PART 1 Public Works and Property

CHAPTER 1. STATE BUILDINGS AND EQUIPMENT

Sec.

Cross References

Cross references. Acquisition of art for display in state buildings, see § 41 et seq. of this title.

Restrictions on smoking in public places, see 18 V.S.A. § 1741 et seq.

§ 1. Ownership of State buildings and equipment.

The State House and the public buildings in Montpelier or elsewhere, erected or owned by the State, together with the books, furniture, equipment, paintings, statuary, and every other thing with which such house or buildings are furnished, ornamented, or supplied, shall be the property of the State.

History

Source. V.S. 1947, § 46. P.L. § 45. 1933, No. 157 , § 1. G.L. § 326. P.S. § 257. V.S. § 192. R.L. § 131. G.S. 6, § 2. R.S. 6, § 2.

§ 2. Repealed. 1959, No. 328 (Adj. Sess.), § 35(c).

History

Former § 2, relating to duties of the Sergeant at Arms as superintendent of State buildings in Montpelier, was derived from 1953, No. 198 , § 1; V.S. 1947, § 467; 1943, No. 7 , § 1; P.L. § 430; G.L. § 413; 1912, No. 20 , § 2; P.S. § 314; R. 1906, § 284; 1904, No. 13 , § 1; 1898, No. 136 , § 1; V.S. § 233; 1886, No. 213 , § 3; R.L. § 170; G.S. 6, § 4; R.S. 6, § 4; 1838, No. 24 , § 7; 1836, No. 37 , § 1; 1809, p. 87.

§ 3. Employees of Commissioner of Buildings and General Services.

With the approval of the Governor, the Commissioner of Buildings and General Services may employ at all times such help and assistance as he or she shall deem necessary for the care and upkeep of the State Capitol and other administration buildings and of all other State property committed to his or her charge by law or custom. With the approval of the Governor, he or she shall fix the compensation and the term of service of all such employees unless otherwise provided by law.

Amended 1959, No. 328 (Adj. Sess.), § 11(a); 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984.

History

Source. V.S. 1947, § 468. P.L. § 431. 1933, No. 157 , § 372. 1921, No. 15 , § 1. G.L. § 414. 1917, No. 254 , § 407. 1912, No. 20 , § 3. P.S. § 316. 1904, No. 14 , § 1. 1902, No. 7 , § 1. V.S. § 234. 1886, No. 112 , § 1. R.L. § 171. 1878, No. 136 , § 10. G.S. 8, § 79. R.S. 8, § 56. 1838, No. 24 , § 3.

Revision note. In the section heading and in the first sentence, substituted "commissioner of buildings and general services" for "state buildings commissioner" for purposes of conformity with 1995, No. 148 (Adj. Sess.), § 4(c)(1).

Amendments--1983 (Adj. Sess.). Substituted "commissioner" for "director" in the section heading and preceding "may employ" in the first sentence.

Amendments--1959 (Adj. Sess.). Substituted "state buildings director" for "sergeant at arms" preceding "may employ" in the first sentence.

Cross References

Cross references. Department of Buildings and General Services generally, see § 152 et seq. of this title.

§ 4. Civil action for damages.

When damage is done to the public buildings of the State or to the furniture or appurtenances connected therewith, the State official responsible for repair shall cause such damage to be repaired and shall immediately cause an action on this statute to be instituted in the name of the State for the recovery of such damage, with full costs, against the person doing or causing it.

Amended 1959, No. 328 (Adj. Sess.), § 11(b); 1971, No. 213 (Adj. Sess.), § 5, eff. April 3, 1972.

History

Source. V.S. 1947, § 470. P.L. § 433. 1933, No. 157 , § 374. G.L. § 329. P.S. § 260. V.S. § 195. R.L. § 134. G.S. 6, § 7. R.S. 6, § 7. 1838, No. 24 , § 7. 1836, No. 37 , § 3.

Revision note. Deleted "of tort" following "an action" to conform language to V.R.C.P. 2 and 81(c) pursuant to 1971, No. 185 (Adj. Sess.), § 236(d). See note set out under 4 V.S.A. § 219.

Amendments--1971 (Adj. Sess.). Substituted "official responsible for repair" for "buildings director" preceding "shall cause".

Amendments--1959 (Adj. Sess.). Substituted "of the state" for "located in Montpelier" following "buildings" and "state buildings director" for "sergeant at arms" preceding "shall cause".

§ 5. Regulation of soliciting and advertising in State House.

A person may not distribute any advertising matter or solicit any subscription on the grounds of the State House or in other buildings owned or leased by the State, except under such regulations as shall be prescribed by the Commissioner of Buildings and General Services. In the case of the interior of the State House, the regulations shall be prescribed by the Sergeant at Arms. A person who violates a provision of this section shall be fined not more than $25.00 for each offense. This section shall not apply to organized charitable campaigns authorized by the Governor and a committee appointed by the Governor.

Amended 1959, No. 328 (Adj. Sess.), § 11(c); 1971, No. 213 (Adj. Sess.), § 6, eff. April 3, 1972; 1977, No. 109 , § 28, eff. July 3, 1977; 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984.

History

Source. V.S. 1947, § 471. P.L. § 434. 1933, No. 157 , § 375. G.L. § 330. 1917, No. 254 , § 332. 1910, No. 7 . P.S. § 261. 1904, No. 9 , §§ 1, 2.

Revision note. Substituted "commissioner of buildings and general services" for "state buildings commissioner" for purposes of conformity with 1995, No. 148 (Adj. Sess.), § 4(c)(1).

Amendments--1983 (Adj. Sess.). Substituted "commissioner" for "director" following "state buildings" at the end of the first sentence.

Amendments--1977. Substituted "subscription" for "subscriptions" following "solicit any" in the first sentence and added the last sentence.

Amendments--1971 (Adj. Sess.). Rewrote the first sentence, added the second sentence and substituted "$25.00" for "$10.00" in the third sentence.

Amendments--1959 (Adj. Sess.). Substituted "state buildings director" for "sergeant at arms" at the end of the first sentence.

§ 6. Visitors to State House grounds.

Except when the Legislature is in session and the Sergeant at Arms is in control of admission of persons to the State House, at such time as he or she deems proper and expedient, the Commissioner of Buildings and General Services shall admit visitors to the State House grounds.

Amended 1959, No. 328 (Adj. Sess.), § 11(d); 1971, No. 213 (Adj. Sess.), § 7, eff. April 3, 1972; 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984.

History

Source. V.S. 1947, § 472. P.L. § 435. G.L. § 416. 1912, No. 20 , § 5. P.S. § 318. R. 1906, § 288. V.S. § 236. R.L. § 173. G.S. 8, §§ 84, 85. 1840, No. 5 .

Revision note. Substituted "commissioner of buildings and general services" for "state buildings commissioner" for purposes of conformity with 1995, No. 148 (Adj. Sess.), § 4(c)(1).

Amendments--1983 (Adj. Sess.). Substituted "commissioner" for "director" following "state buildings".

Amendments--1971 (Adj. Sess.). Section amended generally.

Amendments--1959 (Adj. Sess.). Section amended generally.

§ 7. Repealed. 2017, No. 111 (Adj. Sess.), § 7. History Former § 7. Former § 7, related to POW-MIA flag, was derived from 1997, No. 82 (Adj. Sess.), § 2.

History

Former § 8, relating to accounting and inventory for stationery and supplies, was derived from V.S. 1947, § 474; P.L. § 437; G.L. § 418; 1912, No. 20 , § 7; P.S. § 320; 1906, No. 12 , § 2. The subject matter is now covered by § 906 of this title.

Former § 9, relating to allowance of account for stationery and supplies, was derived from V.S. 1947, § 475; P.L. § 438; G.L. § 419; 1912, No. 20 , § 8; P.S. § 321; 1906, No. 12 , § 3. The subject matter is now covered by § 907 of this title.

Former § 10, relating to inventory of furniture and property, was derived from V.S. 1947, § 476; P.L. § 439; G.L. § 420; 1917, No. 254 , § 413; 1912, No. 20 , § 9; P.S. § 322; R. 1906, § 289; 1906, No. 12 , § 1; V.S. § 237; R.L. § 174; 1870, No. 1 , § 12; G.S. 8, §§ 86, 87; G.S. 6, § 5; 1856, No. 74 ; R.S. 6, § 5.

§§ 8-10. Repealed. 1959, No. 328 (Adj. Sess.), § 35(c).

CHAPTER 2. ART IN STATE BUILDINGS

Sec.

History

Repeal of termination date. 1997, No. 148 (Adj. Sess.), § 49, repealed 1993, No. 233 (Adj. Sess.), § 74, eff. June 21, 1994, which had provided for the repeal of this chapter on July 1, 1998.

§ 41. Purpose.

The State of Vermont, recognizing the need to enhance the working environment, to improve the character and quality of State buildings in order to create an environment of distinction, enjoyment, and pride for all citizens, and to encourage the donation of works of art to the State for its permanent collection or for exhibition in State buildings or facilities, hereby establishes a program to provide funds for and authorize the installation of permanent works of art at the time of new construction or renovation of State buildings and other facilities.

Added 1987, No. 267 (Adj. Sess.), § 1; amended 1993, No. 233 (Adj. Sess.), § 67, eff. June 21, 1994; 1997, No. 148 (Adj. Sess.), § 48, eff. April 29, 1998.

History

Amendments--1997 (Adj. Sess.). Section amended generally.

Amendments--1993 (Adj. Sess.). Section amended generally.

§ 42. Definitions.

Unless the context specifically indicates otherwise, as used in this chapter, the following definitions shall apply:

  1. "Addition" means any new construction that increases the height or floor area of an existing building or facility.
  2. "Contracting agency" means the administrative unit of State government responsible for securing the preparation of plans and specifications of a State building or facility for the purpose of negotiating or advertising for bids for the construction of such building or facility.
  3. "Council" means the Vermont Council on the Arts, Inc.
  4. "Commissioner" means the Commissioner of Buildings and General Services.
  5. "Occupant agency" means that public entity that has or will have principal authority to use or occupy a public building.
  6. "Mixed media" means any combination of two or more types of materials used to create a single work of art in two or three dimensions.
  7. "Project cost" means the budgeted cost of a construction or renovation project, excluding the cost of design and of land acquisition or land improvement.
  8. "State building or facility" means any State building, facility, permanent structure, park, or appurtenant structure thereof, wholly or partially enclosed, owned or leased by State government, the University of Vermont and State Agricultural College, or Vermont State Colleges, that is to be constructed or renovated in part or totally with funds from any appropriation of the General Assembly. The term does not include highways, airport runways, or taxi ways, hangars, railroad tracks, sidings or yards, garages, sheds, warehouses, heating plants, sewers, parking lots and parking garages, bridges, highway garages, correctional facilities, or buildings used for storage or that are of a temporary nature. The term does not include buildings or facilities owned by units of local government, including school districts.
  9. "Project site" means any State building or facility undergoing new construction or renovation with a total project cost of $1,000,000.00 or more that has been approved for consideration by the Commissioner pursuant to this chapter.
  10. "Renovation" means any improvement to an existing building or facility, without increasing the height or floor area of the building or facility. The term does not include repairs or maintenance to an existing building or facility.
  11. "Works of art" means an original creation of visual art in sculpture, paintings, graphic arts, mosaics, photography, crafts, calligraphy, mixed media, or any other creation that the advisory committee deems a visual art.

    Added 1987, No. 267 (Adj. Sess.), § 1; amended 1997, No. 148 (Adj. Sess.), § 48, eff. April 29, 1998.

History

Amendments--1997 (Adj. Sess.). In subdiv. (2) substituted "state building" for "public building" and added "or facility" after "building" twice; added subdivs. (4) and (9) and redesignated the other subdivisions accordingly; and at the beginning of subdiv. (8) substituted "State building or facility" for "Public building or public facility".

§ 43. Art Acquisition Fund.

  1. An Art Acquisition Fund is created to finance the design, construction and purchase or commissioning of works of art to be included as an integral part of the structure of State buildings and facilities. Such works of art may be attached to the structure or may be detached within or outside the structure.
  2. Amounts in the Art Acquisition Fund at the end of each fiscal year shall not revert to the General Fund.
  3. Amounts in the Fund shall be expended upon order of the Council for acquisition or commissioning of works of art and for administration, as provided in this chapter.

    Added 1987, No. 267 (Adj. Sess.), § 1; amended 1997, No. 148 (Adj. Sess.), § 48, eff. April 29, 1998.

History

Amendments--1997 (Adj. Sess.). Subsec. (a): Substituted "state" for "public" near the end of the first sentence.

§ 44. Funds transfer for art.

  1. The Commissioner of Buildings and General Services, with the approval of the Secretary of Administration, may transfer up to $50,000.00 in any single fiscal year to the Art Acquisition Fund, from capital funds appropriated for projects which are eligible for the installation of works of art under this chapter.
  2. Of the funds transferred under subsection (a) of this section, $5,000.00 shall be available for use by the Council for the expenses of administering this chapter.
  3. Funds may be transferred under this section without further approval or appropriation by the General Assembly.

    Added 1987, No. 267 (Adj. Sess.), § 1; amended 1993, No. 233 (Adj. Sess.), § 68, eff. June 21, 1994; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1997, No. 148 (Adj. Sess.), § 48, eff. April 29, 1998; 2011, No. 104 (Adj. Sess.), § 22, eff. May 7, 2012.

History

Amendments--2011 (Adj. Sess.) Subsec. (b): Substituted "$5,000.00" for "$7,500.00".

Amendments--1997 (Adj. Sess.). Subsec. (b): Substituted "$7,500.00" for "15 percent".

Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "commissioner of buildings and general services" for "commissioner of state buildings".

Amendments--1993 (Adj. Sess.). Amended subsec. (a) generally, substituted "available for use by" for "transferred to" preceding "the council" in subsec. (b), and deleted former subsecs. (d) and (e).

§ 44a. Powers and duties of Commissioner.

  1. The Commissioner shall:
    1. Advise the Council on the administration of this chapter.
    2. Approve up to two project sites per year for consideration under this chapter for the installation of artwork.
    3. Establish procedures for accepting the donation to the State of artwork for installation in State buildings or facilities.
    4. Establish procedures for communicating with artists interested in donating artwork to the State under the provisions of this chapter.
    5. Review the final installation and placement of artwork.
    6. Assist occupants and contracting agencies in locating liability insurance for artwork when necessary.
    7. Ensure that early in the building design phase, the architect will discuss the placement and form of artwork with the selected artist, and that bid specifications will inform potential contractors of the artwork to be installed in the building or facility.
  2. The Commissioner is authorized to purchase artwork for the permanent State House collection with funds appropriated to the Department for that or other purposes in any capital construction act.

    Added 1997, No. 148 (Adj. Sess.), § 48, eff. April 29, 1998; amended 2001, No. 61 , § 30, eff. June 16, 2001; 2007, No. 52 , § 27, eff. May 28, 2007.

History

Amendments--2007. Subsec. (a): Added subdiv. (7).

Amendments--2001. Redesignated former introductory paragraph as present subsec. (a) and added subsec. (b).

§ 45. Duties of contracting agency.

Upon selection of an architect for any project, the contracting agency shall:

  1. notify the architect of the provisions of this chapter;
  2. notify the Commissioner and the Council of the selection of the architect and the details of the project; and
  3. ensure that the architect discusses the form and placement of the artwork with the artist early in the planning and design phase of the building.

    Added 1987, No. 267 (Adj. Sess.), § 1; amended 1993, No. 233 (Adj. Sess.), § 69, eff. June 21, 1994; 1997, No. 148 (Adj. Sess.), § 48, eff. April 29, 1998; 2007, No. 52 , § 28, eff. May 28, 2007.

History

Amendments--2007. Subdiv. (1): Deleted "and" at the end of the subdiv.

Subdiv. (2): Added "and" at the end of the subdiv.

Subdiv. (3): Added.

Amendments--1997 (Adj. Sess.). Subdiv. (2): Added "the commissioner and".

Amendments--1993 (Adj. Sess.). Deleted "and" following "project" in subdiv. (2) and deleted subdiv. (3).

§ 46. Use of funds.

  1. Project sites that are funded from an appropriation or appropriations in one or more annual capital construction acts, shall be eligible for consideration by the advisory committee for the installation of one or more permanent works of art. For a project expected to receive capital appropriations from more than one capital construction act, eligibility may be determined by the estimated total cost of the project after the initial appropriation is made. In recommending a project site to the advisory committee, the Commissioner shall give priority to buildings and facilities that are frequently visited by members of the public.
  2. Priority in acquisitions and commissions of works of art shall be given to Vermont artists.

    Added 1987, No. 267 (Adj. Sess.), § 1; amended 1993, No. 233 (Adj. Sess.), § 70, eff. June 21, 1994; 1997, No. 148 (Adj. Sess.), § 48, eff. April 29, 1998.

History

Amendments--1997 (Adj. Sess.). Subsec. (a): In the first sentence, substituted "Project sites" for "Each public building or facility undergoing new construction or renovation with a total project cost of $500,000.00 or more" and made a related change and, in the third sentence, substituted "In recommending a project site to the advisory committee, the commissioner" for "In selecting a building or facility for the installation of a work of art, the advisory committee".

Amendments--1993 (Adj. Sess.). Subsec. (a): Amended generally.

Subsec. (b): Inserted "of works of art" following "commissions".

§ 47. Advisory committee.

  1. There is established an advisory committee to oversee the administration of the Art Acquisition Fund.
  2. The advisory committee shall consist of the following or a designee: the Commissioner, the director of the Council, the Chairs of the House Committee on Corrections and Institutions and the Senate Committee on Institutions, and the Chair of the Vermont Board of Architects. Legislative members of the committee shall be entitled to per diem compensation and expense reimbursement for attending committee meetings pursuant to the provisions of 2 V.S.A. § 23 .
  3. The committee shall:
    1. oversee the administration of this chapter;
    2. establish guidelines for the selection of works of art; and
    3. establish guidelines for the composition of the art selection panel.
  4. The selection of works of art to be installed under this chapter in facilities of the University of Vermont and State Agricultural College and of the Vermont State Colleges shall be made pursuant to procedures of these institutions for this purpose.

    Added 1987, No. 267 (Adj. Sess.), § 1; amended 1993, No. 233 (Adj. Sess.), § 71, eff. June 21, 1994; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1997, No. 148 (Adj. Sess.), § 48, eff. April 29, 1998; 2019, No. 131 (Adj. Sess.), § 285.

History

2020. In subsec. (b), substituted "2 V.S.A. § 23" for "2 V.S.A. § 406" in accordance with 2019, No. 144 (Adj. Sess.), § 12(2).

Amendments--2019 (Adj. Sess.). Subsec. (b): Deleted "Senate and" preceding "House", inserted "Committee on Corrections and" following "House", and substituted "and the Senate Committee on Institutions," for "Committees".

Amendments--1997 (Adj. Sess.). Subsec. (b): Added the second sentence.

Subdiv. (c)(3): Substituted "the art selection panel" for "selection committees".

Amendments--1995 (Adj. Sess.) Subsec. (b): Substituted "commissioner of buildings and general services" for "commissioner of state buildings".

Amendments--1993 (Adj. Sess.). Subsec. (c): Made a change in punctuation in subdiv. (3) and deleted subdiv. (4).

§ 48. Powers and duties of Council.

  1. The Council shall facilitate a process that will result in a recommendation of an artist or artist team for each project selected for installation of artwork. The artist or artist team shall collaborate with the project architect or design team during the initial design phase of the project.
  2. Following design of the project, the Council shall:
    1. Appoint persons to serve on the art selection panel.
    2. Establish contract procedures for contracting with artists for works of art and with architects for services related to the planning for the acquisition of works of art.
    3. On the advice of the art selection panel, arrange contracts with artists and order payments from the art acquisition fund for such works of art.
    4. Review the final installation and placement of works of art. In the case of works to be commissioned, the art selection panel shall review the design, the final execution and the placement of the commissioned work.
    5. Assist occupant and contracting agencies in locating insurance when it deems such insurance is necessary for the protection of the works of art that are purchased.
  3. Without further appropriation, the Council may expend funds transferred to it for administration of this chapter.

    Added 1987, No. 267 (Adj. Sess.), § 1; amended 1993, No. 233 (Adj. Sess.), § 72, eff. June 21, 1994; 1997, No. 148 (Adj. Sess.), § 48, eff. April 29, 1998; 2007, No. 52 , § 29, eff. May 28, 2007.

History

Amendments--2007. Subsec. (a): Added "facilitate a process which will result in a recommendation of an artist or artist team for each project selected for installation of artwork. The artist or artist team shall collaborate with the project architect or design team during the initial design phase of the project" at the end of the subsec.

Subsec. (b): Added new introductory paragraph, and redesignated former subdivs. (a)(1)-(5) as (b)(1)-(5).

Subsec. (c): Redesignated former subsec. (b) as present subsec. (c).

Amendments--1997 (Adj. Sess.). Substituted "art selection panel" for "project selection committee" in subdivs. (a)(1), (a)(3) and (a)(4) and deleted subdiv. (a)(6), which read "upon request, assist units of local government in administering programs to provide works of art in their buildings and facilities".

Amendments--1993 (Adj. Sess.). Subdiv. (a)(1): Amended generally.

Subdiv. (a)(5): Substituted "locating" for "acquiring" following "agencies in".

CHAPTER 2A. DEFINITIONS

Sec.

§ 51. Repealed. 2003, No. 121 (Adj. Sess.), § 41, eff. June 8, 2004.

History

Former § 51, relating to life cycle costs, was derived from 1991, No. 259 (Adj. Sess.), § 14.

CHAPTER 3. GIFTS, SALE OR LEASE OF PUBLIC PROPERTY

Sec.

§§ 101, 102. Repealed. 1977, No. 247 (Adj. Sess.), § 195.

History

Former § 101, relating to acceptance of gifts to the State, was derived from V.S. 1947, § 428; P.L. § 385; G.L. § 358; P.S. § 282; 1906, No. 227 . § 1.

Former § 102, relating to compliance with terms of gifts to the State, was derived from V.S. 1947, § 428; P.L. § 385; G.L. § 358; P.S. § 282; 1906, No. 227 . § 2.

§§ 103-105. Redesignated.

History

Former § 103. 2003, No. 63 , § 26, eff. June 11, 2003, redesignated former § 103 as § 164 of this title.

Former § 104. 2003, No. 63 , § 27, eff. June 11, 2003, redesignated former § 104 as § 166 of this title.

Former § 105. 2003, No. 63 , § 28, eff. June 11, 2003, redesignated former § 105 as § 167 of this title.

CHAPTER 5. DEPARTMENT OF BUILDINGS AND GENERAL SERVICES

Sec.

History

Revision note. In chapter heading, substituted "department of buildings and general services" for "state buildings department" for purposes of conformity with 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 5, 1996.

Amendments--1983 (Adj. Sess.). 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984, substituted "Department" for "Division" in the chapter heading.

§ 151. Repealed. 1987, No. 243 (Adj. Sess.), § 32(1), eff. June 13, 1988.

History

Former § 151, relating to organization of the State Buildings Department, was derived from 1959, No. 328 (Adj. Sess.), § 10 and amended by 1965, No. 125 , § 10 and 1983, No. 147 (Adj. Sess.), § 4.

§ 152. Duties of Commissioner.

  1. The Commissioner of Buildings and General Services, in addition to the duties expressly set forth elsewhere by law, shall have the authority to:
    1. Be responsible for the administration of the Department.
    2. [Repealed.]
    3. Prepare or cause to be prepared plans and specifications for construction and repair on all State-owned buildings:
      1. For which the General Assembly or the Emergency Board has made specific appropriations.  In consultation with the department or agency concerned, the Commissioner shall select sites, purchase lands, determine plans and specifications, and advertise for bids for the furnishing of materials and construction thereof and of appurtenances thereto. The Commissioner shall determine the time for beginning and completing the construction. Any change orders occurring under the contracts let as the result of actions previously mentioned in this section shall not be allowed unless they have the approval of the Secretary of Administration.
      2. For which no specific appropriations have been made by the General Assembly or the Emergency Board.  The Commissioner may, with the approval of the Secretary of Administration, acquire an option, for a price not to exceed $75,000.00, on an individual property without prior legislative approval, provided the option contains a provision stating that purchase of the property shall occur only upon the approval of the General Assembly and the appropriation of funds for this purpose. The State Treasurer is authorized to advance a sum not to exceed $75,000.00, upon warrants drawn by the Commissioner of Finance and Management for the purpose of purchasing an option on a property pursuant to this subdivision.
      3. For which the Department of Buildings and General Services is granted a right of first refusal.  The Commissioner may, with the approval of the Secretary of Administration, enter into an agreement that grants the Department of Buildings and General Services a right of first refusal to purchase property, provided that the right of first refusal contains a provision stating that the purchase of the property shall occur only upon the approval of the General Assembly.
    4. Supervise construction, improvement, repair, alteration, demolition, and replacement of and addition to State buildings, structures, and facilities when the estimated cost thereof exceeds $3,000.00 except as provided in subdivision (3) of this subsection, and highways as defined in 1 V.S.A. § 119 and aeronautics facilities. The Commissioner shall supervise the maintenance of all State buildings.
    5. [Repealed.]
    6. Determine the necessity of repairs and replacements to all State-owned buildings and cause urgent repairs and replacements to be accomplished if within the limits of specific appropriations or if approved by the Emergency Board. Urgency of the repairs, maximum need for the building, and appropriations available shall be the determining factors in deciding priority of repairs and replacements. When the Commissioner determines that repairs and replacements should be made; the Commissioner shall so report in writing to the department or agency having control of the building, and the Commissioner shall request written authorization from the head of that department or agency to initiate the action necessary to accomplish the repairs or replacements. The Commissioner shall forward a copy of his or her recommendations to the Secretary of Administration when the Commissioner considers the repairs or replacements recommended by the Commissioner to be urgent whenever the department or agency controlling the building has failed to request initiation of action within a reasonable time after the Commissioner's second recommendation of action.
    7. [Repealed.]
    8. Employ such architectural and other professional assistance as he or she deems necessary in the performance of his or her duties. Before employing architectural and other professional assistance, the Commissioner shall give reasonable public notice of his or her intention to employ such assistance so as to allow full opportunity for any qualified expert to offer his or her services, and the Commissioner shall employ that architect or expert whose service will be in the best interests of the State.
    9. This section shall not apply to State-owned buildings under the jurisdiction and control of the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, the Military Department, and property at State airports under the jurisdiction of the Agency of Transportation. However, the Governor, by executive order, may place under the supervision of the Commissioner of Buildings and General Services specified buildings or classes of buildings under the jurisdiction and control of the Departments named.
    10. [Repealed.]
    11. For State-owned buildings and structures that are under the jurisdiction of the Historic Preservation Division as historic sites, the Director of Historic Preservation shall have jurisdiction over determining maintenance and restoration to be done, and the Commissioner of Buildings and General Services shall have jurisdiction over budgeting for and accomplishing the same.
    12. The Commissioner of Buildings and General Services may contract, after competitive bidding, for custodial and other maintenance services. No employee will be laid off or otherwise be removed from employment as a result of contracting out except in circumstances where the work is beyond the capacity of State employees, or that the work or program can be performed more economically under an outside contract, or that an outside contractor has management techniques, equipment, or technology that will result in better public service and increased productivity.
    13. Ensure that electric heat for space heating is not used in new State buildings or in the reconstruction of State buildings, except where it is cost effective to do so on a life cycle cost basis. The Commissioner shall develop a work plan to phase out the existing use of electric heat in State buildings, where it is cost effective to do so on a life cycle cost basis, and shall include in the annual budget requests to the General Assembly work plans and budgets to accomplish this phase-out in a timely fashion.
    14. Adopt rules to govern access to and conduct upon the grounds of and within the structures and buildings that fall within his or her jurisdiction. Specifically, and without limitation of the foregoing, the Commissioner is empowered to adopt rules governing access to property; littering; alcoholic beverages and narcotics; soliciting, debt collection, and campaigning; photographs for advertising or commercial purposes; pets and animals; and firearms and explosives while in State buildings under his or her jurisdiction or upon the grounds of these buildings, and in or upon property leased to the State and under the jurisdiction of the Commissioner.
    15. Consult with the Secretary of Education, when requested by the Secretary, concerning school construction projects.
    16. Allocate, at the Commissioner's discretion, funds from projects appropriated to the Department of Buildings and General Services by any capital construction act adopted pursuant to 32 V.S.A. § 701a to contract for the services of engineers, architects, and other consultants required to complete projects authorized in such a capital construction act and under the jurisdiction of the Commissioner. The authorization of this subdivision shall not abrogate the authority of the Commissioner to postpone projects authorized by such a capital construction act if the best interests of the State would be served thereby.
    17. Manage and expend all appropriations made in each annual capital construction act to the Department of Buildings and General Services under chapter 5 of this title. However, the Commissioner of Buildings and General Services may, with the approval of the Secretary of Administration, direct the Commissioner of Finance and Management to issue a warrant to pay the amount of any appropriation designated for use by an entity not affiliated with the Executive Branch directly to such entity.
    18. Postpone any project authorized by an annual capital construction act under the authority of or funded through the Department of Buildings and General Services if, due to financial or economic conditions, the best interests of the State will be served by postponement.
    19. Transfer any unexpended project balances between projects that are authorized within the same section of an annual capital construction act.
    20. Transfer any unexpended project balances between projects that are authorized within different capital construction acts, with the approval of the Secretary of Administration, when the unexpended project balance does not exceed $100,000.00, or with the additional approval of the Emergency Board when such balance exceeds $100,000.00.
    21. Cancel any authorized project if, due to financial or economic conditions, the best interests of the State will be served by cancellation, if approved by the Secretary of Administration, and postpone any authorized project if, due to financial or economic conditions, the best interests of the State will be served by postponement.
    22. Use the contingency fund appropriation to cover shortfalls for any project approved in any capital construction act; however, transfers from the contingency in excess of $50,000.00 shall be done with the approval of the Secretary of Administration.
    23. With the approval of the Secretary of Administration, transfer during any fiscal year to the Department of Buildings and General Services for use only for major maintenance within the Capitol Complex in Montpelier any unexpended balances of funds appropriated in any capital construction act for any Executive or Judicial Branch project, excluding any appropriations for State grant-in-aid programs, which is completed or substantially completed as determined by the Commissioner. On or before January 15 of each year, the Commissioner shall report to the House Committee on Corrections and Institutions regarding all transfers and expenditures made pursuant to this subdivision. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.
    24. Accept from the Federal Emergency Management Agency (FEMA) hazard mitigation grants on behalf of the State on an as-needed basis, or accept from any municipality any funds received by the municipality from FEMA. This authority is intended to permit the State to assist towns in certain situations by taking advantage of federal money in order to avoid depletion of State resources.
    25. Transfer any unexpended project balances from previous capital construction acts for the purpose of emergency projects not authorized in a capital construction act in an amount not to exceed $100,000.00, provided the Commissioner shall send timely written notice of such expenditures to the Chairs of the House Committee on Corrections and Institutions and the Senate Committee on Institutions.
    26. Be available to consult with and share the Department's expertise with school districts regarding the design, construction, or purchase of any new buildings or alterations of existing buildings in connection with any career technical center receiving funding under Title 16. The Commissioner, in collaboration with the Secretary of Education, shall periodically update the standards developed pursuant to 2000 Acts and Resolves No. 148, Sec. 44.
    27. After consulting with the State Treasurer to determine the effect of the contract on the State's debt and reviewing the creditworthiness of the company with which the State proposes to contract, and with the approval of the Emergency Board, enter into multiyear contracts with energy service companies or third-party leasing companies for energy efficiency and fuel switching improvements to State facilities, the cost of which will be recovered through the avoided fuel, utility, operating, and maintenance costs resulting from the improvements. Improvements must within 20 years achieve savings sufficient to cover their costs.
    28. With the approval of the Emergency Board, enter into performance contracts with private sector providers to create energy-smart State buildings and facilities primarily through revised operating strategies that will result in operating cost savings. The Commissioner shall work with private energy contractors and utilities companies to develop a plan to conduct energy audits, analyze the State's energy needs, improve purchasing procedures to speed the conversion to new technology, and develop revised operating strategies to identify the best use of the latest energy-saving technology.
    29. When purchasing land for new State highway garages and other transportation buildings, as well as other State buildings on major highways in the State, the Commissioner, in consultation with the Secretary of Transportation, shall consider purchasing additional land suitable for park-and-ride facilities.
    30. Provide services to the traveling public, lease space, sell products, and conduct any other activities within limits set forth in the federal Surface Transportation Act and Randolph-Sheppard Act and rules adopted thereunder, to administer the information and welcome centers, and use funds generated in the centers to supplement funds for maintaining and operating the centers.
    31. Receive payments from vendors through the Real-Time Demand Response Program. The Commissioner may contract with third-party brokers or directly with independent system operators to generate or to reduce electrical demand, or both, for State-owned facilities in return for payments to the State that shall be retained by the Facilities Operations Revolving Fund established in section 160a of this title.
    32. Accept funds and other contributions for State House renovations and restorations; educational, interpretive, and curatorial projects; and acquisition of historic furnishings, fixtures, and works of art for projects that pertain to the State House.
    33. Accept grants of funds, equipment, and services from any source, including federal appropriations, for the installation, operation, implementation, or maintenance of energy conservation measures or improvements at State buildings, provided that the Commissioner shall report receipt of a grant under this subdivision to the Chairs of the House Committee on Corrections and Institutions and the Senate Committee on Institutions.
    34. Sell thermal energy to the City of Montpelier at a price set by the Commissioner.
    35. Accept from the Department of Public Service, the City of Montpelier, or other entity grant funds for renovations to the Capital District Heat Plant.
  2. The Commissioner of Buildings and General Services shall:
    1. Prior to transfer of unexpended balances between projects under the provisions of this section or another provision of law, consult with the State Treasurer and the Commissioner of Finance and Management to determine that such transfer does not adversely affect the exclusion from gross income of the interest on the bonds from which such unexpended proceeds are derived, pursuant to Section 103 of the Internal Revenue Code of 1986 or any corresponding Internal Revenue Code section of the United States, as from time to time amended. The Commissioner shall notify the State Treasurer within 30 days of the postponement of any authorized projects for which bonds have been issued.
    2. Consult with the State Treasurer regarding implementation of projects in each capital appropriations act, including the disposition of assets purchased with capital appropriations, with regard to satisfactory resolution of issues associated with legal and tax-exempt status of outstanding State bonds.
  3. Notwithstanding any other provision of law, the Commissioner of Buildings and General Services is authorized to:
    1. Implement a "Motorist Aid Refreshment Program" at State rest areas and information centers. The Commissioner is authorized to accept, without active solicitation, donations for the services and associated supplies and may use surplus funds to pay for the Information Center Program.
    2. Permit nonprofit organizations and contracted information center operators to provide free refreshments to motorists. Nonprofits and contracted information center operators may accept voluntary donations, without active solicitation, from motorists.
    3. Adopt rules governing the provision of refreshments in accordance with this subsection.

      Added 1959, No. 328 (Adj. Sess.), § 10; amended 1961, No. 17 , §§ 1, 2, eff. March 15, 1961; 1977, No. 247 (Adj. Sess.), § 183; 1979, No. 74 , §§ 345, 346; 1979, No. 205 (Adj. Sess.), § 139, eff. May 9, 1980; 1981, No. 108 , § 331(b); 1983, No. 147 (Adj. Sess.), § 4, eff. April 11, 1984; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 243 (Adj. Sess.), §§ 32(2), 33, eff. June 13, 1988; 1991, No. 259 (Adj. Sess.), § 13; 1993, No. 59 , § 25c, eff. June 3, 1993; 1993, No. 233 (Adj. Sess.), § 46, eff. June 21, 1994; 1995, No. 148 (Adj. Sess.), § 4(b), eff. May 6, 1996; 1995, No. 178 (Adj. Sess.), § 296; 1995, No. 185 (Adj. Sess.), § 87, eff. May 22, 1996; 1999, No. 29 , § 39, eff. May 19, 1999; 2001, No. 61 , § 25; 2001, No. 149 (Adj. Sess.), §§ 25, 32, 34, 64, eff. June 27, 2002; 2003, No. 56 , § 59, eff. June 4, 2003; 2003, No. 121 (Adj. Sess.), §§ 27, 31, eff. June 8, 2004; 2005, No. 147 (Adj. Sess.), §§ 34, 49, eff. May 15, 2006; 2007, No. 52 , §§ 30, 31, eff. May 28, 2007; 2007, No. 200 (Adj. Sess.), § 35, eff. June 9, 2008; 2009, No. 33 , § 54; 2009, No. 43 , §§ 27, 28, eff. May 27, 2009; 2009, No. 135 (Adj. Sess.), §§ 23, 24; 2011, No. 40 , § 34a, eff. May 20, 2011; 2011, No. 139 (Adj. Sess.), § 24, eff. May 14, 2012; 2013, No. 51 , § 33, eff. May 29, 2013; 2013, No. 92 (Adj. Sess.), §§ 280, 281, 302, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 44; 2015, No. 23 , § 133; 2015, No. 131 (Adj. Sess.), § 30; 2017, No. 113 (Adj. Sess.), § 171; 2017, No. 154 (Adj. Sess.), § 29, eff. May 21, 2018; 2021, No. 74 , § E.103.2.

History

Reference in text. The Federal Emergency Management Agency (FEMA), referred to in subdiv. (a)(24), is codified as 42 U.S.C. § 5121 et seq.

The "Motorist Aid Refreshment Program", referred to in subdiv. (c)(1), is codified as 23 U.S.C. § 111.

Section 103 of the Internal Revenue Code of 1986, referred to in subsec. (b), is codified as 26 U.S.C. § 103.

Revision note. References to "commissioner of administration" in subdivs. (3), (5) and (6) changed to "secretary of administration" to conform references to new title and reorganization of State government. See 3 V.S.A. § 2222.

Reference to "subsection (3)" of this section in subdiv. (4) changed to "subdivision (3)" to conform reference to V.S.A. style.

References to "director" in the second sentence of subdiv. (8) changed to "commissioner" to conform references to changes made by 1983, No. 147 (Adj. Sess.), § 4.

Reference to "forest, parks and recreation department" in subdiv. (9) changed to "forests, parks and recreation department" to correct an apparent typographical error. See 10 V.S.A. § 2601 et seq.

Reference to "aeronautics commission" in subdiv. (9) changed to "aeronautics board" pursuant to 1959, No. 329 (Adj. Sess.), § 43.

Substituted "commissioner of general services" for "purchasing director" in subdiv. (5) in light of Executive Order No. 35-87, which provided for the designation of the exempt position of director of purchasing as the position of commissioner of general services. By its own terms Executive Order No. 35-87 took effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix. Executive Order No. 35-87, which this note refers to, was revoked and rescinded by E.O. 06-05 (No. 3-46), eff. Sept. 13, 2005.

Substituted "commissioner of general services and chief of administration" for "commissioner of general services" in subdiv. (5) in light of Executive Order No. 04-91, which provided for the redesignation of the exempt position of commissioner of the department of general services as the commissioner of general services and chief of administration. By its own terms, Executive Order No. 04-91 took effect on January 1, 1991.

Substituted "commissioner of general services" for "commissioner of general services and chief of administration" in the subdiv. (5) in light of Executive Order No. 01-93, which provided for the rescission of the provisions of Executive Order No. 04-91 authorizing the redesignation of the commissioner of the department of general services as the commissioner of general services and chief of administration. By its own terms, Executive Order No. 01-93 took effect on January 10, 1993. For the text of Executive Order No. 01-93, see chapter 3 of Title 3 Appendix.

Substituted "commissioner of buildings and general services" for "state buildings commissioner" in the undesignated introductory language and in subdiv. (9) in light of 1995 (Adj. Sess.), No. 148, § 4(b).

2014. Subdiv. (a)(15): Substituted "Secretary" for "commissioner" and "Secretary of Education" for "commissioner of education".

Amendments--2021. Subdiv. (a)(5): Repealed.

Amendments--2017 (Adj. Sess.). Subdiv. (a)(19): Act No. 113 substituted "an annual capital construction act" for "the act".

Subdiv. (a)(23): Act No. 154, in the second sentence, deleted "and the Senate Committee on Institutions" following "Corrections and Institutions" and "(23)" following "pursuant to this subdivision", and added the last sentence.

Amendments--2015 (Adj. Sess.). Subdiv. (a)(25): Deleted the former second sentence.

Amendments--2015 Subdiv. (a)(14): Substituted "Adopt" for "the Commissioner of Buildings and General Services may promulgate" preceding "rules" and deleted "and regulations" thereafter in the first sentence, and substituted "adopt" for "promulgate" following "empowered to" in the second sentence.

Subdiv. (a)(30): Substituted "adopted" for "promulgated" following "rules".

Amendments--2013 (Adj. Sess.) Subdiv. (a)(25): Added the last sentence.

Subdiv. (a)(26): Inserted "career" preceding "technical center" in the first sentence and substituted "Secretary of Education" for "Commissioner of Education" in the second sentence.

Amendments--2013. Substituted "General Assembly" for "legislature" in the first sentence in subdiv. (a)(3)(A) and in the first sentence in subdiv. (a)(3)(B); added subdiv. (a)(3)(C); and deleted former subdivs. (a)(23)(A) and (a)(23)(B).

Amendments--2011 (Adj. Sess.). Subsec. (a): Substituted "house committee on corrections and institutions and the senate committee on institutions" for "house and senate committees on institutions" in subdivs. (23) and (25), and for "senate committee on institutions, the house committee on corrections and institutions, and the joint fiscal committee" in subdiv. (33).

Amendments--2011. Subdivs. (a)(34) and (a)(35): Added.

Amendments--2009 (Adj. Sess.) Subdiv. (a)(3)(A): Deleted "and with the approval of the board of state buildings" following "agency concerned" in the first sentence.

Amendments--2009 (Adj. Sess.) Subdiv. (a)(5): Deleted "such" preceding "appraisals shall be furnished" and "the board of state buildings" following "administration" in the second sentence.

Amendments--2009 Subdiv. (a)(24): Act No. 33 deleted the last sentence.

Subdiv. (a)(26): Act No. 33 deleted "and shall report the updated standards to the house and senate committees on institutions on or before January 15 of the next occurring legislative session" following "1999 Adj. Sess. (2000)".

Subdivs. (a)(27) and (28): Act No. 33 deleted the last sentence.

Subdiv. (a)(33): Added by Act No. 43.

Subsec. (b): Act No. 43 added at the beginning of the subsec. "The commissioner of buildings and general services shall:" and designated the existing provisions as subdiv. (1) and deleted "the commissioner shall" preceding "consult" in that subdiv., and added subdiv. (2).

Amendments--2007 (Adj. Sess.). Subdivs. (a)(31) and (a)(32): Added.

Amendments--2007. Subsec. (a)(30): Added.

Subsec. (c)(1): Added "and may use surplus funds to pay for the information center program" at the end of the second sentence.

Amendments--2005 (Adj. Sess.). Subdiv. (a)(26): Substituted "Be available to consult with and share the department's expertise with school districts regarding" for "In his or her discretion, be responsible for" and deleted the second and third sentences.

Subdiv. (a)(27): Inserted "and reviewing the creditworthiness of the company with which the state proposes to contract" following "debt" and "or third-party leasing companies" following "companies".

Amendments--2003 (Adj. Sess.). Subdivs. (a)(27)-(29): Added.

Amendments--2003. Subsec. (c): Added.

Amendments--2001 (Adj. Sess.) Subdiv. (a)(3)(B): Substituted "$75,000.00" for "$10,000.00" twice, and substituted "the option contains" for "that the option contain" preceding "a provision" in the second sentence.

Subdiv. (a)(20): Deleted "the same topical sections of" following "authorized within", and substituted "$100,000.00" for "$100,000" in two places.

Subdivs. (a)(25) and (a)(26): Added.

Amendments--2001. Redesignated former introductory paragraph as present subsec. (a) and added subdivs. (a)(17)-(24) and subsec. (b).

Amendments--1999. Subdiv. (3)(B): Amended generally.

Subdiv. (16): Added.

Amendments--1995 (Adj. Sess.) Act No. 148 substituted "commissioner of buildings and general services" for "commissioner of general services" in subdiv. (5) and "commissioner of buildings and general services" for "commissioner of state buildings" in subdivs. (11), (12), (14) and (15).

Act No. 178 repealed subdiv. (7).

Act No. 185 added subdiv. (15).

Amendments--1993 (Adj. Sess.). Subdiv. (3)(B): Substituted "the commissioner" for "he" preceding "shall" and "secretary of administration" for "board of state buildings" preceding "and the department" in the second sentence, deleted "at least three members of the board of state buildings" following "undertaken by" in the third sentence, deleted "state buildings" preceding "commissioner" in the fourth sentence, and added the fifth sentence.

Amendments--1993. Subdiv. (14): Added.

Amendments--1991 (Adj. Sess.). Subdiv. (13): Added.

Amendments--1987 (Adj. Sess.). Repealed subdiv. (2), deleted "with the advice of the board of state buildings" preceding "employ such" in the first sentence of subdiv. (8).

Amendments--1983 (Adj. Sess.). Section heading: Act No. 147 substituted "commissioner" for "director".

Subdiv. (1): Act No. 147 substituted "department" for "division" following "administration of the".

Subdiv. (3)(B): Act No. 147 substituted "commissioner" for "director" following "state buildings" in the fourth sentence.

Subdiv. (6): Act No. 147 substituted "commissioner" for "director" following "made, the" in the third sentence and "commissioner's" for "director's" preceding "second" in the fourth sentence.

Subdiv. (9): Act No. 147 substituted "commissioner" for "director" following "state buildings" in the second sentence.

Act No. 158 substituted "wildlife" for "game" following "fish and" in the first sentence.

Subdiv. (11): Act No. 147 substituted "commissioner" for "director" preceding "of state".

Subdiv. (12): Act No. 147 substituted "commissioner" for "director" preceding "of state" in the first sentence.

Amendments--1981. Subdiv. (10): Repealed.

Amendments--1979 (Adj. Sess.). Subdiv. (12): Added.

Amendments--1979. Subdiv. (9): Substituted "forest, parks, and recreation department" for "forest and parks department" following "control of the" and "and property at state airports under the jurisdiction of the transportation agency" for "the department controlling buildings designated as historic sites and the aeronautics board" following "military department" in the first sentence.

Subdiv. (11): Added.

Amendments--1977 (Adj. Sess.). Subdiv. (10): Added.

Amendments--1961. Subdiv. (4): Rewrote the first sentence.

Subdiv. (9): Deleted "and" following "military department" and added "and the aeronautics commission" following "historic sites" in the first sentence.

Cross References

Cross references. Implementation of State Agency Energy Plan, see 3 V.S.A. § 2291.

Procedure for adoption of administrative rules, see 3 V.S.A. § 801 et seq.

ANNOTATIONS

Cited. University of Vermont v. City of Burlington, 131 Vt. 70, 300 A.2d 528 (1973).

§ 153. Parking rules.

The Commissioner of Buildings and General Services may from time to time make, amend, revise, or repeal parking rules for the use of land or structures either owned or leased by the State and that are under his or her jurisdiction and control.

Added 1969, No. 4 , eff. Feb. 17, 1969; amended 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984.

History

Revision note. Substituted "commissioner of buildings and general services" for "state buildings commissioner" for purposes of conformity with 1995, No. 148 (Adj. Sess.), § 4(c)(1).

Amendments--1983 (Adj. Sess.). Substituted "commissioner" for "director" following "state buildings".

Prior law. 29 V.S.A. § 152a.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 801 et seq.

§ 153a. Use of conference rooms by legislators.

Conference rooms in State office buildings shall be made available for use by members of the General Assembly.

Added 1993, No. 233 (Adj. Sess.), § 66, eff. June 21, 1994.

§ 154. Preservation of State House and historic State buildings.

  1. The Commissioner of Buildings and General Services shall give special consideration to the State House as a building of first historical importance and significance. He or she shall preserve the State House structure and its unique interior and exterior architectural form and design, with particular attention to the detail of form and design, in addition to keeping the buildings, its furnishings, facilities, appurtenances, appendages, and grounds surrounding and attached to it in the best possible physical and functional condition. Any permanent change, alteration, addition, or removal in form, materials, design, architectural detail, furnishing, fixed in place or otherwise, interior or exterior, of the State House may not be made without legislative mandate. Emergency and immediately necessary repairs may, however, be made without legislative mandate upon prior approval of the Governor.
  2. [Repealed.]

    Added 1959, No. 328 (Adj. Sess.), § 10; amended 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 2017, No. 84 , § 26, eff. June 16, 2017.

History

Revision note. In the first sentence of subsec. (a) and in subsec. (b), substituted "commissioner of buildings and general services" for "state buildings commissioner" for purposes of conformity with 1995, No. 148 (Adj. Sess.), § 4(c)(1).

Amendments--2017. Subsec. (a): In the third sentence, substituted "Any permanent" for "No" preceding "change" and inserted "materials" preceding "design" and "not" preceding "be made without".

Subsec. (b): Repealed.

Amendments--1983 (Adj. Sess.). Subsec. (a): Substituted "commissioner" for "director" following "state buildings" in the first sentence.

Subsec. (b): Substituted "commissioner" for "director" following "state buildings".

Prior law. 29 V.S.A. § 153.

Cross References

Cross references. Legislative Advisory Committee on the State House, see 2 V.S.A. § 651 et seq.

§ 154a. State Curator.

  1. Creation.  The position of State Curator is created within the Department of Buildings and General Services.
  2. Duties.  The State Curator's responsibilities shall include:
    1. oversight of the general historic preservation of the State House, including maintaining the historical integrity of the State House and works of art in the State House;
    2. interpretation of the State House to the visiting public through exhibits, publications, and tours; and
    3. acquisition, management, and care of State collections of art and historic furnishings, provided that any works of art for the State House are acquired pursuant to the requirements of 2 V.S.A. § 653(a) .
  3. Acquisition policy.  In coordination with the Legislative Advisory Committee on the State House, and in accordance with the plan developed pursuant to 2 V.S.A. § 653 , the State Curator shall adopt an acquisition policy that ensures that the acquisition of art for the State House reflects a diversity of artistic media and artists, the natural history of the State, and the diversity of the people and stories of Vermont throughout the history of the State.
  4. Interpretive plan.  In coordination with the Friends of the Vermont State House and the Vermont Historical Society, the State Curator shall create an interpretive plan that tells the stories of the State House art collection through accessible written, multimedia, and oral means. The plan shall include appropriate and inclusive training of State House volunteers and staff.

    Added 2017, No. 84 , § 27, eff. June 16, 2017; amended 2019, No. 139 (Adj. Sess.), § 33, eff. July 6, 2020.

History

Amendments--2019 (Adj. Sess.). Subsecs. (c), (d): Added.

§ 155. Repealed. 2015, No. 160 (Adj. Sess.), § 26, effective July 1, 2017.

History

Former § 155. Former § 155, relating to Historic Property Stabilization and Rehabilitation Special Fund, was derived from 2011, No. 40 , § 30 and amended by 2011, No. 104 (Adj. Sess.), § 27. A prior § 155, relating to preservation of historic and art objects in the State House, was derived from 1967, No. 352 (Adj. Sess.) and was previously repealed by 1983, No. 24 (Adj. Sess.), § 2.

§ 156. City of Montpelier District Heat Plant Maintenance Reserve Fund.

  1. There is established a special fund pursuant to 32 V.S.A. chapter 7, subchapter 5 known as the City of Montpelier District Heat Plant Maintenance Reserve Fund.
  2. The Fund shall comprise payments from the City of Montpelier for the City's share of the maintenance of the District Heat Plant.
  3. Monies in the Fund shall be available to the Commissioner of Buildings and General Services for the maintenance of the District Heat Plant upon commencement of the District Heat Plant's operations.
  4. The Commissioner of Finance and Management may draw warrants for disbursements from this Fund in anticipation of receipts. Any remaining balance at the end of the fiscal year shall be carried forward in the Fund.

    Added 2015, No. 26 , § 31, eff. May 18, 2015.

History

Former § 156. Former § 156, relating to composition of the Board of State Buildings, was derived from 1959, No. 328 (Adj. Sess.), § 10; amended by 1995, No. 148 (Adj. Sess.), § 4(c)(2); and repealed by 2009, No. 135 (Adj. Sess.), § 26(12)(A).

§ 157. Facilities condition analysis.

  1. The Commissioner of Buildings and General Services shall:
    1. maintain the condition of buildings and infrastructure under the Commissioner's jurisdiction to provide a safe and healthy environment through sustainable practices and judicious capital renewal;
    2. conduct a facilities condition analysis each year of 20 percent of the building area and infrastructure under the Commissioner's jurisdiction; and
    3. conduct investment grade energy audits to develop a pipeline of energy efficiency and conservation measures to be implemented through the State Energy Management Program or during construction projects.
  2. The Commissioner may use up to four percent of the funds appropriated to the Department of Buildings and General Services for major maintenance and planning for the purpose described in subsection (a) of this section.

    Added 2011, No. 104 (Adj. Sess.), § 24, eff. May 7, 2012; amended 2013, No. 178 (Adj. Sess.), § 23, eff. June 9, 2014; 2017, No. 84 , § 23, eff. June 16, 2017; 2019, No. 139 (Adj. Sess.), § 17, eff. July 6, 2020.

History

2011 (Adj. Sess.). Deleted designation of present third sentence of subdiv. (a)(2) as subdiv. (a)(3) to address a grammatical inconsistency.

Amendments--2019 (Adj. Sess.). Subdiv. (a)(2): Deleted "so that within five years all property is assessed" following "jurisdiction"; and deleted the second and third sentences.

Subdiv. (a)(3): Added.

Subsec. (b): Substituted "four" for "two".

Amendments--2017. Subdiv. (a)(2): Substituted "20" for "ten" preceding "percent" in the first sentence, and "five" for "ten" preceding "years" in two places.

Amendments--2013 (Adj. Sess.). Subdiv. (a)(2): Substituted "ten percent" for "20 percent" following "analysis each year of" and "ten years" for "five years" twice.

Former § 157. Former § 157, relating to duties of Board of State Buildings, was derived from 1959, No. 328 (Adj. Sess.), § 10; amended by 1983, No. 147 (Adj. Sess.), § 4(b); and previously repealed by 1987, No. 243 (Adj. Sess.), § 34.

§ 158. Repealed. 2009, No. 135 (Adj. Sess.), § 26(12)(B).

History

Former § 158, relating to the land and office building development plan, was derived from 1967, No. 170 , § 1.

Annotations From Former § 158

Cited. In re Agency of Administration, 141 Vt. 68, 444 A.2d 1349 (1982).

§ 159. Building maintenance; appropriations.

The sums appropriated for facilities operations shall be continuing and shall not revert to the State Treasury at the end of the fiscal year and may be added to succeeding appropriations for facilities operations.

Added 1959, No. 328 (Adj. Sess.), § 32; amended 1965, No. 86 ; 1973, No. 39 ; 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 1995, No. 178 (Adj. Sess.), § 297.

History

Amendments--1995 (Adj. Sess.) Section amended generally.

Amendments--1983 (Adj. Sess.). Substituted "commissioner" for "director" following "state buildings" in the first sentence.

Amendments--1973. Substituted "$25,000.00" for "$10,000.00" at the end of the fourth sentence.

Amendments--1965. Section amended generally.

Prior law. 29 V.S.A. § 156.

§ 160. Property Management Revolving Fund.

  1. There is established a Property Management Revolving Fund to provide space for office accommodations and other related purposes for which space is not available in buildings owned by the State. Space may be provided through the Fund for such departments or programs as the Secretary of Administration determines, except that space requirements for the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, the department controlling buildings designated as historic sites, the Military Department, and the Department of Labor shall be covered by this section only by executive order of the Governor.
  2. The Fund shall consist of:
    1. monies that are appropriated to the Fund, or that are paid to it under authorization of the Emergency Board;
    2. the proceeds of rental income received by the Department of Buildings and General Services from the leasing of property under its supervision; and
    3. fees to be paid by departments and agencies which shall be fixed by the Commissioner of Buildings and General Services subject to the approval of the Secretary of Administration, based on rentals, janitorial services, supplies, and other expenses necessarily incurred in providing space for such agencies.
  3. Monies from the Fund shall be expended for rental of property for the purposes contemplated in this section, and to defray the cost of custodial services and other expenses necessary to the proper use and enjoyment of such premises by the occupant. Monies from the Fund may also be expended for management of buildings and property under the jurisdiction of the Department of Buildings and General Services, including inventory, appraisal, space study and allocation, and renovations. Cost of studies, renovations, alterations, and modifications shall not exceed $50,000.00 unless approved by the Secretary of Administration.
  4. The Department of Buildings and General Services shall be responsible for administering the interests of the State in all existing leases and rentals for purposes that are designated in subsection (a) of this section in which the State is either a landlord or a tenant and where the name of another department or agency appears in any such lease, the Department of Buildings and General Services shall serve as the representative of that agency with all rights and responsibilities therein provided.  All leases, rentals, or renewals for the benefit of departments or agencies to which this section applies shall, beginning on July 1, 1969, be made and executed by and in the name of the Commissioner of Buildings and General Services.
  5. The Commissioner of Buildings and General Services shall supervise the receipt and expenditure of monies comprising the Property Management Revolving Fund, subject to the provisions of this section. He or she shall maintain accurate and complete records of all such receipts and expenditures and shall make an annual report on the condition of the Fund to the House Committee on Corrections and Institutions and the Senate Committee on Institutions. All balances remaining at the end of a fiscal year shall be carried over to the following year.

    Added 1969, No. 60 ; amended 1977, No. 247 (Adj. Sess.), § 184; 1981, No. 66 , § 5, eff. May 1, 1981; 1983, No. 147 (Adj. Sess.), § 4, eff. April 11, 1984; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, No. 242 (Adj. Sess.), § 307; 1995, No. 148 (Adj. Sess.), § 4(b), eff. May 6, 1996; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 121 (Adj. Sess.), § 21; 2009, No. 33 , § 55; 2011, No. 139 (Adj. Sess.), § 25, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 172.

History

2013. In subsec. (c), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Revision note Rewrote the former second and third sentences of subsec. (a) as the present second sentence to correct a grammatical error.

In the first sentence of subsec. (d), substituted "subsection (a) of this section" for "section 157(a)" to conform reference to V.S.A. style.

In the last sentence of subsec. (d), substituted "on July 1, 1969" for "with the effective date of this section" for purposes of clarity.

Substituted "department of building and general services" for "state buildings department" in subdiv. (b)(2) and in subsec. (d), and "commissioner of building and general services" for "state buildings commissioner" in subdiv. (b)(3) and subsec. (e), in light of 1995 (Adj. Sess.), No. 148, § 4(c)(1).

Amendments--2017 (Adj. Sess.) Subsec. (c): Substituted "in this section" for "herein" in the first sentence.

Amendments--2011 (Adj. Sess.). Subsec. (e): In the second sentence, substituted "house committee on corrections and institutions and the senate committee on institutions" for "secretary of administration" and made a minor grammatical change.

Amendments--2009 Subsec. (c): Deleted the last sentence.

Amendments--2007 (Adj. Sess.) Subsec. (e): Inserted "or she" following "he" in the second sentence, and deleted "and the fund shall be audited by the auditor of accounts" following "the following year" in the last sentence".

Amendments--2005 (Adj. Sess.). Subsec. (a): Pursuant to the general amendment, substituted "department of labor" for "department of employment and training".

Amendments--1995 (Adj. Sess.) Subsec. (c): Substituted "department of buildings and general services" for "department of state buildings" in the second sentence.

Amendments--1985 (Adj. Sess.). Section heading: Substituted "Property" for "Space".

Subsec. (a): Substituted "property" for "space" preceding "management" in the first sentence, "secretary of administration" for "commissioner of administration" and "department of forests, parks and recreation" for "department of forests and parks" in the second sentence and deleted "the aeronautics board" following "military department" in that sentence.

Subsec. (c): Added the second, third and fourth sentences.

Subsec. (e): Substituted "property" for "space" preceding "management" in the first sentence and "secretary of administration" for "commissioner of administration" at the end of the second sentence.

Amendments--1983 (Adj. Sess.). Subsec. (a): Act No. 158 substituted "wildlife" for "game" following "fish and" in the second sentence.

Subdiv. (b)(2): Act No. 147 substituted "department" for "division" following "state buildings".

Subdiv. (b)(3): Act No. 147 substituted "commissioner" for "director" following "state buildings".

Subsec. (d): Act No. 147 substituted "department" for "division" following "state buildings" wherever it appeared in the first sentence and "commissioner" for "director" at the end of the second sentence.

Subsec. (e): Act No. 147 substituted "commissioner" for "director" following "state buildings" in the first sentence.

Amendments--1981. Subsec. (a): Substituted "and training" for "security" following "department of employment" in the second sentence.

Amendments--1977 (Adj. Sess.). Subdiv. (b)(3): Deleted "not supported in total from the general fund" preceding "which shall be fixed" and substituted "secretary" for "commissioner" preceding "of administration".

Prior law. 29 V.S.A. § 157.

Report repeal delayed. 2015, No. 131 (Adj. Sess.), § 16 provides: "The reports set forth in this section shall not be subject to review under the provisions of 2 V.S.A. § 20(d) (expiration of required reports) until July 1, 2020."

ANNOTATIONS

1. Construction.

This section relates to all State agencies which are not expressly exempted by subsection (a). 1970-72 Op. Atty. Gen. 87.

The function of the Commissioner of administration under subsection (a) of this section is to determine and approve space needs, not the departments and programs covered by this section. 1970-72 Op. Atty. Gen. 87.

§ 160a. Facilities Operations Internal Service Fund.

  1. There is created a Facilities Operations Internal Service Fund in the Department of Buildings and General Services. The purpose of this Fund is to provide for:
    1. operating expenses for buildings, support facilities, and grounds;
    2. maintenance expenditures on buildings, support facilities, and grounds;
    3. major maintenance and renovation projects for buildings and support facilities;
    4. relocation expenses for State agencies;
    5. purchase of options for real estate acquisitions;
    6. payments to build or acquire buildings or support facilities as approved by the Legislature; and
    7. debt service payments on general obligation bonds authorized to build or acquire buildings and support facilities.
  2. The Fund shall consist of:
    1. Monies that are appropriated to the Fund or that are paid to it under authorization of the Emergency Board.
    2. The proceeds of rental income received by the Department of Buildings and General Services from the leasing of buildings and property under its supervision.
    3. Fees paid by departments and agencies including the Legislative and Judicial Branches. The rate of said fees shall be proposed by the Commissioner of Buildings and General Services subject to the approval of the Secretary of Administration. Proposed rates shall be based upon the cost of operations, debt service, and depreciation.
    4. Revenue derived from the sale of properties.
    5. Monies recovered from tenants for discretionary expenditures for services beyond the normal standards of facilities services.
    6. Monies recovered as a result of litigation relating to facilities operations, construction, or renovations.
    7. Funds received from the maintenance or operation of condominium facilities, including properties owned by nongovernmental persons or entities, in condominium facilities in which the State has an ownership interest.
  3. All balances remaining at the end of a fiscal year shall be carried over to the following year.

    Added 1999, No. 152 (Adj. Sess.), § 270; amended 2001, No. 61 , § 29; 2001, No. 142 (Adj. Sess.), § 310, eff. June 16, 2002; 2011, No. 63 , § E.121.

History

Amendments--2011. Section heading: Substituted "internal service" for "revolving".

Subsec. (a): Substituted "internal service" for "revolving" following "operations".

Subdiv. (b)(3): Deleted "to the legislature" following "proposed" in the second sentence and deleted the former fourth and fifth sentences.

Amendments--2001 (Adj. Sess.) Subdiv. (b)(3): Amended generally.

Amendments--2001. Subdiv. (b)(7): Added.

§ 160b. Sale of milk and milk products at information centers.

  1. The Division for the Blind and Visually Impaired is encouraged to sell milk and milk products, with a preference for the sale of Vermont-produced milk whenever feasible, in vending machines at rest areas and information centers in this State according to policies and rules established by the Commissioner of Buildings and General Services.
  2. The Commissioner shall designate areas within rest areas and welcome centers for the sale of milk and milk products with an emphasis on the sale of Vermont-made products. The Commissioner, at his or her sole discretion, shall have the authority to designate the areas where sales may occur.

    Added 2003, No. 63 , § 72, eff. June 11, 2003.

§ 160c. Nutrition procurement standards.

    1. The Commissioner of Health shall establish and post on the Department's website nutrition procurement standards that: (a) (1)  The Commissioner of Health shall establish and post on the Department's website nutrition procurement standards that:
      1. consider relevant guidance documents, including those published by the U.S. General Services Administration, the American Heart Association, and the National Alliance for Nutrition and Activity and, upon request, the Department shall provide a rationale for any divergence from these guidance documents;
      2. consider both positive and negative contributions of nutrients, ingredients, and food groups to diets, including calories, portion size, saturated fat, trans fat, sodium, sugar, and the presence of fruits, vegetables, whole grains, and other nutrients of concern in Americans' diets; and
      3. contain exceptions for circumstances in which State-procured foods or beverages are intended for individuals with specific dietary needs.
    2. The Commissioner shall review and, if necessary, amend the nutrition procurement standards at least every five years to reflect advances in nutrition science, dietary data, new product availability, and updates to federal Dietary Guidelines for Americans.
    1. All foods and beverages purchased, sold, served, or otherwise provided by the State or any entity, subdivision, or employee on behalf of the State shall meet the minimum nutrition procurement standards established by the Commissioner of Health. (b) (1)  All foods and beverages purchased, sold, served, or otherwise provided by the State or any entity, subdivision, or employee on behalf of the State shall meet the minimum nutrition procurement standards established by the Commissioner of Health.
    2. All bids and contracts between the State and food and beverage vendors shall comply with the nutrition procurement standards. The Commissioner, in conjunction with the Commissioner of Buildings and General Services, may periodically review or audit a contracting food or beverage vendor's financial reports to ensure compliance with this section.
  1. The Governor's Health in All Policies Task Force may disseminate information to State employees on the Commissioner's nutrition procurement standards.
  2. All State-owned or -operated vending machines, food or beverage vendors contracting with the State, or cafeterias located on property owned or operated by the State shall display nutritional labeling to the extent permitted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. ch. 9 § 301 et seq.
  3. The Commissioner of Buildings and General Services shall incorporate the nutrition procurement standards established by the Commissioner into the appropriate procurement document.

    Added 2015, No. 113 (Adj. Sess.), § 18.

History

Legislative findings. 2015, No. 113 (Adj. Sess.), § 17 provides: "(a) Approximately 13,000 Vermont residents are employed by the State or employed by a person contracting with the State. Reducing the impact of diet-related diseases will support a more productive and healthy workforce that will pay dividends to Vermont's economy and cultivate national competitiveness for State residents and employees.

"(b) Improving the nutritional quality of food sold or provided by the State on public property will support people in making healthy eating choices.

"(c) State properties are visited by Vermont residents and out-of-state visitors, and also provide care to dependent adults and children.

"(d) Approximately 25 percent of Vermont residents are overweight or obese.

"(e) Obesity costs Vermont $291 million each year in health care costs, contributing to debilitating yet preventable diseases, such as heart disease, cancer, stroke, and diabetes.

"(f) Improving the types of foods and beverages served and sold in workplaces positively affects employees' eating behaviors and can result in weight loss.

"(g) Maintaining a healthy workforce can positively affect indirect costs by reducing absenteeism and increasing worker productivity."

Existing procurement contracts. 2015, No. 113 (Adj. Sess.), § 19 provides: "To the extent possible, the State's existing contracts and agreements with food and beverage vendors shall be modified to comply with the nutrition procurement standards established by the Commissioner of Health."

§ 161. Requirements on State construction projects.

  1. Bids; selection.
    1. When the construction cost of any State project exceeds the sum of $50,000.00, the Commissioner of Buildings and General Services shall publicly advertise or invite three or more bids. The contract for any such State project or improvement shall be awarded to one of the three lowest responsible bidders, conforming to specification, with consideration being given to quantities involved, time required for delivery, purpose for which required, competency and responsibility of bidder, and his or her ability to render satisfactory service, but the Commissioner of Buildings and General Services with the approval of the Secretary of Administration, shall have the right to reject any and all bids and to invite other bids.
    2. When using the design-build construction delivery process, the Commissioner of Buildings and General Services shall publicly advertise or invite three or more bids. The award of a design-build contract shall be to the bidder determined by the Commissioner to be most responsive to evaluation criteria established by the Commissioner. Such criteria may include physical plant characteristics proposed, program response to space needs, ability of the design-build team, anticipated development schedule and overall cost considerations, including alternates, allowances, and schedule of values.
    3. All bids on State projects shall be required to comply with all applicable provisions of Title 21.
  2. Each contract awarded under this section for any State project with a construction cost exceeding $100,000.00 or a construction project with a construction cost exceeding $200,000.00 which is authorized and is at least 50 percent funded by a capital construction act pursuant to 32 V.S.A. § 701a shall provide that all construction employees working on the project shall be paid no less than the mean prevailing wage published periodically by the Vermont Department of Labor in its occupational employment and wage survey plus an additional fringe benefit of 42 and one-half percent of wage, as calculated by the current Vermont prevailing wage survey. As used in this section, "fringe benefits" means benefits, including paid vacations and holidays, sick leave, employer contributions and reimbursements to health insurance and retirement benefits, and similar benefits that are incidents of employment.
  3. In the construction of any State project, local capable labor shall be utilized whenever practicable, but this section shall not be construed to compel any person to discharge or lay off any regular employee.
  4. Subsections (a) through (c) of this section shall not apply to maintenance or construction projects carried out by the Agency of Transportation and by the Department of Forests, Parks and Recreation.
  5. The Agency of Administration shall ensure that the State and any of its subdivisions do not contract, directly or indirectly, with employers who are prohibited from contracting by the Commissioner of Labor pursuant to 21 V.S.A. §§ 692 , 708, and 1314a or the Commissioner of Financial Regulation pursuant to 8 V.S.A. § 3661 .
  6. The Agency of Administration shall maintain a current list of employers that have been prohibited from contracting with the State or any of its subdivisions, and the Agencies of Administration and of Transportation shall publish that list on their websites.

    Added 1973, No. 115 , §§ 1-3, eff. April 25, 1973; amended 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 1993, No. 233 (Adj. Sess.), § 76, eff. June 21, 1994; 1995, No. 148 (Adj. Sess.), § 4(b), eff. May 6, 1996; 1997, No. 148 (Adj. Sess.), § 72, eff. April 29, 1998; 1999, No. 148 (Adj. Sess.), § 43, eff. May 24, 2000; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 142 (Adj. Sess.), § 5b; 2015, No. 26 , § 24a, eff. May 18, 2015; 2015, No. 26 , § 24b, eff. July 1, 2017; 2015, No. 69 (Adj. Sess.), § 7, eff. Jan. 1, 2017.

History

Reference in text. In subsec. (d), substituted "agency of transportation" for "department of highways" to reflect enactment of 3 V.S.A. § 3102.

2012. Subsec. (e): Substituted "commissioner of financial regulation" for "commissioner of banking, insurance, securities, and health care administration" in accordance with 2011, No. 78 (Adj. Sess.), § 2.

Revision note - In subsec. (c), substituted "forests, parks and recreation" for "forests and parks" to reflect repeal of 10 V.S.A. § 2001 et seq. and enactment of 10 V.S.A. § 2601 et seq.

Amendments--2015 (Adj. Sess.). Subdiv. (a)(3): Added.

Amendments--2015 Subsec. (b): Section 24a of Act No. 26, effective May 28, 2015, deleted ", including such a project of the University of Vermont and State Agricultural College and of the Vermont State Colleges," following "32 V.S.A. § 701a", inserted "Vermont" preceding "Department of Labor", and added "plus an additional fringe benefit of 42 and one-half percent of wage, as calculated by the current Vermont prevailing wage survey" following "wage survey" in the first sentence, and added the second sentence.

Subsec. (b): Section 24b of Act No. 26, effective July 1, 2017, substituted "or a construction project with a construction cost exceeding $200,000.00" for "and" following "$100,000.00", "and is at least 50 percent" for "or" preceding "funded", and deleted "in whole or in part" preceding "by a capital construction" in the first sentence.

Amendments--2009 (Adj. Sess.) Subsec. (d): Added "Subsections (a) through (c) of" preceding "this section" and inserted "by the department of" preceding "forests".

Subsecs. (e) and (f): Added.

Amendments--2005 (Adj. Sess.). Subsec. (b): Pursuant to the general amendment, substituted "department of labor" for "department of employment and training".

Amendments--1999 (Adj. Sess.). Subsec. (a): Added the subsec. heading, designated the existing provisions of the subsec. as subdiv. (1) and added subdiv. (2).

Amendments--1997 (Adj. Sess.). Added subsec. (b), redesignating subsecs. (b) and (c) as (c) and (d).

Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "commissioner of buildings and general services" for "commissioner of state buildings" in the first and second sentences.

Amendments--1993 (Adj. Sess.). Subsec. (a): Substituted "50,000.00" for "5,000.00" in the first sentence.

Amendments--1983 (Adj. Sess.). Subsec. (a): Substituted "commissioner" for "director" preceding "of state buildings" in the first and second sentences.

Prevailing wage; University of Vermont and Vermont State Colleges. 2015, No. 26 , § 24d, effective July 1, 2016, provides: "Notwithstanding any other provision of law, the University of Vermont and State Agricultural College and the Vermont State Colleges shall pay no less than the prevailing wage determinations in accordance with the requirements of 29 V.S.A. § 161(b) for any new construction or major renovation project that receives funding in any capital construction act."

Prevailing wage; audits. 2015, No. 26 , § 24f provides: "The Commissioner of Labor, in consultation with the Commissioner of Buildings and General Services, shall conduct random audits of any contractor subject to 29 V.S.A. § 161(b) in sufficient number to ensure compliance with statutory requirements."

§ 162. Easements and rights-of-way.

The Commissioner of Buildings and General Services is authorized to grant easements and rights-of-way in connection with projects and land under his or her jurisdiction. In the event that the easement or right-of-way ceases to be used for the purpose granted, title to the easement shall revert to the State.

Added 1981, No. 48 ; amended 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 1995, No. 185 (Adj. Sess.), § 42, eff. May 22, 1996.

History

Revision note. Substituted "commissioner of buildings and general services" for "state buildings commissioner" in the first sentence for purposes of conformity with 1995, No. 148 (Adj. Sess.), § 4(c)(1).

Amendments--1995 (Adj. Sess.) Section amended generally.

Amendments--1983 (Adj. Sess.). Substituted "commissioner" for "director" following "state buildings" in the first sentence.

§§ 163. [Reserved.].

The Governor may lease any land he or she deems can be used to advantage by the State in connection with any State institution or department. Leases so entered into shall be kept on file in the office of the Secretary of State. The Commissioner of Finance and Management shall issue his or her warrants for obligations incurred under the provisions of this section.

Amended 1977, No. 253 (Adj. Sess.), § 3; 1983, No. 195 (Adj. Sess.), § 5(a); 2003, No. 63 , § 26.

History

Source. V.S. 1947, § 430. P.L. § 387. 1933, No. 157 , § 328. 1919, No. 12 , § 1. G.L. § 359. 1917, No. 14 , § 1. G.L. § 663. 1917, No. 35 , §§ 2, 3, 4. G.L. § 664. 1917, No. 35 , § 5. G.L. § 6667. 1917, No. 17 , § 15. 1915, No. 22 .

Codification. This section was originally enacted as 29 V.S.A. § 103 and was redesignated pursuant to 2003, No. 63 , § 26.

2019. Reference to "Commissioner of the Department of Finance and Information Support" changed to "Commissioner of Finance and Management" in light of reorganization of State government. See 3 V.S.A. chapter 45.

Reference to "finance director" in the last sentence changed to "commissioner of finance and management" to conform reference to new title and reorganization of state government.

Reference to "auditor of accounts" in the last sentence changed to "finance director" pursuant to 1959, No. 328 (Adj. Sess.), § 8(b).

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "department of finance" in the last sentence.

Amendments--1977 (Adj. Sess.). Section amended generally.

Abolition of department of finance and information support; transfer of duties and personnel. Executive Order No. 35-87 provided for the abolition of the department of finance and information support and the transfer of all of the duties, responsibilities and authority of that entity to the department of finance and management as established by the order; however, duties of the department of finance and information support relating to data processing are transferred to the department of general services as established by the order. The department of general services was renamed the department of buildings and general services by 1995 (Adj. Sess.), No. 148.

Executive Order No. 35-87 further provided for the redesignation of the position of commissioner of the department of finance and information support as the commissioner of finance and management and the redesignation of the position of deputy commissioner of the department of finance and information support as the deputy commissioner of the department of general services. The position of deputy commissioner of the department of general services was redesignated as the deputy commissioner of the department of buildings and general services by 1995 (Adj. Sess.), No. 148, § 4.

By its own terms, Executive Order No. 35-87 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix. Executive Order No. 35-87, which these notes refer to, was revoked and rescinded by E.O. 06-05 (No. 3-46), eff. Sept. 13, 2005.

§ 165. Space allocation, inventory, and use; leasing property; Commissioner's preapproval required.

  1. For purposes of this section, "agency" shall mean every Executive agency and the Judicial Department, every department not within an agency, every board, commission, or other entity not attached to an agency or department for administrative purposes, every not-for-profit corporation or entity occupying or using State-owned space, and shall include the Offices of the Chief Justice of the Vermont Supreme Court, the Court Administrator's Office, the Auditor of Accounts, the Attorney General, the Secretary of State, and the State Treasurer. "Agency" shall not mean, nor shall this section apply to, an entity not affiliated with the Executive or Judicial Branch of State government and not located in State-owned property, even though the entity may receive State capital funds. This section shall not apply to the Vermont State Colleges.
  2. The Commissioner of Buildings and General Services shall implement all reasonable and necessary measures to utilize all available space in all State buildings or structures before any improved property not owned by the State is leased to accommodate space needs of an agency.
  3. Notwithstanding any provision of law to the contrary, the Commissioner of Buildings and General Services shall have sole jurisdiction, sole authority, and sole responsibility for making space allocations and designating uses in any portions of any building or structure for which the Department of Buildings and General Services leases or pays for operation and maintenance expenses, or for which construction or fit-up was financed through an appropriation to the Department of Buildings and General Services.
  4. The Commissioner of Buildings and General Services shall by rule establish procedures which all agencies shall follow in the leasing of real property. No agency shall enter into any lease, no lease shall be valid, and no State funds shall be paid by the Department of Finance and Management pursuant to the terms of any lease, unless the proposed lease has been preapproved by the Commissioner of Buildings and General Services. If a lease is entered into pursuant to this section, the Commissioner of Buildings and General Services shall preapprove any additional fees, reimbursements, charges, or fit-up costs in excess of the proposed lease rental rate.
  5. The Commissioner of Buildings and General Services shall maintain an inventory of all State-owned buildings and shall biannually compile and update the information received under subsection (g) of this section, which shall be considered once available in making spacing allocations and designating uses under subsection (c) of this section.
  6. The Commissioner of Buildings and General Services shall maintain an inventory and provide any known information on all existing rights-of-way, including all conduits, ducts, passages, or attachments available, granted to, or presently used by telecommunications carriers. The inventory shall describe the ownership of such rights-of-way and the used and existing capacity thereof.
  7. The head of each agency shall prepare and forward to the Commissioner of Buildings and General Services when requested by the Commissioner in a format prescribed by the Commissioner an inventory of: square footage available for use; square footage in actual use; square footage not in use; square footage used for storage; square footage that is unfinished; cost per square foot for rent; cost per square foot for operation and maintenance; and the source of funds for rent, operation, and maintenance, including the act and section numbers of a legislative directive if applicable.
  8. No State-owned space in any State-owned building, structure, or other real property under the jurisdiction of the Commissioner of Buildings and General Services may be leased, occupied, or licensed for any purpose for less than its fair market value as determined by the prevailing area market prices for comparable space or property, except as follows:
    1. The Commissioner of Buildings and General Services may lease or license State-owned property under his or her jurisdiction for less than prevailing area market prices to municipalities, nonprofit organizations, school districts, or to persons whose proposed activities are determined by the Commissioner to serve a public purpose and when the term of the lease or license is less than three years.
    2. The Commissioner of Buildings and General Services may lease or license State-owned property under his or her jurisdiction for less than prevailing area market prices with the approval of the Joint Fiscal Committee when the term of the lease or license is three years or longer, or when the lease or license requested is a renewal of a lease or license issued pursuant to subdivision (1) of this subsection.
  9. In the event of a conflict between the provisions of this section and any other provision of law pertaining to State facilities, this section shall control.

    Added 1995, No. 185 (Adj. Sess.), § 43, eff. May 22, 1996; amended 1995, No. 148 (Adj. Sess.), § 4(b); 1997, No. 150 (Adj. Sess.), § 19; 1999, No. 29 , § 40, eff. May 19, 1999; 2001, No. 149 (Adj. Sess.), § 35, eff. June 27, 2002; 2013, No. 51 , § 26, eff. May 29, 2013.

History

Amendments--2013 Subsec. (d): Added the last sentence.

Amendments--2001 (Adj. Sess.). Subsec. (i): Added.

Amendments--1999. Subdiv. (h)(1): Inserted "nonprofit organizations, school districts" following "municipalities".

Amendments--1997 (Adj. Sess.). Subsec. (h): Added "under the jurisdiction of the commissioner of buildings and general services" in the introductory paragraph and deleted references to the secretary of transportation from subdivs. (1) and (2).

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of state buildings" in subsecs. (b), (c), (d), (e), (f), and (g), and in subdivs. (h)(1) and (h)(2), and substituted "department of buildings and general services" for "department of state buildings" in subsec. (c).

§ 166. Selling or renting State property.

  1. As agent of the State, with the advice and consent of the Governor unless otherwise provided, the Commissioner of Buildings and General Services may lease for a term not exceeding 10 years any real property owned by the State and not used for State purposes. This subsection shall not apply to leases of land pursuant to 10 V.S.A. chapter 83.
  2. Upon authorization by the General Assembly, which may be granted by resolution, and with the advice and consent of the Governor, the Commissioner of Buildings and General Services may sell real estate owned by the State. Such property shall be sold to the highest bidder therefor at public auction or upon sealed bids in the discretion of the Commissioner of Buildings and General Services, who may reject any or all bids. Notice of the sale or a request for sealed bids shall be posted in at least three public places in the town where the property is located and also published three times in a newspaper having a known circulation in the town, the last publication to be not less than 10 days before the date of sale or opening of the bids. Failing to consummate a sale under the method prescribed in this section, the Commissioner of Buildings and General Services is authorized to list the sale of this property with a real estate agent licensed by the State of Vermont. This subsection shall not apply to the sale, conveyance, exchange, or lease of lands or interests in lands; to the amendment of deeds, leases, and easements; or to sales of timber made in accordance with the provisions of 10 V.S.A. chapter 155 or the provisions of 10 V.S.A. chapter 83.
  3. The provisions of subsections (a) and (b) of this section shall not be construed to allow the Commissioner of Buildings and General Services to grant oil and gas leases on State-owned lands located within Vermont, but, with the approval of the Governor, the Commissioner of Buildings and General Services may sell or lease State lands for which an oil and gas lease has been granted, subject, however, to the terms and conditions of such oil and gas lease; provided, however, the Commissioner shall be responsible for any interests owned by the State in oil and gas resources located outside the State and may, after consultation with the Secretaries of Administration and of Natural Resources, lease or sell any such interest.
  4. The net proceeds from the sale of any real property owned by the State shall be paid into a capital fund account to be used for future capital construction projects as authorized by the General Assembly, except that such proceeds may be used as otherwise directed by the General Assembly, which legislative direction may be by resolution.
  5. Notwithstanding the provisions of subsection (a) of this section, specific approval is hereby granted by the General Assembly for the execution of new leases by an authorized State agent with the present lessees of individual camp lots on State lands on Groton, Marshfield, and Ricker ponds for a period exceeding 10 years.
  6. It is the legislative intent that any future costs to the State agent resulting from conditions in the leases specified in subsection (e) of this section that would permit or require the purchase of property from lessees by the State agent shall be funded directly by the General Assembly or, if it is not in session, by the Emergency Board.
    1. Any person who on April 8, 1975, is a lessee of State lands on Groton, Marshfield, and Ricker ponds may by letter petition the Department of Forests, Parks and Recreation in order to obtain a lease that runs to both the lessee and the lessee's spouse upon application and accompanying payment of $10.00. The Department of Forests, Parks and Recreation shall, within 30 days, prepare, execute and deliver to the lessee a new lease that runs to both lessee and lessee's spouse.  All terms of the new lease shall be identical to the terms of the old lease.  Upon execution of the new lease by lessee and lessee's spouse, the old lease shall be void. (g) (1)  Any person who on April 8, 1975, is a lessee of State lands on Groton, Marshfield, and Ricker ponds may by letter petition the Department of Forests, Parks and Recreation in order to obtain a lease that runs to both the lessee and the lessee's spouse upon application and accompanying payment of $10.00. The Department of Forests, Parks and Recreation shall, within 30 days, prepare, execute and deliver to the lessee a new lease that runs to both lessee and lessee's spouse.  All terms of the new lease shall be identical to the terms of the old lease.  Upon execution of the new lease by lessee and lessee's spouse, the old lease shall be void.
    2. The petition brought by the lessee shall state that the lessee desires to have the lease run to both lessee and lessee's spouse.  The petition shall include the full name of the lessee's spouse, the spouse's Social Security number, if any, and the full address of the spouse.

      Amended 1959, No. 328 (Adj. Sess.), § 16(a); 1965, No. 155 , § 2; 1973, No. 7 ; 1973, No. 179 (Adj. Sess.), eff. March 29, 1974; 1975, No. 29 , § 1, eff. April 8, 1975; 1981, No. 240 (Adj. Sess.), § 8, eff. April 28, 1982; 1985, No. 217 (Adj. Sess.); 1987, No. 243 (Adj. Sess.), § 30, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1997, No. 148 (Adj. Sess.), § 71, eff. April 29, 1998; 2003, No. 63 , § 27; 2003, No. 121 (Adj. Sess.), § 35, eff. June 8, 2004; 2017, No. 89 (Adj. Sess.), § 2, eff. Feb. 28, 2018; 2019, No. 139 (Adj. Sess.), § 18, eff. July 6, 2020.

History

Source. 1957, No. 291 , § 8. 1951, No. 14 . V.S. 1947, § 573. P.L. § 520. G.L. § 600. P.S. § 434. 1904, No. 22 , § 1. V.S. § 326. R.L. § 239. 1863, No. 30 , § 2.

Reference in text. The reference to 10 V.S.A. chapter 55 in subsec. (b) is obsolete. Former 10 V.S.A. chapter 55, relating to State, national, and municipal forests, was redesignated as 10 V.S.A. chapter 75 and then repealed in 1978. Present 10 V.S.A. chapter 55 relates to aid to municipalities for water supply, pollution abatement, and sewer separation.

Codification. This section was originally enacted as 29 V.S.A. § 104 and was redesignated pursuant to 2003, No. 63 , § 27.

Revision note. In the fourth sentence of subsec. (b), substituted "this section" for "29 V.S.A. § 104" to conform reference to V.S.A. style.

In subsec. (c), substituted "purchasing director" for "auditor of accounts" to correct an apparent oversight in 1959, No. 328 (Adj. Sess.), § 16(a).

In subsec. (d), deleted the subsec. heading for purposes of conformity with the text of the remainder of the section.

In subsec. (f), inserted "of this section" following "subsection (e)" to conform reference to V.S.A. style.

In the first sentence of subdiv. (g)(1), substituted "April 8, 1975" for "the effective date of this act" for purposes of clarity.

In the first and second sentences of subdiv. (g)(1), substituted "department of forests, parks and recreation" for "department of forests and parks" to reflect repeal of § 2001 et seq. and enactment of 10 V.S.A. § 2601 et seq.

Amendments--2019 (Adj. Sess.). Subsec. (b): In the last sentence, substituted "the sale, conveyance, exchange, or lease of lands or interests in lands; to the amendment of deeds, leases, and easements;" for "exchanges of lands", inserted "to" preceding "sales", and substituted "155 or" for "55 or to the sale of land or interests in land made in accordance with".

Amendments--2017 (Adj. Sess.). Subsecs. (a) and (b): Amended generally.

Amendments--2003 (Adj. Sess.). Subsec. (c): Inserted "on state-owned lands located within Vermont" following "leases" and "provided, however, the commissioner shall be responsible for any interests owned by the state in oil and gas resources located outside the state and may, after consultation with the secretaries of administration and of natural resources, lease or sell any such interest" following "gas lease".

Amendments--1997 (Adj. Sess.). Subsec. (b): Added "which may be granted by resolution" in the first sentence.

Subsec. (d): Added the exception at the end of the subsec.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of state buildings" in subsec. (a), in the first, second, and fourth sentences of subsec. (b) and in two places in subsec (c).

Amendments--1987 (Adj. Sess.). Subsec. (a): Deleted "may sell, convey or rent any personal property owned by the state and, with such advice and consent, the commissioner of state buildings" preceding "may lease for a term".

Amendments--1985 (Adj. Sess.). Subsec. (a): Substituted "commissioner of state buildings" for "purchasing director" preceding "may sell" and for "he" preceding "may lease".

Subsec. (b): Substituted "commissioner of state buildings" for "purchasing director" preceding "may sell" in the first sentence and preceding "who may reject" in the second sentence and added the fourth sentence.

Subsec. (c): Substituted "commissioner of state buildings" for "purchasing director" preceding "to grant" and preceding "may sell".

Subsec. (d): Amended generally.

Amendments--1981 (Adj. Sess.). Subsec. (c): Inserted "with the approval of the governor" preceding "the purchasing director may sell" and deleted "as provided therein, including lands" following "state lands".

Amendments--1975. Subsec. (g): Added.

Amendments--1973 (Adj. Sess.). Subsec. (e): Added. Subsec. (f): Added.

Amendments--1973. Subsec. (d): Amended generally.

Amendments--1965. Subsec. (d): Added.

Amendments--1959 (Adj. Sess.). Subsec. (a): Substituted "purchasing director" for "auditor" preceding "may sell".

Subsec. (b): Substituted "purchasing director" for "auditor of accounts" preceding "may sell" in the first sentence and preceding "who may reject" in the second sentence.

Subsec. (c): Substituted "purchasing director" for "auditor of accounts" preceding "to grant".

Extension of 10-year lease limit provisions for county courthouses. 1993, No. 59 , § 22a, eff. June 3, 1993, provided: "Notwithstanding the provisions of 29 V.S.A. § 104, the commissioner of buildings, with the approval of the secretary of administration and the emergency board, may enter into an agreement with the assistant judges of a county for a term longer than 10 years for the purpose of locating and providing a suitable courthouse in such county, in accordance with the provisions of 24 V.S.A. § 71."

Cross References

Cross references. State reservation of oil, gas, and minerals, see § 535 of this title.

ANNOTATIONS

1. Terms of leases.

Authority to lease real property owned by the State does not include authority to execute a contract which will obligate the state to build ski trails on the leased property, nor can the state through any of its administrative agencies enter into a contract to lease a ski area and prohibit any other conveyance for uphill transportation of the skiers in the leased area. 1938-40 Op. Atty. Gen. 186.

§ 167. Rental of State property to veterans' organizations.

The Commissioner of Buildings and General Services is hereby authorized to lease to national veterans' organizations, with established central offices in this State, the first floor of the Adams House on State Street in the City of Montpelier, or some comparable space in some other building in said City of Montpelier owned by State, federal, county, or municipal government or by a private party, except the State Capitol, State Library, Pavilion State office building and the State office building at 120 State Street. Said lease shall be on a year-to-year basis with the right of renewal thereof by the lessee but with right of the lessor to terminate said lease upon notice of not less than six months to the said lessees. The rent shall be for the nominal sum of $1.00 per year for each tenant organization. Space allocations to the various organizations shall be made and may be modified from time to time by the Commissioner of Buildings and General Services. Interior repairs and alterations shall be at the expense of the respective tenant subject to the approval of and under the supervision of the Commissioner of Buildings and General Services and exterior repairs shall be at the expense of the State and under the supervision of the Commissioner of Buildings and General Services. The expense of light, heat, and water as proportionately allocated by the Commissioner of Buildings and General Services shall be paid by the tenant organization into the Property Management Fund established by section 160 of this title, expect that any costs above the proportional costs shall be paid out of the operating funds of the Vermont Adjutant General.

Amended 1959, No. 328 (Adj. Sess.), § 16(b); 1987, No. 243 (Adj. Sess.), § 31, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1999, No. 1 , § 100, eff. March 31, 1999; 1999, No. 1 48 (Adj. Sess.), § 42, eff. May 24, 2000; 2003, No. 63 , § 28.

History

Source. 1949, No. 7 .

Codification. This section was originally enacted as 29 V.S.A. § 105 and was redesignated pursuant to 2003, No. 63 , § 28.

Editor's note. 1999, No. 1 , § 100, eff. March 31, 1999, provided for the amendment to 9 V.S.A. § 105; however, the text purported to be amended by the act was contained in 29 V.S.A. § 105. Therefore the amendment by 1999, No. 1 , § 100, was implemented in that section.

Amendments--1999 (Adj. Sess.). Deleted "state-owned" preceding "building" and inserted "owned by state, federal, county or municipal government or by a private party" preceding "except the", "Pavilion state office building" following "state library", "the" preceding "state office building" and "at 120 State Street" thereafter in the first sentence, and added "expect that any costs above the proportional costs shall be paid out of the operating funds of the Vermont adjutant general" in the last sentence.

Amendments--1999 Substituted "property management fund established by section 160 of this title" for "general fund of the state treasury" in the sixth sentence.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of state buildings" throughout the section.

Amendments--1987 (Adj. Sess.). Substituted "commissioner of state buildings" for "purchasing director" wherever it appeared in the first, fourth, fifth and sixth sentences.

Amendments--1959 (Adj. Sess.). Substituted "purchasing director" for "sergeant at arms" wherever it appeared.

Cross References

Cross references. For provision relating to the department of buildings and general services generally, see 3 V.S.A. § 2283a.

§ 168. State Energy Management Program; Revolving Funds.

  1. State Energy Management Program.
    1. There is established within the Department of Buildings and General Services the Energy Management Program for administering the interest of the State in all energy management measures in State buildings and facilities, including equipment replacement, studies, weatherization, construction of improvements affecting the use of energy resources, the implementation of energy efficiency and conservation measures, and the use of renewable resources.
    2. The Energy Management Program shall be implemented through two revolving funds used to finance energy management measures in State buildings and facilities. Pursuant to subsections (b) and (c) of this section, the State Resource Management Revolving Fund shall provide revenue for implementation of resource conservation measures, and the Energy Revolving Fund shall provide funding for energy efficiency improvements and the use of renewable resources. The Commissioner of Buildings and General Services shall establish guidelines for the provision of funding for energy management measures through these revolving funds.
    3. All energy management measures taken pursuant to this section shall be made and executed by and in the name of the Commissioner.
  2. State Resource Management Revolving Fund.
    1. There is established the Resource Management Revolving Fund to provide revenue for implementation of resource conservation measures anticipated to generate a life cycle cost benefit to the State. All State agencies responsible for development and operations and maintenance of State infrastructure shall have access to the Resource Management Revolving Fund on a priority basis established by the Commissioner.
    2. The Fund shall consist of:
      1. monies appropriated to the Fund, or which are paid to it under authorization of the Emergency Board;
      2. monies saved by the implementation of resource management conservation measures; and
      3. fees for administrative costs paid by departments and agencies, which shall be fixed by the Commissioner subject to the approval of the Secretary of Administration.
      4. [Repealed.]
    3. Monies from the Fund shall be expended by the Commissioner for resource conservation measures anticipated to generate a life cycle cost benefit to the State and all necessary costs involved with the administration of State agency energy planning as determined by the Commissioner.
    4. The Commissioner shall establish criteria to determine eligibility for funding of resource conservation measures.
    5. Agencies or departments receiving funding shall repay the Fund through their regular operating budgets according to a schedule established by the Commissioner. Repayment shall include charges of fees for administrative costs over the term of the repayment.
    6. The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.
    7. The Commissioner shall maintain accurate and complete records of all receipts by and expenditures from the Fund.
    8. All balances remaining at the end of a fiscal year shall be carried over to the following year.
  3. Energy Revolving Fund.
    1. There is established an Energy Revolving Fund to finance energy efficiency improvements and the use of renewable resources in State buildings and facilities anticipated to generate a cost-savings to the State. State agencies and departments shall have access to the Energy Revolving Fund on a priority basis established by the Commissioner and the State Treasurer.
    2. The Fund shall consist of:
      1. monies appropriated to the Fund or which are paid to it under authorization of the Emergency Board;
      2. monies saved by the implementation of energy efficiency improvements and the use of renewable resources;
      3. any funds available through a credit facility maintained by the State Treasurer in accordance with subsection (d) of this section; and
      4. fees for administrative costs paid by departments and agencies, which shall be fixed by the Commissioner subject to the approval of the Secretary of Administration.
    3. Monies from the Fund shall be expended by the Commissioner for measures anticipated to generate a cost-savings to the State and costs involved with the administration of the State agency energy plan as determined by the Commissioner.
    4. The Commissioner and the State Treasurer shall establish criteria to determine eligibility for funding of energy efficiency improvements and the use of renewable resources, including returns of investment on terms acceptable to the State Treasurer.
    5. Agencies and departments receiving funding shall repay the Fund through their regular operating budget according to a schedule established by the Commissioner. Repayment shall include charges of fees for administrative costs over the term of the repayment.
    6. The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.
    7. The Commissioner of Buildings and General Services shall maintain accurate and complete records of all receipts by and expenditures from the Fund.
    8. All balances remaining at the end of a fiscal year shall be carried over to the following year; provided, however, that any amounts received in repayment of the credit facility established under subsection (d) of this section may be reinvested by the State Treasurer.
  4. Notwithstanding any other provision of law to the contrary, the State Treasurer, working in collaboration with the Department of Buildings and General Services, shall have the authority to establish a credit facility of up to $8,000,000.00, on terms acceptable to the State Treasurer. The credit facility shall be used for the purpose of financing energy efficiency improvements and the use of renewable resources anticipated to generate a cost-savings to the State.
  5. As used in this section:
    1. "Energy efficiency improvement" means a set of measures aimed at reducing the energy used by specific end-use devices and systems to provide light, heat, cooling, or other services without affecting the level of service provided. An energy efficiency project may also include energy conservation measures; that is, a reduction in energy consumption that corresponds with a reduction in service demand.
    2. "Renewables" has the same meaning as under 30 V.S.A. § 8002 .
    3. "Resource conservation measures" means a set of measures, including a study, product, process, or technology, aimed at reducing overall use or consumption of energy resources in State buildings or facilities. "Resource conservation measures" includes energy efficiency improvements.
  6. Beginning on or before January 15, 2015 and annually thereafter, the Department of Buildings and General Services shall report to the House Committee on Corrections and Institutions on the expenditure of funds from the State Resource Management Revolving Fund for resource conservation measures and the Energy Revolving Fund for energy efficiency improvements and the use of renewable resources. For each fiscal year, the report shall include a summary of each project receiving funding and the State's expected savings. 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.

    Added 2003, No. 121 (Adj. Sess.), § 46, eff. June 8, 2004; amended 2007, No. 121 (Adj. Sess.), § 22; 2009, No. 33 , § 56; 2011, No. 40 , § 48, eff. May 20, 2011; 2011, No. 104 (Adj. Sess.), § 29, eff. May 7, 2012; 2013, No. 178 (Adj. Sess.), § 41, eff. June 9, 2014; 2017, No. 154 (Adj. Sess.), § 30, eff. May 21, 2018.

History

Amendments--2017 (Adj. Sess.). Subsec. (f): Deleted "the Senate Committee on Institutions and" preceding "the House Committee on Corrections" in the first sentence and added the last sentence.

Amendments--2013 (Adj. Sess.). Subsecs. (a) and (b) amended generally. Subsec. (c): Added.

Amendments--2011 (Adj. Sess.) Subdiv. (b)(2)(D): Deleted.

Amendments--2011. Subdivs. (b)(2)(A), (B): Substituted "Monies" for "Moneys".

Subdiv. (b)(2)(D): Added.

Subdiv. (b)(3): Substituted "Monies" for "Moneys".

Amendments--2009 Subdiv. (b)(7): Deleted "and shall report to the general assembly on January 15 of each year regarding projects approved through the fund, the status of the fund, and a consolidated amortization schedule" following "fund".

Amendments--2007 (Adj. Sess.) Subsec. (b)(8): Deleted "and the auditor of accounts shall audit the fund" following "the following year".

State Energy Management Program. 2021, No 74, § E.112 provides: "(a) The Buildings and General Services State Energy Management Program may charge for technical assistance it provides to municipalities at an amount equal to time and cost."

§ 169. Brochure distribution fees.

  1. The Department of Buildings and General Services is authorized to accept brochure distribution fees, and to enter into agreements with other State agencies and departments to provide marketing, promotion, and advertising services.
  2. A special fund is established to be administered as provided under 32 V.S.A. chapter 7, subchapter 5 and to be known as the Brochure Distribution Special Fund for the purposes of ensuring that the fees collected under this section are utilized to fund travel destination promotion, information at the State's travel information centers, and operations and maintenance of State travel information centers. Revenues to the Fund shall be those fees collected for the placement and distribution of brochures of businesses in the State travel information centers and in other locations deemed appropriate by the Department.
  3. Brochure distribution fees authorized under subsection (a) of this section shall be set by the Department and shall be based on the location or locations of distribution, the size of the brochures, and the number of brochures distributed. The Department shall report the details of the fees established under this section every three years pursuant to 32 V.S.A. § 605 .

    Added 2007, No. 153 (Adj. Sess.), § 24; amended 2018, No. 11 (Sp. Sess.), § E.114, eff. July 2, 2018.

History

Amendments--2018 (Sp. Sess.). Subsec. (b): Amended generally.

§ 170. Parking in State parking lots.

  1. The Commissioner of Buildings and General Services is authorized to place signs and markings on land or in structures owned or leased by the State, including State parking lots, directing the parking, stopping, standing, and operation of motor vehicles. The driver or owner of any motor vehicle in a State-owned or controlled parking lot shall obey the instructions of any applicable posted sign or marking.
  2. Any sign or marking shall be presumed to have been placed at the direction of the Commissioner unless the contrary is established by competent evidence.
  3. On land or in structures owned or leased by the State under the jurisdiction of the Commissioner, the Commissioner or designee, or an enforcement officer, is authorized, pursuant to 23 V.S.A. § 1102 , to move, remove, or immobilize, or cause to be moved, removed, or immobilized, any motor vehicle that is stopped, parked, standing, or being operated contrary to applicable posted signs and markings or in the event of an emergency at the expense of the owner of the motor vehicle.

    Added 1997, No. 62 , § 6, eff. June 26, 1997; amended 1999, No. 29 , § 41, eff. May 19, 1999; 2001, No. 61 , § 35, eff. June 16, 2001.

History

Amendments--2001. Section amended generally.

Amendments--1999. Subsec. (d): Added.

§ 164. Leases.

CHAPTER 5A. STATE FACILITIES SECURITY

Sec.

§ 171. Responsibility for security.

  1. The Commissioner of Buildings and General Services shall be responsible for ensuring the security of all State facilities, regardless of funding source for construction or renovation, the lands upon which those facilities are located, and the occupants of those facilities and places, except that:
    1. in those State-owned or State-leased buildings that house a court plus one or more other functions, security for the space occupied by the court shall be under the jurisdiction of the Supreme Court and security elsewhere shall be under the jurisdiction of the Commissioner of Buildings and General Services;
    2. in those buildings which function exclusively as courthouses, security shall be under the jurisdiction of the Supreme Court;
    3. the space occupied by the Supreme Court shall be under the jurisdiction of the Supreme Court; and
    4. in the State House, security shall be under the jurisdiction of the Sergeant at Arms.
  2. The Commissioner of Buildings and General Services shall develop a security plan for each facility, except for those under the jurisdiction of the Supreme Court and of the Sergeant at Arms, and shall regularly update these plans as necessary and be responsible for coordinating responses to all security needs. The Supreme Court and the Sergeant at Arms shall, in cooperation with the Commissioner of Buildings and General Services, prepare and update such plans for the facilities under their respective jurisdictions.
  3. The Commissioner of Buildings and General Services may delegate the responsibility for security at specified facilities.
  4. All security improvements to State facilities shall be under the direction of the Commissioner of Buildings and General Services, who shall set statewide standards for policies, materials, and equipment, including voice and data reception and transmission upgrades and installations.
  5. Under this section, the Commissioner of Buildings and General Services is responsible for the protection of State facilities, the lands upon which the facilities are situated, and the occupants of those facilities, which is vital to sustaining the essential services of government in an emergency. The Commissioner shall develop plans for continuity of government and continuity of operations as an addendum to the State emergency operations plan maintained by the Department of Public Safety, Division of Emergency Management and referenced in 20 V.S.A. § 8(b)(2) .
  6. The Commissioner of Buildings and General Services, the Sergeant at Arms, and the Court Administrator shall execute a memorandum of understanding to coordinate the provision of security plans and law enforcement services within the Capitol Complex. The memorandum of understanding shall incorporate any existing agreements related to the provision of law enforcement services or security in the Capitol Complex. As used in this section, "Capitol Complex" has the same meaning as used in section 182 of this title.

    Added 1999, No. 29 , § 44, eff. May 19, 1999; amended 2001, No. 149 (Adj. Sess.), § 29, eff. June 27, 2002; 2015, No. 88 (Adj. Sess.), § 3, eff. May 6, 2016.

History

Amendments--2015 (Adj. Sess.). Subsec. (f): Added.

Amendments--2001 (Adj. Sess.). Subsecs. (d) and (e): Added.

ANNOTATIONS

Analysis

1. Construction.

Although this section entrusts the Vermont Supreme Court with the duty to maintain security at all Vermont courthouses, the statute does not transform every trespass notice issued by a State judicial officer into a judicial act. The statute does not affect or expand the jurisdiction of Vermont judges in the sense of giving them adjudicatory power; the statute confers power on the Vermont Judiciary in their administrative capacities. Huminski v. Rutland County Sheriff's Department, 211 F. Supp. 2d 520 (D. Vt. 2002).

2. Governmental immunity.

District court erred in ruling that county court judges were not entitled to judicial immunity from plaintiff's 42 U.S.C.S. § 1983 claims for their actions in limiting the plaintiff's presence in and around certain State courthouses as the judges acted within their judicial and not administrative capacities under 29 V.S.A. § 171(a) to protect court security and court operations. Huminski v. Corsones, 386 F.3d 116 (2d Cir. 2004).

§ 172. Capitol Complex security.

The Commissioner of Buildings and General Services shall be responsible for all security operations pertaining to the lands and structures within the Capitol Complex, except the interior of the State House and the space occupied by the Supreme Court, which is provided for in section 171 of this title.

Added 1999, No. 29 , § 44, eff. May 19, 1999; amended 2011, No. 139 (Adj. Sess.), § 26, eff. May 14, 2012.

History

Amendments--2011 (Adj. Sess.). Deleted the last sentence.

CHAPTER 6. CAPITOL COMPLEX

History

Amendments--2019 (Adj. Sess.). 2019, No. 144 (Adj. Sess.), § 10 deleted "Commission" following "Complex" in the chapter heading.

Subchapter 1. Capitol Complex Commission

History

Amendments--2019 (Adj. Sess.). 2019, No. 144 (Adj. Sess.), § 10 added the subchapter 1 designation and designated the existing §§ 181-185 as part of the subchapter.

§ 181. Purpose.

The General Assembly of the State of Vermont hereby finds, determines, and declares that the Capitol Complex is an important and unique historic district and that the maintenance of the architectural and aesthetic integrity of this district is of the utmost importance to all of the people of the State. It is the purpose of this chapter to establish a procedure for reviewing the plans for any structure within the Capitol Complex not substantially erected and completed on April 16, 1974.

Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974.

History

Revision note. In the last sentence, substituted "chapter" for "section" and "April 16, 1974" for "the effective date of this act" for purposes of clarity.

ANNOTATIONS

Cited. In re Agency of Administration, 141 Vt. 68, 444 A.2d 1349 (1982).

§ 182. Definitions.

As used in this chapter:

  1. "Capitol Complex" means all of the land and buildings in the City of Montpelier, excluding so much of State Street as lies within the boundaries thereof, enclosed within the following described bounds: commencing at the juncture of Taylor Street, so-called, and north line of the Winooski River, thence northerly along the westerly line of Taylor Street, crossing State Street and continuing northerly along the westerly line of the extension of Taylor Street, crossing Court Street at an angle to the westerly line of Greenwood Terrace, thence continuing northerly along the westerly line of Greenwood Terrace to a point on a line extension of the southerly line of Mather Terrace, thence westerly along the aforesaid line extension to Mather Terrace, thence westerly along the southerly line of Mather Terrace and Terrace Street to the intersection of Terrace Street and the easterly line of Bailey Avenue, thence southerly along the easterly line of Bailey Avenue crossing State Street and continuing along the easterly line of Bailey Avenue extension to the Winooski River, thence easterly along the northerly line of the Winooski River to the point of the beginning.
  2. "Capitol Complex Commission" means a commission consisting of seven members.
    1. Four members shall be appointed by the Governor, with the advice and consent of the Senate, for a term of three years. One member shall be appointed by the Speaker of the House, and one member shall be appointed by the Senate Committee on Committees, each for a term of two years. The seventh member shall be appointed by the Montpelier City Council for a term of two years.
    2. The Chair of the Capitol Complex Commission shall be designated by the Governor.
    3. Not fewer than two members of the Commission shall be residents of the City of Montpelier, and a member shall not be an exempt employee of the State of Vermont or a State legislator.
    4. The Commissioner of Buildings and General Services shall be the executive secretary of the Commission and shall have no vote.
  3. "Developer" means any person owning or undertaking construction of any structure of any nature on any plot or parcel within the Capitol Complex.
  4. "Plan" means but shall not be limited to all overall designs, blueprints of floor plans, site plans, elevation drawings, and front left and right and detailed perspectives.

    Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974; amended 1979, No. 87 (Adj. Sess.), § 1, eff. Feb. 20, 1980; 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 2001, No. 149 (Adj. Sess.), § 30, eff. June 27, 2002; 2019, No. 61 , § 18.

History

Revision note. At the beginning of subdiv. (1), substituted "as used in this chapter" for "so used in this act" to conform language to V.S.A. style.

Amendments--2019. Subdiv. (2): Substituted "seven" for "five" in the introductory paragraph, and added subdiv. designations for subdivs. (2)(A) through (2)(D).

Subdiv. (2)(A): Added the second sentence, and substituted "seventh" for "fifth" in the third sentence.

Subdiv. (2)(C): Substituted "Not fewer" for "No more", substituted "a" for "no", substituted "shall not" for "may", and added "or a State legislator".

Subdiv. (2)(D): Substituted "Commission" for "board".

Amendments--2001 (Adj. Sess.) Subdiv. (2): Substituted "shall be appointed by the Montpelier city council for a term of two years" for "shall be the chairman of the Montpelier planning commission" in the third sentence, and substituted "chair" for "chairman" in the fourth sentence.

Amendments--1995 (Adj. Sess.) Subdiv. (2): Substituted "commissioner of buildings and general services" for "commissioner of state buildings" in the sixth sentence.

Amendments--1983 (Adj. Sess.). Subdiv. (2): Substituted "commissioner" for "director" preceding "of state buildings" in the sixth sentence.

Amendments--1979 (Adj. Sess.). Subdiv. (2): Amended generally.

ANNOTATIONS

Cited. In re Agency of Administration, 141 Vt. 68, 444 A.2d 1349 (1982).

§ 183. Review of plans.

  1. No person shall commence construction on any structure on any plot or parcel within the Capitol Complex prior to approval of plans for such structure by the Capitol Complex Commission. For the purposes of this section "person" shall include the State of Vermont.
  2. Within 60 days after submission of tentative plans relating to the construction of any structure on any plot or parcel within the Capitol Complex, the Capitol Complex Commission shall approve such plans or suggest alterations or modifications relating to overall bulk, size, height, setback, parking requirements, landscaping, design continuity with other structures in the Capitol Complex, both private and public, and maintenance of the character of the Capitol Complex as a unique and historic district.
  3. In the event the Capitol Complex Commission suggests alterations or modifications in plans which will result in additional construction costs, the Commission may recommend to the Legislature, or to the Emergency Board if the Legislature is not then in session, payment to the developer of a sum of money in an amount not to exceed such additional costs.  The amount and manner of such recommendation shall be matters within the sole discretion of the Commission, except that no such amount shall be recommended because of a claim of a reduction in the profitability or fair market value of a parcel structure or improvement arising out of an alteration or modification in design.  The amount and manner of actual payment shall be matters within the discretion of the Legislature or Emergency Board.  For purposes of this chapter, the Emergency Board may deem payments hereunder to be "unforeseen emergencies" within the meaning of 32 V.S.A. § 133 .
  4. Acceptance of a modified plan or design by a developer shall constitute an undertaking that such altered or modified plan shall be faithfully carried out.
  5. The Capitol Complex Commission may adopt such rules and regulations to interpret and carry out the provisions of this chapter.  Such rules and regulations shall be filed in accordance with the provisions of 3 V.S.A. § 847 .

    Added 1973, No. 269 (Adj. Sess.), § 17.

History

2008. In subdiv. (5), substituted "3 V.S.A. § 847" for "3 V.S.A. § 805(e)" for purposes of clarity in light of the repeal of that section.

Revision note- In the last sentence of subdiv. (3), substituted "chapter" for "act" to conform reference to V.S.A. style.

§ 184. Penalties.

A violation of any provision of this chapter or the rules promulgated hereunder is punishable by a fine of not more than $500.00 for each day of the violation.

Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974.

§ 185. Enforcement.

In addition to the other penalties provided herein, the Capitol Complex Commission may, in the name of the State, institute any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate any violation hereof or the rules promulgated hereunder.

Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974.

Subchapter 2. Capitol Complex; Parking

History

Amendments--2019 (Adj. Sess.). 2019, No. 144 (Adj. Sess.), § 10 added subchapter 2.

Amendments--2001. Subsection (a): Inserted "or leased" preceding "parking lot", substituted "Title 29" for "Title 28", and inserted "but within the Montpelier area" following "capitol complex" in the first sentence and substituted "state parking" for "legislative parking" in the second sentence.

Subsection (b): Rewrote the introductory paragraph and subdiv. (1).

Subsection (d): Deleted.

§ 191. Parking.

  1. Any State-owned or -leased parking lot in the Capitol Complex, as defined in 29 V.S.A. § 182(1) , or any State-owned or -leased area used for parking outside the Capitol Complex but within the Montpelier area, shall be considered a "public highway," as defined in 23 V.S.A. § 4(13) , for enforcement purposes, whether or not open to the public or general circulation of vehicles. The driver or owner of any motor vehicle in such a State parking lot shall obey the instructions of any applicable posted sign or marking.
  2. On land or in structures owned or leased by the State, including State parking lots described in subsection (a) of this section, an enforcement officer is authorized:
    1. to enforce signs and markings relating to parking, stopping, standing, and operation of motor vehicles in a State parking lot;
    2. to issue a Vermont traffic summons and complaint, pursuant to 23 V.S.A. chapter 24, to the driver or owner of a motor vehicle stopped, parked, standing, or being operated contrary to the instructions on an applicable posted sign or marking; or
    3. pursuant to 23 V.S.A. § 1102 , at the driver's or the owner's expense, to move, remove, or immobilize, or cause to be moved, removed, or immobilized, any motor vehicle that is stopped, parked, standing, or being operated contrary to applicable posted signs and markings.
  3. Any sign or marking shall be presumed to have been placed at the direction of the Sergeant at Arms or the Commissioner of Buildings and General Services, unless the contrary is established by competent evidence.

    Added 1999, No. 148 (Adj. Sess.), § 47, eff. May 24, 2000; amended 2001, No. 61 , § 34, eff. June 16, 2001; 2019, No. 144 (Adj. Sess.), § 11(a).

History

Amendments--2001. Subsection (a): Inserted "or leased" preceding "parking lot", substituted "Title 29" for "Title 28", and inserted "but within the Montpelier area" following "capitol complex" in the first sentence and substituted "state parking" for "legislative parking" in the second sentence.

Subsection (b): Rewrote the introductory paragraph and subdiv. (1).

Subsection (d): Deleted.

Redesignation. This section, which was originally enacted as 2 V.S.A. § 71, was redesignated pursuant to 2019, No. 144 (Adj. Sess.), § 11(a), eff. July 1, 2020.

CHAPTER 7. STATE BUILDING COUNCIL

Sec.

§§ 201-209. Repealed. 1959, No. 328 (Adj. Sess.), § 35(d).

History

Former § 201, relating to composition of the Council, was derived from 1953, No. 198 , § 2; V.S. 1947, § 10,374; 1947, No. 3 , § 1.

Former § 202, relating to powers and duties of the Council, was derived from 1953, No. 198 , § 3; V.S. 1947, § 10,376; 1947, No. 3 , § 3. The subject matter is now covered by § 152 of this title.

Former § 203, relating to power to transfer unexpended appropriations, was derived from V.S. 1947, § 10,377; 1947, No. 3 , § 4.

Former § 204, relating to power to apply for and accept federal aid, was derived from V.S. 1947, § 10,379; 1947, No. 3 , § 6.

Former § 205, relating to planning and coordination of State building projects, was derived from 1953, No. 198 , § 4; V.S. 1947, § 10,380; 1947, No. 3 , § 7.

Former § 206, relating to property appraisals and recommended building maintenance appropriations, was derived from 1953, No. 198 , § 5.

Former § 207, relating to appropriations, was derived from 1953, No. 198 , § 6.

Former § 208, relating to exceptions, was derived from 1953, No. 198 , § 8.

Former § 209, relating to salary of Council members, was derived from V.S. 1947, § 10,382; 1947, No. 3 , § 9.

CHAPTER 8. CITY-STATE COMMISSION

Sec.

History

Former chapter 8. Former chapter 8, relating to the City-State Commission was repealed effective July 1, 2004 pursuant to 1997, No. 148 (Adj. Sess.), § 73.

§§ 210-214. Repealed. 1997, No. 148 (Adj. Sess.), § 73.

History

Former § 210, relating to policy, was derived from 1995, No. 62 , § 43 and was repealed by its own terms.

Former § 211, relating to city-state commissions, was derived from 1995, No. 62 , § 43; amended by 1995, No. 148 (Adj. Sess.), § 4(c)(1), 1996 No. 185 (Adj. Sess.), § 59, 1999, No. 29 , § 48, and was repealed by its own terms.

Former § 212, relating to staff, other professional support, and contracts, was derived from 1995, No. 62 , § 43; amended by 1995, No. 148 (Adj. Sess.), § 4(c)(1), and was repealed by its own terms.

Former § 213, relating to use of State appropriation, was derived from 1995, No. 62 , § 43; amended by 1995, No. 148 (Adj. Sess.), § 4(c)(1), and was repealed by its own terms.

Former § 214 relating to sunset of chapter, was derived from 1995, No. 62 , § 43; amended by 1995, No. 185 (Adj. Sess.), § 60 and 1997, No. 148 (Adj. Sess.), § 73 and was repealed by its own terms.

CHAPTER 9. MINES AND QUARRIES ON PUBLIC LAND

Sec.

§ 301. Ownership of mines and quarries discovered on public lands.

All mines or quarries discovered upon any public land belonging to the people of the State, or upon land beneath public waters, are the property of the people of this State in their right of sovereignty.

History

Source. V.S. 1947, § 7544. P.L. § 8208. G.L. § 6661. 1910, No. 171 , § 1.

ANNOTATIONS

1. Conveyance of public lands.

Where public lands were held in trust by town and University of Vermont for educational and religious purposes and original town charter reserved gold and silver mines to the State, legislative acts authorizing the town and university to convey the lands in fee simple included only such estate as passed under the charter, and title to any gold and silver mines would remain in the State. Jones v. Vermont Asbestos Corp., 108 Vt. 79, 182 A. 291 (1936).

§ 302. Right of discoverer to work claim.

A citizen of the United States discovering a valuable mine or quarry upon such lands or upon land beneath such waters, and filing a notice of discovery and a bond as hereinafter provided, may work such mine or quarry. He or she and his or her heirs and assigns shall have the sole benefit of all the product therefrom, on the payment into the State Treasury of two percent of the market value of all such products, as a royalty. Such valuation shall be made when such products are first in a marketable form. From time to time the Legislature may provide for a different rate of compensation to be paid to the State.

History

Source. V.S. 1947, § 7545. P.L. § 8209. 1933, No. 157 , § 7846. G.L. § 6662. 1910, No. 171 , § 2.

§ 303. Statements to be furnished.

A statement of the amount sold or removed from the premises covered by such notice of claim, and of all the trees cut or destroyed upon such lands, shall be made semiannually under oath to the State Treasurer. Payments of such royalty shall be made semiannually into the State Treasury, under oath as to the amount thereof, on the basis of such semiannual statement to the State Treasurer. A wilful falsehood in the contents of such statement made to such Treasurer in regard to such royalty shall work a forfeiture to the State of the value of the whole amount mined or quarried during the period covered by such statements.

History

Source. V.S. 1947, § 7546. P.L. S 8210. 1933, No. 157 , § 7847. G.L. § 6662. 1910, No. 171 , § 2.

§ 304. Effect on prior grants.

Nothing contained in this chapter shall affect any grant made by the Legislature prior to January 28, 1911, to persons having discovered mines or quarries; nor be construed to give a person the right to enter upon such lands, to break up such lands, to work any mine or quarry upon such lands, or remove any minerals from such lands, unless the written consent of the Commissioner of Buildings and General Services is previously obtained. Written permission to erect buildings upon such lands for the working of mines or quarries upon such lands may be given by the Commissioner of Buildings and General Services, when he or she is satisfied that the erection of such buildings will not be detrimental to the interests, of the State.

Amended 1959, No. 328 (Adj. Sess.), § 16(c); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.

History

Source. V.S. 1947, § 7547. P.L. § 8211. 1933, No. 157 , § 7848. G.L. § 6663. 1910, No. 171 , § 3.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in two places.

Amendments--1959 (Adj. Sess.). Substituted "purchasing director" for "state treasurer" following "consent of the" in the first sentence and following "given by the" in the second sentence.

§ 305. Cutting of timber restricted.

Nothing in this chapter shall authorize a person working a mine or quarry upon such lands, to cut or destroy any timber whatever, except such trees as it may be actually necessary to remove in order to uncover or make a road to such mine or quarry. For all trees which are cut, the party operating such mine or quarry shall pay into the State Treasury, as soon as the amount thereof is determined, such sums as the Commissioner of Forests, Parks and Recreation, by a writing filed with the Commissioner of Buildings and General Services, declares to be the value of such trees. Such value in the case of merchantable timber shall, in no instance, be less than $5.00 per 1,000.

Amended 1959, No. 328 (Adj. Sess.), § 16(d); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.

History

Source. V.S. 1947, § 7548. P.L. § 8212. 1933, No. 157 , § 7849. G.L. § 6664. 1910, No. 171 , § 4.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in the second sentence.

Amendments--1959 (Adj. Sess.). Substituted "purchasing director" for "secretary of state" preceding "declares" in the second sentence.

§ 306. Bond required to work claim.

A person proposing to work a mine or quarry upon such lands or upon land beneath such waters, before commencing such work thereon, shall file with the Commissioner of Buildings and General Services a bond in such sum and with such sureties as such Commissioner of Buildings and General Services shall require, conditioned for the payment when due of all sums of money coming due to the State, under the provisions of this chapter, and shall renew such bond and furnish such bond in addition thereto as such Commissioner of Buildings and General Services shall from time to time require.

Amended 1959, No. 328 (Adj. Sess.), § 16(e); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.

History

Source. V.S. 1947, § 7549. P.L. § 8213. 1933, No. 157 , § 7850. G.L. § 6665. 1910, No. 171 , § 5.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services".

Amendments--1959 (Adj. Sess.). Substituted "purchasing director" for "state treasurer" preceding "a bond" and for "treasurer" preceding "shall require" and "shall from time".

§ 307. Default by claimant.

If, at any time, a person working a mine or quarry upon such lands or upon land beneath such waters fails to make the payments required by this chapter when due, or fails to file any bond so required, his or her rights and the rights of all persons holding under him or her in such quarry or mine shall then and thereby terminate.

History

Source. V.S. 1947, § 7550. P.L. § 8214. 1933, No. 157 , § 7851. G.L. § 6666. 1910, No. 171 , § 6.

§ 308. Application to State forests and parks.

The provisions of this chapter shall not be construed so as to apply to State forests and parks.

Amended 1959, No. 328 (Adj. Sess.), § 16(e); 1977, No. 253 (Adj. Sess.), § 4.

History

Source. V.S. 1947, § 7551. P.L. § 8215. 1933, No. 157 , § 7852. G.L. § 6667. 1917, No. 17 , § 15. 1915, No. 22 .

Amendments--1977 (Adj. Sess.). Added "and parks" following "forests" in the section heading and the first sentence and deleted the second and third sentences.

Amendments--1959 (Adj. Sess.). Substituted "purchasing director" for "state treasurer" following "approval of the" in the second sentence.

Cross References

Cross references. Lease of mines and quarries on state forests and parks, see 10 V.S.A. § 2606.

CHAPTER 11. MANAGEMENT OF LAKES AND PONDS

Sec.

History

Amendments--1975 (Adj. Sess.). 1975, No. 162 (Adj. Sess.), § 1, eff. March 16, 1976, substituted "Management of Lakes and Ponds" for "Lands Lying Under Public Waters" as the chapter heading.

Moratorium on lake encroachment permits for sinking of vessel. 2021, No. 50 , § 30 provides: "Notwithstanding the authority of the Department of Environmental Conservation (Department) under 29 V.S.A. chapter 11 to authorize encroachments on lakes and ponds and lands lying thereunder, the Department shall not issue a lake encroachment permit for the intentional sinking of a vessel in any lake or pond within the jurisdiction of the Department during the period beginning on the effective date of this act and ending on July 1, 2024."

Statutory revision. 2011, No. 138 (Adj. Sess.), § provides: "To effect the purpose of this act of transferring the rulemaking authority of the water resources panel to the secretary of natural resources, the office of legislative council is directed to revise the existing Vermont Statutes Annotated and, where applicable, replace the terms 'natural resources board,' 'water resources panel of the natural resources board,' 'water resources panel,' 'water resources board,' and similar terms with the term 'secretary of natural resources,' 'secretary,' 'agency of natural resources,' 'agency,' 'department of environmental conservation,' or 'department' as appropriate, including the following revisions:

"(1) in 10 V.S.A. §§ 913 and 915, by replacing 'panel' with 'department';

"(2) in 10 V.S.A. chapter 47, by replacing 'board' with 'secretary' where appropriate;

"(3) in 10 V.S.A. §§ 1422 and 1424, by replacing 'board' with 'secretary' where appropriate; and

"(4) in 29 V.S.A. §§ 401, 402, and 403, by replacing 'board' with 'department' where appropriate."

Cross References

Cross references. Enforcement of environmental laws generally, see 10 V.S.A. § 8001 et seq.

Protection of navigable waters and shorelands, see 10 V.S.A. § 1421 et seq.

Water pollution control, see 10 V.S.A. § 1250 et seq.

Water resources management generally, see 10 V.S.A. § 901 et seq.

§ 401. Policy.

Lakes and ponds that are public waters of Vermont and the lands lying thereunder are a public trust, and it is the policy of the State that these waters and lands shall be managed to serve the public good, as defined by section 405 of this title, to the extent authorized by statute. For the purposes of this chapter, the exercise of this management shall be limited to encroachments subject to section 403 of this title. The management of these waters and lands shall be exercised by the Department of Environmental Conservation in accordance with this chapter and the rules of the Department. For the purposes of this chapter, jurisdiction of the Department shall be construed as extending to all lakes and ponds that are public waters and the lands lying thereunder, which lie beyond the shoreline or shorelines delineated by the mean water level of any lake or pond that is a public water of the State, as such mean water level is determined by the Department. For the purposes of this chapter, jurisdiction shall include encroachments of docks and piers on the boatable tributaries of Lake Champlain and Lake Memphremagog upstream to the first barrier to navigation, and encroachments of docks and piers on the Connecticut River impoundments and boatable tributaries of such impounds upstream to the first barrier to navigation. No provision of this chapter shall be construed to permit trespass on private lands without the permission of the owner.

Added 1967, No. 308 (Adj. Sess.), § 1, eff. March 22, 1968; amended 1969, No. 281 (Adj. Sess.), § 1; 1975, No. 162 (Adj. Sess.), § 1, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 1987, No. 76 , § 18; 2003, No. 115 (Adj. Sess.), § 110, eff. Jan. 31, 2005; 2009, No. 117 (Adj. Sess.), § 1.

History

Amendments--2009 (Adj. Sess.) Added the fifth sentence.

Amendments--2003 (Adj. Sess.). Deleted "water resources" preceding "board" at the end of the third sentence.

Amendments--1987. In the third sentence, substituted "department of environmental conservation" for "department of water resources and environmental engineering" preceding "in accordance".

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--1975 (Adj. Sess.). Section amended generally.

Amendments--1969 (Adj. Sess.). Section amended generally.

Prior law. 29 V.S.A. § 351.

ANNOTATIONS

1. Construction.

Requirement of actual, particularized injury sufficient to confer standing was not suspended merely because plaintiffs invoked public trust doctrine in challenging town's construction of bridge, since standing was a jurisdictional requirement that could not be abrogated in favor of furthering purposes of doctrine; dismissal of plaintiffs' declaratory judgment action for lack of standing was therefore affirmed. Parker v. Town of Milton, 169 Vt. 74, 726 A.2d 477 (1998).

Law review commentaries

Law review. Recreational rights in public water overlying private property, see 8 Vt. L. Rev. 301 (1983).

For note, "Extending Public Trust Duties to Vermont's Agencies: A Logical Interpretation of the Common Law Public Trust Doctrine", see 19 Vt. L. Rev. 509 (1995).

§ 402. Definitions.

Whenever used in this chapter, unless a different meaning clearly appears from the context:

  1. "Board" means the Natural Resources Board.
  2. "Department" means the Department of Environmental Conservation.
  3. "Encroach" means to place or cause to be placed any material or structure in any lakes and ponds that are public waters or to alter, or cause to be altered, the lands underlying any waters, or to place or cause to be placed any bridge, dock, boathouse, cable, pipeline, or similar structure beyond the shoreline as established by the mean water level of any lakes and ponds that are public waters under the jurisdiction of the Board.
  4. "Navigable water" or "navigable waters" means those waters as defined in 10 V.S.A. § 1422(4) .
  5. "Person" means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity.
  6. "Public good" means that which shall be for the greatest benefit of the people of the State of Vermont.
  7. "Public waters" means navigable waters excepting those waters in private ponds and private preserves as set forth in 10 V.S.A. chapter 119.

    Added 1967, No. 308 (Adj. Sess.), § 2, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 2, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 1987, No. 76 , § 18; 2003, No. 115 (Adj. Sess.), § 111, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012.

History

Amendments--2003 (Adj. Sess.). Subdiv. (1): Substituted "natural" for "Vermont water" preceding "board".

Subdiv. (5): Rewrote the subdiv.

Amendments--1987. Subdiv. (2): Substituted "department of environmental conservation" for "department of water resources and environmental engineering".

Amendments--1981 (Adj. Sess.). Subdiv. (2): Redesignated former subdiv. (2) as subdiv. (3) and added a new subdiv. (2).

Subdiv. (3): Redesignated former subdiv. (2) as subdiv. (3) and inserted "lakes and ponds which are public" preceding "waters or to alter" and preceding "waters under the jurisdiction".

Subdivs. (4)-(7): Redesignated former subdivs. (3)-(6) as (4)-(7) respectively and deleted former subdiv. (7).

Amendments--1975 (Adj. Sess.). Section amended generally.

Prior law. 29 V.S.A. § 352.

Law review commentaries

Law review. Recreational rights in public water overlying private property, see 8 Vt. L. Rev. 301 (1983).

§ 403. Encroachment prohibited.

    1. Except as provided in subsection (b) of this section, no person shall encroach on any of those waters and lands of lakes and ponds under the jurisdiction of the Department without first obtaining a permit under this chapter. (a) (1)  Except as provided in subsection (b) of this section, no person shall encroach on any of those waters and lands of lakes and ponds under the jurisdiction of the Department without first obtaining a permit under this chapter.
    2. Except as provided in subsection (b) of this section, no person shall encroach on the following waters with a dock or pier without first obtaining a permit under this chapter:
      1. boatable tributaries of Lake Champlain and Lake Memphremagog upstream to the first barrier to navigation; and
      2. Connecticut River impoundments and boatable tributaries of such impoundments upstream to the first barrier to navigation.
    3. No permit shall be granted if the encroachment adversely affects the public good.
  1. A permit shall not be required for the following uses provided that navigation or boating is not unreasonably impeded:
    1. wooden or metal docks for noncommercial use mounted on piles or floats provided that:
      1. the combined horizontal distance of the proposed encroachment and any existing encroachments located within 100 feet thereof that are owned or controlled by the applicant do not exceed 50 feet and their aggregate surface areas do not exceed 500 square feet; and
      2. concrete, masonry, earth or rock fill, sheet piling, bulkheading, cribwork, or similar construction does not form a part of the encroachment;
    2. a water intake pipe not exceeding two inches inside diameter;
    3. temporary extensions of existing structures added for a period not to exceed six months, if required by low water;
    4. ordinary repairs and maintenance to existing commercial and noncommercial structures;
    5. duck blinds, floats, rafts, and buoys.
  2. Existing encroachments shall not be enlarged, extended, or added to without first obtaining a permit under this chapter, except as provided in subsection (b) of this section.
  3. This chapter shall not apply to encroachments subject to the provisions of 10 V.S.A. chapter 43, concerning dams, or regulations adopted under the provisions of 10 V.S.A. § 1424 concerning public waters.
  4. This section shall not apply to the installation on lake bottoms of small filtering devices not exceeding nine square feet of disturbed area on the end of water intake pipes less than two inches in diameter for the purpose of zebra mussel control.

    Added 1967, No. 308 (Adj. Sess.), § 3, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 3, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.) § 41; 1993, No. 233 (Adj. Sess.), § 52, eff. June 21, 1994; 2009, No. 117 (Adj. Sess.), § 2.

History

2008. In subsec. (d), substituted "chapter 43 of Title 10" for "10 V.S.A., chapter 43" to conform reference to V.S.A. style.

Amendments--2009 (Adj. Sess.) Subsec. (a): Amended generally.

Amendments--1993 (Adj. Sess.). Subsec. (e): Added.

Amendments--1981 (Adj. Sess.). Subdiv. (b)(1)(A): Amended generally.

Subdiv. (b)(1)(B): Deleted "massive" preceding "construction".

Subsec. (d): Amended generally.

Subsec. (e): Repealed.

Amendments--1975 (Adj. Sess.). Section amended generally.

Prior law. 29 V.S.A. § 353.

§ 404. Application for construction.

  1. An application for a permit to encroach shall be filed with the Department.  The application shall set forth the location, type, size, and shape of the encroachment and the plans and specifications to be followed in the construction.
  2. The Department may conduct hearings, investigations, examinations, tests, and site evaluations necessary to verify information contained in the application.  An applicant shall grant the Department permission to enter upon his or her land for these purposes.

    Added 1967, No. 308 (Adj. Sess.), § 4, eff. March 22, 1968; amended 1981, No. 222 (Adj. Sess.), § 41.

History

Amendments--1981 (Adj. Sess.). Section amended generally.

Prior law. 29 V.S.A. § 354.

§ 405. Investigation and determination of public good.

  1. When an application is filed under this chapter, the Department shall proceed in accordance with 10 V.S.A. chapter 170.
  2. In determining whether the encroachment will adversely affect the public good, the Department shall consider the effect of the proposed encroachment as well as the potential cumulative effect of existing encroachments on water quality, fish and wildlife habitat, aquatic and shoreline vegetation, navigation, and other recreational and public uses, including fishing and swimming, consistency with the natural surroundings, and consistency with municipal shoreland zoning ordinances or any applicable State plans.  If the Department determines, after reviewing the applications, the written comments filed within the notice period and the results of the investigation, that the proposed encroachment will not adversely affect the public good, the application shall be approved.
  3. The action of approving or denying an application shall not be effective until 10 days after the Department's notice of action.

    Added 1967, No. 308 (Adj. Sess.), § 5, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 4, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 2015, No. 150 (Adj. Sess.), § 32, eff. Jan. 1, 2018.

History

Amendments--2015 (Adj. Sess.). Subsec. (a): Rewritten.

Subsec. (c): Deleted the former first, second, and third sentences.

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--1975 (Adj. Sess.). Section amended generally.

Prior law. 29 V.S.A. § 355.

ANNOTATIONS

Cited. In re Milton Arrowhead Mt., 169 Vt. 531, 726 A.2d 54 (mem.) (1999); Parker v. Town of Milton, 169 Vt. 74, 726 A.2d 477 (1998).

§ 406. Appeals.

Appeals of any act or decision of the Department under this chapter shall be made in accordance with 10 V.S.A. chapter 220.

Added 1967, No. 308 (Adj. Sess.), § 6, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 5, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.) § 41; 2003, No. 115 (Adj. Sess.), § 112, eff. Jan. 31, 2005.

History

Revision note. Substituted "department" for "secretary" at the end of the second sentence of subsec. (c) to correct an error in the reference.

Amendments--2003 (Adj. Sess.). Rewrote subsec. (a) and deleted subsec. (a) designation and deleted subsecs. (b) and (c) and deleted (b) and (c) designations.

Amendments--1981 (Adj. Sess.). Section amended generally.

Amendments--1975 (Adj. Sess.). Section amended generally.

Prior law. 29 V.S.A. § 356.

Cross References

Cross references. Administrative procedure in contested cases, see 3 V.S.A. §§ 809-814.

ANNOTATIONS

1. Construction.

Ten-day time period for filing notice of appeal under this section commences at time "notice of action" is sent, not received. In re Milton Arrowhead Mt., 169 Vt. 531, 726 A.2d 54 (mem.) (1999).

§ 407. Repealed. 2003, No. 115 (Adj. Sess.), § 119(b), eff. Jan. 31, 2005.

History

Former § 407, relating to appeals to the Supreme Court, was derived from 1967, No. 308 (Adj. Sess.), § 7 and amended by 1971, No. 185 (Adj. Sess.), § 207, eff. March 29, 1972; 1975, No. 162 (Adj. Sess.), § 6, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 2001, No. 94 (Adj. Sess.), § 6.

§ 408. Permit.

  1. A permit may contain any conditions that the Department considers necessary to protect the public good.
  2. No person granted a permit under this chapter is relieved of the responsibility to comply with any other applicable federal, State, and local laws, regulations, and permits.
  3. A permit may be revoked by the Department in the event of violation of any condition attached to the permit.
  4. Temporary emergency permits may be issued, pursuant to 3 V.S.A. § 2822(c) .

    Added 1967, No. 308 (Adj. Sess.), § 8, eff. March 22, 1968; 1975, No. 162 (Adj. Sess.), § 7, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 2003, No. 82 (Adj. Sess.), § 7; 2003, No. 115 (Adj. Sess.), § 113, eff. Jan. 31, 2005.

History

Amendments--2003 (Adj. Sess.). Subsec. (a): Deleted "or board" following "department".

Subsec. (b): Substituted "the" for "his" preceding "responsibility" and added a comma following "regulations".

Subsec. (c): Deleted "board or the" preceding "department".

Subsec. (d): Added by Act No. 82.

Amendments--1981 (Adj. Sess.). Subsec. (a): Amended generally.

Subsec. (b): Substituted "no" for "any" at the beginning of the sentence and deleted "not" preceding "relieved".

Subsec. (c): Substituted "department" for "secretary" preceding "in the event".

Amendments--1975 (Adj. Sess.). Section amended generally.

Prior law. 29 V.S.A. § 358.

Permit fees. 1987, No. 76 , § 19, provides: "It is the intention of the general assembly that the provisions of this act (which amended section 2822 of Title 3, sections 555, 905b, 1263, 1265, 1395, 1927, 1936, 6083, 6089 and 1931 of Title 10, and section 252 of Title 21) governing permit fees shall supersede fees established elsewhere for these permits."

§ 409. Injunction.

Any person aggrieved by any violation of this chapter, or the Attorney General at the request of the Department, may institute any appropriate action in the Superior Court of the county in which a proposed or existing encroachment is located to prevent, restrain, correct, or abate any violation of this chapter or of the conditions of any permit issued under this chapter.

Added 1967, No. 308 (Adj. Sess.), § 9, eff. March 22, 1968; amended 1969, No. 281 (Adj. Sess.), § 2; 1971, No. 185 (Adj. Sess.), § 208, eff. March 29, 1972; 1975, No. 162 (Adj. Sess.), § 8, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 2003, No. 115 (Adj. Sess.), § 114.

History

Amendments--2003 (Adj. Sess.). Deleted "or board" following "department" and made minor changes in punctuation.

Amendments--1981 (Adj. Sess.). Substituted "department or board" for "board or secretary" following "request of the".

Amendments--1975 (Adj. Sess.). Section amended generally.

Amendments--1971 (Adj. Sess.). Substituted "in the county court" for "under subchapter 4 of chapter 163 of Title 12" following "relief".

Amendments--1969 (Adj. Sess.). Section amended generally.

Prior law. 29 V.S.A. § 359.

§ 410. Rulemaking; encroachments on public waters.

The Department may adopt rules to implement the requirements of this chapter.

Added 2011, No. 138 (Adj. Sess.), § 25, eff. May 14, 2012.

History

Repeal of former § 410. Former § 410, relating to penalties, was derived from 1969, No. 281 (Adj. Sess.), § 3 and amended by 1975, No. 162 (Adj. Sess.), § 9 and 1981, No. 222 (Adj. Sess.), § 41 and was repealed by 1989, No. 98 , § 4(d).

CHAPTER 13. NATURAL GAS AND OIL RESOURCES

Sec.

§§ 501-506. Repealed. 1981, No. 240 (Adj. Sess.), § 1, eff. April 28, 1982.

History

Former §§ 501-506, relating to natural gas and oil resources, were derived from 1957, No. 291 , §§ 2-7 and amended by 1959, No. 329 (Adj. Sess.), § 40(b); 1963, No. 193 , § 15. The subject matter is now covered by §§ 501-566 of this title.

CHAPTER 14. NATURAL GAS AND OIL CONSERVATION

Subchapter 1. General Provisions

§ 501. Title of chapter.

This chapter shall be known as the Vermont Natural Gas and Oil Conservation Act.

Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 502. Purposes.

  1. The prevention of waste of oil and gas, the promotion of conservation, and the protection of correlative rights of owners are declared to be in the public interest.
  2. The purposes of this chapter are to:
    1. encourage oil and gas exploration and production;
    2. protect property rights and interests of all citizens;
    3. prevent long-term harm to the environment and other resources that might occur through oil and gas activities;
    4. protect correlative rights;
    5. prevent undue waste of oil and gas;
    6. promote greatest ultimate recovery of oil and gas, consistent with technology and economic conditions.
  3. This purpose requires the creation of a Vermont Natural Gas and Oil Resources Board to administer and enforce the provisions of this chapter.
  4. Whenever the Board exercises discretion and authority under this act, it shall do so only under the standards and purposes described in subsection (b) of this section.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 503. Definitions.

As used in this chapter:

  1. "Board" means the Vermont Natural Gas and Oil Resources Board.
  2. "Certificate of clearance" means a permit prescribed by the Board for the transportation or the delivery of oil or gas or product.
  3. "Correlative rights" means the reciprocal rights and duties of each owner in a reservoir to produce oil and gas in a manner that will not cause waste and in an amount representing his or her just and equitable share.
  4. "Development drilling unit" means the area attributed by the Board to a well drilled or to be drilled in a known reservoir, for the purpose of allocating production so as to prevent waste and protect correlative rights.
  5. "Drilling site" means all the land disturbed in preparing a site for the drilling of an oil and gas well, and related activities, including roadways and utility access.
  6. "Exploratory drilling unit" means the area attributed by the Board to the first well drilled or to be drilled to test for a reservoir, for the purpose of allocating production so as to prevent waste and protect correlative rights.
  7. "Field" means the general area underlaid by one or more reservoirs.
  8. "Gas" means all natural gas, whether hydrocarbon or nonhydrocarbon, including hydrogen sulfide, helium, carbon dioxide, nitrogen, hydrogen, casinghead gas, and all other fluid hydrocarbons not defined as oil.
  9. "Illegal oil" or "illegal gas" means oil or gas that has been produced from any well within the State in violation of this chapter or any rule, regulation, or order of the Board.
  10. "Illegal product" means any product derived in whole or in part from illegal oil or illegal gas.
  11. "Just and equitable share of the production" means, as to each owner, that part of the authorized production from a reservoir that is reasonable in the proportion that the amount of recoverable oil or gas in the developed area of his or her tract or tracts in the reservoir bears to the recoverable oil or gas in the total of the developed areas in the reservoir.
  12. "Lands" means all lands within the State, publicly or privately owned, over which the State, under its police power, has jurisdiction.
  13. "Local agency" means any county, city, town, village, or other political subdivision and any local agency, board, commission, district, or other administrative body.
  14. "Most efficient rate" means the rate at which a well can produce without inefficient, excessive, or improper use or dissipation of reservoir energy to achieve the maximum economically feasible recovery of oil or gas.
  15. "Oil" means crude petroleum, oil, and all hydrocarbons, regardless of specific gravity, that are in the liquid phase in the reservoir and are produced at the wellhead in liquid form.
  16. "Oil and gas" means both oil and gas, or either oil or gas, as the context may require to give effect to the purposes of this chapter.
  17. "Operator" means the person who has been designated by the owners or the Board to operate the well or field-wide unit, and who is responsible for compliance with this chapter.
  18. "Owner" means the person who has the right to drill into and produce from a reservoir and to appropriate the oil or gas that is produced, either for that person or for that person and others; and in the event that there is no oil and gas lease with respect to any land, the owner of the oil and gas rights shall be considered "owner" to the extent of seven-eighths of the oil and gas underlying the lands in question, and as "royalty interest holder" to the extent of one-eighth of the oil and gas.
  19. "Plug and abandon" means the plugging, replugging if necessary, and abandonment of a well including the placing of all bridges, plugs, and fluids therein, and the restoration and reclamation of the drilling site to a condition reasonably consistent with the adjacent terrain and landscape.
  20. "Producer" means the operator of a well or wells capable of producing oil or gas.
  21. "Product" means any commodity made from oil or gas.
  22. "Reservoir" means an underground accumulation of oil or gas that is a common source of supply, or several such accumulations that by rule or order of the Board are allowed to be produced on a commingled basis, and are treated by the Board as a common source of supply.
  23. "Resources" means oil, gas, and their constituents, existing in or under lands within the State of Vermont.
  24. "State lands" means all State-owned lands inside or outside the State, including the State-owned lands under the waters of Lake Champlain or any other waters.
  25. "State land manager," with respect to any State lands, means the secretary of any agency to which a department or division having responsibility for those lands is attached; or if not attached to an agency, the commissioner of a department or the chair of a board having responsibility for those lands; or if no agency has responsibility for the lands, the Secretary of Natural Resources.
  26. "Unitization" means the combining of tracts and interests necessary to establish a field-wide area for the cooperative development or operation of all or part of a reservoir.
  27. "Waste" includes:
    1. the inefficient, excessive, or improper use or the unnecessary dissipation of reservoir energy;
    2. the inefficient storing of oil or gas;
    3. the locating, drilling, equipping, operating, or producing of an oil and gas well in a manner that causes or tends to cause reduction in the quantity of oil or gas that would be ultimately recoverable from a reservoir under prudent and proper operations, or that causes or tends to cause unnecessary wells to be drilled, or that causes or tends to cause surface or subsurface loss or destruction of oil or gas;
    4. the unauthorized flaring of gas produced from an oil and condensate well after the Board has found that the use of gas is, or will be, economically feasible within a reasonable time on terms that are just and reasonable.
  28. "Well log" means all information obtained in and from the drilled borehole including the driller's log, geological log, geophysical log, hydrological log, and other information.
  29. "Fluid" means any material or substance that flows or moves whether in semi-solid, liquid, sludge, gas, or any other form or state.
  30. "Hydraulic fracturing" means the process of pumping a fluid into or under the surface of the ground in order to create fractures in rock for the purpose of the production or recovery of oil or gas.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982; amended 2011, No. 152 (Adj. Sess.), § 2, eff. May 16, 2012; 2019, No. 131 (Adj. Sess.), § 286.

History

Revision note. In subdiv. (9), substituted "chapter" for "statute" to conform reference to V.S.A. style.

Amendments--2019 (Adj. Sess.). Subdiv. (25): Substituted "chair" for "chairman" and substituted "Natural Resources" for "Environmental Conservation".

Amendments--2011 (Adj. Sess.). Subdivs. (29) and (30): Added.

§ 504. Composition of the Board.

  1. The Board shall consist of five members who shall be appointed by the Governor with the advice and consent of the Senate. Appointments shall be for a term of three years and, in the event of death or resignation, successors shall serve out the term of the deceased or resigned member.  The terms of members initially appointed shall be set so that not more than two terms shall expire in the same year.  Annually, in February after new appointments, the Governor shall designate a chair.
  2. In order for the Board to function in the best interests of the people of the State, Board members should have a knowledge of one or more of the following: geology, engineering, law, State and local government, economic development, environmental protection, regional planning, agriculture, or related fields of knowledge.
  3. A person in the employ of or holding any official relation to any company subject to the supervision of the Board, 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 of the Board.
  4. No member of the Board shall participate in any action of the Board that involves himself or herself or any person engaged in oil and gas development in which he or she has a financial interest.
  5. Each prospective appointee or member of the Board shall have the affirmative duty to disclose any actual or potential conflicts of interest to the other members of the Board.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 505. Authority of the Board.

  1. For the purposes of this chapter, the Board shall have authority over all lands and over all oil and gas resources. The Board shall prevent the waste of oil and gas, promote conservation, protect correlative rights, and otherwise administer and enforce this chapter.  In the event of a conflict, the duty to prevent waste is paramount.
  2. Without limiting its general authority, the Board may:
    1. require identification of ownership of oil and gas wells, producing leases, tanks, processing plants, structures, and facilities for the transportation or refining of oil and gas;
    2. require the making and filing of well logs, directional surveys, and reports on well location, drilling, and production; provided that all such records marked "confidential" shall be kept confidential for two years after their filing, unless the owner gives written permission to release them at an earlier date; provided, however, that the State Geologist is authorized access to this information. The Board may provide by rule for extension of the period of confidentiality for an additional period of one year upon written request of the owner and a showing of special circumstances requiring an extension;
    3. require the drilling, casing, installation of proper equipment and facilities, operating, and plugging of wells in such manner as to prevent:
      1. the escape of oil or gas out of one reservoir into another,
      2. the detrimental intrusion of water into an oil or gas reservoir where that is avoidable by efficient operations,
      3. the pollution of fresh water supplies by oil, gas, or salt water, or other substances,
      4. blowouts, cave-ins, seepages, and fires;
    4. require the testing of wells used in connection with the production of oil and gas including production, injection, and disposal wells;
    5. require the licensing of oil and gas well drillers and the furnishing of a reasonable performance bond or other good and sufficient surety, conditioned for the performance of the duty to plug and restore the drilling site of each dry or abandoned well, and to repair each well causing waste or pollution if repair will prevent the waste or pollution;
    6. require that production from wells be separated into gaseous and liquid hydrocarbons, and that each be measured by means and upon standards that may be prescribed by the Board;
    7. require that wells be operated at efficient gas-oil or water-oil ratios or that production be limited from wells with inefficient gas-oil or water-oil ratios;
    8. require certificates of clearance in connection with the transportation or delivery of oil, gas, or product;
    9. require the metering or other measuring of oil, gas, or product;
    10. require that every person who produces, sells, purchases, acquires, stores, transports, refines, or processes oil or gas in this State keep complete and accurate records of their quantities, which records shall be available for examination by the Board or its agents at all reasonable times;
    11. require the filing of reports, plats, and other data related to matters within the Board's jurisdiction;
    12. regulate the drilling, testing, equipping, completing, operating, producing, and plugging of wells, and all other operations for the production of oil or gas;
    13. regulate the stimulation and treatment of wells;
    14. regulate the spacing or locating of wells;
    15. regulate operations to increase ultimate recovery, such as cycling of gas, the maintenance of pressure, and the introduction of gas, water, or other substances into a reservoir;
    16. regulate the disposal of salt water and oil field wastes;
    17. determine the amount of oil or gas that may be produced without waste from any unit, reservoir, or field, and allocate the allowed production to and among the wells in such fields or reservoirs;
    18. permit by rule or order the flaring of gas produced from an oil well, pending the time when, with reasonable diligence, the gas can be sold or otherwise utilized on terms that are just and reasonable, if such flaring is in the public interest;
    19. identify reservoirs and classify or reclassify them as oil or gas reservoirs, and classify or reclassify wells as oil or gas wells;
    20. adopt rules and make and enforce orders reasonably necessary to prevent waste, to protect correlative rights, to govern the practice and procedure before the Board and otherwise administer this chapter;
    21. implement State responsibility under the National Gas Policy Act of 1978 for determining the statutory maximum lawful price for sales of natural gas;
    22. the Board shall have no authority over sales of gasoline and related products covered by 9 V.S.A. chapter 109, nor any authority over petroleum inventory reporting covered by 9 V.S.A. chapter 110.

      Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

History

Reference in text. The National Gas Policy Act of 1978, referred to in subdiv. (b)(21), is codified as 15 U.S.C. § 3301 et seq.

2019. In subdiv. (b)(4), deleted ", but not limited to," following "including" in accordance with 2013, No. 5 , § 4.

Subchapter 2. Administration

§ 511. Hearings conducted by examiners.

  1. The Board may provide for the appointment of one or more examiners to conduct hearings with respect to any matter properly coming before the Board and to make reports and recommendations to the Board with respect thereto.  The Board shall provide for compensation to be paid for services performed as an examiner.
  2. The Board shall adopt rules with regard to hearings to be conducted before examiners.  The rules also shall provide procedures for rehearing before the Board and times within which requests for a rehearing must be made.  Upon request of an interested party, the Board shall hold a rehearing.
  3. The Board may enter orders based upon the reports and recommendations of its examiners.
    1. If an order grants the request of an applicant and no objection has been made or filed before or during the hearing before the examiner, the order shall be effective immediately.
    2. If an order denies the request of the applicant, in whole or in part, or if a timely protest to the granting of an application is made or filed, the order shall not become effective if a request for rehearing is made; and shall become effective only when either all interested parties have waived their right to rehearing or the time to request a rehearing has expired.
  4. After an order based on a hearing before an examiner has become effective, it shall have the same force and effect as if the hearing had been conducted before the Board.  If a timely request for rehearing is made, the Board may deny rehearing or affirm, revoke, or modify the order.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 512. Hearings conducted by the Board.

  1. Notwithstanding any provision of this chapter or any rule of the Board, any hearing on any matter or proceeding may be held before the Board if the Board desires to hear the matter; or if the matter is initiated on the motion of the Board and is for the purpose of enforcing, amending, establishing, or revoking a statewide rule, regulation, or order; or if any person who may be affected by the matter or proceeding files with the Board, more than 10 days prior to the date set for the hearing, a written objection to the hearing before an examiner.
  2. The parties shall have the right to present additional testimony and documentary evidence at any rehearing.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 513. Subpoena.

  1. In any matter properly before it, the Board may compel the attendance of witnesses and the production of documentary evidence.  A party shall be entitled to the issuance of subpoenas by making a written request.  In all other respects, the Vermont Rules of Civil Procedure shall apply to the proceedings before the Board.
  2. A person aggrieved by a subpoena issued by the Board may petition a Superior judge, who may issue any order authorized in civil cases to protect a party from improper discovery.
  3. A person who disobeys a proper subpoena of the Board or refuses to take an oath or affirmation properly required by the Board shall be liable to the penalty and attachment provided in Title 12 for disobeying a judicial subpoena.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 514. Appeal.

An appeal from a decision of the Board shall be to the Supreme Court. The provisions of the Administrative Procedure Act shall apply to the extent they are not inconsistent with the provisions of this chapter.

Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

History

Reference in text. The Administrative Procedure Act, referred to in this section, is codified as 3 V.S.A. § 801 et seq.

§ 515. Personnel.

Within the limits of legislative authorizations of positions and appropriations of funds, the Board may employ an executive officer and other personnel as it finds necessary in carrying out its duties, including engineering, technical, and other consultants.

Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 516. Governmental cooperation.

  1. Other departments and agencies of State government shall cooperate with the Board and, as mutually agreeable, make available at cost data, facilities, and personnel as may be needed to assist the Board in carrying out its duties and functions.  Geological services for the Board shall be provided by or in cooperation with the State Geologist.
  2. The Board, within the scope of its jurisdiction and authorization, may cooperate with agencies of the federal government or other states to protect the interests of the State in its oil and gas resources.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 517. Standards for rulemaking.

  1. Rulemaking power granted by this chapter shall be exercised in the manner provided by the Vermont Administrative Procedure Act.
  2. Rules adopted under this chapter shall be consistent with the purposes of this chapter and within the intent of the Legislature.
  3. Rules adopted under this chapter concerning administrative procedures, such as rules of evidence during hearings, shall be in accordance with due process of law.
  4. The power under this chapter to establish fees by rule shall be construed to authorize only fees which are approximately sufficient to cover the costs associated with the program or part of the program intended to be financed by the fee.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

History

Reference in text. The Administrative Procedure Act, referred to in subsec. (a), is codified as 3 V.S.A. § 801 et seq.

Revision note. References to "this act" changed to "this chapter" to conform references to V.S.A. style.

Subchapter 3. Conservation of Oil and Gas

§ 521. Waste prohibited.

  1. The waste of oil and gas is prohibited.
  2. The Board shall limit the rate at which oil and gas may be produced from any field or reservoir to the most efficient rate consistent with economically feasible recovery as determined by the Board from available technical information. However, controlled well performance tests to determine maximum potential or maximum productivity may be performed periodically, when authorized by the Board.
  3. The Board shall allocate the allowable production among the several wells or producing properties in a field or reservoir so that each owner will have a reasonable opportunity to produce or receive his or her just and equitable share of production.  However, no allocation made by the Board shall be inconsistent with the prevention of waste.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 522. Drilling units.

  1. The Board shall regulate the spacing and location of oil and gas wells by the establishment of drilling units whenever reasonably necessary to prevent waste and protect correlative rights.
  2. The Board may establish an exploratory unit whenever a well is to be drilled to test for the occurrence of a reservoir.  The order establishing the exploratory drilling unit shall specify the size and shape of the exploratory unit.
    1. To the extent that available geological and engineering information permit such a determination to be made, the exploratory unit shall be no smaller than the area expected to be drained by the exploratory well and shall be no larger than the expected total area of the reservoir.
    2. If insufficient information is available, the Board may establish a temporary unit to ensure orderly development of the reservoir pending the availability of additional information.
  3. The Board may establish the size and shape of development drilling units in known reservoirs based upon available geological and engineering data.
    1. The size of a development drilling unit shall be the area that can be efficiently and economically drained by one well.  If insufficient information is available to permit such a determination to be made, the Board may establish a temporary development unit pending the availability of the necessary information.  In order that all owners are accorded substantially equal treatment, development units shall be of approximately uniform size if consistent with available geological and engineering information.
    2. A well shall be located on a development drilling unit in accordance with a reasonably uniform field-wide spacing pattern, except for wells drilled or being drilled at the time a notice of hearing was issued.  If the Board finds that a well drilled in a uniform spacing pattern would not be likely to produce in economic quantities, or that surface conditions would substantially add to the burden or hazard of drilling the well, or for other good cause, the well may be drilled at another location.
    3. An order establishing development drilling units for a reservoir shall cover all lands believed to be underlain by that reservoir, and may be modified by the Board from time to time based on additional geological and engineering information.  The Board may grant exceptions to the size and shape of any development unit or units, or may change the size or shape of any development unit or units, or may permit the drilling of additional wells if such actions are reasonably necessary to prevent waste or protect correlative rights.
    4. After the date of the notice of hearing called to establish development units in a reservoir, unless expressly authorized by the Board, no well shall be commenced into that reservoir until an order establishing development drilling units has been adopted.

      Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 523. Pooling.

  1. When two or more separately owned tracts are embraced within an exploratory or development drilling unit, or when there are separately owned interests in all or part of a unit, the persons owning such tracts or interests may pool their tracts or interests.  In the absence of voluntary pooling and upon application by any person owning a tract or interest within an exploratory or development drilling unit, the Board may enter an order pooling all tracts and interests within the unit.
  2. All operations, including the commencement, drilling, operation, or production of a well upon any portion of a pooled unit shall be deemed for all purposes the commencement, drilling, operation, or production of a well upon each separately owned tract or upon each separately owned interest in the unit by the several owners. That portion of the production allocated to a separately owned tract or separately owned interest included in a unit shall be deemed to have been produced from such tract or interest.
  3. Each pooling order of the Board shall specify which owner will drill, complete, and operate a well on the pooled unit.  All owners shall share in the reasonable costs of drilling, completing, and operating the well.  Any owner whose tract or interest has been involuntarily pooled shall be permitted, at his or her option, to pay his or her share of costs out of production, plus a supervision, risk, and interest assessment not to exceed 300 percent of that owner's share of the costs.
  4. Production and costs associated with a pooled unit shall be allocated among the owners in the same proportion each owner's acreage in the unit bears to the total acreage in the unit or in any other manner agreed to by the owners and approved by the Board.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

History

2019. In subsec. (b), deleted ", but not limited to," following "including" in accordance with 2013, No. 5 , § 4.

§ 524. Antitrust immunity for voluntary units.

An agreement for the unit or cooperative development or operation of a field, reservoir, or part thereof, may be submitted to the Board for approval as being in the public interest or reasonably necessary to prevent waste or to protect correlative rights. For the purposes of this chapter, approval by the Board shall constitute a complete defense to any suit charging violation of any statute of the State relating to trust and monopolies on account of the agreement or on account of operations conducted pursuant to such agreement. The failure to submit such an agreement to the Board for approval shall not for that reason imply or constitute evidence that the agreement or operations conducted pursuant thereto are in violation of laws relating to trusts and monopolies.

Amended 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 525. Field-wide unitization.

  1. In addition to the authority for the establishment of drilling units for individual wells granted in section 522 of this title, the Board may establish field-wide units composed of one or more reservoirs or parts thereof and including one or more wells.  After adequate geological, engineering, and other information has been required through development of the reservoir, the Board, on its own motion or upon application of any owner, shall hold a hearing to consider the need for cooperative development or operation as a field-wide unit.
  2. The Board shall enter an order providing for the unit development or operation of a reservoir or part thereof if it finds that:
    1. such operation will increase the ultimate recovery of oil or gas; and
    2. the value of the estimated additional recovery of oil and gas exceeds the estimated additional cost incident to conducting such operations; and
    3. the development or operation is reasonably necessary to prevent waste.
  3. The order shall be upon terms and conditions that are just and reasonable and shall prescribe a plan for unit operations that shall include:
    1. a description of the reservoir, reservoirs, or parts thereof to be operated as a unit, termed the unitized area;
    2. a statement of the nature of the operations contemplated;
    3. an allocation of production and costs to the separately owned tracts in the unitized area.  The allocation shall be in accord with the agreement, if any, of the interested parties. If there is no such agreement, production shall be allocated in a manner calculated to ensure that each owner within the unitized area receives his or her just and equitable share of production.  Costs shall be allocated on a just and reasonable basis;
    4. a provision, if necessary, permitting any owner who has involuntarily unitized to pay his or her share of costs out of his or her share of production, plus a supervision, risk, and interest assessment not to exceed 300 percent of that owner's share of the costs;
    5. a provision for the supervision and conduct of the unit operations, in respect to which each owner shall have a vote with a value corresponding to the percentage of the costs of unit operations chargeable against its interest;
    6. the time when the unit operations shall commence and the manner in which, and the circumstances under which, the unit operations shall terminate; and
    7. such additional provisions as are found to be appropriate for carrying out the unit operations.
  4. No order of the Board providing for unit operations shall become effective until the plan for unit operations approved by the Board:
    1. has been approved in writing by the owners who, under the Board's order, will be required to pay at least 60 percent of the costs of the unit operation, and also by those persons who own at least 60 percent of the royalties; and
    2. the Board has made a finding, either in the order providing for unit operations or in a supplemental order, that the plan for unit operations has been approved.
  5. If the plan for unit operations has not been approved at the time the order providing for unit operations is made, the Board shall upon application and notice hold supplemental hearings to determine if and when the plan for unit operations has been approved.  If the persons owning required percentages of interest in the unitized area do not approve the plan for unit operations within a period of six months from the date on which the order providing for unit operations is made, or within such additional period or periods of time as the Board prescribes, the order will be unenforceable and shall be withdrawn by the Board.
  6. An order providing for unit operations may be amended by Board order made in the same manner and subject to the same conditions as an original order providing for unit operations, provided:
    1. if the amendment affects only the rights and interests of the owners, the approval of the amendment by the owners of interests free of cost shall not be required; and
    2. the order of amendment shall not change the percentage established in the original order for the allocation of oil and gas as established for any separately owned tract, except with the consent of all persons owning oil and gas rights in the tract; and
    3. the order of amendment shall not change the percentage established in the original order for the allocation of cost as established for any separately owned tract, except with the consent of all owners in the tract.
  7. The Board may order the unit operation of a reservoir or parts thereof that include a unitized area established by a previous order of the Board.  In providing for the allocation of unit production, the order shall first treat the unitized area previously established as a single tract.  The portion of the new unit production shall then be allocated among the separately owned tracts included in such previously established unit area in the same proportions as those specified in the previous order.
  8. All operations, including the commencement, drilling, or operation of a well under any portion of the unit area shall be deemed for all purposes the conduct of that operation upon each separately owned tract in the unit area by the several owners.  The portion of the unit production allocated to a separately owned tract in a unit area shall be deemed, for all purposes, to have actually been produced from the tract by a well drilled on it.  Operations conducted pursuant to an order of the Board providing for unit operations shall constitute fulfillment of all the express or implied obligations of each lease or contract covering lands in the unit area to the extent that compliance with those obligations cannot be had because of the order of the Board.
  9. The portion of the unit production allocated to any tract, and the proceeds from its sale, shall be the property and income of the several persons to whom, or to whose credit, they are allocated or payable under the order providing for unit operations.
  10. No division order or other contract relating to the sale or purchase of production from a separately owned tract shall be terminated by the order providing for unit operations, but shall remain in force and apply to oil and gas allocated to that tract until terminated in accordance with the provisions of the order.
  11. Except to the extent that the parties affected so agree, no order providing for unit operations shall be construed to result in a transfer of all or any part of the title of any person to the oil and gas rights in any tract in the unit area.  All property, whether real or personal, that may be acquired in the conduct of unit operations shall be acquired for the account of the owners within the unit area, and shall be the property of those owners in the proportion that the expenses of unit operations are charged.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

History

2019. In subsec. (h), deleted ", but not limited to," following "including" in accordance with 2013, No. 5 , § 4.

§ 526. Ratable takes required.

  1. Oil or gas produced in this State shall be purchased and taken without discrimination between producers in the same reservoir.  After notice and hearing, the Board may relieve any person of his or her duty to purchase and take oil or gas produced in this State without discrimination, if the oil and gas is of inferior quality or for other good cause.
  2. The provisions of this section do not apply:
    1. to any wells or reservoirs used for storage and withdrawal from storage of oil or gas originally produced in compliance with this chapter and the rules of the Board;
    2. to purchases of gas produced from oil wells; or
    3. to any other purchases or production to which the Board finds, after notice and hearing, the application of this section would be unjust or unreasonable.

      Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

Subchapter 4. State Oil and Gas Leases

Cross References

Cross references. Sale or lease of State lands for which an oil and gas lease has been granted, see § 104(c) of this title.

§ 531. Management of State oil and gas resources.

  1. The management of State oil and gas resources shall be undertaken to accomplish the following goals:
    1. provide for the timely leasing, exploration, discovery, assessment, and development of oil and gas resources which may be found on State lands;
    2. provide the State and its citizens an adequate economic return on State oil and gas resources if discovered in commercially valuable quantities;
    3. encourage competition among oil and gas developers by the use of appropriate competitive bidding and leasing procedures in the granting of exploration and development rights;
    4. provide for a program of development that will facilitate sound planning by both developers and all levels of government;
    5. give due consideration to the protection of the State's diverse natural, cultural, and social resources.
  2. Each State land manager shall be responsible for management of the leasing, exploration, and development of the oil and gas resources found on State lands under the manager's primary jurisdiction.
  3. Each State land manager shall adopt a written statement of objectives, policies, procedures, and a program to guide the development of the State's oil and gas resources. Biennially, each State land manager and the Board shall prepare and submit to the General Assembly a proposed four-year oil and gas leasing and management program and a report on all leasing and management activities undertaken during the preceding two years. 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. Managers may elect to collaborate on a joint program of planning, leasing, and reporting to fulfill the requirements of this section.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982; amended 2003, No. 121 (Adj. Sess.), § 36, eff. June 8, 2004; 2013, No. 142 (Adj. Sess.), § 45.

History

Amendments--2013 (Adj. Sess.). Subsec. (c): Added the third sentence.

Amendments--2003 (Adj. Sess.). Subsec. (b): Substituted "the manager's" for "his" preceding "primary jurisdiction" and deleted the last sentence.

§ 532. State oil and gas leases authorized.

  1. State land managers may execute oil and gas leases and other related contracts for lands under their jurisdiction.  The leases and contracts shall be upon terms and conditions which the manager finds most beneficial to the interests of the State.
  2. When a State land manager proposes to lease State lands for oil and gas purposes, he or she shall notify the Board and forward a copy of the proposed lease.  The Board shall review and comment on the terms of the proposed lease and shall specify additional terms and conditions necessary or advisable to accomplish the purposes of this chapter.
  3. Each State land manager shall require, as a condition to the issuance of any oil and gas lease that the lessee make available to the Board all exploration and production information, logs, and records resulting from operations under the lease.  Such information shall be held confidential; provided, however, that the State Geologist shall have access to this information.
  4. State oil and gas leases may be assigned only with the written consent and approval of the State land manager having jurisdiction.
  5. All proceeds from State leases or other related contracts shall be paid into the General Fund.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 533. Notice of intention to lease State lands.

  1. At least 30 days before he or she intends to lease State lands, the State land manager shall give public notice of his or her intention by commencing publication in two newspapers of general circulation, one in Montpelier and one where the lands or the greater portion thereof are situated.
  2. Publication shall be made in newspapers of record approved by the Secretary of State.
    1. If the notice is published in a daily newspaper there shall be at least five days from the first to the last day of publication, both days included; and if a weekly newspaper, the notice shall appear on at least two different days of publication.
    2. In addition to the publication required by subdivision (1) of this subsection, the notice shall be published on a weekly basis in selected newspapers in the State as determined by the Secretary of State.
  3. The notice shall include a description of the State lands, either as a tract or by parcels, and a statement that the terms and conditions of the offered lease may be obtained at a designated office of the Board.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April, 28, 1982.

§ 534. Gas produced from State lands.

  1. All State oil and gas leases shall provide that the Board may require the lessee to dedicate all the natural gas produced from State lands for the use and benefit of the people of the State.
  2. If the Board determines that it would benefit the people of the State to so dedicate the natural gas, the Board may arrange for the sale of natural gas for the use of the people of the State, or arrange for the exchange of the natural gas produced with producers of natural gas from other lands if the exchange will benefit the people of the State.
  3. If the Board determines the dedication would not be in the public interest, or would cause waste, or would unreasonably deny the lessee the opportunity to economically market the natural gas, it may waive dedication.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 535. State reservation of oil, gas, and minerals.

Each agricultural, timber, or other lease of any surface interest in state lands, and each mineral lease not for oil and gas purposes, shall reserve to the State all oil, gas, and other minerals not intended to be leased, and the right to drill and operate oil and gas wells on the premises and the easement, use, and right of way to enter upon and fully enjoy the rights reserved in this section.

Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

Subchapter 5. Permits, Reports, and Notices

§ 541. Drilling permits.

  1. No person shall commence drilling a well for oil or gas exploration, development, production, or related purposes without a permit issued by the Board.
  2. An application for a permit shall be filed with the Board in the manner and form prescribed by rule, and shall include at least the following:
    1. the applicant's name, address, address of each applicant's offices within the State and, where the applicant is not a natural person, the form, date, and place of formation of the applicant;
    2. a plat prepared by a competent engineer or certified professional surveyor showing the county, town, and tract of land on which the proposed well is to be located and an exact location of the well site established in accordance with the Vermont coordinate system;
    3. the proposed angle, direction, and depth of the well if the well is to be substantially deviated from a vertical course;
    4. a fee, based on the depth to be drilled, as prescribed by rule of the Board;
    5. a permit under 10 V.S.A. chapter 151 (Act 250).  In the case of an application for a permit to drill on lands leased from the State, the State land manager shall be a co-applicant with the lessee for the permit; provided, however, that the Board shall be considered a party for purposes of any hearing or appeal.
  3. The Board may conduct investigations it considers necessary to verify information contained in the application.  The applicant shall grant the Board, its employees, and agents permission to enter upon the site for this purpose.
  4. Within 30 days of the granting of a drilling permit by the Board, the permit shall be filed by the applicant for recording in the land records of the town in which the proposed well is to be located.  Failure to comply with this section shall be cause for revocation of a drilling permit.
  5. Drilling permits shall expire one year after issuance unless drilling operations are commenced within such time and prosecuted with due diligence.  At least 15 days prior to the commencement of drilling operations, every person granted permission to drill a well pursuant to this section shall give written notice by certified mail to the Board, local agencies, and the surface landowner affected.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

History

Revision note. At the end of subdiv. (b)(1), substituted "applicant" for "application" to correct an apparent typographical error.

§ 542. Drilling reports.

It shall be the duty of the well operator to keep a geologic log prepared by a competent petroleum geologist showing the character, thickness, and depth of the formations encountered in the drilling of a well and the depths at which all oil, gas, water, or other substances are encountered. The log shall show whether the well is productive of oil, gas, water, or other substances, the quantities thereof, and the initial pressure and production measured over a period of at least 48 hours. A copy of the well log shall be furnished to the Board within 30 days of the completion of the well. Such reports shall be held confidential; provided, however, that the State Geologist shall have access to this information.

Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 543. Reports of oil and gas operations.

  1. The owner, lessee, agent, employee, or other person in charge of any oil and gas well within the State shall forward to the Board, in the manner and form prescribed by the rules of the Board, a report showing the character of the well, method of operation, and total production for the preceding calendar year.  Such reports shall be held confidential.
  2. The Board may conduct investigations it considers necessary to verify compliance with this section.  The operator shall grant the Board, its employees, and agents permission to enter upon the site for this purpose.
  3. Statistical bulletins based on these reports shall be compiled by the Board to show, for the State as a whole, and separately for each town, the totals of oil and gas produced, provided that, in order not to disclose the production of any one operator, no production figure shall be published that represents the production of less than three operators.  If necessary to maintain confidentiality, production figures for two or more towns shall be combined.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 544. Abandonment of wells.

  1. Prior to the abandonment of any well drilled under a permit issued by the Board, it shall be the duty of the owner or operator of the well to plug it so as to completely shut off and prevent the escape of all oil, gas, salt water, or other substances that might pollute ground or surface waters.
  2. The operator of the well shall notify the Board in writing of his or her intention to plug and abandon, identifying the well and fixing the time when the work of plugging the well will be commenced so that a representative of the Board may be present.
  3. When plugging and restoration and reclamation of the drill site have been completed, a certificate of abandonment shall be filed in a form and manner prescribed by the Board.
  4. If a person fails to produce and sell, or to produce for his or her own purposes, oil or gas from a completed well for a period of more than 24 months, there shall be a rebuttable presumption that the person intends to abandon the well and any well equipment situated on the premises.  However, this presumption shall not arise:
    1. concerning leases for gas storage purposes; or
    2. where any shut-in royalty, flat rate well rental, delay rental, or other similar payment designed to keep an oil and gas lease in effect or to extend its term has been paid or tendered; or
    3. where the failure to produce and sell is the result of any act of neglect of a third party beyond the control of the owner or operator of the well; or
    4. when a delay in excess of 24 months occurs because of any inability to sell, deliver, or otherwise tender any oil or gas product.

      Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 545. Conveyance and acquisition of oil and gas interests.

  1. An oil and gas interest shall be deemed to mean the interest that is created by an instrument transferring, either by grant, reservation, assignment, or otherwise, an interest of any kind in oil and gas, and other minerals if included in an interest in oil and gas.
  2. An instrument transferring an interest in oil and gas, as described in subsection (a) of this section, shall identify the type of interest transferred in bold face type at the top of the instrument.  For example:
    1. LEASE - OIL AND GAS ONLY;
    2. LEASE - OIL, GAS, AND OTHER MINERALS;
    3. DEED - OIL AND GAS ONLY;
    4. DEED - OIL, GAS, AND OTHER MINERALS.
  3. The owner or operator of any well shall notify the Board and all royalty owners within 30 days of the sale, assignment, transfer, conveyance, or exchange by the owner or operator of such well and the land, owned or leased, upon which the well is located.
  4. Every person who acquires the ownership or operation of any well, whether by purchase, assignment, transfer, conveyance, exchange, or otherwise shall notify the Board and all royalty owners in writing within 60 days of the acquisition.
  5. The notice required by this section shall be given in the form and manner prescribed by the Board.  The Board shall compile and maintain current records of producing wells and their ownership and location.  The State Geologist shall have access to this information.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

Subchapter 6. Violations, Enforcement, and Penalties

§ 551. Illegal oil, gas, and product.

  1. The production, sale, acquisition, transportation, refining, processing, or handling of illegal oil, gas, or product is prohibited.  However, no penalty shall be imposed upon a person who sells, purchases, acquires, transports, refines, processes, or handles illegal oil, gas, or product, unless that person:
    1. knows, or is put on notice of facts indicating that illegal oil, gas, or product is involved; or
    2. fails to obtain a certificate of clearance with respect to such oil, gas, or product if prescribed by order of the Board; or
    3. fails to follow any other method prescribed by an order of the Board for the identification of such oil, gas, or product.
  2. The payment of any penalty or fine shall not operate to legalize any illegal oil, gas, or product involved in the violation for which the penalty or fine is imposed, or relieve a person on whom a penalty or fine is imposed from liability to any other person for damages arising out of the violations.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 552. Illegal oil, gas, or product declared contraband.

  1. Illegal oil, gas, and product are declared to be contraband and are subject to seizure and sale.  Seizure and sale shall be in addition to all other remedies and penalties provided in this chapter.
  2. Whenever the Board believes that any oil, gas, or product is illegal, the Board, acting by the Attorney General, may bring a civil action in the Superior Court of the county where the oil, gas, or product is found, to seize and sell the same, or the Board may include such an action in any suit brought for an injunction or penalty.  Any person claiming an interest in oil, gas, or product, affected by such an action shall have the right to intervene as an interested party.
  3. Any person having an interest in oil, gas, or product alleged to be illegal and contesting the right of the State to seize and sell the same may obtain its release prior to sale upon furnishing a bond to the court.  The bond shall be:
    1. in an amount equal to 150 percent of the market value of the oil, gas, or product to be released;
    2. conditioned upon either redelivery of the released commodity or payment of its market value, if and when ordered by the court; and
    3. conditioned upon full compliance with all further orders of the court.
  4. If the court finds that the oil, gas, or product is contraband, the court shall order its sale by the sheriff.
    1. Upon such sale, title to the oil, gas, or product shall vest in the purchaser free of all claims, and it shall be legal oil, gas, or product in the hands of the purchaser.
    2. All proceeds which are derived from the sale of illegal oil, gas, or product, less the costs of suit and expenses of sale, shall be paid into the General Fund.

      Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 553. Disclosure of confidential information prohibited.

It shall be unlawful for any member of the Board, State land manager, employee, or other person performing any function on behalf of the Board or a State land manager, or any governmental agency or employee utilizing confidential information provided to the Board, to disclose or use such information for purposes other than those authorized by the Board, except upon the written consent of the person making the information available to the Board.

Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 554. Penalties.

  1. Any person who violates any provision of this chapter or the rules or orders of the Board shall be fined not more than $5,000.00 or imprisoned for not more than two years, or both. In the case of a continuing violation, each day's continuance may be deemed a separate offense for the purpose of the fine.
  2. Any person who knowingly makes a false statement, representation, or certification in any application, record, report, plan, or other document filed or required to be maintained under this chapter or the rules, regulations, or orders of the Board shall be fined not more than $5,000.00 or be imprisoned for not more than two years, or both.
  3. Any person who unlawfully discloses or knowingly uses for his or her own purpose information made confidential under this chapter shall be fined not more than $5,000.00 or imprisoned for not more than two years, or both.
  4. Any person knowingly aiding or abetting any other person in the violation of this chapter or any rule, or order of the Board, shall be subject to the same penalties prescribed for the violation of that other person.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 555. Enforcement.

  1. In addition to the other penalties herein provided, the Board may institute any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate any violation of this chapter or of the rules, regulations, or orders promulgated hereunder.
  2. If the Board fails to bring a suit or other action to enjoin a violation or threatened violation of this chapter or any rule or order of the Board within 10 days after the receipt of a written request to do so by any person who is or will be adversely affected by the violation, the person making the request may bring suit on his or her own behalf to restrain the violation or threatened violation.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

Subchapter 7. Miscellaneous

§ 561. Release of oil and gas leases.

  1. After the expiration, cancellation, surrender, or relinquishment of an oil and gas lease, upon written request of the lessor, the lessee shall file a release or discharge of the lease in the land records of the town or towns where the lands described in the lease are located.  The filing shall be in recordable form and shall include any fees.
  2. If any lessee, his or her personal representative, successor, or assign fails or refuses to record a release for a period of 30 days after being so requested, he or she shall be liable for all damages occasioned thereby, including costs and reasonable attorney's fees.
  3. A lessor's request for release or discharge shall be in writing and delivered to the lessee by personal service or registered mail at his or her last known address.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 562. Subdivision of land subject to an oil and gas lease.

Unless the parties agree in writing to the contrary, if ownership of any land subject to an oil and gas lease is thereafter subdivided into separate interests, the land shall be developed and operated for oil and gas purposes as an entirety and the rentals and royalties shall be divided and paid to the separate owners in the proportion that the acreage or interest owned bears to the entire leased acreage.

Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 563. Abandonment of oil and gas interests; preservation.

  1. An abandoned interest in oil and gas shall revert to and merge with the surface estate from which it was severed.
  2. An interest in oil and gas is deemed abandoned at any time that:
    1. it has been unused for a continuous period of 10 years after July 1, 1973; and
    2. no statement of interest under subsection (e) of this section has been filed at any time within the preceding five years.
  3. The provisions of subsection (b) of this section shall not apply to any interest in oil or gas that has been retained by the owner who originally severed the mineral estate from the surface estate, notwithstanding that other interests in the land, including ownership of the surface, may have been sold, leased, mortgaged, or otherwise transferred.
  4. This section applies to all interests in oil and gas.  It also applies to interests in other minerals if created inclusively in the same instrument which expressly creates an oil and gas interest.  It does not apply to mineral interests that do not expressly include an oil and gas interest or were intended to be separate from an oil and gas interest.
  5. An interest in oil and gas is deemed used at any time in which:
    1. there is actual production of oil or gas, including production from lands covered by a lease to which an oil and gas interest is subject, or from lands pooled or unitized with such lands; or
    2. oil and gas operations are conducted under the terms of the instrument creating the oil and gas interest; or
    3. payment is made of rental or royalties for the purpose of delaying the use or continuing the use of the oil and gas interest; or
    4. payment of taxes is made on the oil and gas interest; or
    5. there exists a currently valid permit under 10 V.S.A. chapter 151 or a currently valid drilling permit under this chapter for development of the oil and gas interest.
  6. The owner of an interest in oil or gas may file a statement of interest in the land records of any municipality in which the land affected is located.  The statement shall include a description of the land affected, the nature of the interest claimed, the book and page of recording of the original grant of the interest, and the name and address of the person claiming the interest.
  7. The owner of the surface estate from which an oil and gas interest was severed may give notice of abandonment under this subsection.  Notice shall contain the name of the record owner of the interest, a description of the land and the nature of the interest, the book and page of filing of the interest, if it is filed, the name and address of the person giving notice, and a statement that the interest is presumed abandoned.  The notice shall be published in a newspaper of general circulation in the town or towns where the land affected is located.  If the address of the owner of the oil and gas interest is shown on record, a copy of the notice shall be mailed to that address by certified or registered mail within 10 days after the date of publication.
  8. A copy of the notice under subsection (g) of this section, and an affidavit, may be filed in the land records of the municipality in which the land is located.  The affidavit shall state that the oil or gas interest has been abandoned under the criteria set forth in subsection (b) of this section, and that notice of abandonment has been given under subsection (g).  After the notice and affidavit have been filed, unless a court finds to the contrary, the oil and gas interest shall be presumed abandoned, and the interest of the surface owner shall be presumed for all purposes free of encumbrance from that interest.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982; amended 2017, No. 24 , § 2, eff. May 4, 2017.

History

Revision note. In subsec. (h), changed references to "subsection (f)" to "subsection (g)" to correct an error in the references.

Amendments--2017. Subdiv. (b)(1): Deleted "not" preceding "been".

§ 564. Surface use value appraisal of agriculture and forestlands.

In order to support and encourage the accomplishment of the purposes set forth in 32 V.S.A. § 3751 , the eligibility of agricultural land and managed forestland for use value appraisal shall not be denied solely by the leasing or development of the subsurface of those lands for oil and gas exploration and production. However, those lands shall nevertheless be required to meet the criteria contained in 32 V.S.A. chapter 124 and the rules adopted by the Current Use Advisory Board.

Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

§ 565. Governor authorized to join in interstate compact.

  1. The Governor, in the name of the State, may join with the other states in the Interstate Compact to Conserve Oil and Gas.  This compact was executed in Dallas, Texas, on February 16, 1935, has been extended, with the consent of Congress on October 14, 1976 by Public Law 94-493, and said compact and all extensions are now on deposit with the Department of State of the United States.
  2. The Governor, in the name of the State, may execute agreements for the further extension of the expiration date of that interstate compact to conserve oil and gas and to determine if and when it shall be to the best interest of this State to withdraw from said compact upon 60 days' notice as provided by its terms.  If he or she determines that the State shall withdraw from said compact, he or she may give necessary notice and take any and all steps necessary and proper to effect the withdrawal.
  3. The Governor shall be the official representative of the State in the Compact to Conserve Oil and Gas, and shall exercise and perform for the State all of the powers and duties as such; provided, however, that the assistant representative who shall act in his or her stead as the official representative of the State shall be the Chair of the Board.

    Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

History

Reference in text. Public Law 94-493, referred to in subsec. (a), is codified as 90 Stat. 2365.

§ 566. Construction.

  1. This chapter shall be liberally construed so as to effect the purposes set forth in section 502 of this chapter.
  2. The provisions of this chapter shall supersede all local laws and regulations relating to oil and gas development insofar as they may specify performance standards, methods, materials, procedures, or equipment to be used by a well operator.
  3. The provisions of this chapter shall not supersede local laws and regulations that provide for:
    1. specific uses permitted or prohibited in land use or zoning districts;
    2. other matters not fully covered by State law, regulation, or rule of the Board, to the extent that local regulation does not conflict or interfere with State regulation.

      Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982.

Subchapter 8. Hydraulic Fracturing for Oil or Gas Recovery

History

Legislative findings. 2011, No. 152 (Adj. Sess.), § 1 provides: "The general assembly finds and declares that:

"(1) The drilling practice of hydraulic fracturing for natural gas exploration and production uses a variety of chemicals that are pumped into natural gas or oil wells.

"(2) During hydraulic fracturing, chemicals and waste fluid pumped into wells may be introduced into and contaminate drinking water aquifers.

"(3) To ensure that the state's underground sources of drinking water remain free of contamination, the general assembly should prohibit hydraulic fracturing for the purpose of the recovery of oil or natural gas in order to:

"(A) allow the state time to review, develop, and establish potential requirements for regulation of hydraulic fracturing; and

"(B) allow the agency of natural resources to review the environmental impacts of hydraulic fracturing.

"(4) When hydraulic fracturing can be conducted without risk of contamination to the groundwater of Vermont, the general assembly should repeal the prohibition on hydraulic fracturing for oil and natural gas recovery."

§ 571. Hydraulic fracturing; prohibition.

  1. No person may engage in hydraulic fracturing in the State.
  2. No person within the State may collect, store, or treat wastewater from hydraulic fracturing.

    Added 2011, No. 152 (Adj. Sess.), § 3, eff. May 16, 2012.

CHAPTER 15. BOARD OF PUBLIC WORKS

Sec.

§§ 601-611. Repealed. 1995, No. 188 (Adj. Sess.), § 4(12).

History

Former § 601, relating to creation and purpose of Board of Public Works, was derived from V.S. 1947, § 5245; P.L. § 4974; 1933, No. 5 (Sp. Sess.), § 1.

Former § 602, relating to powers of Board of Public Works, was derived from V.S. 1947, §§ 5246, 5257; 1945, No. 94 , § 1; 1937, No. 111 , § 1; 1934, No. 4 (Sp. Sess.), § 1; P.L. § 4975; 1933, No. 5 (Sp. Sess.), § 2; and amended 1971, No. 167 (Adj. Sess.), § 2.

Former § 603, relating to ability and procedure of acquiring property, was derived from V.S. 1947, § 5247; P.L. § 4976; 1933, No. 5 (Sp. Sess.), § 3; and amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

Former § 604, relating to notice and hearing for those with interest in such property, was derived from V.S. 1947, § 5248; P.L. § 4977; 1933, No. 5 (Sp. Sess.), § 4; and amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

Former § 605, relating to judgment and compensation when acquiring property, was derived from V.S. 1947, § 5249; P.L. § 4978; 1933, No. 5 (Sp. Sess.), § 5.

Former § 606, relating to appeal procedures for those feeling aggrieved by amount of compensation, was derived from V.S. 1947, § 5250; P.L. § 4979; 1933, No. 5 (Sp. Sess.), § 6; and amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1971, No. 185 (Adj. Sess.), § 209, eff. March 29, 1972.

Former § 607, relating to apportionment of expenses and damages on flood control projects, was derived from V.S. 1947, § 5251; P.L. § 4980; 1933, No. 5 (Sp. Sess.), § 7; and amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

Former § 608, relating to notice and payment of assessments, was derived from V.S. 1947, § 5252; 1947, No. 202 , § 5196; 1937, No. 112 ; P.L. § 4981; 1933, No. 5 (Sp. Sess.), § 8; and amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

Former § 609, relating to appeal of assessment procedures, was derived from V.S. 1947, § 5253; P.L. § 4982; 1933, No. 5 (Sp. Sess.), § 9; and amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1971, No. 185 (Adj. Sess.), § 210, eff. March 29, 1972.

Former § 610, relating to compensation of Board members and appointment of employees, was derived from V.S. 1947, § 5254; P.L. § 4983; 1933, No. 5 (Sp. Sess.), § 10.

Former § 611, relating to construction with other laws, was derived from V.S. 1947, § 5255; P.L. § 4984; 1933, No. 5 (Sp. Sess.), § 11; and amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

CHAPTER 16. VERMONT TRANSPORTATION AUTHORITY

History

Repeal of chapter. This chapter, which formerly consisted of §§ 701-814, relating to the Vermont Transportation Authority, was repealed by 2019, No. 61 , § 17.

Subchapter 1. General Provisions

§§ 701-704. Repealed. 2019, No. 61, § 17.

History

Former §§ 701-704. Former § 701, relating to definitions pertaining to the Vermont Transportation Authority, was derived from 1973, No. 14 , § 2.

Former § 702, relating to governing law, was derived from 1973, No. 14 , § 2.

Former § 703, relating to cooperation and assistance of other agencies, was derived from 1973, No. 14 , § 2.

Former § 704, relating to actions against authority, was derived from 1973, No. 14 , § 2.

Subchapter 2. Establishment and Organization

§§ 711-716. Repealed. 2019, No. 61, § 17.

History

Former §§ 711-716. Former § 711, relating to establishment of a body corporate and politic, was derived from 1973, No. 14 , § 2

Former § 712, relating to membership and vacancies, was derived from 1973, No. 14 , § 2 and amended by 1999, No. 18 , § 13.

Former § 713, relating to officers and quorum, was derived from 1973, No. 14 , § 2.

Former § 714, relating to removal from office and oath, was derived from 1973, No. 14 , § 2.

Former § 715, relating to compensation and expenses, was derived from 1973, No. 14 , § 2.

Former § 716, relating to termination and authority, was derived from 1973, No. 14 , § 2.

Subchapter 3. Powers and Duties

§§ 730-735. Repealed. 2019, No. 61, § 17.

History

Former §§ 730-735. Former § 730, relating to authorized projects, was derived from 1973, No. 14 , § 2 and amended by 1999, No. 18 , § 14.

Former § 731, relating to general powers, was derived from 1973, No. 14 , § 2 and amended by 1973, No. 193 (Adj. Sess.), § 3.

Former § 732, relating to supplementary powers, was derived from 1973, No. 14 , § 2 and amended by 1999, No. 18 , § 15.

Former § 733, relating to subsidiary corporations, was derived from 1973, No. 14 , § 2.

Former § 734, relating to the reserve fund, was derived from 1973, No. 14 , § 2.

Former § 735, relating to the annual report and audit, was derived from 1973, No. 14 , § 2 and amended by 2001, No. 63 , § 264d and 2003 No. 160 (Adj. Sess.), § 53.

Subchapter 4. Form and Nature of Bonds and Notes

§§ 751-754. Repealed. 2019, No. 61, § 17.

History

Former §§ 751-754. Former § 751, relating to form of obligation; faith and credit; redemption, was derived from 1973, No. 14 , § 2.

Former § 752, relating negotiability, was derived from 1973, No. 14 , § 2.

Former § 753, relating to bonds or notes as legal investment, was derived from 1973, No. 14 , § 2.

Former § 754, relating to tax exemption, was derived from 1973, No. 14 , § 2.

Subchapter 5. Sale and Issuance of Bonds and Notes

§§ 771-777. Repealed. 2019, No. 61, § 17.

History

Former §§ 771-777. Former § 771, relating to purpose; general obligation, was derived from 1973, No. 14 , § 2.

Former § 772, relating to form of issuance, was derived from 1973, No. 14 , § 2.

Former § 773, relating to sale price, was derived from 1973, No. 14 , § 2.

Former § 774, relating to approval of Governor, was derived from 1973, No. 14 , § 2.

Former § 775, relating to payment or refunding of notes, was derived from 1973, No. 14 , § 2.

Former § 776, relating to terms of agreement with bond or noteholder, was derived from 1973, No. 14 , § 2.

Former § 777, relating to presumption of validity, was derived from 1973, No. 14 , § 2.

Subchapter 6. Eminent Domain

§§ 791-795. Repealed. 2019, No. 61, § 17.

History

Former §§ 791-795. Former § 791, relating to right conferred, was derived from 1973, No. 14 , § 2.

Former § 792, relating to jurisdiction of Transportation Board; compensation; appeals, was derived from 1973, No. 14 , § 2 and amended by 1973, No. 193 (Adj. Sess.), § 3 and 1999, No. 18 , § 15.

Former § 793, relating to petition and rehearing, was derived from 1973, No. 14 , § 2 and amended by 1999, No. 18 , § 15.

Former § 794, relating to procedure, was derived from 1973, No. 14 , § 2.

Former § 795, relating to vesting of title, was derived from 1973, No. 14 , § 2 and amended by 1973, No. 193 (Adj. Sess.), § 3 and 1999, No. 18 , § 15.

Subchapter 7. Protection of Bond and Noteholders

§§ 811-814. Repealed. 2019, No. 61, § 17.

History

Former §§ 811-814. Former § 811, relating to default in payment, was derived from 1973, No. 14 , § 2.

Former § 812, relating to powers if trustee on default, was derived from 1973, No. 14 , § 2.

Former § 813, relating to Superior Court jurisdiction, was derived from 1973, No. 14 , § 2 and amended by 1973, No. 193 (Adj. Sess.), § 3.

Former § 814, relating to personal liability, was derived from 1973, No. 14 , § 2.

CHAPTER 17. NAMES OF STATE FACILITIES

Sec.

§ 820. The naming of State buildings and facilities.

Except for State transportation buildings and facilities named by the Transportation Board in accordance with 19 V.S.A. § 5 , the name by which a State building or facility is to be known shall be authorized by the General Assembly.

Added 1993, No. 233 (Adj. Sess.), § 78, eff. June 21, 1994; amended 2015, No. 40 , § 26a, eff. March 1, 2016.

History

Amendments--2015. Added the phrase beginning "Except for State transportation buildings" through the comma, and made other technical changes.

§ 821. State facilities.

  1. State buildings.
    1. "Asa Bloomer State Office Building" shall be the name of the building now known as the "Hulett" office building in the city of Rutland.
    2. "Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont" shall be the name of the buildings and grounds now known as the "Vermont Fire and Police Training Academy" in Pittsford.
    3. "Edgar M. Weed State Fish Hatchery" shall be the name of the State Fish Hatchery on Lake Champlain in Grand Isle.
    4. "Mac L. Stevens Memorial Hangar" shall be the name of the aircraft hangar at the Agency of Transportation District 6 headquarters at the E.F. Knapp Airport in Berlin.
    5. "John J. Zampieri State Office Building" shall be the name of the State office building at 108 Cherry Street in Burlington.
    6. "Emory A. Hebard State Office Building" shall be the name of the State office building at 100 Main Street in Newport.
    7. The parking lot for the "Emory A. Hebard State Office Building," located at the State office building at 100 Main Street in Newport, shall be named the "Warren 'Jersey' Drown Parking Facility."
    8. "McFarland State Office Building" shall be the name of the State office building at Five Perry Street in Barre.
    9. "Vermont Psychiatric Care Hospital" shall be the name of the State Hospital in Berlin.
    10. "Vermont State Health Laboratory" shall be the name of the State Health Laboratory in Colchester.
    11. "Senator James M. Jeffords Welcome Center" shall be the name of the Welcome Center in Bennington.
    12. "Northeast Kingdom International Airport" shall be the name of the Newport State Airport in Coventry.
    13. "Vermont Agriculture and Environmental Laboratory" shall be the name of the State laboratory in Randolph.
    14. "Francis B. McCaffrey Courthouse" shall be the name of the courthouse at 9 Merchants Row in Rutland.
  2. State correctional facilities.  The names of State correctional facilities shall be as follows:
    1. In Newport City, "Northern State Correctional Facility."
    2. In St. Albans, "Northwest State Correctional Facility."
    3. In Springfield, "Southern State Correctional Facility."
    4. In Windsor, "Southeast State Correctional Facility."
    5. In St. Johnsbury, "Northeast Regional Correctional Facility."
    6. In Rutland, "Marble Valley Regional Correctional Facility."
    7. In South Burlington, "Chittenden Regional Correctional Facility."
    8. In Woodstock, "Woodstock Regional Correctional Facility."
    9. In St. Johnsbury, "Caledonia Community Work Camp."
    10. [Repealed.]

      Added 1993, No. 233 (Adj. Sess.), § 78, eff. June 21, 1994; amended 1995, No. 62 , §§ 40, 51, eff. April 26, 1995; 1997, No. 148 (Adj. Sess.), § 74, eff. April 29, 1998; 1999, No. 148 (Adj. Sess.), § 81, eff. May 24, 2000; 2001, No. 149 (Adj. Sess.), § 27, eff. June 27, 2002; 2003, No. 121 (Adj. Sess.), § 25, eff. June 8, 2004; 2005, No. 147 (Adj. Sess.), § 31, eff. May 15, 2006; 2013, No. 51 , § 29a, eff. May 29, 2013; 2015, No. 26 , § 26, eff. May 18, 2015; 2015, No. 40 , § 24; 2015, No. 160 (Adj. Sess.), § 28, eff. June 2, 2016; 2019, No. 42 , § 23, eff. May 30, 2019.

History

Revision note. Deleted "named" as superfluous following "shall be" in the introductory paragraph of subsec. (b).

Amendments--2019. Subdiv. (a)(14): Added.

Amendments--2015 (Adj. Sess.). Subdiv. (b)(10): Deleted.

Amendments--2015. Subdivs. (a)(11) and (12): Added by Act No. 40.

Subdivs. (a)(13): Added by Act No. 26.

Amendments--2013 Subsec. (a): Added subdivs. (9) and (10).

Amendments--2005 (Adj. Sess.). Subdiv. (a)(2): Substituted "'Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont'" for "'Vermont Fire and Police Training Academy'" and "'Vermont Fire and Police Training Academy'" for "'Vermont Police Academy and Fire Service Training Facility'".

Amendments--2003 (Adj. Sess.). Subdiv. (a)(8): Added.

Amendments--2001 (Adj. Sess.). Subdivs. (a)(6), (a)(7): Added.

Amendments--1999 (Adj. Sess.). Subsec. (b): Deleted "in existence and operational on July 1, 1994" preceding "shall be" in the introductory paragraph, added new subdiv. (3), redesignated former subdivs (3)-(6) as present subdivs (4)-(7) and former subdiv. (7) as present subdiv. (9) and added subdiv. (10).

Amendments--1997 (Adj. Sess.). Subsec. (a): Added subdivs. (a)(3) to (a)(5).

Amendments--1995 Subdiv. (a)(2): Added.

Subdiv. (b)(4): Substituted " 'Northeast Regional Correctional Facility' " for " 'Northeast State Correctional Facility' ".

CHAPTER 19. TRAINING CENTER GOVERNANCE COMMITTEE

Sec.

§ 841. Committee creation.

  1. Creation.  There is created the Training Center Governance Committee to manage access to the facilities of the Robert H. Wood Jr. Criminal Justice and Fire Service Training Center of Vermont (Training Center), located in Pittsford, Vermont.
  2. Membership.  The Committee shall be composed of the following eight members:
    1. the Executive Director of the Vermont Criminal Justice Council;
    2. the Chair of the Vermont Fire Service Training Council;
    3. an employee of the Department of Buildings and General Services, appointed by the Commissioner of the Department;
    4. the Chair of the Vermont Criminal Justice Council;
    5. the Chief Training Officer of the Vermont Fire Academy;
    6. an employee of the Department of Corrections, appointed by the Commissioner of the Department;
    7. the Director of the Division of Fire Safety; and
    8. a member of the State Police, appointed by the Commissioner of Public Safety.
  3. Powers and duties.  The Committee shall:
    1. Use and access.  Govern the use of and access to the Training Center. In so governing, the Committee shall take into consideration the needs of the State's various agencies and members of the public in using the Training Center's facilities.
    2. Future needs and capital investments.
      1. Plan for the future capital needs of the Training Center;
      2. submit a capital program plan to the Department of Buildings and General Services for the capital construction bill set forth in 32 V.S.A. § 701a and report to the General Assembly as necessary on any recommended legislative action for capital needs; and
      3. on an ongoing basis, monitor the effectiveness of any capital investments related to training needs.
    3. Performance analysis.  Establish policies to ensure the facility training needs of those persons that use the Training Center are cost-effectively met, and establish performance measures for assessing on an ongoing basis how well those needs are met.
    4. Budget and rates.
      1. Manage the operating budget for the facilities at the Training Center;
      2. set the rates for use of space at the Training Center;
      3. enter into and administer new contracts on behalf of the Training Center regarding the operations of the Training Center; and
      4. develop approaches to budgeting and paying for space that encourage collaboration among those persons that use the Training Center, and address future major maintenance needs.
  4. Meetings.
    1. The Committee shall meet not fewer than four times per year.
    2. A majority of the membership shall constitute a quorum.
    3. The Committee shall elect a chair and may adopt rules of procedure.
  5. Reimbursement.  Members of the Committee who are not employees of the State and who are not otherwise compensated or reimbursed for their attendance shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 .

    Added 2015, No. 26 , § 43, eff. May 18, 2015.

History

2020. In subdivs. (b)(1) and (b)(4), substituted "Vermont Criminal Justice Council" for "Vermont Criminal Justice Training Council" in accordance with 2019, No. 166 (Adj. Sess.), § 2(b).

§ 842. Training Safety Subcommittee; recommendations; Governance Committee report.

  1. Subcommittee creation.  There is created as a subcommittee of the Training Center Governance Committee the Training Safety Subcommittee to make recommendations regarding training safety at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont (Training Center).
  2. Subcommittee membership.  The Subcommittee shall be composed of seven members.
    1. Four of these members shall be members of the Training Center Governance Committee, appointed by the Committee as follows:
      1. two shall represent the Vermont Police Academy; and
      2. two shall represent the Vermont Fire Academy.
    2. The remaining three members shall be as follows:
      1. the Commissioner of Labor or designee;
      2. the Risk Management Manager of the Office of Risk Management within the Agency of Administration; and
      3. one employee of the Vermont League of Cities and Towns who specializes in risk management, appointed by the Executive Director of the League.
  3. Subcommittee recommendations.  The Subcommittee shall annually:
    1. on or before February 1, review the safety records of the Training Center; and
    2. on or before July 1, submit to the Training Center Governance Committee its recommendations regarding how training safety at the Training Center could be improved.
  4. Governance Committee review and report.
    1. The Training Center Governance Committee shall review and consider the recommendations made by the Subcommittee under subsection (c) of this section.
    2. Annually, on or before January 15, the Governance Committee shall report to the General Assembly regarding:
      1. any training safety issues it has discovered at the Training Center and any steps it has taken to remedy those issues; and
      2. whether the Governance Committee has instituted any of the Subcommittee's recommendations for training safety and if not, the reasons therefor.
    3. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report required to be made under this subsection.

      Added 2015, No. 118 (Adj. Sess.), § 12.

PART 2 Supplies and Printing

CHAPTER 49. DEPARTMENT OF BUILDINGS AND GENERAL SERVICES

History

Amendments--1995 (Adj. Sess.) 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996, substituted "department of buildings and general services" for "department of general services" in the chapter heading.

Amendments--1987 (Adj. Sess.). 1987, No. 243 (Adj. Sess.), § 35 eff. June 13, 1988, substituted "Department of General Services" for "Purchasing Division" in the chapter heading.

Abolition of division purchasing; transfer of functions and positions to department of general services. Executive Order No. 35-87 provided for the abolition of the division of purchasing and the transfer of the duties, responsibilities, authorized positions and equipment to the department of general services as established by the order. Executive Order No. 35-87 further provided for the designation of the exempt position of director of purchasing as the position of commissioner of general services. By its own terms, Executive Order No. 35-87 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35, see chapter 3 of Title 3 Appendix. Executive Order No. 35-87, which this note refers to, was revoked and rescinded by E.O. 06-05 (No. 3-46), eff. Sept. 13, 2005.

Redesignation of purchasing director as commissioner of general services; redesignation of commissioner of general services as commissioner of general services and chief of administration and rescission of that redesignation. For the purpose of conforming the statutory provisions to the structure of the agency of administration as reorganized in 1987 by Executive Order No. 35-87, 1987, No. 243 (Adj. Sess.), § 36, eff. June 13, 1988, provided for the amendment of this chapter by substituting "commissioner of general services" for "purchasing director" throughout the chapter. The section directed the statutory revision commission to so change the text as sections are amended or reprinted. Executive Order No. 35-87, which this note refers to, was revoked and rescinded by E.O. 06-05 (No. 3-46), eff. Sept. 13, 2005.

Executive Order No. 04-91 redesignated the commissioner of department of general services as the commissioner of general services and chief of administration for purposes of reorganizing the agency of administration. By its own terms, Executive Order No. 04-91 shall take effect on January 31, 1991, pursuant to section 2002 of Title 3. For the text of Executive Order No. 04-91, see chapter 3 of Title 3 Appendix.

Executive Order No. 01-93 rescinded the provisions of Executive Order No. 04-91 authorizing the redesignation of the commissioner of the department of general services as the commissioner of general services and chief of administration. By its own terms, Executive Order No. 01-93 took effect on January 10, 1993. For the text of Executive Order No. 01-93, see chapter 3 of Title 3 Appendix.

Subchapter 1. General Provisions

History

Amendments--2007 (Adj. Sess.) 2007, No. 105 (Adj. Sess.), § 2, eff. April 28, 2008, designated §§ 901 through 920 of this chapter as subchapter 1 and added the subchapter heading.

Legislative findings and intent. 2007, No. 105 (Adj. Sess.), § 1 provides: "(a) The general assembly finds that:

"(1) Vermont citizens believe employers should fairly compensate hard work, that the health and safety of working people should be protected, and that no form of unlawful discrimination or abuse should be tolerated.

"(2) Vermont citizens are aware that laws and regulations designed to safeguard basic tenets of ethical business practice are disregarded in many workplaces, commonly referred to as "sweatshops."

"(3) State government purchase of goods made under abusive conditions on behalf of the state's citizens offends Vermont citizens' sense of justice and decency.

"(4) When the state of Vermont contracts with vendors whose suppliers profit by providing substandard wages and working conditions, Vermont's businesses are put at a competitive disadvantage.

"(5) The state of Vermont believes in doing business with vendors who make a good-faith effort to ensure that their suppliers and those at the point of assembly adhere to the principles set forth in this act.

"(b) By this act, the general assembly intends that:

"(1) In its role as a market participant that procures apparel, footwear, and textiles, the state of Vermont seeks to protect the interests of Vermont citizens and businesses by exercising its state sovereignty to spend Vermont citizens' tax dollars in a manner consistent with their express wishes that the state deal with responsible bidders who seek contracts to supply goods to the state of Vermont, and protect legally compliant Vermont businesses and workers from unfair competition created by downward pressure on prices and conditions attributable to businesses that violate applicable workplace laws.

"(2) Seeking to protect these local interests through the least discriminatory means available, the state of Vermont requires that all bidders seeking contracts to supply the state of Vermont with apparel, footwear, and textiles provide certification that their suppliers at the point of assembly comply with workplace laws of the vendor's or supplier's site of assembly and with treaty obligations that are shared by the United States and the country in which the goods are assembled."

§ 901. Repealed. 1987, No. 243 (Adj. Sess.), § 37, eff. June 13, 1988.

History

Former § 901, relating to appointment of purchasing director, was derived from 1959, No. 328 (Adj. Sess.), § 13 and amended by 1965, No. 125 , § 11.

§ 902. Duties of Commissioner of Buildings and General Services.

  1. The Commissioner of Buildings and General Services shall contract for and make all purchases, including all fuel, supplies, materials, equipment, for all departments, offices, institutions, and other agencies of the State and counties. However, he or she may delegate authority to those governmental agencies to purchase directly individually approved types and classes of items when the interests of the State are best served thereby. He or she shall also contract for and purchase materials for the repair and for the construction and equipment of new buildings to be erected by the State, unless otherwise provided. He or she may purchase such supplies, materials, and equipment as are requisitioned by the supervisors of the natural resources conservation districts. He or she may also cooperate with and advise officials of any political subdivision of the State or any institution of higher education chartered in Vermont and accredited or holding a certificate of approval from the State Board of Education in their purchase of any of the supplies, materials, and equipment needed by the political subdivision or institution of higher education, and may act as the agent of the political subdivision at the request of the authorized officials or agent thereof in the purchase of supplies, materials, and equipment.
  2. [Repealed.]
  3. The Commissioner of Buildings and General Services may establish, in consultation with the heads of the governmental agencies, quality standards for all items specified in subsection (a) of this section.
  4. The Commissioner of Buildings and General Services may prescribe forms to be used in all purchasing, warehousing, and inventory functions set forth in this section; and when he or she so prescribes, the forms shall be used by all departments and agencies affected by this section.
  5. [Repealed.]
  6. The Commissioner of Buildings and General Services may also:
    1. establish and supervise inventory methods to be used by all government agencies;
    2. [Repealed.]
    3. maintain and operate the office supply service;
    4. receive, warehouse, manage, and distribute all State property and commodities, except alcoholic beverages purchased by the Board of Liquor and Lottery; and all surplus federal property and commodities;
    5. maintain central inventory of all State property and equipment other than lands and buildings; and
    6. maintain and operate the State's Fleet Management System.
  7. The Commissioner of Buildings and General Services may establish substitute practices and exceptions from practices in requisitioning and purchasing that do not violate the spirit and intent of the general procedures; and he or she may direct, subject to the right of appeal by the head of the governmental agency to the Governor, the purchase of specified items to be made under the substitute practices and exceptions from practices.
  8. The Commissioner of Buildings and General Services may employ a standards and specifications engineer who shall under the supervision and direction of the Commissioner of Buildings and General Services:
    1. develop standards;
    2. assist the buyers and requisitioning agencies in formulating specifications;
    3. work on the continued expansion of the testing program;
    4. cooperate with departments and other agencies in the improvement of inspection practices;
    5. perform such other duties relative to the duties of the Commissioner of Buildings and General Services as the Commissioner of Buildings and General Services may direct.
  9. Notwithstanding subsection (a) of this section, all alcoholic beverages sold by the Board of Liquor and Lottery shall be purchased by the Board as set forth in 7 V.S.A. §§ 104 and 107.

    Added 1959, No. 328 (Adj. Sess.), § 13; amended 1961, No. 31 , § 1; 1963, No. 79 , § 1(b), eff. May 7, 1963; 1965, No. 125 , § 16, eff. July 2, 1965; 1967, No. 303 (Adj. Sess.), § 15(b); 1987, No. 243 (Adj. Sess.), § 38, eff. June 13, 1988; 1991, No. 87 , § 3; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2005, No. 147 (Adj. Sess.), § 29, eff. May 15, 2006; 2013, No. 50 , § E.101.8; 2017, No. 83 , § 158; 2018, No. 1 (Sp. Sess.), § 88.

History

2017. In subsec. (a), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Revision note - . In the section heading and subsecs. (a) through (h), substituted "commissioner of general services and chief of administration" for "commissioner of general services" in light of Executive Order No. 04-91, which redesignated the position of commissioner of department of general services as commissioner of general services and chief of administration. By its own terms, Executive Order No. 04-91 took effect on January 31, 1991, pursuant to section 2002 of Title 3. For the text of Executive Order No. 04-91, see chapter 3 of Title 3 Appendix.

In the section heading and subsecs. (a)-(d) and (f)-(h), substituted "commissioner of general services" for "commissioner of general services and chief of administration" in light of Executive Order No. 01-93, which rescinded the redesignation of that position authorized by Executive Order No. 04-91. By its own terms, Executive Order No. 01-93 took effect on January 10, 1993. For the text of Executive Order No. 01-93, see chapter 3 of Title 3 Appendix.

In subsec. (i), substituted "secretary" for "commissioner" preceding "of administration" to conform reference to new title and reorganization of state government See § 2201 et seq. of Title 3.

Amendments--2018 (Sp. Sess.). Substituted "Board of Liquor and Lottery" for "Liquor Control Board" in subdiv. (b)(4) and in subsec. (i).

Amendments--2017. Subdiv. (f)(4): Substituted "by" for "for" following "purchased".

Subsec. (i): Added.

Amendments--2013 Subsec. (b): Repealed.

Amendments--2005 (Adj. Sess.). Subdiv. (f)(2): Deleted.

Subdiv. (f)(6): Added.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" wherever it appeared.

Amendments--1991. Subsec. (a): Inserted "or institution of higher education chartered in Vermont and accredited or holding a certificate of approval from the state board of education" following "state" and "or institution of higher education" preceding "and may act" in the fifth sentence.

Amendments--1987 (Adj. Sess.). Deleted "light, water" following "limited to all fuel" in the first sentence of subsec. (a), repealed subsecs. (e) and (i), and substituted "commissioner of general services" for "purchasing director".

Amendments--1967 (Adj. Sess.). Subsec. (a): Substituted "natural resources" for "soil and water" preceding "conservation districts" at the end of the fourth sentence.

Amendments--1965. Subsec. (i): Deleted "fix his pay" preceding "and remove" in the first sentence.

Amendments--1963. Subsec. (a): Inserted "and water" preceding "conservation districts" at the end of the fourth sentence.

Amendments--1961. Subdiv. (f)(4): Deleted "other than food commodities" following "property and commodities".

Prior law. 29 V.S.A. § 952.

Cross References

Cross references. Central warehouse, see § 1501 et seq. of this title.

Requirements for obtaining license or governmental contract, see 32 V.S.A. § 3113.

ANNOTATIONS

Analysis

1. Political subdivisions.

Subsection (a) of this section does not confer on political subdivisions any rights to the services of the purchasing director. 1970-72 Op. Atty. Gen. 472.

Regional planning and development commissions are political subdivisions of the State within the meaning of subsection (a) of this section. 1970-72 Op. Atty. Gen. 472.

2. Purchase prices.

When purchasing milk and cream for State institutions, the purchasing director is not bound by prices set by the Milk Control Board. 1972-74 Op. Atty. Gen. 222.

§ 903. Requisition for supplies and materials.

  1. When any governmental agency is in need of any of the items mentioned in this chapter, the responsible officer thereof shall requisition therefor upon the Commissioner of Buildings and General Services, and the Commissioner of Buildings and General Services shall purchase the items by either advertising for bids or by letters of inquiry and the contract for those items shall be awarded to the person whose bid or quotation is in the best interests of the State. Subject to the provisions of subsections (b) and (c) of this section, the Commissioner of Buildings and General Services may reject any or all bids or quotations and with the approval of the Secretary of Administration, procure items in such manner as may be in the best interests of the State.
  2. When purchasing any items mentioned in this chapter, the Commissioner of Buildings and General Services, in any determination of the best interests of the State shall consider (1) specified quality; (2) price; (3) ease of access of supply; (4) incidental administrative costs; (5) proven reliability of bidder; (6) use of recycled materials or products; (7) minimizing the creation, by the State, of solid waste; (8) the extent to which the usage of the item involves the generation of pollutants; (9) life cycle costs, if required under the State Agency Energy Plan, as implemented; (10) the interests of the State relating to the proximity of the supplier and the costs of transportation, and relating to the economy of the State and the need to maintain and create jobs in the State; and (11) the use of railroads and the increased revenues returning to the State from its railroad leasing program. The Commissioner, in the Commissioner's discretion, may spend up to 10 percent more for comparable products that are made of recycled materials. If products made of recycled materials are to cost more than 10 percent more than comparable products, the Commissioner shall receive consent of State entities that are to use the product, before completing the order for the materials in question.
  3. Whenever any business or industry located in Vermont and employing citizens of this State has submitted a bid and the item has not been purchased from them, the Commissioner of Buildings and General Services shall record his or her reason for assigning the order as he or she did and his or her report shall be a public record available to any interested person. All bids or quotations shall be kept on file in his or her office and open to public inspection.
  4. The Commissioner of Buildings and General Services, with the assistance of all State agencies, shall cooperate with the generators and managers of waste materials which may be recycled and with the producers of products which use recycled materials to maximize the State's use of those materials and products, particularly where the added cost of using waste materials rather than virgin materials is less than the cost avoided by not having that waste in the waste stream. Proceeds from the sale of waste materials collected by the Department of Buildings and General Services shall be credited to a special fund and shall be available to the Department to offset the cost of recycling efforts. The goal for the purchase of recycled materials shall be at least 40 percent by the end of 2008. For purposes of this section, "recycled materials" include recycled paper products, retreaded automobile tires, re-refined lubricating oil, used automotive parts, reclaimed solvents, recycled asphalt, recycled concrete, and compost materials.
  5. [Repealed.]
  6. [Repealed.]
  7. The Commissioner of Buildings and General Services, when purchasing or leasing vehicles for State use, shall, to the maximum extent practicable, purchase or lease hybrid or plug-in electric vehicles, as defined in 23 V.S.A. § 4(85) , but in no instance shall less than 75 percent of the vehicles annually purchased or leased be hybrid or plug-in electric vehicles. The Commissioner shall, whenever possible and provided that the vehicles are comparable and meet the State's needs, purchase or lease the lowest-cost year of the selected make and model, and only the latest year model when it is the least expensive.

    Added 1959, No. 328 (Adj. Sess.), § 13; amended 1966, No. 9 (Sp. Sess.); 1987, No. 78 , §§ 18, 19; 1987, No. 243 (Adj. Sess.), § 36, eff. June 13, 1988; 1987, No. 281 (Adj. Sess.), § 311; 1989, No. 286 (Adj. Sess.), § 8; 1991, No. 75 , § 5; 1991, No. 259 (Adj. Sess.), §§ 9, 10; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1995, No. 183 (Adj. Sess.), § 8, eff. May 22, 1996; 1997, No. 155 (Adj. Sess.), § 4; 2003, No. 121 (Adj. Sess.), § 42, eff. June 8, 2004; 2009, No. 33 , § 57; 2013, No. 142 (Adj. Sess.), § 96; 2015, No. 58 , § E.100.3, eff. June 11, 2015; 2019, No. 59 , § 40; 2019, No. 59 , § 41, eff. July 1, 2021.

History

2013. In subsec. (d), deleted ", but are not limited to," following "include" in accordance with 2013, No. 5 § 4.

References to "this subchapter" in subsecs. (a) and (b) changed to "this chapter" to correct an error in the references.

Substituted "of this section" for "herein continued" following "subsections (a) and (b)" in subsec. (a) to conform reference to V.S.A. style.

Substituted "secretary" for "commissioner" preceding "of administration" in subsec. (a) to conform reference to new title and reorganization of state government. See 3 V.S.A. § 2201 et seq.

Amendments--2019. Subsec. (g): Act No. 59, § 40 rewrote the subsec.

Subsec. (g): Act No. 59, § 41 substituted "75 percent" for "50 percent" in the first sentence, effective July 1, 2021.

Amendments--2015. Subsec. (e): Repealed.

Amendments--2013 (Adj. Sess.). Subdiv. (e)(3): Repealed.

Amendments--2009 Subsec. (d): Deleted the last sentence.

Amendments--2003 (Adj. Sess.). Subsec. (b): Substituted "ten" for "five" preceding "percent" in two places.

Subsec. (d): Substituted "40" for "15" preceding "percent" and "2008" for "1988, 25 percent by the end of 1990, and 40 percent by the end of 1993".

Subsec. (f): Deleted.

Subsec. (g): Deleted "in consultation with the commissioner of public service" following "general services" and "clean burning" preceding "alternative fuels".

Amendments--1997 (Adj. Sess.). Subsec. (d): Added the second sentence.

Amendments--1995 (Adj. Sess.) Act No. 148 substituted "commissioner of buildings and general services" for "commissioner of general services" wherever it appeared in the section.

Act No. 183 deleted "and" following "implemented" and inserted "and (11) the use of railroads and the increased revenues returning to the state from its railroad leasing program" following "state" in the first sentence of subsec. (b).

Amendments--1991 (Adj. Sess.). Subsec. (b): Made minor changes in punctuation and added items (8)-(10) in the first sentence.

Subsec. (g): Added.

Amendments--1991. Subsec. (f): Added.

Amendments--1989 (Adj. Sess.). Subsec. (b): Added the second and third sentences.

Amendments--1987 (Adj. Sess.). Act No. 243 substituted "commissioner of general services" for "purchasing director" throughout subsec. (a), following "chapter, the" in subsec. (b), preceding "shall record" in the first sentence of subsec. (c) and at the beginning of the first sentence of subsec. (d) and for "director of purchasing" following "year, the" in the fourth sentence of that subsec.

Act No. 281 added subsec. (e).

Amendments--1987. Subsec. (b): Substituted "any" for "his" preceding "determination" and added "(6) use of recycled materials or products (7) minimizing the creation, by the state, of solid waste" following "bidder".

Subsec. (d): Added.

Amendments--1966. Section amended generally.

Prior law. 29 V.S.A. § 953.

Cross References

Cross references. Requirements for obtaining license or governmental contract, see 32 V.S.A. § 3113.

State Agency Energy Plan, see 3 V.S.A. § 2291.

§ 903a. Alternative purchasing sources.

As an alternative to the procedures set forth in section 903 of this title, the Commissioner may elect to purchase any of the items mentioned in this chapter through a program established by the federal General Services Administration to supply federal agencies with supplies and materials, or may choose to participate in cooperative purchases with other states, provided that the Commissioner first determines that purchasing through the General Services Administration or cooperative agreements with other states is in the best interests of the State as provided in subsection 903(b) of this title.

Added 1995, No. 178 (Adj. Sess.), § 298.

§ 904. Surplus property; acceptance and distribution.

The Commissioner of Buildings and General Services or the Commissioner's designee, as approved by the Secretary of Administration may apply for and accept in the name of the State all federal surplus property and commodities, including food commodities formerly acquired by the Department of Education under former 16 V.S.A. § 205 or the Department of Institutions, under 1945 Acts and Resolves No. 4, as may be made available to the State, municipalities, and nonprofit private schools by the federal government or any agency thereof. The Commissioner or designee may distribute that property to such State departments, institutions and agencies, municipalities, and nonprofit private schools as may be entitled thereto.

Added 1959, No. 328 (Adj. Sess.), § 13; amended 1961, No. 31 , § 2; 1991, No. 245 (Adj. Sess.), § 19; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

2019. In the first sentence, deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

Reference in text. Former 16 V.S.A. § 205, referred to in the first sentence, authorized the commissioner of education to receive and distribute farm commodities donated to the state by federal agencies. It was repealed by 1961, No. 31 , § 3.

The department of institutions, referred to in the first sentence, was renamed the department of corrections by 1967, No. 106 , § 1.

No. 4 of the Acts of 1945, referred to in the first sentence, authorized the commissioner of public welfare to receive and distribute farm commodities donated to the state by federal agencies.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in the first sentence.

Amendments--1991 (Adj. Sess.). Substituted "commissioner of general services or the commissioner's designee, as approved by the secretary of administration" for "purchasing director" preceding "may apply" in the first sentence, and "the commissioner or designee" for "he" preceding "may distribute" in the second sentence.

Amendments--1961. Section amended generally.

Prior law. 29 V.S.A. § 954.

Cross References

Cross references. Surplus property generally, see § 1551 et seq. of this title.

§ 905. Centralized purchasing of school equipment and supplies.

  1. The Commissioner of Buildings and General Services and the Secretary of Education, or their designees, shall develop and promote a program of centralized purchasing of equipment and supplies for public schools in Vermont, by which purchases may be combined in order to obtain volume purchasing discounts and other purchasing benefits.
  2. Establishment of a revolving fund is authorized for the purposes of this section to be administered by the Commissioner of Buildings and General Services. All expenses of the program shall be paid out of the revolving fund. Costs shall be prorated according to rules established by the Commissioner of Buildings and General Services, and charged to users of the program. At his or her discretion, the Commissioner of Finance and Management may anticipate receipts to be paid into the fund based upon assurances from participants in the program and may issue warrants thereon for the purposes of this section.

    Added 1987, No. 14 , § 1, eff. April 21, 1987; amended 1987, No. 243 (Adj. Sess.), § 36, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2013, No. 92 (Adj. Sess.), § 282, eff. Feb. 14, 2014.

History

Revision note. Substituted "commissioner of finance and management" for "commissioner of finance and information support" in the fourth sentence of subsec. (b) in light of Executive Order No. 35-87, which provided for the abolition of the division of purchasing, designation of the exempt position of director of purchasing as the commissioner of general services and transfer of the duties of the former director of purchasing to the commissioner of general services as established by the order, and which provided for the abolition of the department of finance and information support and the transfer of the duties, responsibilities and authority of the commissioner of that entity to the commissioner of the department of finance and management as established by the order. By its own terms, Executive Order No. 35-87 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix. Executive Order No. 35-87, which this note refers to, was revoked and rescinded by E.O. 06-05 (No. 3-46), eff. Sept. 13, 2005.

Amendments--2014. Subsec. (a): Substituted "Commissioner of Buildings and General Services and the Secretary of Education" for "commissioner of buildings and general services and the commissioner of education".

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in subsec. (a) and in the first sentence of subsec. (b).

Amendments--1987 (Adj. Sess.). Substituted "commissioner of general services" for "director of purchasing" at the beginning of subsec. (a) and in the first and third sentences of subsec. (b).

Former § 905, relating to acceptance and distribution of federal surplus property, was derived from 1959, No. 328 (Adj. Sess.), § 13. The subject matter is now covered by § 904 of this title.

§ 906. Stationery and office supplies.

  1. The Commissioner of Buildings and General Services shall manage a supply program in order to ensure the disbursal of equipment for use by State government, including fleet vehicles, office supplies, stationery, record books, and forms purchased by the State. The Commissioner shall disburse them upon requisition to all State departments, institutions and, within limits approved by the Commissioner of Finance and Management, to county officers whose compensation and expenses are paid by the State or any institution of higher education chartered in Vermont and accredited or holding a certificate of approval from the State Board of Education. The form of the requisition shall be prescribed by the Commissioner of Buildings and General Services.
  2. The Commissioner shall keep an accurate account of all the property and services mentioned in this section and of its distribution, and shall annually render an account to the Commissioner of Finance and Management of the distribution of those supplies and services rendered for the preceding 12 months and an inventory of all supplies on hand, in such manner and form as shall be approved by the Commissioner of Finance and Management.
  3. The Commissioner shall also maintain a central duplicating section to provide duplicating services for State departments, institutions, and county officers whose compensation and expenses are paid by the State, and supply postal services to all State offices and officers located in central Vermont and in other locations when feasible as determined by the Commissioner.
  4. [Repealed.]
  5. All operating expenses and services of the central supply section and central duplicating section shall be paid out of a revolving fund insofar as possible. The Commissioner of Buildings and General Services, with the approval of the Commissioner of Finance and Management, may assess charges for supplies, equipment, and services, which the Commissioner of Finance and Management shall charge back to appropriations for the various departments all items mentioned under this section, and credit like amounts to the revolving fund.

    Added 1959, No. 328 (Adj. Sess.), § 13; amended 1967, No. 148 , § 1; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 243 (Adj. Sess.), § 39, eff. June 13, 1988; 1991, No. 87 , § 4; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2003, No. 121 (Adj. Sess.), § 43, eff. June 8, 2004; 2007, No. 65 , § 285.

History

2019. In subsec. (a), deleted "but not limited to" following "including" in accordance with 2013, No. 5 , § 4.

References to "finance director" changed to "commissioner of finance" to conform references to new title and reorganization of state government pursuant to 1971, No. 92 .

Amendments--2007. Subsec. (d): Repealed.

Amendments--2003 (Adj. Sess.). Subsec. (a): Substituted "manage a supply program in order to ensure the disbursal of equipment for use by state government, including but not limited to fleet vehicles" for "maintain a central stores section in which to keep" and deleted "equipment" following "supplies" in the first sentence.

Subsec. (c): Substituted "central Vermont and in other locations when feasible as determined by the commissioner" for "the Montpelier or Waterbury areas, within limits approved by the commissioner of finance and management".

Subsec. (e): Substituted "supply" for "stores" preceding "section" in the first sentence.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in the first and third sentences of subsec. (a) and in subsecs. (d) and (e).

Amendments--1991. Subsec. (a): Inserted "or any institution of higher education chartered in Vermont and accredited or holding a certificate of approval from the state board of education" following "by the state" in the second sentence.

Amendments--1987 (Adj. Sess.). Section amended generally.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" wherever it appeared.

Amendments--1967. Subsec. (a): Amended generally.

Subsec. (b): Substituted "he" for "the purchasing director" preceding "shall keep" and inserted "and services" preceding "mentioned" and "and services rendered" preceding "for the preceding".

Subsec. (c): Added.

Subsec. (d): Added.

Prior law. 29 V.S.A. § 956.

§ 907. Manner of payment of bills for purchases.

  1. The Commissioner of Buildings and General Services shall furnish to suppliers at the expense of the State the forms for all proposals and contracts. The Commissioner shall make all contracts in duplicate and shall forward forthwith one copy to the Commissioner of Finance and Management. An item of expense for any article mentioned in this chapter shall not be allowed by the Commissioner of Finance and Management in the settlement of any account except when the purchase of the article is authorized and approved by the Commissioner of Buildings and General Services.
  2. The Commissioner of Buildings and General Services may establish a purchasing card program for the purpose of authorizing all spending units of the State to use a purchasing card as an alternative payment method for official State purchases. The Commissioner may contract with one or more financial institutions, card-issuing banks, credit card companies, charge card companies, debit card companies, or third-party merchant banks to provide State purchasing cards. The Commissioner may accept receipts from the purchasing card program. The Commissioner is authorized to establish policies for participation in the program and use of the purchasing card.

    Added 1959, No. 328 (Adj. Sess.), § 13; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2003, No. 63 , § 25, eff. June 11, 2003; 2005, No. 147 (Adj. Sess.), § 30, eff. May 15, 2006.

History

Revision note. Substituted "commissioner of finance and management" for "commissioner of finance and information support" in light of Executive Order No. 35-87. See note set out below. Executive Order No. 35-87, which this note refers to, was revoked and rescinded by E.O. 06-05 (No. 3-46), eff. Sept. 13, 2005.

References to "finance director" changed to "commissioner of finance" to conform references to new title and reorganization of state government pursuant to 1971, No. 92 .

Amendments--2005 (Adj. Sess.). Subsec. (b): Added the third sentence.

Amendments--2003. Designated former undesignated paragraph as present subsec. (a), substituted "The commissioner" for "He" in the second sentence, and added subsec. (b).

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in the first and third sentences.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "commissioner of finance" wherever it appeared.

Prior law. 29 V.S.A. § 957.

Abolition of department of finance and information support; transfer of duties and personnel. Executive Order No. 35-87 provided for the abolition of the department of finance and information support and the transfer of all of the duties, responsibilities and authority of that entity to the department of finance and management as established by the order; however, duties of the department of finance and information support relating to data processing are transferred to the department of general services as established by the order. Executive Order No. 35-87, which this note refers to, was revoked and rescinded by E.O. 06-05 (No. 3-46), eff. Sept. 13, 2005.

Transfer of functions. Executive Order No. 35-87 further provided for the redesignation of the position of commissioner of the department of finance and information support as the commissioner of finance and management and the redesignation of the position of deputy commissioner of the department of finance and information support as the deputy commissioner of the department of general services.

By its own terms, Executive Order No. 35-87 shall take effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35, see chapter 3 of Title 3 Appendix. Executive Order No. 35-87, which this note refers to, was revoked and rescinded by E.O. 06-05 (No. 3-46), eff. Sept. 13, 2005.

§ 908. Price-fixing illegal; penalty.

Every contract, combination, or conspiracy, providing for the establishment or maintenance of minimum prices in the sale of any commodity to the State or any municipality or agency thereof, between manufacturers, producers, wholesalers, factors, retailers, or persons, firms, or corporations in competition with each other is hereby declared illegal. A person who makes such a contract or engages in such a combination or conspiracy shall be fined not more than $5,000.00 or be imprisoned not more than one year, or both.

1963, No. 149 .

History

Prior law. 29 V.S.A. § 958.

§ 909. State purchase of food and agricultural products.

  1. When procuring food and agricultural products for the State, its agencies, departments, instrumentalities, and institutions, the Commissioner of Buildings and General Services shall consider the interests of the State relating to the proximity of the supplier and the costs of transportation, and relating to the economy of the State and the need to maintain and create jobs in the State.
  2. When making purchases pursuant to this section, the Secretary of Administration, the Commissioner of Buildings and General Services, and any State-funded institutions shall, other considerations being equal and considering the results of any econometric analysis conducted, purchase products grown or produced in Vermont when available.

    Added 2011, No. 52 , § 72, eff. May 27, 2011.

Subchapter 2. State Purchasing of Apparel, Footwear, or Textiles

§ 921. Application of subchapter; definitions.

  1. This subchapter applies to competitive bids for sale of apparel, footwear, or textiles pursuant to subchapter 1 of this chapter.
  2. As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings:
    1. "Commissioner" means the Commissioner of Buildings and General Services.
    2. "Independent monitor" means a nonprofit organization that is neither funded nor controlled, in whole or in part, by businesses that sell or manufacture apparel, footwear, or textiles.

      Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

§ 922. Bids for the sale of apparel, footwear, or textiles.

  1. The Commissioner shall require that a bidder for the sale of apparel, footwear, or textiles provide certification from each supplier that the supplier at the point of assembly of the goods:
    1. complies with all applicable wage, health, labor, environmental, and safety laws, legal guarantees of freedom of association, building and fire codes, and laws relating to discrimination in hiring, promotion, and compensation on the basis of race, disability, national origin, gender, sexual orientation, and affiliation with any political, nongovernmental, and civic group except when federal law precludes the State from attaching the procurement conditions provided in this subchapter; and
    2. complies with all human and labor rights treaty obligations that are shared by the United States and the country in which the goods are assembled, including obligations with regard to forced labor, indentured labor, slave labor, child labor, involuntary prison labor, physical and sexual abuse, and freedom of association.
  2. Prior to the awarding of a contract, a bidder for the sale of apparel, footwear, or textiles shall submit a list of the names and addresses of suppliers at the point of assembly of goods subject to the bid process.
  3. If, after complying with the filing requirements of this section, a bidder is awarded a contract, that contractor shall, during the term of the contract, promptly inform the Commissioner of any change in the information furnished to the Commissioner pursuant to this section.

    Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

§ 923. Exception.

The Commissioner may accept a bid from and award a contract to a supplier who has not met the requirements provided in section 922 of this title if, after reasonable investigation by the Commissioner, it appears that the required unit or item of supply or brand of that unit or item is procurable by the State from only that supplier or under other extraordinary circumstances. The approval of an exception pursuant to this section shall be documented in writing, signed by the Commissioner, and retained as part of the contract file.

Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

§ 924. Repealed. 2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.

History

Former § 924. Former § 924, relating to report on degree of voluntary compliance of vendors regarding code of conduct for contractors who supply apparel, footwear, or textiles to the State, was derived from 2007, No. 105 (Adj. Sess.), § 3.

§ 925. Complaints of noncompliance with subchapter; investigations of complaints.

  1. The Commissioner shall initiate an investigation to determine whether a violation of this subchapter has occurred if:
    1. The Commissioner has knowledge that a contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter.
    2. The contractor informs the Commissioner that the contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter.
    3. A worker for a contractor or for a supplier at the point of assembly of goods subject to a contract files a written complaint directly with the Commissioner stating that the contractor or supplier, to the best of the worker's knowledge, is not in compliance with this subchapter.
    4. A third party established and based in the United States, on behalf of or on the basis of information from a worker or workers, files directly with the Commissioner a written complaint, signed and dated under oath before an official authorized by applicable law to administer oaths, stating that, to the best of the third party's knowledge, a contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter.
    5. A third party established and based outside the United States, on behalf of or on the basis of information from a worker or workers, files directly with the Commissioner a signed and dated written complaint stating that, to the best of the third party's knowledge, a contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter.
  2. After receiving a complaint alleging noncompliance with this subchapter, the Commissioner shall contact in a timely manner, in writing and by certified letter, the contractor that is the subject of the complaint or whose supplier is the subject of the complaint.

    Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

§ 926. Determinations of noncompliance with subchapter.

  1. In making a determination of whether a violation of this subchapter has occurred, the Commissioner may take into account any factors, information, sources of information, and materials determined reliable and relevant by the Commissioner, as determined on a case-by-case basis. The Commissioner has specific authority and discretion to employ an independent monitor to investigate a complaint.
  2. The determination of whether a party subject to a complaint is in compliance with this subchapter is solely that of the Commissioner.
  3. After rendering a determination under this section, the Commissioner promptly shall inform the complainant and contractor in writing.

    Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

§ 927. Consequences of noncompliance with subchapter.

If, in the opinion of the Commissioner, a contractor that has been determined to be not in compliance with this subchapter does not make good-faith efforts to change its practices or use its bargaining position with an offending supplier to change the supplier's practices, the Commissioner may take appropriate remedial action, including barring the contractor from bidding on future State contracts or terminating the State's contract with the contractor. Reference to the authority given in this section shall be specifically referenced in State contracts with contractors that are subject to this subchapter.

Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

§ 928. Coordination with other jurisdictions.

The Commissioner shall coordinate with other jurisdictions of the United States of America with those jurisdictions' efforts to develop an effective strategy to monitor vendor compliance with the requirements of this subchapter or similar requirements of those jurisdictions.

Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.

CHAPTER 51. PURCHASING

Sec.

§§ 1001-1008. Repealed. 1959, No. 328 (Adj. Sess.), § 35(e).

History

Former § 1001, relating to appointment of a purchasing agent, was derived from V.S. 1947, § 10,569; P.L. § 9065; G.L. § 7478; 1915, No. 1 , § 224; 1912, No. 253 , § 1; P.S. § 6272; 1906, No. 214 , §§ 1, 32; 1898, No. 138 , § 1; V.S. § 5423; 1894, No. 160 , § 1; 1884, No. 160 ; 1882, No. 122 , § 1; R.L. §§ 4556, 4565.

Former § 1002, relating to duties of the purchasing agent, was derived from 1959, No. 213 , § 1; V.S. 1947, § 10,570; 1945, No. 192 , § 1; P.L. § 9066; G.L. §§ 331, 7479; 1912, No. 253 , § 3; P.S. §§ 262, 3774, 5991; 1906, No. 191 , §§ 2, 3; 1906, No. 193 , §§ 1, 2; 1906, No. 195 , § 3; 1904, No. 161 , § 2; V.S. § 196; R.L. § 135; 1878, No. 81 . The subject matter is now covered by § 902 of this title.

Former § 1003, relating to requisitions by departments and institutions, was derived from V.S. 1947, § 10,571; P.L. § 9067; 1923, No. 7 , § 19, par. 8; 1921, No. 249 , § 1; 1919, No. 220 , § 1; G.L. §§ 331, 7480; 1917, No. 254 , § 7253; 1912, No. 253 , § 4; P.S. § 262; V.S. § 196; R.L. § 135; 1878, No. 81 . The subject matter is now covered by § 903 of this title.

Former § 1004, relating to manner of payment of bills for purchases, was derived from V.S. 1947, § 10,572; 1945, No. 193 , § 1; P.L. § 9068; 1923, No. 7 , § 19, par. 3; 1923, No. 7 , § 20; 1921, No. 249 , § 2; 1919, No. 220 , § 2; G.L. § 7481; 1917, No. 252 , § 1. the subject matter is now covered by § 907 of this title.

Former § 1005, relating to form of contracts and proposals, was derived from V.S. 1947, § 10,573; P.L. § 9069; 1921, No. 249 , § 3; 1919, No. 220 , § 3; G.L. § 7483; 1912, No. 253 , § 6.

Former § 1006, relating to inventory by State officers and institutions having State property, was derived from V.S. 1947, § 10,574; 1947, No. 202 , § 10,364; 1941, No. 199 ; P.L. § 9070; 1933, No. 157 , § 8707; 1923, No. 7 , § 29; G.L. §§ 7485, 7486; 1912, No. 253 , §§ 8, 9; P.S. § 6273; 1906, No. 214 , § 2; V.S. § 5426; 1894, No. 160 , § 3.

Former § 1007, relating to the biennial report of the purchasing agent, was derived from V.S. 1947, § 10,575; P.L. § 9071; 1933, No. 157 , § 8708; G.L. § 7486; 1912, No. 253 , § 9.

Former § 1008, relating to application of chapter, was derived from V.S. 1947, § 10,576; P.L. § 9072; 1919, No. 202 , § 2; G.L. § 7487; 1912, No. 253 , § 11.

CHAPTER 53. PUBLIC PRINTING

Subchapter 1. Printing

§ 1101. Public documents defined.

The words "public documents," as used in this chapter, shall include the acts and resolves and journals of the General Assembly, the reports of State officers or of any commission, board, or person authorized by law to make reports.

Amended 1969, No. 289 (Adj. Sess.), § 7.

History

Source. V.S. 1947, § 10,577. 1947, No. 202 , § 10,367. P.L. § 9073. G.L. § 7488. P.S. § 6274. 1906, No. 214 , § 18.

Amendments--1969. Deleted "the supreme court reports" following "include".

§ 1102. Repealed. 1987, No. 243 (Adj. Sess.), § 41(1), eff. June 13, 1988.

History

Former § 1102, relating to regulations on printing, binding, sale, and distribution of public documents, was derived from V.S. 1947, § 10,597; 1947, No. 202 , § 10,385; P.L. § 9096; 1925, No. 140 ; 1919, No. 223 , § 1 and amended by 1961, No. 30 , § 1.

§ 1103. Printing of reports and bulletins.

The Commissioner of Buildings and General Services, after consultation with the State officers and boards, shall cause to be printed such number of their respective bulletins and reports, in such manner and form, as in his or her judgment the best interests of the State require.

Amended 1961, No. 30 , § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Source. V.S. 1947, § 10,579. P.L. § 9075. G.L. § 7490. 1917, No. 32 , § 9. 1915, No. 235 . 1912, No. 253 , § 10. P.S. § 6275. 1906, No. 214 , § 3. 1898, No. 138 , § 4. V.S. § 5432. 1894, No. 160 , § 9. R.L. § 4557. 1880, No. 139 , § 2. 1878, No. 126 , § 2. 1876, No. 29 , § 2.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of state buildings and general services" for "commissioner of general services".

Amendments--1961. Substituted "director" for "agent" following "purchasing".

§ 1104. Repealed. 1987, No. 243 (Adj. Sess.), § 41(2), eff. June 13, 1988.

History

Former § 1104, relating to required authorization, was derived from V.S. 1947, § 10,578; 1947, No. 202 , § 10,368; P.L. § 9074; 1933, No. 160 , § 1; G.L. § 7489; 1917, No. 32 , § 9 and 1915, No. 235 .

§ 1105. Repealed. 1987, No. 243 (Adj. Sess.), § 41(3), eff. June 13, 1988.

History

Former § 1105, relating to apportioning expense of printing, was derived from V.S. 1947, § 10,580; 1947, No. 202 , § 10,370; P.L. § 9076 and 1933, No. 159 .

§ 1106. Contracts for printing.

The Commissioner of Buildings and General Services may make contracts for printing the public documents, Senate and House bills, printing needed by the Secretary of the Senate and the Clerk of the House for their respective houses, legislative directories, and such other printing and binding as may be authorized by law or the interests of the State require, excepting contracts for printing court dockets.

Amended 1961, No. 30 , § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Source. V.S. 1947, § 10,581. 1947, No. 202 , § 10,371. P.L. § 9077. G.L. § 7491. 1915, No. 237 . 1912, No. 253 , § 10. P.S. § 6276. 1906, No. 214 , § 1.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services".

Amendments--1961. Substituted "director" for "agent" following "purchasing".

§ 1107. Bids.

The Commissioner of Buildings and General Services shall make contracts for all State printing by advertisement and bid or letters of inquiry, unless otherwise provided. He or she may reject any and all bids and readvertise or with the approval of the Governor let such contract without further advertisement.

Amended 1961, No. 30 , § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Source. V.S. 1947, § 10,582. P.L. § 9078. 1933, No. 157 , § 8714. 1921, No. 250 , § 1. G.L. § 7492. 1917, No. 160 , § 2. 1917, No. 254 , § 7265. 1915, No. 1 , § 186. 1912, No. 33 , § 3. P.S. §§ 6277, 6278. 1906, No. 214 , § 4. 1898, No. 138 , § 2. V.S. §§ 5424, 5425. 1894, No. 160 , § 2. 1892, No. 102 , § 1. 1882, No. 122 , §§ 2, 4. R.L. § 4556. 1880, No. 139 , §§ 1, 10. 1878, No. 126 , §§ 1, 11. 1876, No. 29 , §§ 1, 3. 1876, No. 30 . 1870, No. 88 . 1867, No. 61 . 1866, No. 64 . G.S. 5, § 6. R.S. 5, § 3. 1827, No. 29 . 1821, p. 96. 1816, p. 92.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in the first sentence.

Amendments--1961. Substituted "director" for "agent" following "purchasing" in the first sentence.

§ 1108. Acceptance or rejection of bids; conditions of contracts.

The Commissioner of Buildings and General Services may require satisfactory bonds from bidders and contractors.

Amended 1961, No. 30 , § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2021, No. 66 , § 6, eff. June 7, 2021.

History

Source. V.S. 1947, § 10,584. P.L. § 9080. G.L. § 7493. 1912, No. 253 , § 10. P.S. § 6278. 1906, No. 214 , § 4.

Revision note. References to "custodian of public documents" changed to "state librarian" to conform references to new title and reorganization of state government pursuant to 1969, No. 226 (Adj. Sess.). See 22 V.S.A. § 601 et seq.

Amendments--2021. Section amended generally.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in the first sentence.

Amendments--1961. Substituted "director" for "agent" following "purchasing" in the first sentence.

§ 1109. Repealed. 1987, No. 243 (Adj. Sess.), § 41(4), eff. June 13, 1988.

History

Former § 1109, relating to delivery of printing, was derived from V.S. 1947, § 10,591; P.L. § 9087; G.L. § 7501; 1915, No. 1 , § 189; P.S. § 6285; 1906, No. 214 , § 11; V.S. § 5428; 1894, No. 160 , § 5; 1892, No. 102 , § 2; 1888, No. 152 , § 5; R.L. § 4561; 1880, No. 139 , § 6; G.S. 5, § 6 and R.S. 5, § 6.

§ 1110. Repealed. 1987, No. 243 (Adj. Sess.), § 41(5), eff. June 13, 1988.

History

Former § 1110, relating to time for furnishing and delivery of copy, was derived from V.S. 1947, § 10,586; P.L. § 9082; 1933, No. 157 , § 8718; 1919, No. 221 , § 1; G.L. § 7497; 1917, No. 254 , § 7270; 1915, No. 1 , § 187; 1910, No. 248 ; 1910, No. 249 , § 1; P.S. § 6281; 1906, No. 214 , § 7; 1898, No. 138 , § 3; V.S. §§ 265, 5427; 1894, No. 160 , § 4; 1892, No. 102 , § 1; 1888, No. 152 , §§ 2, 3, 4; R.L. §§ 183, 4560, 4567; 1880, No. 139 , § 5; 1878, No. 126 , § 7; 1876, No. 29 , § 8; 1870, No. 4 , § 1; 1867, No. 61 , § 4; G.S. 9, § 1; G.S. 5, § 2; 1842, No. 2 , § 1; R.S. 5, § 2; and 1816, p. 92.

§ 1111. Stationery, forms, and supplies.

The Commissioner of Buildings and General Services shall procure and cause to be printed and distributed all office stationery and shall purchase and cause to be distributed all office supplies required by the General Assembly, the several State officers, departments, institutions, boards, and commissions, and such blank complaints, forms, and record books as are necessary.

Amended 1961, No. 30 , § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Source. V.S. 1947, § 10,583. P.L. § 9079. 1933, No. 157 , § 8715. 1921, No. 250 , § 1. G.L. §§ 7492, 7494, 7495. 1917, No. 160 , § 2. 1917, No. 254 , § 7265. 1915, No. 1 , § 186. 1912, No. 33 , § 3. 1912, No. 253 , § 10. 1910, No. 91 , §§ 12, 13. P.S. §§ 6277, 6278, 6279. 1906, No. 214 , §§ 4, 5. 1898, No. 138 , § 2. V.S. §§ 5424, 5425, 5436. 1894, No. 160 , §§ 2, 13. 1892, No. 102 , § 1. 1882, No. 122 , §§ 2, 4. R.L. §§ 4556, 4565. 1880, No. 139 , §§ 1, 10. 1878, No. 126 , §§ 1, 11. 1876, No. 29 , §§ 1, 3. 1876, No. 30 . 1870, No. 88 . 1867, No. 61 . 1866, No. 64 . G.S. 5, § 6. R.S. 5, § 3. 1827, No. 29 . 1821, p. 96. 1816, p. 92.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services".

Amendments--1961. Substituted "director" for "agent" following "purchasing".

§ 1112. Repealed. 1987, No. 243 (Adj. Sess.), § 41(6), eff. June 13, 1988.

History

Former § 1112, relating to message of Governor, was derived from V.S. 1947, § 10,585; 1941, No. 200 ; P.L. § 9081; G.L. § 7496; P.S. § 6280; 1906, No. 214 , § 6; 1898, No. 138 , § 2; V.S. § 5424; 1894, No. 160 , § 2; R.L. § 4556 and 1880, No. 139 , § 1.

§ 1113. Journals of the Joint Assembly, Senate, and House of Representatives.

The Secretary of the Joint Assembly, the Secretary of the Senate, and the Clerk of the House of Representatives, within 60 days after the close of each session of the General Assembly, shall furnish a certified copy of the original journals of their respective houses to the printer designated by the Commissioner of Buildings and General Services, and within 30 days after the receipt from the printer of the last paged copy shall compile a proper index of the journals of their respective houses and furnish the same to the printer, and shall superintend the publication of their respective journals. The journal of the Joint Assembly shall be bound with the Journal of the Senate.

Amended 1961, No. 30 , § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Source. V.S. 1947, § 10,587. P.L. § 9083. 1933, No. 157 , § 8719. 1919, No. 221 , § 1. G.L. § 7497. 1917, No. 254 , § 7270. 1915, No. 1 , § 187. 1910, No. 248 . 1910, No. 249 , § 1. P.S. § 6281. 1906, No. 214 , § 7. 1898, No. 138 , § 3. V.S. §§ 265, 5427. 1894, No. 160 , § 4. 1892, No. 102 , § 1. 1888, No. 152 , §§ 2, 3, 4. R.L. §§ 183, 4560, 4567. 1880, No. 139 , § 5. 1878, No. 126 , § 7. 1876, No. 29 , § 8. 1870, No. 4 , § 1. 1867, No. 61 , § 4. G.S. 9, § 1. G.S. 5, § 2. 1842, No. 2 , § 1. R.S. 5, § 2. 1816, p. 92.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in the first sentence.

Amendments--1961. Substituted "director" for "agent" following "purchasing" in the first sentence.

Cross References

Cross references. Distribution of journals, see § 1160 of this title.

Printing and distribution of daily journals, see 2 V.S.A. § 16.

§§ 1114 Repealed. 2021, No. 53, § 8(3).

History

Former § 1114. Former § 1114, relating to disposition of original journal, was derived from V.S. 1947, § 10,588; P.L. § 9084; 1933, No. 157 , § 8720; 1919, No. 221 , § 1; G.L. § 7497; 1917, No. 254 , § 7270; 1915, No. 1 , § 187; 1910, No. 248 ; 1910, No. 249 , § 1; P.S. § 6281; 1906, No. 214 , § 7; 1898, No. 138 , § 3; V.S. §§ 265, 5427; 1894, No. 160 , § 4; 1892, No. 102 , § 1; 1888, No. 152 , §§ 2, 3, 4; R.L. §§ 183, 4560, 4567; 1880, No. 139 , § 5; 1878, No. 126 , § 7; 1876, No. 29 , § 8; 1870, No. 4 , § 1; 1867, No. 61 , § 4; G.S. 9, § 1; G.S. 5, § 2; 1842, No. 2 , § 1; R.S. 5, § 2; and 1816, p. 92.

§ 1115. Repealed. 2021, No. 53, § 8(4).

History

Former § 1115. Former § 1115, relating to printing and distribution of the Acts and Resolves of the General Assembly, was derived from V.S. 1947, § 10,589; P.L. § 9085; 1933, No. 157 , § 8721; 1919, No. 221 , § 1; G.L. § 7497; 1917, No. 254 , § 7270; 1915, No. 1 , § 187; 1910, No. 248 ; 1910, No. 249 , § 1; P.S. § 6281; 1906, No. 214 , § 7; 1898, No. 138 , § 3; V.S. §§ 265, 5427; 1894, No. 160 , § 4. 1892, No. 102 , § 1; 1888, No. 152 , §§ 2, 3, 4; R.L. §§ 183, 4560, 4567; 1880, No. 139 , § 5; 1878, No. 126 , § 7; 1876, No. 29 , § 8; 1870, No. 4 , § 1; 1867, No. 61 , § 4; G.S. 9, § 1; G.S. 5, § 2; 1842, No. 2 , § 1; R.S. 5, § 2; 1816, p. 92 and amended by 1961, No. 30 , § 1; 1987, No. 243 (Adj. Sess.), § 42; and 1995, No. 148 (Adj. Sess.), § 4(a).

§ 1116. Repealed. 2021, No. 53, § 8(5).

History

Former § 1116. Former § 1116, relating to distribution of public acts by the Secretary of State, was derived from 1951, No. 238 ; V.S. 1947, § 10,608; 1943, No. 158 , § 1; P.L. § 9109; 1923, No. 152 , § 1; G.L. § 7522; 1917, No. 254 , § 7295; P.S. § 6306; 1906, No. 214 , § 28; V.S. § 5451; 1894, No. 164 , § 1; 1892, No. 101 , § 3; 1890, No. 81 , § 1; R.L. § 4583; 1868, No. 56 ; G.S. 5, §§ 14-16; R.S. 5, §§ 11-13; 1826, No. 48 and amended by 1961, No. 30 , § 1; and 1983, No. 225 (Adj. Sess.).

§ 1117. Repealed. 1987, No. 243 (Adj. Sess.), § 41(7), eff. June 13, 1988.

History

Former § 1117, relating to failure of officer to furnish copy, was derived from V.S. 1947, § 10,590; P.L. § 9086; 1921, No. 250 , § 2; G.L. § 7498; 1917, No. 254 , § 7271; P.S. § 6282; 1906, No. 214 , § 8; V.S. § 5429; 1894, No. 160 , § 6; 1892, No. 102 , § 2 and amended by 1961, No. 30 , § 1, eff. March 17, 1961 and 1983, No. 195 (Adj. Sess.), § 5(b).

Subchapter 2. Division of Documents

§ 1151. Repealed. 1969, No. 226 (Adj. Sess.), § 18, eff. March 31, 1970.

History

Former § 1151, relating to establishment of the Division and appointment of the custodian of public documents, was derived from V.S. 1947, § 10,592; 1947, No. 202 , § 10,380; P.L. § 9088; G.L. § 7052; P.S. § 6286; 1906, No. 214 , § 12.

§ 1152. Repealed. 2017, No. 100 (Adj. Sess.), § 3.

History

Former § 1152. Former § 1152, relating to copies of reports, was derived from V.S. 1947, § 10,593; 1947, No. 202 , § 10,381; P.L. § 9090; G.L. § 7508; 1912, No. 253 , § 10; P.S. § 6292; 1906, No. 214 , § 17 and amended by 1961, No 30, § 1, 1969, No. 226 (Adj. Sess.), § 5 and 1987, No. 243 (Adj. Sess.), § 43

§ 1153. Repealed. 1975, No. 246 (Adj. Sess.), § 3.

History

Former § 1153, relating to legislative directory, was derived from V.S. 1947, § 10,594; 1947, No. 200 , § 1; P.L. § 9091; 1921, No. 251 , § 1; 1919, No. 222 , § 1; G.L. § 7499; 1917, No. 254 , § 7272; 1915, No. 1 , § 188; 1915, No. 236 ; P.S. § 6283; 1906, No. 214 , § 9; 1904, No. 50 , § 3; V.S. § 5434; 1894, No. 160 , § 11; 1884, No. 157 ; R.L. § 4570; 1876, No. 30 , § 2; 1866, No. 64 , § 2 and amended by 1969, No. 207 (Adj. Sess.), § 11; No. 226 (Adj. Sess.), § 6. The subject matter is now covered by § 1153a of this title.

§§ 1153a Repealed. 2021, No. 53, § 8(6).

History

Former § 1153a. Former § 1153a, relating to the legislative directory, was derived from 1975, No. 246 (Adj. Sess.), § 1 and amended by 1981, No. 108 , § 326; 1987, No. 243 (Adj. Sess.), § 44; and 2019, No. 131 (Adj. Sess.), § 287.

§ 1154. Repealed. 2021, No. 53, § 8(7).

History

Former § 1154. Former § 1154, relating to distribution of the legislative directory, was derived from 1957, No. 25 ; V.S. 1947, § 10,595; 1947, No. 202 , § 10,383; P.L. § 9092; G.L. § 7500; P.S. § 6284; 1906, No. 214 , § 10 and amended by 1969, No. 226 (Adj. Sess.), § 7.

§ 1155. Repealed. 1997, No. 2, § 76, eff. Feb. 12, 1997.

History

Former § 1155, relating to annual reports of state librarian, was derived from 1906, No. 214 , § 14; 1912, No. 253 , § 10; P.S. § 6289; V.S. 1947, § 10,596; P.L. § 9095; G.L. § 7505; 1961, No. 30 , § 1; 1969, No. 226 (Adj. Sess.), § 8; 1995, No. 148 (Adj. Sess.), § 4(a).

§§ 1156 Repealed. 2021, No. 53, § 8(8); 2021, No. 66, § 7(2).

History

Former § 1156. Former § 1156, relating to distribution of documents by State Librarian, was derived from V.S. 1947, § 10,598; 1947, No. 202 , § 10,386; P.L. § 9097; G.L. § 7509; P.S. § 6293; 1906, No. 214 , §§ 17, 18; 1898, No. 138 , § 10; V.S. § 5443; 1894, No. 160 , § 20; R.L. § 4575; 1864, No. 7 ; G.S. 5, §§ 9, 12, 13; 1841, No. 82 ; R.S. 5, §§ 8, 10 and amended by 1969, No. 226 (Adj. Sess.), § 9.

§ 1157. Repealed. 2021, No. 53, § 8(9).

History

Former § 1157. Former § 1157, relating to copies for State officers, was derived from V.S. 1947, § 10,599; P.L. § 9098; G.L. § 7510; P.S. § 6294; 1906, No. 214 , § 18 and amended by 1969, No. 226 (Adj. Sess.), § 10.

§ 1158. Repealed. 2021, No. 53, § 8(10).

History

Former § 1158. Former § 1158, relating to distribution of Acts and Resolves and Vermont Statutes Annotated, was derived from V.S. 1947, § 10,600; 1947, No. 202 , § 10,388; P.L. § 9099; G.L. § 7512; 1917, No. 253 , § 3; 1915, No. 1 , § 191; P.S. § 6296; 1906, No. 214 , § 18; 1904, No. 58 , § 4; V.S. § 5440; 1894, No. 160 , § 17; 1890, No. 157 ; R.L. § 4572; G.S. 5, §§ 9, 10, 11; 1858, No. 54 ; 1851, No. 36 ; 1850, No. 57 ; 1846, No. 54 ; R.S. 5, §§ 8, 9; 1831, No. 29 ; 1822, p. 31; 1820, p. 36, 46; 1818, p. 107; R. 1797, p. 386 and amended by 1959, No. 262 , § 36; 1961, No. 30 , § 107; 1969, No. 52 , § 107; 1969, No. 226 (Adj. Sess.), § 11; 1971, No. 162 (Adj. Sess.), § 2; 1973, No. 193 (Adj. Sess.), § 3; 1995, No. 109 (Adj. Sess.), § 3; 1995, No. 148 (Adj. Sess.), § 4(a); 1997, No. 59 , § 17; 2009, No. 154 (Adj. Sess.), § 187; 2017, No. 74 , § 120; and 2019, No. 131 (Adj. Sess.), § 288.

§ 1159. Repealed. 2021, No. 53, § 8(11).

History

Former § 1159. Former § 1159, relating to sale of the Acts and Resolves, was derived from V.S. 1947, § 10,601; 1947, No. 202 , § 10,389; P.L. § 9100; G.L. § 7513; 1912, No. 253 , § 10; P.S. § 6297. 1906, No. 214 , § 19 and amended by 1961, No. 30 , § 1; 1969, No. 226 (Adj. Sess.), § 12; 1995, No. 148 (Adj. Sess.), § 4(a); and 1997, No. 59 , § 18.

§ 1160. Repealed. 2021, No. 53, § 8(12).

History

Former § 1160. Former § 1160, relating to journals and calendars of the Senate and House of Representatives, was derived from V.S. 1947, § 10,602; 1947, No. 202 , § 10,390; P.L. § 9101; G.L. § 7514; 1917, No. 254 , § 7287; 1915, No. 1 , § 192; P.S. § 6298; 1906, No. 214 , § 20; 1904, No. 58 , § 4; 1898, No. 138 , § 8; V.S. § 5441; 1894, No. 160 , § 18; R.L. § 4573; G.S. 5, § 12; 1846, No. 54 ; R.S. 5, § 10 and amended by 1997, No. 62 , § 53; 1997, No. 148 (Adj. Sess.), § 75; 1999, No. 29 , § 64; 2001, No. 11 , § 58; and 2019, No. 144 (Adj. Sess.), § 29.

§ 1161. Repealed. 2021, No. 53, § 8(13); 2021, and No. 66, § 7(3).

History

Former § 1161. Former § 1161, relating to distribution of State publications to schools, was derived from V.S. 1947, § 10,603; 1947, No. 202 , § 10,391; P.L. § 9104; G.L. § 7517; P.S. § 6301; 1906, No. 214 , § 23; 1904, No. 50 , § 2 and amended by 1969, No. 226 (Adj. Sess.), § 13.

§ 1162. Repealed. 2021, No. 53, § 8(14).

History

Former § 1162. Former § 1162, relating to the distribution of State publications to town and city clerks, was derived from V.S. 1947, § 10,604; 1947, No. 202 , § 10,392; P.L. § 9105; G.L. § 7518; P.S. § 6302; 1906, No. 214 , § 24; 1902, No. 153 , § 10; V.S. § 5445; 1894, No. 160 , § 22; R.L. § 4577; G.S. 5, § 8; 1851, No. 37 , § 2 and amended by 1969, No. 226 (Adj. Sess.), § 14.

§ 1163. Repealed. 2021, No. 53, § 8(15).

History

Former § 1163. Former § 1163, relating to distribution to newspapers, was derived from V.S. 1947, § 10,609; 1947, No. 202 , § 10,397; P.L. § 9110; 1933, No. 156 , § 2; G.L. § 7525; P.S. § 6309; 1906, No. 214 , § 31 and amended by 1969, No. 226 (Adj. Sess.), § 15.

Subchapter 3. Vermont Reports

§ 1191. Publication.

The Court Administrator shall contract with an appropriate law book publisher for the editing and printing of the volumes and advance reports of the Vermont Reports.

Amended 1969, No. 52 , § 2, eff. April 10, 1969; 1971, No. 119 , § 1, eff. April 26, 1971.

History

Source. V.S. 1947, § 10,605. 1947, No. 202 , § 10,393. P.L. § 9106. G.L. § 7519. 1917, No. 253 , § 4. 1912, No. 253 , § 10. 1910, No. 250 . P.S. § 6303. 1906, No. 214 , § 25. 1906, No. 215 , § 1. V.S. § 5446. 1894, No. 160 , § 23. 1892, No. 103 . R.L. § 4578. 1878, No. 128 , § 2. 1874, No. 82 . G.S. 8, § 69. 1858, No. 41 , § 1. R.S. 8, § 48. 1837, No. 9 , § 2. 1823, p. 9.

Amendments--1971. Section amended generally.

Amendments--1969. Section amended generally.

Cross References

Cross references. Preparation of Supreme Court decisions for publication, see 4 V.S.A. § 20.

§ 1192. Repealed. 1991, No. 245 (Adj. Sess.), § 94(b).

History

Former § 1192, relating to distribution of Vermont Reports, was derived from 1953, No. 12 , § 1; V.S. 1947, § 10,606; 1947, No. 202 , § 10,394; P.L. § 9107; G.L. § 7520; 1915, No. 1 , § 193, P.S. § 6304, 1906, No. 214 , § 26; 1904, No. 177 , § 1; 1904, No. 58 , § 5; V.S. § 5448; 1894 No. 160, § 25; R.L. § 4580; 1978, No. 128 , § 2; 1874, No. 82 , § 2; 1872, No. 97 ; G.S. 8, §§ 70, 71; 1858, No. 41 ; 1847, No. 32 ; 1846, No. 54 ; 1844, No. 38 ; R.S. 8, § 48; 1839, No. 14 ; 1837 No. 9, § 2; 1834, No. 10 , and amended by 1969 No. 52, § 3; 1969, No. 226 (Adj. Sess.), § 16, and 1971, No. 162 (Adj. Sess.), § 3.

§ 1193. Repealed. 1975, No. 246 (Adj. Sess.), § 3.

History

Former § 1193, relating to sale and exchange of surplus copies, was derived from V.S. 1947, § 10,607; 1947, No. 202 , § 10,395; P.L. § 9108; G.L. § 7521; 1912, No. 253 , § 10; P.S. § 6305; 1906, No. 214 , § 27; V.S. § 5450; 1894, No. 160 , § 27; R.L. § 4582; 1880, No. 145 ; 1878, No. 128 , § 4 and amended by 1961, No. 30 , § 1; 1969, No. 52 , § 4; 1969, No. 226 (Adj. Sess.), § 17; No. 289 (Adj. Sess.), § 8. The subject matter is now covered by § 1193a of this title.

§ 1193a. Sale and exchange of surplus copies.

The surplus volumes of Vermont Reports may be sold, the price to be fixed by the State Librarian.

Added 1975, No. 246 (Adj. Sess.), § 2; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1997, No. 59 , § 19, eff. June 30, 1997.

History

Amendments--1997. Section amended generally.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services".

Subchapter 4. Vermont Key Number Digest

§§ 1231, 1232. Repealed. 1991, No. 144 (Adj. Sess.), § 61, eff. April 22, 1992.

History

Former § 1231, relating to distribution of Vermont Key Number Digest sets, was derived from 1969, No. 52 , § 5, and amended by 1973, No. 193 (Adj. Sess), § 3.

Former § 1232, relating to publication of Vermont Key Number Digest, was derived from 1971, No. 119 § 2.

Editor's note. Act 1991, No. 245 (Adj. Sess.), § 94(b), purported to repeal 29 V.S.A. § 1231; however, this section had been previously repealed by Act 1991, No. 144 (Adj. Sess.), § 61, eff. April 22, 1992.

CHAPTER 55. STATE INSURANCE

Sec.

Cross References

Cross references. Extension of coverage of State's liability insurance, see 23 V.S.A. § 3217.

§ 1401. Purchase of insurance.

The Secretary of Administration shall secure insurance coverage for the benefit of the State and its employees while performing official duties, in fire and casualty companies authorized to do business in this State in such amounts and such coverages as deemed for the best interests of the State. Insurance policies covering the State shall provide that loss, if any, shall be payable to the State. All policies shall be filed and kept in the office of the Secretary of Administration. The cost of all insurance purchased and the cost of managing such purchases shall be borne by the department or board for whose benefit it is purchased.

Added 1959, No. 328 (Adj. Sess.), § 14; amended 1985, No. 242 (Adj. Sess.), § 306; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2013, No. 50 , § E.101.

History

Amendments--2013 Substituted "Secretary of Administration" for "commissioner of buildings and general services" in the first and second sentences.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in the first and third sentences.

Amendments--1985 (Adj. Sess.). Inserted "and the cost of managing such purchases" preceding "shall be borne" in the last sentence.

ANNOTATIONS

Cited. Miller v. Vermont, 201 F. Supp. 930 (D. Vt. 1962); Condosta v. Vermont Electric Cooperative, Inc., 400 F. Supp. 358 (D. Vt. 1975); Agency of Environmental Conservation v. Casella, 142 Vt. 503, 457 A.2d 633 (1983).

§ 1402. Repealed. 2013, No. 50, § E.101.1.

History

Former § 1402. Former § 1402, relating to preference to Vermont companies, agents, was derived from 1959, No. 328 (Adj. Sess.), § 14 and amended by 1995, No. 148 (Adj. Sess.), § 4(a).

§ 1403. Waiver of immunity by municipal corporations and counties.

Notwithstanding the provisions of 12 V.S.A. § 5602 or any other statute, when a municipal corporation purchases a policy of liability insurance under 24 V.S.A. § 1092 , and when a county purchases a policy of liability insurance under the provisions of 24 V.S.A. § 131 , it waives its sovereign immunity from liability to the extent of the coverage of the policy and consents to be sued.

Added 1959, No. 328 (Adj. Sess.), § 14; amended 1981, No. 213 (Adj. Sess.), § 1; 1989, No. 114 , § 7, eff. June 20, 1989.

History

Amendments--1989. Deleted "state" preceding "municipal" in the section heading and deleted "when the state or a department or board purchases a policy of liability insurance under the provisions of section 1401 of this title, and" following "statute" and made a minor change in punctuation in the text of the section.

Amendments--1981 (Adj. Sess.). Added "notwithstanding the provisions of section 5602 of Title 12, or any other statute" at the beginning of the text.

Cross References

Cross references. Tort claims against the State, see 12 V.S.A. § 5601 et seq.

ANNOTATIONS

Analysis

1. Application of amendments.

The amendment resulting in the State's withdrawal of tort liability upon the purchase of insurance is effective even where the events giving rise to a lawsuit occur before the amendment. Denis Bail Bonds, Inc. v. State, 159 Vt. 481, 622 A.2d 495 (1993).

The 1982 amendment to this section, allowing suits against the State to the extent the State purchased liability insurance, did not apply retroactively. Curran v. Marcille, 152 Vt. 247, 565 A.2d 1362 (1989).

2. Construction.

Immunity waiver elucidated in this section makes no mention of the governmental unit vicariously enjoying an employee's immunity, and the Supreme Court would not strip this section of its plain meaning nor ignore the obvious intention of the Legislature. My Sister's Place v. City of Burlington, 139 Vt. 602, 433 A.2d 275 (1981).

In this section governmental immunity is legislatively recognized and its waiver provided for only by, and to the extent of, insurance coverage in that area. Town of South Burlington v. American Fidelity Co., 125 Vt. 348, 215 A.2d 508 (1965).

3. Construction with other laws.

Waiver of a municipality's sovereign immunity only occurred when a municipal corporation itself purchased liability insurance, and since town obtained its liability coverage through membership in an intermunicipal insurance fund, it did not waive its immunity from plaintiffs' wrongful death suit. McMurphy v. State, 171 Vt. 9, 757 A.2d 1043 (2000).

Although section 1092 of Title 24 does not impose an absolute duty on a city to carry liability insurance on its motor vehicles and drivers, if there is insurance coverage, the defense of governmental immunity is not available to the municipality since it is waived by provisions of this section. Medlar v. Aetna Insurance Co., 127 Vt. 337, 248 A.2d 740 (1968).

4. Suits in federal courts.

This section does not extend to suits in federal courts. Condosta v. Vermont Electric Cooperative, Inc., 400 F. Supp. 358 (D. Vt. 1975).

This section does not constitute a waiver of the state's immunity to suit in federal courts under the Eleventh Amendment of the United States Constitution. Miller v. Vermont, 201 F. Supp. 930 (D. Vt. 1962); Lewis v. Vermont, 289 F. Supp. 246 (D. Vt. 1968).

5. Liability.

Transportation of an institutional inmate to and from an outside job is State business and the use of a State vehicle would constitute official use; therefore, to the extent of coverage, the State would be liable for an accident caused by an inmate while he was driving. 1970-72 Op. Atty. Gen. 93.

Where the State purchased a liability insurance policy which covered wrongful entry, it could conceivably be liable for trespass if, without the consent of the landowner, it placed a pipe on private property for the purpose of conveying water to another property. 1962-64 Op. Atty. Gen. 51.

6. Exclusions from coverage.

Where municipal insurance contract excluded coverage for streets and sidewalks, immunity from liability for insufficiencies in streets and sidewalks was not waived by this section. Town of South Burlington v. American Fidelity Co., 125 Vt. 348, 215 A.2d 508 (1965).

Cited. Turner v. Baxley, 354 F. Supp. 963 (D. Vt. 1972); Town of Milton v. Brault, 132 Vt. 377, 320 A.2d 630 (1974); Brault v. Town of Milton, 527 F.2d 730 (2d Cir. 1975); Orleans Village v. Union Mutual Fire Insurance Co., 133 Vt. 217, 335 A.2d 315 (1975); Mitchell v. Libby, 409 F. Supp. 1098 (D. Vt. 1976); Ohland v. City of Montpelier, 467 F. Supp. 324 (D. Vt. 1979); Roman Catholic Diocese of Vermont, Inc. v. City of Winooski Housing Authority, 137 Vt. 517, 408 A.2d 649 (1979); Stoneman v. Vergennes Union High School District #5, 139 Vt. 50, 421 A.2d 1307 (1980); Agency of Environmental Conservation v. Casella, 142 Vt. 503, 457 A.2d 633 (1983); Cronin v. State, 148 Vt. 252, 531 A.2d 929 (1987), overruled on other grounds, Libercent v. Aldrich (1987) 149 Vt. 76, 539 A.2d 981; Wolfe v. Yudichak, 153 Vt. 235, 571 A.2d 592 (1989); LaShay v. Department of Social & Rehabilitation Services, 160 Vt. 60, 625 A.2d 224 (1993); Hillerby v. Town of Colchester, 167 Vt. 270, 706 A.2d 446 (1997).

§ 1404. Judgments, maximum liability of municipal corporations and counties.

Upon trial of any action in which sovereign immunity has been waived, as provided in section 1403 of this title, a judgment shall not be rendered against a municipal corporation or county for more than the maximum amount of liability insurance carried by it and applicable to the subject matter of the action.

Added 1959, No. 328 (Adj. Sess.), § 14; amended 1989, No. 114 , § 8, eff. June 20, 1989.

History

Revision note. Reference to section "1402" changed to "1403" to correct an error in the reference.

Amendments--1989. Added "of municipal corporations and counties" following "liability" in the section heading and deleted "the state of Vermont, a department or board thereof or" following "rendered against" in the text of the section.

ANNOTATIONS

Cited. Miller v. Vermont, 201 F. Supp. 930 (D. Vt. 1962); Town of Milton v. Brault, 132 Vt. 377, 320 A.2d 630 (1974).

§ 1405. Inventories of State property.

State departments, institutions, and agencies having property belonging to the State or in their charge on or before February 1 in each even-numbered year shall render an inventory to the Secretary of Administration of all such property, and its value, on hand on January 1 preceding, on such forms and in such detail as the Secretary of Administration may require.

Added 1959, No. 328 (Adj. Sess.), § 14; amended 1963, No. 215 , § 4; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2013, No. 50 , § E.101.2.

History

Amendments--2013 Substituted "even-numbered" for "even numbered" following "in each" in the first sentence and "Secretary of Administration" for "commissioner of buildings and general services" in two places.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in two places.

Amendments--1963. Substituted "February" for "August" and "January" for "July".

§ 1406. Liability insurance.

  1. The Secretary of Administration, on behalf of the State, may contract or enter into agreements with any insurance company or companies or insurance corporation or corporations licensed to do business within the State for the purpose of insuring the State against liability or may self-insure against liability.
  2. The Secretary of Administration is directed to charge back against individual departmental appropriations in all funds the proper amounts necessary to pay the cost of the insurance or self-insurance referred to in subsection (a) of this section.
  3. The State Liability Self-Insurance Fund is created to provide a program of self-insuring liability coverages for all State agencies, Legislature, departments, State colleges, Judiciary, quasi-State agencies, boards, commissions, and employees, as defined in 3 V.S.A. § 1101 . All covered entities shall participate in the program and shall contribute to the Fund. The Fund shall be administered by the Secretary of Administration to adjust claims, to pay judgments, and to reimburse contractors and State agencies for services rendered.
    1. All balances remaining in the Fund at the end of the fiscal year shall be carried forward to remain in the Fund. Interest earned by the Fund shall be deposited in the Fund.
    2. The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.
    3. Losses shall be fully reserved and funded and provision shall be made for losses incurred but not reported. The Fund shall be actuarially reviewed annually.

      Added 1959, No. 328 (Adj. Sess.), § 14; amended 1981, No. 213 (Adj. Sess.), § 2; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 243 (Adj. Sess.), § 46, eff. June 13, 1988; 1989, No. 114 , § 9, eff. June 20, 1989; 1989, No. 163 (Adj. Sess.), § 1; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2013, No. 50 , § E.101.3.

History

Revision note. Reference to "finance director" in subsec. (b) changed to "commissioner of finance" to conform reference to new title and reorganization of state government pursuant to 1971, No. 92 .

Amendments--2013 Substituted "Secretary of Administration" for "commissioner of buildings and general services" in subsecs. (a) through (c), "self-insure" for "self insure" at the end of the paragraph in subsec. (a), "self-insurance" for "self insurance" at the end of the paragraph in subsec. (b), "State Liability Self-Insurance Fund" for "state liability self insurance fund" at the beginning of subsec. (c), and "self-insuring" for "self insuring" following "program of" in subsec. (c).

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in subsecs. (a) and (b) and in the third sentence of subsec. (c).

Amendments--1989 (Adj. Sess.). Subsec. (a): Added "or may self insure against liability" at the end of the subsec.

Subsec. (b): Substituted "general services" for "finance and management" following "commissioner of" and inserted "or self insurance" preceding "referred".

Subsec. (c): Added.

Amendments--1989. Deleted "for state employees" following "liability insurance" in the section heading and rewrote subsec. (a).

Amendments--1987 (Adj. Sess.). Subsec. (b): Substituted "commissioner of finance and management" for "commissioner of finance and information support" preceding "is directed".

Amendments--1983 (Adj. Sess.). Subsec. (b): Inserted "and information support" following "finance".

Amendments--1981 (Adj. Sess.). Subsec. (a): Added "notwithstanding the provisions of section 5602 of Title 12, or any other statute" at the beginning of the second sentence.

Cross References

Cross references. Claims against State employees, see 3 V.S.A. § 1101 et seq.

Tort claims against the State, see 12 V.S.A. § 5601 et seq.

ANNOTATIONS

Cited. Miller v. Vermont, 201 F. Supp. 930 (D. Vt. 1962).

§ 1407. Definition.

For purposes of this chapter only, natural resources conservation districts shall be considered agencies of the State, and their employees shall be considered State employees.

Added 1983, No. 142 (Adj. Sess.), § 1, eff. April 6, 1984.

§ 1408. Workers' compensation insurance.

  1. The State Employees' Workers' Compensation Fund is created to provide a program for self-insurance coverage for all officers and State employees, as defined in 3 V.S.A. § 1101 , of all State agencies, departments, boards, and commissions, as well as any other person defined as an employee pursuant to 21 V.S.A. chapter 9. All State agencies, departments, boards, and commissions shall participate in the program and contribute to the Fund. The Fund shall be administered by the Secretary of Administration, who:
    1. shall authorize payments from the Fund in accordance with the provisions of this section and 21 V.S.A. chapter 9;
    2. shall make final decisions regarding voluntary acceptance of claim and case management;
    3. may contract with independent adjustment companies for claims adjustment services;
    4. may conduct actuarial reviews and loss prevention programs;
    5. may provide no more than six percent of the total annual assessment for that fiscal year for loss prevention programs and actuarial reviews.
  2. All balances remaining in the Fund at the end of the fiscal year shall be carried forward to remain in the Fund.  Interest earned by the Fund shall be deposited in the Fund.
  3. [Repealed.]
  4. The Secretary shall annually assess each program participant an amount to be deposited in the State Employees' Workers' Compensation Fund. The Secretary may adjust the annual assessment to ensure that the debts and obligations of the program are adequately funded.
  5. The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.
  6. Losses shall be fully reserved and funded in accordance with common insurance industry practices and in accordance with the principle of accuracy rather than adequacy whenever possible. The Fund shall be actuarially reviewed annually.

    Added 1989, No. 104 , § 1, eff. Feb. 1, 1990; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2003, No. 122 (Adj. Sess.), § 33, eff. June 10, 2004; 2005, No. 209 (Adj. Sess.), § 34; 2013, No. 50 , § E.101.4; 2015, No. 172 (Adj. Sess.), § E.102.

History

Revision note. In subdiv. (c)(1), substituted "department of buildings and general services" for "general services department" for purposes of conformity with 1995, No. 148 (Adj. Sess.), § 4(c)(2).

Amendments--2015 (Adj. Sess.). Subsec. (a): Inserted ", as well as any other person defined as an employee" following "commissions".

Amendments--2013 In subsec. (a), substituted "3 V.S.A. § 1101" for "section 1101 of Title 3", "21 V.S.A. chapter 9" for "chapters 9 and 11 of Title 21', "Secretary of Administration" for "commissioner of buildings and general services"; in subdiv. (a)(1) substituted "21 V.S.A. chapter 9" for "chapters 9 and 11 of Title 21"; repealed former subsec. (c); and in subsec. (d), substituted "The Secretary" for "In subsequent years, the commissioner" in the first sentence and substituted "Secretary" for "commissioner" in the second sentence.

Amendments--2005 (Adj. Sess.). Subsec. (a): Added "all officers and state employees, as defined in section 1101 of Title 3 of" following "self-insurance coverage for".

Amendments--2003 (Adj. Sess.). Subsec. (d): Deleted the last sentence.

Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "commissioner of buildings and general services" for "commissioner of general services" in the second sentence.

CHAPTER 57. CENTRAL WAREHOUSE

Sec.

§ 1501. Power to obtain warehouse.

The Commissioner of Buildings and General Services, with the approval of the Emergency Board, may arrange for and operate a general supply and material warehouse for the use of the State. In making this arrangement, he or she may enter into a lease with any person who may desire to construct and rent such a building to the State.

Added 1961, No. 156 , § 1; amended 1987, No. 243 (Adj. Sess.), § 47, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Revision note. In the first sentence, substituted "secretary" for "commissioner" preceding "of administration" to conform reference to new title and reorganization of state government. See 3 V.S.A. § 2201 et seq.

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in the first sentence.

Amendments--1987 (Adj. Sess.). Substituted "commissioner of general services" for "secretary of administration" preceding "with the approval" and made other minor changes in punctuation in the first sentence and inserted "or she" following "arrangement, he" in the second sentence.

Cross References

Cross references. Power of Commissioner to maintain and operate warehouses, see § 902 of this title.

§ 1502. Division of cost.

The cost of leasing the warehouse may be prorated among the using departments and agencies. The Commissioner of Finance and Management is directed to charge the pro rata share of this cost against the appropriation of each using agency.

1961, No. 156 , § 2; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 243 (Adj. Sess.), § 48, eff. June 13, 1988.

History

Revision note. Reference to "finance director" in the second sentence changed to "commissioner of finance" to conform reference to new title and reorganization of state government pursuant to 1971, No. 92 .

Amendments--1987 (Adj. Sess.). Substituted "commissioner of finance and management" for "commissioner of finance and information support" in the second sentence.

Amendments--1983 (Adj. Sess.). Inserted "and information support" following "finance" in the second sentence.

§ 1503. Warehouse stocks, charges.

The Commissioner of Buildings and General Services may stock the warehouse by purchase from time to time of supplies and materials in anticipation of the needs of State agencies. Costs shall be prorated according to those needs and charged to the accounts of using agencies. Payment shall be made from funds appropriated to the agencies for supplies.

Added 1961, No. 156 , § 3; amended 1987, No. 243 (Adj. Sess.), § 49, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" in the first sentence.

Amendments--1987 (Adj. Sess.). In the first sentence, substituted "commissioner of general services" for "purchasing director" preceding "may stock".

CHAPTER 59. SURPLUS PROPERTY

Sec.

§ 1551. The State agency for surplus property.

The Department of Buildings and General Services of the Agency of Administration is designated the State agency for surplus property.

1965, No. 19 , § 1, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Revision note. Substituted "agency" for "department" preceding "of administration" to conform reference to new title and reorganization of state government. See 3 V.S.A. §§ 2202 and 2285.

Substituted "department of general services" for "purchasing division" in light of Executive Order No. 35-87, which provided for the abolition of the division of purchasing and the transfer of the duties, responsibilities, authority, authorized positions and equipment of that entity to the department of general services as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix. Executive Order No. 35-87, which this note refers to, was revoked and rescinded by E.O. 06-05 (No. 3-46), eff. Sept. 13, 2005.

Amendments--1995 (Adj. Sess.) Substituted "department of buildings and general services" for "department of general services".

§ 1552. Authority and duties.

  1. The Department of Buildings and General Services may:
    1. acquire from the United States of America under section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, herein referred to as the "federal act," such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health, or civil defense, including research for any such purpose, and for such other purposes as may be authorized by federal law;
    2. warehouse such property; and
    3. distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges, and universities that are exempt from taxation under section 501(c)(3) of the U.S. Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may be eligible under federal law to acquire such property.
  2. The Department of Buildings and General Services may receive applications from eligible health and educational institutions for the acquisition of federal surplus real property, investigate the same, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of the applicant for the property, the merits of its proposed program of utilization, the suitability of the property for those purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under section 203(k) of the federal act.
  3. For the purpose of executing its authority under this chapter, the Department of Buildings and General Services may adopt, amend, or rescind such rules and regulations and prescribe such requirements as it may consider necessary; and take such other action as it considers necessary and suitable, in the administration of this chapter, to ensure maximum utilization, within the State, of property distributed under this chapter, to eligible health, educational, and civil defense institutions and organizations and to such other types of institutions or activities as may be eligible under federal law in effect when the action is taken.
  4. The Department of Buildings and General Services may make such certifications, take such action, make such expenditures, require such reports, and make such investigations as may be required by law or regulation of the United States of America in connection with the disposal of real property and the receipt, warehousing, and distribution of personal property received by the Department of Buildings and General Services from the United States of America and enter into contracts, agreements, and undertakings for and in the name of the State (including cooperative agreements with any federal agencies providing for utilization by and exchange between them, without reimbursement, of the property, facilities, personnel, and services of each by the other, and agreements with other State agencies for surplus property and with associations or groups of such State agencies).
  5. The Department of Buildings and General Services may act as a clearing house of information for the public and private nonprofit institutions, organizations, and agencies referred to in subsection (a) of this section and other institutions eligible to acquire federal surplus real property, locate both real and personal property available for acquisition from the United States of America, ascertain the terms and conditions under which such property may be obtained, receive requests from the above-mentioned institutions, organizations, and agencies and transmit to them all available information in reference to such property, and aid and assist such institutions, organizations, and agencies in every way possible in the consummation of acquisitions or transactions hereunder.
  6. The Department of Buildings and General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the federal act, with the departments or agencies of the United States of America, shall file a State plan of operation, operate in accordance therewith, take such action as may be necessary to meet the minimum standards prescribed in accordance with the federal act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require.  It shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, and use of, or accounting for, property donable or donated to eligible donees in the State.

    1965, No. 19 , § 2, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Reference in text. Section 203(j) of the Federal Property and Administrative Services Act of 1949, referred to in subsecs. (a) and (b), is codified as 40 U.S.C. § 484.

Section 501(c)(3) of the United States Internal Revenue Code of 1954, referred to in subsec. (a), is codified as 26 U.S.C. § 501(c)(3).

Revision note. In subsec. (e), substituted "subsection (a)" for "subparagraph (a)" to conform reference to V.S.A. style.

Substituted "department of general services" for "purchasing division" throughout this section in light of Executive Order No. 35-87, which provided for the abolition of the division of purchasing and the transfer of the duties, responsibilities, authority, authorized positions and equipment of that entity to the department of general services as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix. Executive Order No. 35-87, which this note refers to, was revoked and rescinded by E.O. 06-05 (No. 3-46), eff. Sept. 13, 2005.

Amendments--1995 (Adj. Sess.) Substituted "department of buildings and general services" for "department of general services" throughout the section.

Cross References

Cross references. Procedure for adoption of administrative rules, see 3 V.S.A. § 801 et seq.

§ 1553. Power of Commissioner of Buildings and General Services to require bond.

The Commissioner of Buildings and General Services may in his or her discretion bond any person in the employ of the Department of Buildings and General Services handling monies, signing checks, or receiving or distributing property from the United States under authority of this chapter.

Added 1965, No. 19 , § 3, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" and "department of buildings and general services" for "department of general services".

§ 1554. Transfer charges.

Any charges made or fees assessed by the Department of Buildings and General Services for acquiring, warehousing, distributing, or transferring of any property of the United States of America for educational, public health, or civil defense purposes, including research for any such purpose, or for any purpose that may be eligible under the federal act as amended before or after April 2, 1965, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution, or transfer by the Department of Buildings and General Services. In the case of real property, those charges and fees shall be limited to the reasonable administrative costs of the Department of Buildings and General Services incurred in effecting transfer.

1965, No. 19 , § 4, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Revision note. In the first sentence, substituted "April 2, 1965" for "the effective date of this act" for purposes of clarity.

Substituted "department of general services" for "purchasing division" in the first sentence in light of Executive Order No. 35-87, which provided for the abolition of the division of purchasing and the transfer of the duties, responsibilities, authority, authorized positions and equipment of that entity to the department of general services as established by the order. By its own terms, Executive Order No. 35-87 took effect on July 1, 1987, pursuant to section 2002 of Title 3. For the text of Executive Order No. 35-87, see chapter 3 of Title 3 Appendix. Executive Order No. 35-87, which this note refers to, was revoked and rescinded by E.O. 06-05 (No. 3-46), eff. Sept. 13, 2005.

Amendments--1995 (Adj. Sess.) Substituted "department of buildings and general services" for "department of general services" in the first sentence.

§ 1555. Acquisition and distribution of surplus commodities.

  1. The Commissioner of Buildings and General Services may apply for and warehouse surplus government commodities made available by the U.S. Department of Agriculture under section 32 of the act of August 24, 1935, as amended and related legislation, and section 416 of the Agricultural Act of 1949. He or she may distribute the commodities to recipients who are eligible under the above-mentioned federal statutes and U.S. Department of Agriculture regulations.
  2. He or she may also apply for and warehouse government commodities made available under section 6 of public law 396, approved June 4, 1946, known as the National School Lunch Act, and distribute those commodities to tax-supported or tax-exempt schools operating approved school lunch programs.

    Added 1965, No. 20 , eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Reference in text. Section 32 of the act of August 24, 1935, referred to in subsec. (a), is codified as 7 U.S.C. § 612c.

Section 416 of the Agricultural Act of 1949, referred to in subsec. (a), is codified as 7 U.S.C. § 1431.

Section 6 of the National School Lunch Act, referred to in subsec. (b), is codified as 42 U.S.C. § 1755.

Revision note. Undesignated paragraphs were designated as subsecs. (a) and (b) to conform section to V.S.A. style.

Amendments--1995 (Adj. Sess.) Subsec. (a): Substituted "commissioner of buildings and general services" for "commissioner of general services".

§ 1556. State surplus property.

  1. All material, equipment, and supplies found to be surplus by any State agency or department shall be transferred to the Commissioner of Buildings and General Services. The Commissioner of Buildings and General Services shall be responsible for the disposal of surplus State property. The Commissioner of Buildings and General Services may:
    1. transfer the property to any other State agency or department having a justifiable need for the property, or transfer to any municipality, school, or nonprofit organization having a justifiable need as determined by a State agency or department, and assess an administrative fee if deemed appropriate;
    2. store or warehouse the property for future needs of the State;
    3. transfer the property to municipalities for town highways and bridges;
    4. after giving priority to the provisions of subdivisions (1), (2), and (3) of this subsection, transfer used bridge beams and other surplus material, equipment, and supplies to VAST, the local affiliates of VAST, or to municipalities cooperating with VAST or municipalities developing and maintaining their own trail system;
    5. recondition and repair any property for use or sale when economically feasible;
    6. sell surplus property by any suitable means, including bids or auctions;
    7. donate, at no charge, surplus motor vehicles and related equipment, to any nonprofit entity engaged in rehabilitating and redistributing motor vehicles to Vermont residents with low income, provided that the Commissioner has first attempted to sell or satisfy the needs of the State for the vehicles or equipment concerned.
  2. Any municipality, school, or nonprofit organization that receives a transfer of property pursuant to this section shall assume ownership of the property from the State.

    Added 1979, No. 164 (Adj. Sess.), § 1, eff. April 25, 1980; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1997, No. 148 (Adj. Sess.), § 76, eff. April 29, 1998; 2001, No. 141 (Adj. Sess.), § 28, eff. June 21, 2002; 2015, No. 160 (Adj. Sess.), § 27, eff. June 2, 2016.

History

Amendments--2015 (Adj. Sess.). Subdiv. (a)(1): Inserted ", or transfer to any municipality, school, or nonprofit organization having a justifiable need as determined by a State agency or department, and assess an administrative fee if deemed appropriate" following "property".

Subdiv. (a)(4): Substituted "subsection" for "section" following "of this".

Subdiv. (a)(6): Deleted "but not limited to," following "including".

Subdiv. (a)(7): Deleted "low income" preceding "Vermont residents" and inserted "with low income" following "Vermont residents".

Subsec. (b): Added.

Amendments--2001 (Adj. Sess.) Added subdivs. (3) and (4) and redesignated former subdivs. (3) through (5) as subdivs. (5) through (7).

Amendments--1997 (Adj. Sess.). Added subdiv. (5).

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services" wherever it appeared in the introductory paragraph.

§ 1557. Transfer charges and credits.

  1. The Commissioner of Buildings and General Services shall establish a system of transfer charges and credits by which an agency or department shall be charged for the receipt of surplus property together with reasonable costs of transfer and reconditioning; and by which an agency or department shall be credited with the proceeds of any sale or transfer of surplus property less any costs of transfer and reconditioning.
  2. Transfer charges and credits shall be made against the appropriation of the respective department or agency. Funds credited shall be classified as special funds, and managed in accordance with 32 V.S.A. chapter 7, subchapter 5; provided, however, that any funds credited to the Agency of Transportation shall be transferred to the Transportation Fund.

    Added 1979, No. 164 (Adj. Sess.), § 1, eff. April 25, 1980; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1995, No. 178 (Adj. Sess.), § 421, eff. May 22, 1996; 2009, No. 50 , § 67.

History

Amendments--2009 Subsec. (b): Added "; provided, however, that any funds credited to the agency of transportation shall be transferred to the transportation fund".

Amendments--1995 (Adj. Sess.) Subsec. (a): Act No. 148 substituted "commissioner of buildings and general services" for "commissioner of general services".

Subsec. (b): Act No. 178 substituted "special funds, and managed in accordance with 32 V.S.A. chapter 7, subchapter 5" for "excess receipts and may be expended only with the approval of the secretary of administration" following "classified as" in the second sentence.

CHAPTER 61. MUNICIPAL EQUIPMENT LOAN FUND

Sec.

History

Amendments--1987. 1987, No. 89 , § 314c, deleted "Heavy" preceding "Equipment" in the chapter heading.

§ 1601. Municipal equipment loan fund.

  1. There is hereby created a municipal equipment loan fund for the purpose of providing loans on favorable terms to municipalities for the purchase of construction, fire, emergency, or heavy equipment or vehicles.
  2. The Municipal Equipment Loan Fund shall be administered by the State Treasurer and the State Traffic Committee, pursuant to policies and procedures approved by the Traffic Committee established by 19 V.S.A. § 1(24) . The Committee shall establish criteria for distribution of available loan funds among municipalities considering at least financial need, geographic distribution, and ability to repay. The Fund shall be a revolving fund and all principal and interest earned on loans and the Fund balance remaining in the Fund at the end of any fiscal year shall not revert but be carried over in the Fund for use in the succeeding fiscal year.

    Added 1985, No. 187 (Adj. Sess.), § 3; amended 1987, No. 89 , § 314c; 2019, No. 131 (Adj. Sess.), § 289.

History

Amendments--2019 (Adj. Sess.). Subsec. (b): Substituted "19 V.S.A. § 1(24)" for "23 V.S.A. § 1003" at the end of the first sentence.

Amendments--1987. Subsec. (a): Amended generally.

Subsec. (b): Deleted "heavy" preceding "equipment" at the beginning of the first sentence.

§ 1602. Application; loans; conditions.

  1. Upon application of a municipality or two or more municipalities applying jointly, the State Treasurer may loan money from the Fund to that municipality or municipalities for the purchase of equipment. Purchases of equipment eligible for loans from the Fund shall have a useful life of at least five years and a purchase price of at least $20,000.00 but shall not be eligible for loans in excess of $110,000.00 from this Fund.
  2. The Treasurer is authorized to establish terms and conditions, including repayment schedules of up to five years for loans from the Fund to ensure repayment of loans to the Fund. Before a municipality may receive a loan from the Fund, it shall give to the Treasurer security for the repayment of the funds. The security shall be in such form and amount as the Treasurer may determine and may include a lien on the equipment financed by the loan.
  3. The rates of interest shall be as established by this section to assist municipalities in purchasing equipment upon terms more favorable than in the commercial market.  Such rates shall be no more than two percent per annum for a loan to a single municipality, and loans shall bear no interest charge if made to two or more municipalities purchasing equipment jointly.
  4. In any fiscal year, new loans from the Municipal Equipment Fund shall not exceed an aggregate of $1,500,000.00.

    Added 1985, No. 187 (Adj. Sess.), § 3; amended 1987, No. 89 , § 314c; 1991, No. 172 (Adj. Sess.), §§ 1, 2; 1999, No. 156 (Adj. Sess.), § 46, eff. May 29, 2000; 2005, No. 175 (Adj. Sess.), § 24.

History

Amendments--2005 (Adj. Sess.). Substituted "$110,000.00" for "$90,000.00" in subsec. (a), and "five years" for "three years" in subsecs. (a) and (b).

Amendments--1999 (Adj. Sess.) Subsec. (a): Substituted "$90,000.00" for "$60,000.00" in the second sentence.

Amendments--1991 (Adj. Sess.). Subsec. (a): Added "but shall not be eligible for loans in excess of $60,000.00 from this fund" following "$20,000.00" in the second sentence.

Subsec. (d): Substituted "$1,500,000.00" for "$1,000,000.00".

Amendments--1987. Deleted "heavy" preceding "equipment" in the first and second sentences of subsec. (a), in the first sentence of subsec. (c) and in subsec. (d).

§ 1603. Joint purchasing.

The Secretary of Transportation and the Commissioner of Buildings and General Services, or their designees, shall develop and promote a program of joint purchasing with the municipalities by which purchases of equipment by the State are combined, where possible, with purchases of equipment by any municipality electing to participate in order to obtain volume purchasing discounts and other purchasing benefits.

Added 1985, No. 187 (Adj. Sess.), § 3; amended 1987, No. 89 , § 314c; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.

History

Amendments--1995 (Adj. Sess.) Substituted "commissioner of buildings and general services" for "commissioner of general services".

Amendments--1987. Deleted "heavy" preceding "equipment" in two places.

CHAPTER 63. DATA PROCESSING

Sec.

History

Transition. 2007, No. 65 , § 284(a) provides: "All assets and liabilities residing in the data processing revolving fund established in 29 V.S.A. § 1702 and the GOVNet internal service fund shall be transferred to the information technology internal service fund created in 22 V.S.A. § 903(a)."

§§ 1701, 1702. Repealed. 2007, No. 65, § 285(a).

History

Former § 1701, relating to powers and duties of the data processing department, was derived from 1987, No. 243 (Adj. Sess.), § 51 and amended by 1995, No. 148 (Adj. Sess.), § 4(a).

Former § 1702, relating to the data processing revolving fund, was derived from 1987, No. 243 (Adj. Sess.), § 51 and amended by 1995, No. 148 (Adj. Sess.), §§ 3, 4(a).