of this title proposing a wireless telecommunications facility that includes a new support structure, the fee shall be equal to $2.50 for each $1,000.00 of construction costs, but in no event greater than $15,000.00.
6. Exercise of duties.  The Agency of Natural Resources shall exercise its duties under this title in a manner consistent with implementation of State policy and goals under sections 202a and 202c and chapter 89 of this title. In exercising its duties, the Agency shall establish procedures and work flow goals for the timely review of applications under sections 248 and 248a of this title. On or before the third Tuesday of each annual legislative session, the Agency shall submit a report to the General Assembly by electronic submission. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to this report. The report shall: list the fees collected under this section during the preceding fiscal year; discuss the Agency's performance in exercising its duties under this title during that year; identify areas that hinder the Agency's effective performance of these duties and summarize changes made to improve such performance; and, with respect to the Agency's exercise of these duties, discuss the Agency's staffing needs during the coming fiscal year and the future goals and objectives of the Agency.

   Added 2015, No. 57 , § 17; amended 2017, No. 163 (Adj. Sess.), § 2.

§ 248c. Fees; Department of Public Service and Public Utility Commission; participation in certification and siting proceedings.

1. Establishment.  This section establishes fees for the purpose of supporting the role of the Department of Public Service (Department) and the Public Utility Commission (Commission) in reviewing applications for in-state facilities under section 248 of this title. Companies that pay the gross receipts tax as provided in section 22 of this title shall not be subject to the fees established in this section.
2. Payment.  The applicant shall pay the fee into the State Treasury at the time the application for a certificate of public good is filed with the Commission in an amount calculated in accordance with this section. The fee shall be deposited into the gross revenue fund. Of the fees deposited into the gross revenue fund, 60 percent shall be allocated to the Department and 40 percent shall be allocated to the Commission.
3. Definitions.  As used in this section, "kW" and "plant capacity" have the same meaning as in section 8002 of this title.
4. Electric and natural gas facilities.  This subsection sets fees for applications under section 248 of this title.
   1. There shall be a registration fee of $100.00 for each electric generation facility less than or equal to 50 kW in plant capacity, or for a rooftop project, or for a hydroelectric project filing a net metering registration, or for an application filed under subsection 248(n) of this title.
   2. There shall be a fee of $25.00 for modifications for each electric generation facility less than or equal to 50 kW in plant capacity, or for a rooftop project, or for a hydroelectric project filing a net metering registration, or for an application filed under subsection 248(n) of this title.
   3. There shall be a fee for electric generation facilities that do not qualify for the lower fees in subdivisions (1) and (2) of this subsection, calculated as follows:
      1. $5.00 per kW; and
      2. $100.00 for modifications.
5. Report.  On or before the third Tuesday of each annual legislative session, the Department and Commission shall jointly submit a report to the General Assembly by electronic submission. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to this report. The report shall list the fees collected and refunds approved, if any, under this section and under section 248d of this title during the preceding fiscal year.

   Added 2019, No. 70 , § 10.

§ 248d. Fee refund.

If an applicant withdraws an application and seeks a fee refund, then a written request for an application fee refund shall be submitted to the Public Utility Commission (Commission) within 90 days of the withdrawal of the application.

1. As used in this section, "agency" means the Agency of Natural Resources, the Department of Public Service, or the Commission.
2. In the event that an application is withdrawn before any agency has filed comments expressing a position on any part of the application, filed testimony, or filed a stipulated agreement with the Commission in the context of a certificate of public good proceeding, the Commission shall, upon request of the applicant, refund 50 percent of the fee paid to each agency above the first $100.00; however, in no instance shall the agency retain more than $20,000.00.
3. In the event that an application is withdrawn after any agency has filed comments expressing a position on any part of the application, filed testimony, or filed a stipulated agreement with the Commission in the context of a certificate of public good proceeding, the Commission shall, upon request of the applicant, refund 25 percent of the fee paid to each agency above the first $100.00.
4. Commission decisions regarding application fee refunds may be appealed to the Vermont Supreme Court.
5. In no event may an application fee or a portion thereof be refunded after the Commission has issued a final decision on the merits of an application, whether the decision is to grant or deny the application in whole or in part.
6. No interest will be due or payable on any money refunded under this section.

   Added 2019, No. 70 , § 11.

§ 249. Service territories; Commission jurisdiction.

1. The Public Utility Commission shall have jurisdiction to establish service territories for companies subject to its supervision which are engaged in the distribution of electrical energy in the State and to alter those territories from time to time as conditions warrant.  In establishing or in altering service territories, the Commission shall give consideration to:
   1. existing service areas;
   2. any voluntary agreements between or among two or more such companies filed with the Commission which define service territories of the companies;
   3. consistency with the orderly development of the region;
   4. natural geographical boundaries;
   5. compatibility with the interests of all consumers; and
   6. all other relevant factors.
2. The Commission shall have power to exercise the jurisdiction conferred in this section only after due notice to all interested parties and hearing, and after making findings that the service territories established or altered are consistent with the general good of Vermont.
3. In establishing service territories, the Commission may declare that specified areas are not within the service territory of any company, and may leave the assignment of such areas for later determination.

   Added 1969, No. 257 (Adj. Sess.), § 3.

§ 249a. Campground submetering.

Notwithstanding the provisions of section 249 of this title or any other provision of this title, a person operating a recreational campground may provide submetered electric service to campground users on a nonprofit basis, if such service is provided in accordance with rules adopted by the Commission, including rules relating to notice of rates and charges, accuracy of electrical submeters, and reasonable billing and complaint procedures.

Added 1995, No. 182 (Adj. Sess.), § 18, eff. May 22, 1996.

§ 250. Application; maps.

Within six months after July 1, 1970, or at such later date as the Public Utility Commission may establish, each company engaged in the distribution of electrical energy in the State shall apply to the Commission for a service territory consisting of the distribution area served by it on July 1, 1970, and any areas not presently served by it or any other electric utility company which it believes it is entitled to serve. After consideration of the factors set forth in section 249 of this title, the Commission shall establish the service territory of each company. The service territory thus established shall be defined on a map or maps approved by the Commission. In the event applications under this section are filed by more than one electric company for an area, the Commission shall, after notice and hearing, determine what part of the area as to which competing claims are filed should be awarded to the respective applicants. In the event the distribution facilities of the competing applicants are so intertwined or commingled as to make establishment of exclusive service territories impracticable, the Commission may authorize two or more companies which have filed competing applications to serve the area in conflict, subject to the provisions of section 251 of this title.

Added 1969, No. 257 (Adj. Sess.), § 4.

§ 251. Areas served by several companies.

1. In any area which two or more companies distributing electrical energy are authorized to serve, a company shall not construct or extend its facilities, or furnish or offer to furnish its service to any person or property presently served by another public utility, without the written consent of the other public utility, or unless the Public Utility Commission, after notice and hearing, finds and determines that the service rendered by the serving public utility is inadequate and is not likely to be made adequate.
2. In the event service is requested for premises in an area which two or more companies distributing electrical energy are authorized to serve and have facilities available for service to the property, the public utility company the existing service facilities of which are nearest the metering point on the premises to be served shall, subject to the other applicable provisions of this section, be entitled to serve the premise.
3. In the event that service is requested for premises not within the service territory of any company, and if more than one other public utility is available for service to the property, the public utility whose existing service facilities are nearest the metering point on the premises to be served shall, subject to the other applicable provisions of this section, be entitled to serve said premises.
4. A company shall not construct or extend its facilities or furnish or offer to furnish its services to premises within the service territory of another company without being requested to do so by the company in whose territory the premises are located, or unless the Public Utility Commission, upon petition of the person served or to be served, after notice and hearing, finds and determines that the service rendered by such public utility in whose territory and premises are located is inadequate and will not be likely to be made adequate.
5. In resolving any dispute under subsections (b), (c), and (d) of this section, the Commission shall consider the factors set forth in section 249 of this title.

   Added 1969, No. 257 (Adj. Sess.), § 5.

§ 252. Experts, payment of expense.

The Public Utility Commission may employ technical and professional assistance as may be required in making the service territory determinations under sections 249-251 of this title and may allocate equitably that portion of the expense to the company or companies involved.

Added 1969, No. 257 (Adj. Sess.), § 6.

§ 253. National Environmental Policy Act review.

The Governor may authorize a State agency, including the Public Utility Commission, to participate as a lead agency or a cooperating agency in any environmental review pursuant to the provisions of the National Environmental Policy Act of 1969, as amended, of any natural gas facility, as defined in subdivision 248(a)(3) of this title, which is to be located in Vermont and which requires a federal approval pursuant to the Natural Gas Act.

Added 1987, No. 273 (Adj. Sess.), § 3, eff. June 21, 1988.