Executive Order No. 3-1 (No. 13-69) [Planning and Community Services Agency.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

Executive Order No. 3-2 (No. 44-72) [Administrative Districts.

WHEREAS, by the terms of No. 74 of the Acts of 1971, authority was granted to the Governor to make changes in the organization of the administrative districts of the State; and

WHEREAS, such changes are to be proposed by executive order and submitted to both houses of the General Assembly for consideration;

NOW, THEREFORE, I, Deane C. Davis, by virtue of the authority in me vested as Governor, and considering certain changes to be necessary for efficient administration, do hereby propose:

1. That paragraph (1) of chapter 65, Title 3, Vermont Statutes Annotated, § 4001, be amended as follows:
   1. District 1: Benson, Brandon, Castleton, Chittenden, Clarendon, Danby, Fair Haven, Hubbardton, Ira, Mendon, Middletown Springs, Mt. Holly, Mt. Tabor, Pawlet, Pittsford, Poultney, Proctor, Rutland City, Rutland Town, Sherburne, Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, West Haven, and West Rutland.
2. That the following paragraph (8) be added to § 4001 of chapter 65, Title 3, Vermont Statutes Annotated:

   (8) District 8: Arlington, Bennington, Dorset, Glastenbury, Landgrove, Manchester, Peru, Pownal, Rupert, Sandgate, Shaftsbury, Stamford, Sunderland, and Woodford.

3. The district offices designated under § 4002, shall be amended as follows:
   1. District 1: Rutland City
   2. District 2: Brattleboro and Springfield
   3. District 3: Hartford
   4. District 4: Burlington City and Middlebury
   5. District 5: Barre City and Morristown
   6. District 6: St. Albans City
   7. District 7: St. Johnsbury and Newport
   8. District 8: Bennington
4. The designation of sub-district offices under § 4003 shall be eliminated.

   Dated January 12, 1972.

Executive Order No. 3-3 (No. 14-78) [Interagency Committee on Rules and Administrative Procedures.

Superseded and replaced by Executive Order No. 3-52 (codified as Executive Order No. 04-10), dated July 2, 2010.

Executive Order No. 3-4 (No. 21-78) [Transfer of Utility Driver Position From Agency of Human Services to Purchasing Division, Agency of Administration.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

Executive Order No. 3-5 (No. 32-79) [Transfer of Clerk B Position From Office of Secretary of State to Division of Public Records, Agency of Administration.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

Executive Order No. 3-6 (No. 71-83) [Agencies Required To File Proposed Administrative Rules With Interagency Committee on Administrative Rules.

Expired by its own terms, effective January 1, 1985.

Executive Order No. 3-7 (No. 74-83) [Intergovernmental Consultation System.

Rescinded by Executive Order No. 3-33 (codified as Executive Order No. 13-96), dated July 17, 1996.

Executive Order No. 3-8 (No. 83-84) [Abolition of Certain Boards, Commissions, Councils and Other Bodies.

WHEREAS, the Governor has the power under 3 V.S.A., chapter 41 to effect change in the organization of the executive branch by means of Executive Order, and

WHEREAS, various Governors over the years have used Executive Orders to establish boards, commissions, councils and similar bodies for varying purposes, and

WHEREAS, a number of these bodies have been inactive for several years, have been superseded by similar statutory bodies, or have otherwise ceased to serve the purpose for which they were established, and

WHEREAS, an attorney general’s opinion has determined that Executive Orders continue in effect indefinitely unless limited in duration by their own terms or because they have a transitory effect, or until revoked, rescinded or superseded, and

WHEREAS, there is need to officially abolish those bodies established by Executive Order which have outlived their usefulness yet remain in existence,

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the power vested in me as Governor of Vermont, do hereby revoke and rescind the following Executive Orders and the bodies established thereby:

Executive Order #10 dated July 9, 1969 (Governor’s Commission on Student Affairs)

Executive Order #10a dated December 11, 1970 (Governor’s Commission on Student Affairs)

Executive Order #18 dated January 9, 1970 (Governor’s Council for Student Interns in State Government)

Executive Order #3 dated November 7, 1973 (Vermont Energy Policy Advisory Board)

Executive Order #37 dated May 13, 1974 (Voluntarism Advisory Council)

Executive Order #17 dated July 15, 1975 (Youth Camp Advisory Council)

Executive Order #18 dated July 22, 1975 (Youth Camp Advisory Council)

Executive Order #19 dated August 5, 1975 (Governor’s Commission on the Administration of Justice)

Executive Order #20 dated September 15, 1975 (Advisory Committee for Economic Development Planning)

Executive Order #31 dated June 9, 1976 (Security and Privacy Committee)

Executive Order #34 dated August 31, 1976 (Vermont Epilepsy Commission)

Executive Order #8 dated September 1, 1977 (Vermont Metric Coordinating Council)

Executive Order #12 dated December 1, 1977 (Vermont State Nuclear Advisory Panel)

Executive Order #22 dated September 14, 1978 (Inter Agency Craft Council)

Executive Order #37 dated August 15, 1979 (Vermont Certified Public Manager Board)

Executive Order #39 dated September 11, 1979 (Vermont Statewide Waste Treatment Planning Board)

Executive Order #45 dated March 12, 1980 (Governor’s Commission on Energy Independence)

Executive Order #47 dated April 1, 1980 (Vermont State Police Advisory Commission)

Dated August 31, 1984.

Executive Order No. 3-9 (No. 19-86) [Agencies Required To File Proposed or Emergency Administrative Rules With Interagency Committee on Administrative Rules.

Expired by its own terms, effective January 1, 1987.

Executive Order No. 3-10 (No. 20-86) [Governor’s Commission on Women.

Revoked and rescinded by Executive Order 06-05(codified as Executive Order No. 3-46), dated September 13, 2005.

Executive Order No. 3-11 (No. 35-87) [Abolition of Certain Departments and Divisions and Establishment of the Department of General Services and Department of Finance and Management.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

Executive Order No. 3-12 (No. 36-87) [Transfer of Certain Positions and Appropriations From Agency of Environmental Conservation, Department of Water Resources to Department of Labor and Industry.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

Executive Order No. 3-13 (No. 45-87) [Transfer of Certain Positions, Functions and Appropriations of Certain Agencies and the Central Support Services Revolving Fund to Department of General Services.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

Executive Order No. 3-14 (No. 56-88) [Agencies Required To File Proposed and Emergency Administrative Rules With Interagency Committee on Administrative Rules; Study of Scope of and Limitations on Rulemaking.

Superseded and replaced by Executive Order No. 04-10 (codified as Executive Order No. 3-52), dated July 2, 2010.

Executive Order No. 3-15 (No. 70-89) [Abolition of Office on Aging and Transfer of Functions of Certain Divisions to and Establishment of Department of Rehabilitation and Aging.

Revoked and rescinded by Executive Order 10-09 (codified as Executive Order No. 3-50), dated December 23, 2009.

Executive Order No. 3-16 (No. 1-91) [Transfer of Duties and Director of Office of Economic Opportunity From Agency of Human Services to Department of Prevention, Assistance, Transition, and Health Access.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

Executive Order No. 3-17 (No. 2-91) [Transfer of Duties Relating to Public Drinking Water Program and Positions and Equipment of Division of Environmental Health From Department of Health to Department of Environmental Conservation.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

Executive Order No. 3-18 (No. 3-91) [Executive Code of Ethics.

Superseded by Executive Order No. 8-91 (codified as Executive Order No. 3-19), dated October 3, 1991.

Executive Order No. 3-19 (No. 8-91) [Executive Code of Ethics.

Superseded by Executive Order No. 04-00 (codified as Executive Order No. 3-40), dated June 13, 2000.

Executive Order No. 3-20 (No. 15-91) [Recognition and Encouragement of Vermont Minority/Women Business Enterprises Partnership.

WHEREAS, the Vermont Minority/Women Business Enterprises Partnership was mandated to develop a plan to facilitate equal access and maximum opportunity to participate in state contracting procedures for Minority/Women Business Enterprises (M/WBEs) and to ensure nondiscrimination in state contracting programs; and

WHEREAS, the plan presented by the Partnership is the result of deliberations that included consideration of the methods for collecting statewide data and certifying M/WBEs; and

WHEREAS, the plan addressed the provision of technical assistance and outreach programs to broaden the participation of these enterprises in the state’s contracting process; and

WHEREAS, through consultation with technical experts, both in and out of government, the implementation plan is achievable within existing resources of State Agencies and Departments;

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by virtue of the power vested in me as Governor, do hereby order the following actions:

1. Agencies and Departments of state government shall adopt and implement the following policy:

   The State of Vermont recognizes the important contributions and vital impact which small businesses have on the state’s economy. In this regard, the state prescribes to a free and open bidding process that affords all businesses equal access and opportunity to compete for state contracts for goods and services. The state also recognizes the existence of businesses owned by minorities and women and directs all state agencies and departments to make a good faith effort to encourage these firms to compete for state contracts.

2. The Agency of Development and Community Affairs using existing staff will act as liaison to minority/women businesses.
3. Data on women and minority businesses will be integrated into the state’s vendor list and into the list of awarded contracts.
4. The Purchasing Department will provide outreach to M/WBEs by conducting seminars on “Contracting with State Government.”

   This Executive Order shall take effect upon signing.

   Dated December 11, 1991.

Executive Order No. 3-21 (No. 101-91) [Abolition of Certain Boards, Commissions, Councils and Other Bodies.

WHEREAS, the Governor has the authority to issue Executive Orders to ensure efficiency and effectiveness in the management of state government; and

WHEREAS, several Executive Orders have been developed since January 10, 1985, to support the Governor’s policy and program management actions; and

WHEREAS, the objectives of some of the Executive Orders have been achieved; and

WHEREAS, it is desirable to rescind the Executive Orders that are no longer necessary;

NOW, THEREFORE, BE IT RESOLVED that I, Madeleine M. Kunin, Governor of the State of Vermont, do hereby rescind the following Executive Orders:

Executive Order #1 dated February 21, 1985 (Job Skills Cabinet)

Executive Order #3 dated April 18, 1985 (Higher Education Planning Commission)

Executive Order #5 dated May 16, 1985 (Vermont Advisory Commission on Intergovernmental Relations)

Executive Order #8 dated June 19, 1985 (Asbestos Health Hazard Control Abatement Program)

Executive Order #9 dated June 20, 1985 (Burlington International Airport Special Study Group)

Executive Order #11 dated July 10, 1985 (Special Task Force on On-Site Waste Disposal Technology)

Executive Order #13 dated August 2, 1985 (Hunger Task Force)

Executive Order #14 dated August 2, 1985 (Vermont Telecommunications Commission)

Executive Order #16 dated October 10, 1985 (Sentencing Study Commission)

Executive Order #17 dated February 6, 1986 (Solid Waste Management Advisory Committee)

Executive Order #18 dated February 27, 1986 (Oil Overcharge Task Force)

Executive Order #27 dated July 24, 1986 (Oil Overcharge Task Force)

Executive Order #29 dated August 4, 1986 (Sentencing Study Commission)

Executive Order #39 dated February 10, 1987 (Telecommunications Oversight Committee)

Executive Order #40 dated February 11, 1987 (Special Task Force on Transportation Systems)

Executive Order #43 dated April 16, 1987 (Emergency Response Commission)

Executive Order #43a dated June 22, 1987 (Emergency Response Commission)

Executive Order #44 dated July 2, 1987 (Special Solid Waste Implementation Task Force)

Executive Order #46 dated July 13, 1987 (Special Commission on Public School Governance)

Executive Order #47 dated July 14, 1987 (Special Commission on Special Education)

Executive Order #50 dated September 22, 1987 (Commission on Vermont’s Future: Guidelines for Growth)

Executive Order #57 dated January 9, 1988 (Administrative Law Task Force)

Executive Order #67 dated September 6, 1988 (Commission on Educating Vermont’s Workforce)

Executive Order #69 dated November 22, 1988 (Poet Laureate Panel)

Executive Order #72 dated March 3, 1989 (Committee to Study Proposed Vermont Sports Entertainment Complex)

Executive Order #73 dated April 4, 1989 (Committee to Study Vermont Higher Education)

Executive Order #80 dated October 24, 1989 (Fish and Wildlife Commission)

Executive Order #83 dated January 12, 1990 (Reorganization of the Public Service Department)

This Executive Order shall take effect upon signing.

Dated January, 1991.

Executive Order No. 3-22 (No. 3A-92) [Recognition, Structure and Powers of Vermont Center for Geographic Information and Transfer of Functions from Geographic Information Services.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

Executive Order No. 3-23 (No. 01-93) [Reversal of Reorganization of Agency of Administration.

WHEREAS, the Governor has the authority to issue Executive Orders to ensure efficiency and effectiveness in the management of state government; and

WHEREAS, it is desirable to rescind Executive Orders that are no longer necessary.

NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby rescind the following actions taken in Executive Order No. 4-91 (Reorganization of Agency of Administration) dated January 31, 1991:

1. The redesignation and change in duties of the Deputy Secretary of Administration;
2. The change in reporting of the Commissioner of Finance and Management;
3. The redesignation and change in duties of the Commissioner of the Department of General Services.

   This Executive Order shall take effect upon signing and shall supersede any previous orders or directives of this office to the extent inconsistent herewith.

   Dated January 10, 1993.

Executive Order No. 3-24 (No. 08-93) [Vermont State Craft Center Overview Commission.

Superseded and replaced by Executive Order No. 06-06 (codified as Executive Order No. 3-46), dated October 10, 2006.

Executive Order No. 3-25 (No. 13-93) [Governor’s Council on Affirmative Action; Creation of Program.

Superseded by Executive Order No. 14-98 (codified as Executive Order No. 3-37), dated November 18, 1999.

Executive Order No. 3-26 (No. 01-94) [Abolition of Department of Taxes and Creation of Department of Revenue.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 3-27 (No. 05-94) [Vermont Developmental Disabilities Council.

Superseded and replaced by Executive Order No. 05-07 (codified as Executive Order No. 33-16), dated August 14, 2007.

Executive Order No. 3-28 (No. 11-94) [Reimbursement for Members of Governor’s Commission on Women.

Revoked and rescinded by Executive Order 06-05 (codified as Executive Order No. 3-46), dated September 13, 2005.

Executive Order No. 3-29 (No. 12-94) [Telecommunications Technology Council of Vermont.

Superseded and replaced by Executive Order No. 15-03 (codified as Executive Order No. 30-7), dated September 24, 2003.

Executive Order No. 3-30 (No. 07-95) [Administrative Districts.

WHEREAS, Vermont state government can realize savings by consolidating management, information and space; by coordinating state technical services; and by consolidating the public’s access to information and other assistance; and

WHEREAS, Vermont state government must also collaborate to avoid inconsistencies and redundancies among state and local agencies and departments; and

WHEREAS, 3 V.S.A. Section 4001 establishes eight administrative districts for state government.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby direct all executive branch agencies and departments of Vermont state government to:

• Align the geographic boundaries of their administrative districts to conform with the statutorily prescribed eight administrative districts.

• Reduce management and overhead structures in agencies and departments within the eight administrative service districts by combining these districts where appropriate or by sharing management resources across agencies and departments.

• Work collaboratively with communities and service providers within these districts to deliver quality and cost-effective services.

• Enhance client service delivery systems to geographically isolated regions of the state through the use of satellite offices.

This Executive Order shall take effect upon signing.

Dated October 4, 1995.

Executive Order No. 3-31 (No. 08-95) [Abolition of Certain Boards, Commissions, Councils and Other Bodies.

WHEREAS, Governors over the years have established boards, commissions, and councils for various purposes by Executive Order; and

WHEREAS, the members appointed to these bodies have worked diligently to complete the tasks assigned to them; and

WHEREAS, a number of these bodies have completed their work and been inactive for a period of years, or have been superseded by similar statutory bodies, or have ceased to serve the purpose for which they were established;

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor of the State of Vermont, do hereby revoke and rescind the following Executive Orders:

Executive Order #20-78 dated August 23, 1978 (State-Local Intergovernmental Relations)

Executive Order #85-90 dated March 15, 1990 (Vermont-Minority/Women Business Enterprises Partnership)

Executive Order #94-90 dated October 5, 1990 (Vermont Municipal Advisory Committee)

Executive Order #09-93 dated June 24, 1995 (Vermont Partnership for Economic Progress) Superseded by statute

Executive Order #16-78 dated June 15, 1978 (Agriculture Advisory Board)

Executive Order #52-80 dated September 25, 1980 (Agricultural Lands Review Board)

Executive Order #60-81 dated May 20, 1981 (Changes in Membership of Agriculture Advisory Board)

Executive Order #7-85 dated June 11, 1985 (Agriculture Advisory Board)

Executive Order #76-89 dated June 22, 1989 (Vermont-Quebec Joint Commission)—Superseded by statute

Executive Order #90-90 dated April 27, 1990 (Export Advisory Council)—Superseded by statute

Executive Order #93-90 dated September 1, 1990 (Task Force for the Protection of Consumers of Petroleum Products)

Executive Order #5-73 dated February 22, 1973 (State Planning Office)

Executive Order #63-88 dated March 29, 1988 (Advisory Council on Technology)

Executive Order #79-89 dated October 23, 1989 (Development of Comprehensive Energy Plan and Creation and Duties of State Agency Task Force on Energy)

Executive Order #66-82 dated April 12, 1982 (Delinquency Prevention Coordinating Council)—Superseded by statute

Executive Order #10-85 dated July 1, 1985 (Justice and Victims Assistance Council)—Superseded by statute

Executive Order #86-90 dated April 5, 1990 (Bail Amendment Task Force)

Executive Order #85-84 dated November 30, 1984 (Commission on Child Support)

Executive Order #78-89 dated August 22, 1989 (Holocaust Human Rights Education Committee)

Executive Order #96-90 dated October 19, 1990 (Advisory Panel on State-University Relations)

Executive Order # 26-79 dated January 29, 1979 (Alcohol and Drug Abuse Council)—Superseded by statute

Executive Order #59-81 dated April 8, 1981 (Governor’s Council on Physical Fitness)—Superseded by statute

Executive Order #69-83 dated January 25, 1983 (Special Cabinet for Prevention, Education and Treatment of Alcohol Abuse)

Executive Order #49-87 dated August 19, 1987 (Biomedical Ethics Advisory Panel)

Executive Order #87-90 dated April 5, 1990 (Governor’s Commission on Alzheimer’s Disease and Related Disorders)—Superseded by statute

Executive Order #5-91 dated March 6, 1991 (Vermont Blue Ribbon Commission on Health)

Executive Order #31-86 dated October 9, 1986 (Vermont Fire and Burn Prevention Council)

Executive Order #27-79 dated January, 1979 (Creation of Employment and Training Services Task Force)

Executive Order #43-79 dated December 18, 1979 (Continuation of Employment and Training Services Task Force)

Executive Order #54-81 dated January 13, 1981 (Occupational Information Coordinating Committee)

Executive Order #75-83 dated October 21, 1983 (Advisory Committee on Employment of the Handicapped)—Superseded by statute

Executive Order #2-85 dated April 15, 1985 (Development Cabinet)

Executive Order #88-90 dated April 5, 1990 (Vermont Education and Training 2000 Implementation Committee)

Executive Order #05-93 dated March 9, 1993 (Vermont Human Resources Investment Council)

Executive Order #95-90 (no date) (Vermont Columbus Quincentenary Commission)

Executive Order #2-73 dated January 12, 1973 (Advisory Rate Setting committee)

Executive Order #6-92 dated May 12, 1992 (Governor’s Blue Ribbon Commission on Educational and Municipal Financing Reform)

Executive Order #2-73 dated January 12, 1973 (Advisory Rate Setting Committee)—Superseded by statute

Executive Order #30-71 dated January 14, 1971 (Advisory Rate Setting Committee)—Superseded by statute

Executive Order #4-73 dated January 15, 1973 (Office of Child Development)—Abolished by Executive Order #2-77

Executive Order #23-78 dated September 14, 1978 (1122 Appellate Review Board)

Executive Order #37-87 dated January 23, 1987 (Governor’s Task Force for the Prevention of Teenage Pregnancy)

Executive Order #61-88 dated March 23, 1988 (Continuation of Governor’s Task Force for the Prevention of Teenage Pregnancy)

Executive Order #11-91 dated November 7, 1991 (Commission on Volunteers)—Superseded by Executive Order #16-93

This Executive Order shall take effect upon signing.

Dated December 28, 1995.

Executive Order No. 3-32 (No. 01-96A) [Transfer of Certain Positions and Investments from Agency of Transportation to Department of Public Safety.

Superseded by Executive Order No. 02-03 (codified as Executive Order No. 19-4), dated March 20, 2003.

Executive Order No. 3-33 (No. 13-96) [Transfer of Functions and Responsibilities from Agency of Administration, Division of State Buildings to Various Agencies.

WHEREAS, Executive Order #74 was issued September 23, 1983; and

WHEREAS, the functions and responsibilities of this Executive Order are being carried out by various agencies.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby revoke and rescind Executive Order #74 dated September 23, 1983.

This Executive Order shall take effect upon signing.

Dated July 17, 1996.

Executive Order No. 3-34 (No. 05-98) [Establishment of Blue Ribbon Commission on State Government Performance and Work Force Needs.

Expired by its own terms, effective January 15, 1999.

Executive Order No. 3-35 (No. 09-98) [Vermont Commission on National and Community Service.

Superseded by Executive Order 02-09 (codified as Executive Order No. 33-18), dated January 21, 2009.

Executive Order No. 3-36 (No. 11-98) [Year 2000 Remediation.

Superseded by Executive Order 5-99 (codified as Executive Order No. 3-38), dated May 11, 1999.

Executive Order No. 3-37 (No. 14-98) [Affirmative Action.

Superseded by Executive Order No. 09-02 (codified as Executive Order No. 3-43), dated August 20, 2002.

Executive Order No. 3-38 (No. 05-99) [Year 2000 Remediation.

Expired by its own terms, effective January 1, 2001.

Executive Order No. 3-39 (No. 01-00) [Governor’s Development Cabinet.

Revoked and rescinded by Executive Order 03-03 (codified as Executive Order No. 3-44), dated April 11, 2003.

Executive Order No. 3-40 (No. 04-00) [Executive Code of Ethics.

Superseded and replaced by Executive Order No. 10-03 (codified as Executive Order No. 3-45), dated September 13, 2003.

Executive Order No. 3-41 (No. 02-02) [Establishment of the Governor’s Children and Youth Cabinet.

Expired by its own terms, effective June 30, 2010.

Executive Order No. 3-42 (No. 08-02) [Interagency Executive Resource Planning Team Established.

Expired by its own terms, effective June 30, 2005

Executive Order No. 3-43 (No. 09-02) [Establishment of the Governor’s Workforce Equity and Diversity Council.

Superseded by Executive Order No. 3-59 (codified as Executive Order No. 10-13), dated December 31, 2013.

Executive Order No. 3-44 (No. 03-03) [Governor’s Jobs Cabinet.

WHEREAS, Vermont’s economy must be able to thrive amid ever-increasing competition on the regional, national, and international levels; and

WHEREAS, Vermont’s economy faces competition from larger, more diverse economies; and

WHEREAS, Vermonters are deeply concerned about good paying job opportunities; and

WHEREAS, State government must work aggressively to retain jobs and pursue job creation opportunities consistent with Vermont values; and

WHEREAS, a good job advances self-sufficiency, independence, dignity, opportunity and the quality of life in our State; and

WHEREAS, State government must work in tandem with the private sector to achieve an economic environment conducive to job creation.

NOW THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Governor’s Jobs Cabinet:

The Jobs Cabinet shall consist of representatives from State agencies and departments and shall include representatives from outside state government. The State members shall include the Development Cabinet and the Commissioners of the Departments of Labor and Industry, Employment and Training, and Public Service; the Manager of the Vermont Economic Development Authority; the Chancellor of the Vermont State Colleges or his or her designee; and the President of the University of Vermont or his or her designee. There shall be thirteen non-State members appointed by the Governor to serve for terms of three years. The initial appointments of the non-State members shall include four one-year terms, four two-year terms and five three-year terms. The Governor shall appoint the Chair. The Jobs Cabinet may, at its discretion, establish inter-agency work groups to support its mission, drawing membership from any agency or department of state government.

Administrative support to the Cabinet shall be provided by the Agency of Commerce and Community Development. Public members may receive reimbursement of expenses in attending Cabinet meetings and may receive a per diem pursuant to 32 V.S.A. § 1010 . The Jobs Cabinet shall meet at the call of the Chair to carry out the following responsibilities:

1) Work collaboratively to identify and meet the needs of job generators and remove impediments to job growth whenever practicable.

2) Open dialogue and establish strategic partnerships among government and key organizations to achieve the goal of greater job creation. The Jobs Cabinet and individual state agencies may refer specific job development projects that present complex and unique issues or require interagency coordination among state agencies and departments to the Chair. The Chair may establish a working group consisting of the State members for review and development of a plan to coordinate the state agencies involved and resolve interagency conflicts, if any, to insure a coordinated and common sense approach.

3) Maintain an ongoing review of the state’s permitting processes and make recommendations that will assist business and housing to grow responsibly within a regulatory scheme that is fair, predictable, expedient, and cost-conscious. The Chair, in his or her sole discretion, may refer any proposed project that will create additional jobs through expansion or location in Vermont to a working group consisting of State members for review. The working group may, to the extent practicable and according to applicable laws, identify those aspects of the project where assistance in coordinating interagency communication, permitting or regulatory processes would assist review of the project in an efficient, reasonable and timely fashion. The Chair, in his or her sole discretion, may refer a job development project to the Jobs Cabinet that has failed or chosen not to expand or locate in Vermont for review and identification of factors, including but not limited to, infrastructure needs, state workforce deficiencies, and regulatory requirements, that contributed to the decision not to expand or locate in Vermont. The working group shall report to the full Jobs Cabinet a summary of the projects it has considered and the factors identified as significant to the decision.

4) Remove barriers to and develop incentives for critical infrastructure investment in the State that is conducive to job creation such as broadband, wireless and power.

5) Facilitate small business advocacy forums in each region of the state to create an inventory of the needs of small business, including but not limited to government assistance.

6) Research programs in other states, particularly competitors in the Northeast, to identify Vermont’s opportunities and weaknesses relative to those states, recommend where Vermont should focus its efforts, and develop strategies to improve Vermont’s competitive position in those areas.

7) Research and closely monitor national and international business trends to help Vermont’s economic development strategy stay ahead of its competitors. Identify emerging markets or potential growth areas such as exporting, technology, biotech, and engineering and design appropriate recruiting strategies for those industry sectors.

8) Proactively seek to retain existing Vermont businesses and encourage job growth by developing networks for marketing and purchasing while creating links to other businesses for service and collaborative action.

9) Create and support a culture of entrepreneurship where new enterprise and innovation, especially within the high-tech industry, require private capital to grow and thrive.

10) Continuously seek ways to capitalize on Vermont’s key natural resources such as granite, wood, marble and agriculture with substantial consideration to value added products.

11) Encourage the creation, rehabilitation, and preservation of housing that is affordable to working Vermonters.

12) Encourage the reuse of buildings, manufacturing facilities and other infrastructure in our traditional downtown areas.

13) Assure that the State’s efforts, and those of this Jobs Cabinet, to maintain and create new jobs recognize the importance of assuring Vermont’s environmental heritage and ethic, and that the quality of our environment will support the goals of the Jobs Cabinet, and that a strengthened economy will benefit the State’s ability to protect the environment.

14) Advise the Governor on the effectiveness of this Order on job creation and retention in Vermont.

This Executive Order shall take effect upon execution.

Executive Order 01-00 is hereby revoked and rescinded.

Dated April 11, 2003.

Executive Order No. 3-45 (No. 10-03) [Executive Code of Ethics.

Superseded and replaced by Executive Order No. 09-11 (codified as Executive Order No. 3-53), dated July 21, 2011.

Executive Order No. 3-46 (No. 06-05) [Rescinding Certain Executive Orders.

WHEREAS, the Governor has the power under 3 V.S.A., chapter 41 to alter the organization of the Executive Branch through use of the Executive Order; and

WHEREAS, the Executive Order has been used over the years for a variety of purposes, including the creation of certain boards, councils and commissions, and the reorganization of the Executive Branch; and

WHEREAS, these orders are of continuous effect unless expressly limited in duration, or revoked, rescinded or superseded; and

WHEREAS, certain executive orders are either no longer useful, no longer effective, or have been superseded by legislative enactment, and yet remain in existence.

NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby revoke and rescind the following Executive Orders:

Executive Order #3-1 (formerly 13-69) dated October 17, 1969 (Planning & Community Service Agency);

Executive Order #3-4 (formerly 21-78) dated August 25, 1978 (Transfer of Utility Driver Position from Agency of Human Services to Purchasing Division, Agency of Administration);

Executive Order #3-5 (formerly 32-79) dated July 2, 1979 (Transfer of Clerk B Position from Office of Secretary of State to Division of Public Records, Agency of Administration);

Executive Order #3-10 (formerly 20-86) dated April 10, 1986 (Governor’s Commission on Women);

Executive Order #3-11 (formerly 35-87) dated August 6, 1987 (Abolition of Certain Departments and Divisions and Establishment of the Department of General Services and Department of Finance & Management);

Executive Order #3-12 (formerly 36-87) dated January 14, 1987 (Transfer of Certain Positions and Appropriations from Agency of Environmental Conservation, Department of Water Resources to Department of Labor & Industry);

Executive Order #3-13 (formerly 45-87) dated July 7, 1987 (Transfer of Certain Positions, Functions and Appropriations of Certain Agencies and the Central Support Services Revolving Fund to Department of General Services);

Executive Order #3-16 (formerly 1-91) dated January 15, 1991 (Transfer of Duties and Director of Office of Economic Opportunity From Agency of Human Services to Department of Prevention, Assistance, Transition, and Health Access);

Executive Order #3-17 (formerly 2-91) dated January 15, 1991 (Transfer of Duties Relating to Public Drinking Water Program and Positions and Equipment of Division of Environmental Health from Department of Health to Department of Environmental Conservation);

Executive Order #3-22 (formerly 3A-92) dated June 15, 1992 (Recognition, Structure and Powers of Vermont Center for Geographic Information and Transfer of Functions from Geographic Information Services);

Executive Order #3-28 (formerly 11-94) dated October 20, 1994 (Reimbursement for Members of the Governor’s Commission on Women);

Executive Order #10-1 (formerly 25-70) dated June 1, 1970 (Environmental Conservation Agency);

Executive Order #10-2 (formerly 26-70) dated July 1, 1970 (Transfer of Functions Relating to Water Pollution, Air Pollution, Radiation Pollution, Waste Disposal and Granting Permits to Environmental Conservation Agency);

Executive Order #10-3 (formerly 29-71) dated January 14, 1971 (Transfer of Tourist Information and Outdoor Advertising Functions to Agency of Development and Community Affairs);

Executive Order #10-4 (formerly 34-71) dated April 15, 1971 (Transfer of Funds to Agency of Development and Community Affairs);

Executive Order #10-5 (formerly 43-71) dated October 6, 1971 (Transfer of Functions Relating to Industrial Hygiene and Ionizing Radiation to Department of Health);

Executive Order #10-6 (formerly 10a-77) dated September 27, 1977 (Transfer of Duties and Functions of Division of Outdoor Advertising);

Executive Order #10-7 (formerly 61-81) dated August 26, 1981 (Transfer of Division of Protection, Agency of Environmental Conservation to Department of Water Resources and Environmental Engineering);

Executive Order #10-11 (formerly 71-89) dated January 13, 1989 (Transfer of Authority to Administer Solid Waste Grant Programs from Secretary of Development and Community Affairs to Secretary of Natural Resources);

Executive Order #10-12 (formerly 84-90) dated January 22, 1990 (Designation of Department of Environmental Conservation and Department of Housing And Community Affairs as Agencies to Administer 10 V.S.A. Chapter 153);

Executive Order #16-1 (formerly 11-93) dated October 14, 1993 (Identification of Vermont Higher Education Council as Postsecondary Review Entity);

Executive Order #16-3 (formerly 13-94) dated November 21, 1994 (Vermont Goals 2000 Commission);

Executive Order #17-1 (formerly 21-86) dated April 17, 1986 (Provision of Nonpartisan Voter Registration Services by State Agencies);

Executive Order #18-5 (formerly 14-91) dated November 26, 1991 (Rabies Task Force);

Executive Order #18-8 (formerly 03-94) dated February 9, 1994 (Drug Policy Cabinet);

Executive Order #19-1 (formerly 12-91) dated November 21, 1991 (Functions of Division of Planning, Agency of Transportation;

Executive Order #19-2 (formerly 04-94) dated April 6, 1994 (Designation of Agency of Transportation as Administrator of the Highway Safety Program);

Executive Order #20-4 (formerly 58-88) dated January 29, 1988 (Veterans’ Advisory Council);

Executive Order #21-1 (formerly 36-70) dated September 1, 1970 (Transfer of Funds and Responsibilities for Program of Day Care Services for Children of Working Mothers and Guardians);

Executive Order #21-2 (formerly 55-81) dated January 13, 1981 (Administration of Comprehensive Employment and Training Office);

Executive Order #21-3 (formerly 4-85) dated April 18, 1985 (Wage Rates on Rouse’s Point Bridge Project);

Executive Order #21-4 (formerly 02-93) dated January 21, 1993 (Governor’s Advisory Council on Workers’ Compensation);

Executive Order #21-7 (formerly 06-01) dated September 21, 2001 (Transfer of the Division of Occupational Health from the Department of Health to the Department of Labor and Industry);

Executive Order #23-1 (formerly 20-70) dated April 27, 1970 (Truck Permit Section);

Executive Order #30-1 (formerly 30-76) dated May 12, 1976 (Department of Bus, Rail, Waterways and Motor Carrier Services);

Executive Order #33-1 (formerly 3-73) dated January 12, 1973 (Cash Recipients of Social Services);

Executive Order #33-2 (formerly 2-77) dated January 14, 1977 (Licensing & Regulation Division, Human Services Agency);

Executive Order #33-3 (formerly 19-78) dated June 30, 1978 (Positions Transferred to Agency of Human Services);

Executive Order #33-4 (formerly 28-79) dated March 2, 1979 (Work Incentive Program);

Executive Order #33-5 (formerly 33-79) dated July 2, 1979 (Transfer of Typist C Position from Secretary of State to Division of Vital Statistics, Department of Health, Agency of Human Services);

Executive Order #33-6 (formerly 40-79) dated September 28, 1979 (Transfer of Van, Utility Driver and Mail Clerk A from Agency of Administration, Division of Purchasing, to Agency of Human Services, Central Office);

Executive Order #33-8 (formerly 48-87) dated July 17, 1987 (Vermont Housing Roundtable).

This Executive Order shall take effect upon signing.

Dated September 13, 2005.

Executive Order No. 3-47 (No. 06-06) [Vermont State Craft Center Overview Commission.

Superseded and replaced by Executive Order 09-09 (codified as Executive Order No. 3-49), dated October 15, 2009.

Executive Order No. 3-48 (No. 01-09) [Merger of Department of Housing and Community Affairs and Department of Economic Development within the Agency of Commerce and Community Development.

Revoked by Executive Order 01-13 (codified as Executive Order No. 3-56), dated January 11, 2013.

Executive Order No. 3-49 (No. 09-09) [Vermont State Craft Center Overview Commission.

Superseded and replaced by Executive Order No. 12-12 (codified as Executive Order No. 9-2), dated October 31, 2012.

Executive Order No. 3-50 (No. 10-09) [Rescinding Certain Executive Orders.

WHEREAS, the Governor has the power under 3 V.S.A., chapter 41 to alter the organization of the Executive Branch through use of the Executive Order; and

WHEREAS, the Executive Order has been used over the years for a variety of purposes, including the creation of certain boards, councils and commissions, and the reorganization of the Executive Branch; and

WHEREAS, these orders are of continuous effect unless expressly limited in duration, or revoked, rescinded or superseded; and

WHEREAS, certain executive orders are either no longer useful, no longer effective, or have been superseded by legislative enactment, and yet remain in existence.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby revoke and rescind the following Executive Orders:

Executive Order 68-88 (codified as #10-10) dated November 17, 1988 (State Agencies Designated as Having Programs Affecting Land Use or Exempted from Compliance with all Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Planning Implementation Committee);

Executive Order 70-89 (codified as #3-15) dated January 13, 1989 (Abolition of Office on Aging and Transfer of Functions of Certain Divisions to and Establishment of Department of Rehabilitation and Aging);

Executive Order 97-90 (codified as #22-3) dated November 22, 1990 (Governor’s Advisory Commission on Native American Affairs);

Executive Order 99-90 (codified as #10-14) dated December 31, 1990 (Approval of Interim State Agency Land Use Plans);

Executive Order 13-91 (codified as #10-16) dated November 21, 1991 (State Agencies Designated as Having Programs Affecting Land Use in Compliance with Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Implementation Committee);

Executive Order 01-99 (codified as #21-6) dated February 1, 1999 (Vermont State Workforce Investment Board);

Executive Order 12-03 (codified as #5-5) dated August 5, 2003 (Vermont Transportation Operations Council);

Executive Order 17A-03 (codified as #13-3) dated November 17, 2003 (Governor’s Commission on Corrections Overcrowding);

Executive Order 02-04 (codified as #10-31) dated April 8, 2004 (Vermont Clean State Program);

Executive Order 04-06 (codified as #15-8) dated June 29, 2006 (Creation of the Vermont Council on Domestic Violence);

Executive Order 08-06 (codified as #30-9) dated November 4, 2006 (Statewide Telecommunications Advancement);

Executive Order 01-07 (codified as #13-4) dated February 9, 2007 (Vermont Victim/Survivor Crime Council).

This Executive Order shall take effect upon signing.

Dated December 23, 2009

Executive Order No. 3-51 (No. 01-10) [Transfer of Certain Personnel Positions Within State Government to the Department of Human Resources.

WHEREAS, the Governor, pursuant to 3 V.S.A. § 2001 , may make such changes in the organization of the executive branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, it is desirable to reorganize the departments and divisions of government by better coordinating certain activities and improve the coordination and effectiveness of services to the public; and

WHEREAS, the Governor, pursuant to 3 V.S.A. § 209 , may transfer, temporarily or permanently, subordinates of any one department to another, as the needs of the State require and shall “provide for and require a practical working system to insure efficiency and mutual helpfulness among the departments” of State government; and

WHEREAS, the Department of Human Resources is required to provide for centralized human resources management, 3 V.S.A. § 2283(a) , and to administer the State of Vermont’s workforce, including personnel administration, labor relations, workforce training, and benefits, 3 V.S.A. § 309 et seq.; and

WHEREAS, presently, personnel functions are performed by employees within state agencies and departments who are not subject to the authority of the Department of Human Resources; and

WHEREAS, the State could improve and enhance its ability to provide services to the public through the transfer of all personnel functions and associated positions within agencies and departments to the Department of Human Resources.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me by 3 V.S.A., chapter 41 as Governor, do hereby:

1. Transfer, effective July 1, 2010, the following positions and incumbents from the Agencies and Departments designated below to the Department of Human Resources:

   Position # Position Title and Agency/Department

   Administration

   040518 AoA Human Resource Director

   040519 Personnel Administrator D

   040520 Personnel Administrator D

   Human Services

   720005 Human Services Personnel Chief

   720020 Personnel Administrator D

   720016 HR Coordinator

   720009 Personnel Administrator D

   720018 HR Coordinator

   720026 AHS Personnel Assistant

   720017 Corrections Human Resources Administrator

   720107 AHS Personnel Assistant

   720019 Personnel Administrator B

   720023 AHS Personnel Assistant

   620004 VVH Human Resources Administrator

   620179 Personnel Administrator A

   720057 AHS Investigation Chief

   720056 AHS Investigator

   720055 AHS Investigator

   Natural Resources

   630071 Agency Human Resources Chief

   630017 Human Resources Technician

   630016 Personnel Administrator C

   Transportation

   860549 AOT Human Resources Chief

   860304 AOT Human Resources Manager

   860461 Personnel Administrator C

   860003 Personnel Administrator D

   860685 Personnel Administrator C

   860285 Human Resources Administrator

   861702 AOT Human Resources Spec III

   861263 Personnel Administrator B

   860935 Personnel Administrator D

   860118 Personnel Administrator D

   860275 AOT Investigator

   BISHCA

   290089 Personnel Administrator C

   Education

   770187 Education Human Resource Administrator

   Labor

   820429 VT DOL Human Resource Admin

   820464 Personnel Administrator C

   820087 Administrative Assistant B

   Military

   320105 Personnel Administrator D

   Public Safety

   330121 Pub Safety Human Resources Manager

   330310 Personnel Administrator C

   Liquor Control

   310002 Personnel Administrator B

   Lottery

   800012 Personnel Administrator A

2. Transfer, effective July 1, 2010, any and all appropriations associated with the above listed positions from the affected Agencies and Departments to the Department of Human Resources.
3. Transfer, effective July 1, 2010, the functions, equipment, supplies and inventory associated with the above listed positions from the affected Agencies and Departments to the Department of Human Resources.
4. Direct the Commissioner of the Department of Human Resources to define the position duties and take appropriate classification actions prior to the effective date of the transfer.  The Commissioner shall also take, with the assistance of the Agency Secretaries and Department Commissioners affected by the transfer, any and all necessary actions to organize, plan and effect an orderly transfer and transition.

   This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002(b) and shall take effect on April 16, 2010, unless disapproved by resolution of the General Assembly.

   Dated January 14, 2010.

Executive Order No. 3-52 (No. 04-10) [Interagency Committee on Administrative Rules.

WHEREAS, Section 820 of Title 3 of Vermont Statutes Annotated created an Interagency Committee on Administrative Rules (ICAR); and

WHEREAS, members of ICAR shall be appointed by the Governor from the executive branch of state government and serve at his pleasure; and

WHEREAS, the functions and duties of ICAR are those established by law and include “review of existing and proposed rules of agencies designated by the Governor for style, consistency with the law, legislative intent and the policies of the Governor;” and

WHEREAS, the functions and duties of ICAR may also include duties and responsibilities directed by the Governor; and

WHEREAS, Section 49 of Act 149 of 2002 (Adj. Sess.) amended the laws pertaining to rule-making to require that all rules be pre-filed with ICAR; and

WHEREAS, these amendments to law necessitate the updating of the current executive orders relating to ICAR.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont do hereby order the following with respect to the functions and duties of the Interagency Committee on Administrative Rules and the responsibilities of state agencies and departments who initiate rulemaking:

1. No state agency or department shall initiate rulemaking under chapter 25 of  Title 3 (the Administrative Procedures Act) without first pre-filing the rule with ICAR.
2. Prior to adopting emergency rules in accordance with 3 V.S.A. § 844 , agencies and departments of state government shall submit the emergency rules to the Chair of ICAR for a determination of appropriateness by the Chair.
3. The Secretary of Administration or his or her designee shall serve as Chair of ICAR. Members of ICAR shall be appointed by the Governor from the executive branch and shall serve at his or her pleasure.

   This Executive Order supersedes and replaces Executive Orders No. 14-78 (codified as E.O. 3-3), dated April 7, 1978 and No. 56-88 (codified as E.O. 3-14), dated January 8, 1988.

   This order shall take effect on July 1, 2010.

   Dated July 2, 2010.

Executive Order No. 3-53 (No. 09-11) [Executive Code of Ethics.

Superseded and replaced by Executive Order No. 3-84 (codified as Executive Order No. 19-17), dated December 4, 2017.

Executive Order No. 3-54 (No. 01-12) Addendum to Executive Order No. 02-09 [Renaming Vermont Commission on National and Community Service.

The Vermont Commission on National and Community Service, originally established by Executive Order No. 09-98, and presently governed by Executive Order No. 02-09, is hereby renamed SerVermont.

This Order shall amend Executive Order 02-09 (codified as No. 33-18), and shall take effect upon signing.

Dated January 17, 2012.

Executive Order No. 3-55 (No. 04-12) [Protection of Vermont State Hospital Employees Subject to a Reduction in Force Due to Tropical Storm Irene.

WHEREAS, the Department of Human Resources has provided official notice to the Vermont State Employees Association (“VSEA”) and affected employees that 80 state employees who worked at the Vermont State Hospital (“VSH”) in Waterbury will be separated from state service effective April 13, 2012;

WHEREAS, the Secretary of Administration and the Department of Human Resources have worked with the VSEA over the last few months to mitigate the impact of the reduction in force; and

WHEREAS, The Governor, the House, and the Senate have all worked diligently to support and protect these employees and will work to provide as many opportunities for state employment as is mutually possible.

NOW THEREFORE BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby establish and order as follows:

1. Mitigation of the impact of the reduction in force to affected employees

   A. The Job Offer Program: The Department of Human Resources and VSEA negotiated a pre-RIF jobs program that permits Vermont State Hospital employees to receive mandatory offers of employment to other positions in the Agency of Human Services prior to any actual reduction in force (the Job Offer Program). As part of the Job Offer Program, the Department of Human Resources hosted several informational meetings and a day-long event where employees could meet with recruitment counselors to get additional information about the program and the potential jobs available. (To date, 41 employees elected to participate in the program and 11 found new employment in the Agency of Human Services.)

   B. Reemployment Rights, Benefits, and Trainings for Vermont State Hospital Employees Subject to the Reduction in Force:

   a. The Department of Human Resources will hold a number of meetings at which information concerning reemployment rights, retirement options, benefits continuation, the employees’ assistance program, unemployment insurance and job training opportunities will be addressed. The Department of Human Resources will hold job fair meetings for impacted employees to provide information about existing job openings and assist employees with applying for these jobs.

   b. The Vermont Department of Labor will assist the Department of Human Resources by identifying available federal and state training funds and grant opportunities to assist with skill assessment, job retraining, job development, on-the-job and apprenticeship programs, and other reemployment assistance to the affected employees.

   c. The Departments of Human Resources and Labor will coordinate to hold job fair meetings for impacted employees to provide information about existing job openings and assist employees with applying for those jobs.

   d. The Administration is committed to working diligently with the VSEA to place VSH employees subject to the RIF in jobs within state government in accordance with the terms of the applicable collective bargaining agreements.

   C. Mandatory Job Offers to Employees Who Continue to Work for State Government: The Department of Human Resources also worked with the VSEA to address the rights that Vermont State Hospital employees may have for reemployment at any successor State Hospital. The Department and VSEA negotiated language that is included in H.630 to give any VSH employee subject to the RIF, but later rehired by state government, the opportunity to return to their prior job when the new state hospital opens, subject to seniority and other contract rights and obligations.

   D. Mandatory Job Offers to Employees Who Leave State Government and Wish to Return: In addition, for displaced employees who take jobs outside state government, the proposed language extends reemployment rights under the collective bargaining agreements until one year after the opening of the successor facility. In this way, VSH employees who are no longer employed by state government will have reemployment possibilities at any successor hospital.

   E. Posting of Job Openings: The Department of Human Resources shall post all open positions that involve providing care to individuals with mental health conditions that are provided to the Department by participating hospitals developing inpatient, secure residential, and intensive residential recovery services.

2. Effective Date

   This Order shall take effect upon signing.

   Dated February 29, 2012.

Executive Order No. 3-56 (No. 01-13) [Revocation of Executive Order 3-48 and Renaming the Department of Housing and Community Affairs the Department of Housing and Community Development.

WHEREAS, the Governor, pursuant to 3 V.S.A. § 2001 , may make such changes in the organization of the executive branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, via Executive Order 3-48 (No. 1-09), Governor James H. Douglas, with the approval of the General Assembly pursuant to 3 V.S.A. § 2002 , merged the Department of Housing and Community Affairs with the Department of Economic Development within the Agency of Commerce and Community Development; and

WHEREAS, the merger of these two departments with the Agency of Commerce and Community Development is no longer deemed to be in the best interest of the State;

NOW THEREFORE, I, Peter Shumlin, by the power vested in me as Governor, do revoke Executive Order 3-48 and rename the Department of Housing and Community Affairs the Department of Housing and Community Development.

This Executive Order shall take effect on April 12, 2013, or before final adjournment of the annual session, whichever comes first, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002 . This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 (b) .

Dated January 11, 2013.

Executive Order No. 3-57 (No. 02-13) [Transfer of Certain Technology Positions to the Department of Information and Innovation.

WHEREAS, the Governor, pursuant to 3 V.S.A. § 209 and 3 V.S.A. § 2001 , may make changes in the organization of the executive branch as he considers necessary for efficient administration; and

WHEREAS, the State could improve and enhance its ability to provide services to the public through the transfer of certain technology support positions from the Agency of Human Services (AHS) to the Department of Information and Innovation (DII);

NOW THEREFORE, I, Peter Shumlin, by the power vested in me as Governor, do hereby:

1. Transfer, effective July 1, 2013, the following positions and incumbents from AHS to DII:

   Click to view

2. Transfer, effective July 1, 2013, the functions, equipment, supplies and inventory associated with the above listed positions from AHS to DII.  Any and all appropriations will remain with AHS, as DII will charge AHS for services consumed.
3. Direct the Commissioner of DII to define the position duties and take appropriate classification actions through the Department of Human Resources prior to the effective date of the transfer. The Commissioner shall also take, with the assistance of the Agency Secretaries and Department Commissioners affected by the transfer, any and all necessary actions to organize, plan and affect an orderly transfer and transition.

   This Executive Order shall take effect on April 12, 2013, or before final adjournment of the annual session, whichever comes first, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002 . This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 (b) .

   Dated January 11, 2013.

Position No. HR Title 1 720084 IT Specialist I 2 720086 IT Sys Admin 3 720085 IT Specialist III 4 720003 Help Desk Sp II 5 720065 Network Admin II 6 720150 IT Security 7 720130 AHS Security Director 8 720083 IT Specialist II 9 720106 IT Specialist II 10 720098 Agency IT Procurement Services Specialist 11 720105 IT Specialist II 12 720059 Network Admin III 13 720087 Network Admin III 14 720090 IT Specialist II 15 750516 IT Specialist III 16 720104 Help Desk Sp II 17 720089 IT Specialist I 18 720093 IT Specialist II 19 720102 Network Admin II 20 720096 IT Specialist II 21 720082 IT Manager I 22 720100 IT Sys Admin 23 720103 IT Specialist II 24 720094 Network Admin II 25 720092 IT Sys Admin 26 720095 Network Admin II

Executive Order No. 3-58 (No. 03-13) [Governor’s Business Advisory Council on Health Care Financing.

Expired by its own terms, effective July 15, 2015.

Executive Order No. 3-59 (No. 10-13) [Governor’s Workforce Equity and Diversity Council and Development of an Equal Employment Opportunity Program.

WHEREAS, the State of Vermont is an employer committed to the practice of equal opportunity in all aspects of employment in state government, and

WHEREAS, the State of Vermont is committed to promoting equal employment opportunities by identifying obstacles to employment and career advancement, and endeavoring to remove those obstacles without regard to race, color, religion, national origin, sex, sexual orientation, gender identity, ancestry, place of birth, age, physical or mental condition, or HIV status, and

WHEREAS, the Department of Human Resources is developing a statewide Workforce Planning process that will reflect the benefits of diversity and promote a talented and skilled workforce.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby re-establish and re-constitute the “Governor’s Workforce Equity and Diversity Council” and order as follows.

1. Composition, Appointments, and Process.

   The Council shall have up to fifteen members, including:

   — The Commissioner of Human Resources or designee,

   — The Commissioner of Labor or designee,

   — The Commissioner of the Department of Disabilities, Aging and Independent Living or designee,

   — A representative from the Vermont State Employees’ Association,

   — A representative of the Attorney General’s Office,

   — A representative of the Vermont Commission on Women,

   — Up to seven members of the public belonging to historically under-represented or disadvantaged groups, or working for organizations that advocate for such groups or promote the practices of equal opportunity, appointed by the Governor,

   — Up to two at large members appointed by the Governor.

   Each year the Council shall elect at least one member, but no more than two members, to serve as chair or co-chairs of the Council.

   The term of office for Council members shall be two years, with members serving at the pleasure of the Governor. Members may be reappointed to subsequent two year terms.

   The Council shall be attached to the Department of Human Resources for administrative support. To the extent funds permit, members of the Council who are not state employees shall receive a per diem pursuant to 32 V.S.A. § 1010(e) .

2. Charge.

   The Council’s duties include but are not limited to the following:

   A. Consult with and advise the Commissioner of Human Resources and the Secretary of Administration regarding development, implementation, and the maintenance of the state’s Equal Employment Opportunity and Diversity Program(s), and shall report on the integration of diversity issues with statewide planning and development efforts;

   B. Meet on a regular basis to ensure ongoing coordination of efforts, monitoring of activities against goals and objectives, and compliance with applicable federal and state laws, mandates, and union contracts, and

   C. The Council may establish ad hoc subcommittees and appoint advisors as needed to address specific issues that may arise.

   In addition, the Commissioner of Human Resources, with the assistance of the Council, shall:

   A. With the approval of the Secretary of Administration, develop, implement, and monitor an Equal Employment Opportunity Program for the State of Vermont that addresses statewide diversity issues and provides support to each state agency or department in developing and implementing individual diversity programs tailored to agency/department needs, and

   B. Work with agencies and departments in the preparation, monitoring, and enforcement of agency or department-specific equal employment opportunity and diversity programs, and

   C. Work with human resources administrators and labor relations specialists to make available appropriate training and provide support for all agencies and departments, and

   D. Ensure that equal opportunity and diversity is an integral part of workforce planning and development throughout the Executive Branch.

   E. Submit an annual report to the Governor regarding the progress of the current year’s Equal Employment Opportunity Plan and diversity initiatives by January 15th, and

   F. Submit the state’s Equal Employment Opportunity Plan for the next fiscal year by April 30th for approval by the Governor.

3. Effective Date.

   This Executive Order shall take effect upon signing, shall supersede Executive Order 09-02, and shall continue in full force and effect until further order by the Governor.

   Dated December 31, 2013.

Executive Order No. 3-60 (No. 01-14) [Governor’s Consumer Advisory Council on Health Care Reform.

Expired by its own terms, effective July 15, 2015.

Executive Order No. 3-61 (No. 02-14) [Governor’s Criminal Justice and Substance Abuse Cabinet.

Superseded and replaced by Executive Order No. 3-77 (codified as Executive Order No. 03-77), dated January 5, 2017.

Executive Order No. 3-62 (No. 03-14) [Governor’s Law Enforcement Officer Coordinating Council.

WHEREAS, state, county, and local police agencies play a unique role in protecting and supporting their communities;

WHEREAS, law enforcement officers are increasingly first-responders on a variety of complex social issues, from substance abuse to mental illness to family violence; and

WHEREAS, sharing of information and policy recommendations among state, county, and local police agencies and the Governor’s Administration is beneficial to the collective goal of improving public safety for all Vermonters.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby establish a Governor’s Law Enforcement Officer Coordinating Council as follows:

1. Composition and Process.

   The Council shall consist of the President of the Sheriff’s Association or designee, the President of the Police Chiefs Association or designee, the President of the Police Association or designee, the Commissioner of Public Safety or designee, and the Governor’s Counsel. The Council shall be chaired by the Governor’s Counsel and shall meet no less than quarterly at the call of the Chair.

2. Effective Date.

   This Order shall take effect upon signing and shall expire on July 15, 2019.

   Dated June 17, 2014

Executive Order No. 3-63 (No. 04-14) [VtSHARES Coordinating Committee.

WHEREAS, for many years Vermont state employees have joined with other citizens in support of voluntary charitable services;

WHEREAS, state employees share feelings of civic responsibility and deserve the same opportunity as their neighbors employed in the private sector or by the federal government to discharge that responsibility efficiently and with the knowledge that their charitable contributions will be used accountably and in a way that will provide maximum benefits; and

WHEREAS, organized charitable campaigns are permitted under 29 V.S.A. § 5 .

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby re-establish and re-constitute the “State Employee Combined Charitable Appeal Committee” as the VtSHARES Coordinating Committee and order as follows:

1. Composition, Appointments, and Process.

   The VtSHARES Coordinating Committee shall consist of the Secretary of Administration and at least four other persons appointed by the Governor who will serve at the pleasure of the Governor. The Governor may delegate his appointment authority under this Order to the Secretary of Administration.

   The Committee shall be chaired by the Secretary of Administration or his or her designee. The Committee shall meet at the call of the Chair and may designate additional committees as necessary to administer the VtSHARES campaign.

   The Agency of Administration shall provide administrative support to the Committee.

2. Charge.

   The Committee shall review and, if approved by the Governor, make arrangements for the VtSHARES campaign and other such organized charitable campaigns as the Committee deems appropriate to solicit funds from state employees at their places of employment or duty stations. In making these arrangements, the Committee shall consult with appropriate interested persons, organizations, state agencies and departments.

   Upon authorization of an organized charitable campaign by the Committee, the Committee shall recommend appropriate action or authorization of the campaign by the Governor pursuant to 29 V.S.A. § 5 .

3. Effective Date.

   This Executive Order shall take effect upon signing.

   Dated October 7, 2014

Executive Order No. 3-64 (No. 05-14) [Accessibility of Buildings Used for Public Meetings to People with Disabilities.

WHEREAS, section 504 of the Rehabilitation Act of 1973 and Title II of the Americans with Disabilities Act provide that programs and buildings financed in part or in whole by a grant or loan from the federal government must be accessible to people with disabilities;

WHEREAS, since 1981, Vermont law regarding public buildings has required that a person shall not construct or permit construction of a public building unless the specifications equal those of the American National Standards Institute and current Americans with Disabilities Act Accessibility Guidelines related to making buildings and facilities accessible to and usable by people with physical disabilities;

WHEREAS, an estimated 92,000 Vermonters have disabling conditions that are significantly restrictive and can be exclusive unless reasonable accommodations are made;

WHEREAS, all Vermonters with disabilities should have access to and use of buildings and facilities where the functions of State Government are conducted; and

WHEREAS, it is the policy of the State of Vermont to conduct all state business in barrier-free facilities.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont do hereby direct that all meetings that are open to the public where Vermont State Government business is conducted shall be held in buildings or facilities accessible to and usable by people with disabilities.

This Order shall take effect upon signing and supersedes and replaces Executive Order 28-86 (codified as No. 29-14).

Dated October 21, 2014

Executive Order No. 3-65 (No. 07-14) [Transfer of Certain Medicaid Policy Positions to the Agency of Human Services Central Office.

WHEREAS, the Governor, pursuant to 3 V.S.A. § 209 and § 2001, may make changes in the organization of the executive branch as he considers necessary for efficient administration; and

WHEREAS, the State can improve and enhance services to Vermonters by transferring Medicaid Policy personnel from the Department of Vermont Health Access (DVHA) to the Agency of Human Services Central Office (AHS CO).

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by the power vested in me as Governor, do hereby:

1. Transfer the following positions, incumbents, and associated functions, equipment, supplies and inventory, from DVHA to AHS CO:

   Click to view

2. Direct the Secretary of AHS to define position duties and take appropriate classification actions through the Department of Human Resources. The Secretary, with the assistance of his Commissioners, shall organize, plan, and affect an orderly transfer and transition.

   This Order shall take effect on April 7, 2015, or before final adjournment of the annual session, whichever comes first, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002 . This Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 (b) .

   Dated December 19, 2014

Position No. HR Title 1 730010 DVHA Policy Director 2 730015 Health Access Policy and Planning Chief 3 730101 Health Programs Administration 4 730022 Health Programs Administrator 5 730062 Health Programs Administrator 6 730285 Health Programs Administrator 7 730104 DVHA Program Consultant

Executive Order No. 3-66 (No. 01-15) [Revocation of Certain Executive Orders.

WHEREAS, Governors have created various executive orders over the years, some of which have become obsolete by the passage of time or by other provisions of law; and

WHEREAS, Governors have periodically sought to update existing executive orders, including by revoking and rescinding orders that no longer serve the purpose for which they were enacted;

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby revoke and rescind the Executive Orders listed below:

1. Orders Revoked.

   Chapter 3: Executive

   Executive Order No. 01-94 (codified as No. 3-26) dated January 12, 1994 (Abolition of Department of Taxes and Creation of Department of Revenue);

   Chapter 10: Conservation and Development

   Executive Order No. 24-86 (codified as No. 10-8) dated June 11, 1986 (Program for Recycling of Waste Products and Revision of State Solid Waste Management Plan);

   Chapter 15: Domestic Relations

   Executive Order No. 16-11 (codified as No. 15-10) dated November 17, 2011 (Governor’s Prevention of Domestic and Sexual Violence Task Force);

   Chapter 18: Health

   Executive Order No. 12-11 (codified as No. 18-21) dated September 20, 2011 (Designation of Vermont State Hospital at Springfield, Vermont);

   Chapter 20: Internal Security and Public Safety

   Executive Order No. 12-85 (codified as No. 20-2) dated July 15, 1985 (Activation of Vermont National Guard for Assistance of Civilian Authorities in City of Barre);

   Executive Order No. 51-87 (codified as No. 20-3) [undated] (Order Into Service of Vermont National Guardsmen for Assistance to Civilians and Authorities of State and Bennington County);

   Executive Order No. 77-89 (codified as No. 20-5) dated August 8, 1989 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Washington County);

   Executive Order No. 6-91 (codified as No. 20-7) dated May 1, 1991 (Utilization of National Guard to Carry Out Vermont’s Drug Enforcement Support Plan);

   Executive Order No. 3-95 (codified as No. 20-8) dated July 29, 1995 (Activation of National Guard to Assist Vermont State Police and the City of Burlington);

   Executive Order No. 4-95 (codified as No. 20-9) dated August 8, 1995 (Declaration of State of Emergency for Caledonia, Chittenden, Essex, Lamoille, Orleans and Washington Counties);

   Executive Order No. 5-95 (codified as No. 20-10) dated August 8, 1995 (Activation of National Guard to Assist State and Local Officials in Stabilizing Conditions Resulting From Flooding);

   Executive Order No. 8-96 (codified as No. 20-11) dated January 24, 1996 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for State of Vermont);

   Executive Order No. 11-96 (codified as No. 20-12) dated June 14, 1996 (Declaration of State of Emergency for Windham and Windsor Counties);

   Executive Order No. 12-96 (codified as 20-13) dated June 14, 1996 (Activation of National Guard to Assist in Flood Recovery Operations in Windham County);

   Executive Order No. 1-97 (codified as No. 20-14) dated July 15, 1997 (Declaration of State of Emergency for Franklin, Lamoille, and Orleans Counties);

   Executive Order No. 2-97 (codified as No. 20-15) dated July 15, 1997 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Franklin, Lamoille, and Orleans Counties);

   Executive Order No. 1-98 (codified as 20-16) dated January 8, 1998 (Declaration of State of Emergency for Grand Isle County);

   Executive Order No. 2-98 (codified as No. 20-17) dated January 8, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Grand Isle County);

   Executive Order No. 3-98 (codified as No. 20-18) dated January 9. 1998 (Declaration of State of Emergency for Chittenden, Franklin, and Addison Counties);

   Executive Order No. 4-98 (codified as No. 20-19) dated January 9, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Chittenden, Franklin, and Addison Counties);

   Executive Order No. 6-98 (codified as No. 20-20) dated June 28, 1998 (Declaration of State of Emergency for Addison, Orange, Washington, and Windsor Counties);

   Executive Order No. 7-98 (codified as No. 20-21) dated June 28, 1998 (Activation of National Guard to Assist in Flood Recovery Operations and Security in Addison, Orange, Washington, and Windsor Counties);

   Executive Order No. 8-99 (codified as No. 20-22) dated July 8, 1999 (Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Town of Springfield);

   Executive Order No. 9-99 (codified as No. 20-23) dated July 8, 1999 (Activation of National Guard to Assist in Recovery Operations and Security in Town of Springfield);

   Executive Order No. 5-00 (codified as No. 20-25) dated July 17, 2000 (Declaration of State of Emergency and Activation of Emergency-Disaster Preparedness Plan for Addison, Bennington, Windham and Windsor Counties);

   Executive Order No. 5-02 (codified as No. 20-28) dated June 12, 2002 (Declaration of State of Emergency for the County of Caledonia);

   Executive Order No. 5-05 (codified as No. 20-32) dated September 2, 2005 (Activation of National Guard to Assist in Hurricane Recovery Operations and Security in the State of Louisiana);

   Executive Order No. 4-07 (codified as No. 20-34) dated April 17, 2007 (Declaration of State of Emergency and Activation of Emergency Operations Plan for State of Vermont), and addendum dated April 24, 2007;

   Executive Order No. 5-08 (codified as No. 20-37) dated December 15, 2008 (Declaration of State of Emergency and Activation of Emergency Operations Plan for Bennington, Orange, Windham, and Windsor Counties), and addendum dated December 22, 2008;

   Chapter 30: Public Service

   Executive Order No. 56-81 (codified as No. 30-2) dated January 13, 1981 (Transfer of Energy Office From Agency of Administration to Department of Public Service);

   Executive Order No. 9-94 (codified as No. 30-3) dated May 20, 1994 (Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line);

   Executive Order No. 9-95 (codified as No. 30-4) dated December 28, 1995 (Extension of Declaration of Energy Emergency with Respect to Damaged PV20 Transmission Line);

   Executive Order No. 10-12 (codified as No. 30-10) dated October 2, 2012 (Governor’s Energy Generation Siting Policy Commission);

   Chapter 32: Taxation and Finance

   Executive Order No. 32-86 (codified as No. 32-1) dated November 6, 1986 (Allocation of 1986 State Ceiling on Tax Exempt Private Activity Bonds);

   Executive Order No. 38-87 (codified as No. 32-2) dated January 30, 1987 (Interim Allocations of 1987 State Ceiling on Tax Exempt Private Activity Bonds);

   Executive Order No. 55-87 (codified as No. 32-5) dated December 29, 1987 (Allocation of 1987 State Ceiling on Tax Exempt Private Activity Bonds);

   Executive Order No. 14-11 (codified as No. 32-9) dated November 2, 2011 (Private Activity Bond Advisory Committee), superseded by 32 V.S.A. § 994 .

2. Effective Date.

   This Executive Order shall take effect upon signing.

   Dated February 13, 2015

Executive Order No. 3-67 (No. 03-15) [Ban the Box Hiring Policy.

WHEREAS, Vermonters with criminal records suffer from discrimination in many areas of life, including employment opportunities;

WHEREAS, state government is committed to modeling fair hiring practices for all Vermont employers;

WHEREAS, too many Vermonters with criminal records are unable to successfully re-enter their communities due to lack of employment and self-sufficiency;

WHEREAS, Vermonters with criminal records represent a workforce with skills to contribute and a desire to add value to their communities;

WHEREAS, studies indicate that stable employment is one of the best predictors of post-conviction success;

WHEREAS, employment of those with criminal records promotes public safety and cost-containment by significantly reducing the risk of recidivism and incarceration;

WHEREAS, a “ban the box” hiring policy increases the opportunity of applicants with criminal records to explain their circumstances while preserving employers’ ability to ultimately conduct a criminal background check as part of the hiring process;

WHEREAS, such a policy removes questions related to a job applicant’s criminal record in the initial stage of many employment applications, thereby preventing the conviction from serving as an immediate reason for screening out an applicant when the conviction may have little or no bearing on the work to be performed;

WHEREAS, states across the country have adopted hiring practices to remove unfair barriers to employment of people with criminal records; and

WHEREAS, the U.S. Equal Employment Opportunity Commission, to maximize compliance with federal anti-discrimination law, recommends delaying inquiry of a job applicant’s conviction history and considering the job-relatedness of the conviction.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as the Governor of the State of Vermont, do hereby order and direct that the Department of Human Resources create and implement a “ban the box” hiring policy that encourages job applications from all motivated, hardworking, and otherwise qualified people, regardless of a person’s criminal record. Such a policy shall provide qualified applicants the opportunity to explain a criminal record when applying for state positions, but shall not affect positions for which a criminal conviction makes a candidate ineligible regardless of the circumstances.

This Executive Order shall take effect upon signing.

Dated April 21, 2015

Executive Order No. 3-68 (No. 06-15) [Transfer of Certain Land and Permanent Easements in the Town of Killington from ANR to VTRANS.

WHEREAS, the Agency of Transportation (“VTRANS”) needs to construct Transportation Project Killington ER 022-1(27), which involves the replacement of Bridge #118 carrying a state highway known as Vermont Route 100 over Kent Brook, and which affects land under the jurisdiction of the Agency of Natural Resources, Department of Fish and Wildlife, and Department of Forest, Parks, and Recreation (“ANR”); and

WHEREAS, VTRANS and ANR desire to complete the transfer of the necessary land and/or rights and easements from ANR to VTRANS.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to VTRANS jurisdiction and control of land and permanent easements of ANR’s described below:

1. Parcel One:

   Being part of the same land and premises conveyed to the State of Vermont by the following instruments:

   1. Warranty Deed of Susan Stodghill to the State of Vermont, dated July 20, 1991, and recorded in Book 124, Pages 149-151; and
   2. Guardian’s Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated February 8, 1958, and recorded in Book 20, Pages 470-471;

      all of the Town of Killington Land Records and being more particularly described as follows:

      Being Parcel #1, consisting of 271 square feet, land and rights therein, as shown on right of way detail sheet 1 and right of way layout sheet 1 of the revised plans of Transportation Project Killington ER 022-1(27) (“the Transportation Project”) as filed on the 20th day of May, 2015, in the office of the Clerk of the Town of Killington.

      In connection with the above parcel the following easements and/or rights are conveyed:

      A temporary easement during the period of construction to enter upon land of the grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions in an area of 597 square feet, more or less, left of and between approximate stations 103+00.00 and 103+28.60 of the established centerline of the Transportation Project.

      A permanent easement to construct and maintain the channel of a certain stream of water, known as the Kent Brook, now running on land of the grantor, including the right to install and maintain stone fill, as well as a temporary easement during the period of construction to enter upon land of the grantor to install erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans, in an area of 507 square feet, more or less, and located left of and between approximate stations 103+00.00 and 103+28.49 of the established centerline of the Transportation Project.

2. Parcel Two:

   Being part of the same land and premises conveyed to the State of Vermont by the following instruments:

   1. Guardian’s Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated January 27, 1959, and recorded at Book 21, Pages 46-47;  and
   2. Guardian’s Deed of N. Warren Fellows, as Guardian unto Clara E. Kent, to the State of Vermont, dated February 8, 1958, and recorded at Book 20, Pages 470-471.

      all of the Town of Killington Land Records and being more particularly described as follows:

      Being Parcels #2A-B, consisting of 2,055 square feet, land and rights therein, as shown on right of way detail sheet 1 and right of way layout sheet 1 of the revised plans of Transportation Project Killington ER 022-1(27) (“the Transportation Project”), as filed on the 20th day of May, 2015, in the office of the Clerk of the Town of Killington.

      In connection with the above parcel the following easements and/or rights are conveyed:

      Temporary easements during the period of construction to enter upon land of the grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions: in an area of 925 square feet, more or less, left of and between approximate stations 103+52 and 104+10; in an area of 832 square feet, more or less, right of and between approximate stations 102+44 and 103+00; and in an area of 686 square feet, more or less, right of and between approximate stations 103+52 and 104+10; all stations are of the established centerline of the Transportation Project.

      This Order shall take effect upon signing.

      Dated September 16, 2015

Executive Order No. 3-69 (No. 07-15) [Health in All Policies Task Force.

WHEREAS, the health and well-being of all Vermonters is critical for a prosperous and sustainable state;

WHEREAS, integrating consideration of health impacts into a variety of state policies, including those related to air and water quality, natural resources and agricultural land, housing, infrastructure, public health, sustainable communities, and climate change can benefit Vermonters’ quality of life and economic prosperity;

WHEREAS, such policies influence the adoption of healthy lifestyles by making it more or less difficult for individuals to choose behaviors that promote or diminish health;

WHEREAS, largely avoidable chronic illnesses are a growing burden for the State and its people, and negatively affect Vermonters’ productivity, quality of life, life expectancy, and health care costs;

WHEREAS, health is an outcome of a wide range of factors, many of which lie outside the activities of the health sector and require a shared responsibility and an integrated and sustained policy response across government; and

WHEREAS, to improve health outcomes now and in the future, agencies should collaborate with each other to ensure that health is considered when policies are developed.

NOW, THEREFORE, BE IT RESOLVED I, Peter E. Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Health in All Policies (HiAP) Task Force.

1. Composition and Charge.

   The Health in All Policies (HiAP) Task Force will identify strategies to more fully integrate health considerations into all state programs and policies, and promote better health outcomes through interagency collaboration and partnership.

   The Task Force shall be Chaired by the Commissioner of Health and staffed by the Department of Health (DOH), and shall work with representatives from the following agencies and departments:

   1. Agency of Administration
   2. Agency of Agriculture
   3. Agency of Commerce and Community Development
   4. Agency of Education
   5. Agency of Human Services
   6. Agency of Natural Resources
   7. Agency of Transportation
   8. Public Service Department
   9. Department of Health

      In addition, the Task Force may seek members from any other entity identified by the Task Force, including but not limited to the Public Service Board, the Natural Resources Board, the Vermont Housing and Conservation Board, and the Vermont Housing Finance Board.

      The Task Force shall meet at the call of the Chair.

      By January 15, 2016, and thereafter annually, the Task Force will report to the Governor on:

      1. Potential opportunities to include health criteria in regulatory, programmatic and budgetary decisions;

      2. Promising practices in other jurisdictions to identify opportunities for innovation and coordination across sectors that include consideration of potential positive and negative health impacts of decisions; and

      3. Evidence-based actions and policies to improve the wellness of state employees across state government, including healthy food procurement policies.

      In consultation with the Task Force, DOH shall develop guidance, criteria and analytic tools to support all branches of government in assessing potential positive or negative health impacts when proposing new agency rules, budgetary changes, or major programmatic shifts.

      Members of the HiAP Task Force will regularly report internally on their progress in embedding health impacts in their rulemaking, policies and programs. The Task Force may establish sub-committees and internal policies as necessary and appropriate to carry out its work.

2. Effective Date.

   This Executive Order shall take effect upon signing.

   Dated October 6, 2015

Executive Order No. 3-70 (No. 08-15) [Transfer of Property in Windsor from BGS to DFW.

Superseded and replaced by Executive Order No. 3-80 (codified as Executive Order No. 08-17), dated March 13, 2017.

Executive Order No. 3-71 (No. 01-16) [Transfer of Certain Easements in the Town of Middlesex from BGS to VTrans.

WHEREAS, the Agency of Transportation (“VTrans”) needs to construct Transportation Project Middlesex IM 089-2(41) (“the Transportation Project”), which involves the replacement of Bridge #55 carrying a federal highway known as U.S. Route 2 over Interstate 89 in Middlesex, Vermont, and which affects land under the jurisdiction of the Department of Buildings and General Services (“BGS”); and

WHEREAS, VTrans and BGS desire to complete the transfer of the necessary easements and/or rights from BGS to VTrans.

NOW, THEREFORE, BE IT RESOLVED I, Peter E. Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to VTrans jurisdiction and control of certain land and permanent easements of BGS, which are more particularly describes as follows:

Being part of the same land and premises conveyed to the State of Vermont by the Warranty Deed of Jambro Associates, dated July 22, 1988, and recorded in Book 51, Page 577 of the Town of Middlesex Land Records and being more particularly described as:

Being Parcel #2, rights and easements therein, as shown on right of way detail sheet 1 and right of way layout sheets 3-5 of the revised plans of the Transportation Project as filed on the 25th day of March, 2015, in the office of the Clerk of the Town of Middlesex.

In connection with the above parcel, the following easements and/or rights are conveyed:

Temporary easements to enter upon land of the grantor, during the period of construction, to extend highway slopes and embankments in areas of: 563 square feet, more or less; 200 square feet, more or less; and 2,799 square feet, more or less, as shown on the previously mentioned Transportation Project plans.

The State of Vermont may extend the slopes and embankments at such an angle as will hold the material of said slopes in repose against ordinary erosion in accordance with the standard practice of transportation construction. The State of Vermont shall have the right to remove all trees, logs, stumps, protruding roots, brush, duff, and other objectionable materials, structures, growth, and any other things of whatever kind or nature from said slope area.

Temporary easements during the period of construction to enter upon land of the grantor, for construction purposes, including the right to cut and dispose of all trees, down timber, stubs, brush, bushes, and debris, install project demarcation fence and erosion control barriers and to keep the erosion control barriers clear of debris and functioning properly, throughout the construction of the project, as necessary and as noted on the project plans; and undertake general construction functions: in an area of 586 square feet, more or less, right of and between approximate stations 20+42 and 21+88; in an area of 51 square feet, more or less, right of and between approximate stations 21+99 and 22+15; and in an area of 1,255 square feet, more or less, right of approximate stations 25+64 and 29+26.32; all stations are of the established centerline of the Transportation Project.

A permanent easement to discharge water on land of the grantor as such water may hereafter be discharged or flow in an area of 0.52 acre (22,807 square feet), more or less, right of and between approximate stations 21+00.00 and 29+18.55 of the established centerline of the Transportation Project.

A permanent easement to install, construct and maintain a culvert and drainage ditch, in an area of 27 square feet, more or less, right of and between approximate stations 22+00.52 and 22+12.39 of the established centerline of the Transportation Project, and thereby the right to discharge water through said culvert and drainage ditch onto the land of the grantor.

A permanent easement to install, construct and maintain a culvert, including stone fill, in an area of 431 square feet, more or less, right of and between approximate stations 26+6.94 and 26+52.22 of the established centerline of the Transportation Project, and thereby the right to discharge water through said culvert and drainage ditch onto the land of the grantor.

The herein conveyed rights and easements are subject to the terms and conditions of Vermont Operational Stormwater Discharge Permit #7145-INDS, as the same may be amended from time to time.

This Order shall take effect upon signing.

Dated February 9, 2016

Executive Order No. 3-72 (No. 02-16) [Disability Employment Working Group.

WHEREAS, the State of Vermont is committed to developing and maintaining a high-performing workforce that provides access, meaningful services, and improved outcomes for all citizens; and

WHEREAS, to achieve this goal, the state workforce must include a diversity of perspectives that reflects all Vermonters, including people with disabilities; and

WHEREAS, currently only 34.6 percent of Vermont’s 41,500 working-age people with disabilities are employed and, in 2014, an estimated 24.2 percent of Vermonters aged 18 to 64 with a disability lived in families with incomes below the poverty line; and

WHEREAS, the State has a vested interest in preventing discrimination against people living with a disability, eliminating barriers to meaningful employment, and attracting the highest quality candidates into state employment opportunities; and

WHEREAS, continued progress towards serving and employing people with disabilities requires both the commitment and participation of executive leaders throughout state government.

NOW, THEREFORE, BE IT RESOLVED I, Peter E. Shumlin, by virtue of the authority vested in me as Governor, do hereby order and direct that a “Disability Employment Working Group” be established under the auspices of the Governor’s Workforce Equity and Diversity Council (“GWEDC”) as follows:

1. Composition and Process.

   The Commissioner of the Department of Human Resources (“DHR”) or designee shall chair the Working Group. The Working Group shall have up to five members, including:

   1. The Commissioner of DHR or designee;
   2. The Commissioner of the Department of Disabilities, Aging and Independent Living (“DAIL”) or designee; and
   3. Up to three members of the GWEDC appointed by its chair or co-chairs.

      The Working Group shall meet at the call of the Chair.

2. Charge.

   The Disability Employment Working Group shall make recommendations regarding hiring practices to increase access to state employment for individuals with disabilities. The Working Group shall consider, among other strategies:

   1. Partnering with employment organizations and other community groups to identify and recruit qualified applicants and promote state employment opportunities;
   2. Reviewing current training programs for all state employees to ensure coverage of disability etiquette and best practices;
   3. Implementing the “Progressive Employment” model, in which participants are exposed to a series of short-term work experiences, through the use of internships or trainee programs;
   4. Identifying and accessing short-term skills training in high-demand areas to meet state workforce demands; and
   5. Recommending further steps to bring individuals with disabilities into state employment at a rate that is as close as possible to that of the general population of working Vermonters, and comparing progress made each year to increase hiring opportunities and the integrated employment of those with disabilities, while maintaining the confidentiality of employees’ personal information.
3. Report.

   The GWEDC shall include an update on disability employment in the state workforce as part of its annual report.

4. Effective Date.

   This Executive Order shall take effect upon signing.

   Dated March 23, 2016

Executive Order No. 3-73 (No. 03-16) [Publicly Funded Housing for the Homeless.

WHEREAS, homelessness has been a persistent and growing problem within Vermont for more than 30 years, affecting children, young adults, working families, and veterans;

WHEREAS, both the financial and human costs of homelessness strain public services including health care, mental health care, and education;

WHEREAS, as federal housing resources have declined, affordable housing production in Vermont has slowed and homelessness has increased;

WHEREAS, Vermont has a commitment to the quality of life for all of its citizens, including through the launch of a statewide initiative to end child and family homelessness in Vermont by 2020;

WHEREAS, State investments targeted to Vermonters experiencing homelessness — including the Vermont Rental Subsidy, Family Supportive Housing, Housing Opportunity Program, and Subsidy and Care Program — have shown effectiveness at breaking the cycle of homelessness;

WHEREAS, housing partners such as the Vermont State Housing Authority, the Vermont Housing Finance Agency, and the Vermont Housing and Conservation Board have targeted and coordinated resources to create supportive housing opportunities for Vermonters who are homeless;

WHEREAS, the 2015 annual point-in-time count showed a modest decrease in homelessness statewide, and housing partners across Vermont should commit to building on successes to date; and

WHEREAS, in addition to increasing access to affordable housing, success in ending homelessness requires a coordinated continuum of supports and services including Short-Term Emergency Shelter, Targeted Transitional Housing, Rental Subsidies, Targeted Homelessness Prevention Activities, Rapid Re-Housing, and Supportive Housing.

NOW, THEREFORE BE IT RESOLVED I, Peter E. Shumlin, by virtue of the power vested in me as Governor, do hereby establish a goal that owners of publicly funded housing make available at least 15% of their affordable housing portfolio to homeless families and individuals, including those with special needs who require service support and rental assistance to secure and maintain their housing.

To implement this goal, I hereby direct that:

1. Housing organizations and homeless service providers that receive state funds, state-allocated grants, and/or state tax credits shall work together to coordinate rental subsidies, services, and economic support such that, when publicly supported housing units become available, homeless families and individuals have the assistance and support needed to make use of those units.  These organizations are encouraged to adopt Memoranda of Understanding or other mechanisms as tools to plan for achievement of this goal.
2. To ensure that homeless Vermonters have both the necessary supports and affordable housing to achieve success, the Agency of Human Services (“AHS”) shall prioritize and coordinate services and subsidies to homeless families and individuals, and shall encourage recipients of AHS grants to work together with housing partners to meet the 15% goal.
3. Public housing authorities and owners of privately owned publicly supported affordable housing are encouraged to work towards the goal of making at least 15% of their units available to homeless families and individuals as units change hands and are developed.
4. The Vermont Community Development Program (“VCDP”), the Vermont Housing and Conservation Board (“VHCB”), and the Vermont Housing Finance Agency (“VHFA”) shall work together to develop funding criteria that requires applicants for housing grants or tax credits to describe plans and tools to achieve the goal of making at least 15% of their permanent, publicly supported housing units available to the homeless. These funding criteria shall apply to all applicants for housing grants or tax credits, subject to limited exceptions. Applicants will also be asked to describe any “non-permanent” assistance, such as shelter beds or transitional housing units.  VCDP, VHCB, and VHFA shall report annually to the Agency of Commerce and Community Development and AHS on the results of this effort.
5. AHS shall provide training to housing managers and housing and homeless service providers on how to successfully work with formerly homeless households.
6. State agencies and housing agencies are encouraged to seek new sources of federal and philanthropic funding for housing development, services and subsidies.
7. In working towards the 15% goal, owners of age-restricted housing shall not be required to make units available to individuals who do not meet their age restrictions.

   This Executive Order shall take effect upon signing.

   Dated April 20, 2016

Executive Order No. 3-74 (No. 04-16) [Vermont Strong License Plates.

WHEREAS, Vermont passed legislation creating Vermont Strong Commemorative License Plates in 2012 to “recognize all of those who have suffered losses because of the destruction brought by Tropical Storm Irene and the flooding of 2011, and to commemorate the contributions of the many who are helping to rebuild Vermont and to make it stronger”;

WHEREAS, in 2014, the General Assembly extended the display of Vermont Strong License plates to June 30, 2016;

WHEREAS, the Vermont Strong license plate continues to be an important symbol of Vermont’s resiliency and commitment to the many communities, businesses, and families impacted by Tropical Storm Irene and other major flooding events; and

WHEREAS, under section 511(a) of title 23, “[a] motor vehicle operated on any highway shall have displayed in a conspicuous place either one or two number plates as the Commissioner may require.”

NOW, THEREFORE BE IT RESOLVED THAT I, Peter E. Shumlin, by virtue of the power vested in me as Governor, do hereby order and direct that:

1. The Commissioner of Motor Vehicles shall continue to permit Vermonters to display Vermont Strong Commemorative License Plates on the front of eligible vehicles;
2. Vermont law enforcement officers shall refrain from ticketing or otherwise penalizing any Vermonter with a Vermont Strong Commemorative License Plate as the front plate on an eligible vehicle until the General Assembly next has the opportunity to consider and clarify the duration of Vermont Strong Commemorative License Plates; and
3. The Commissioner of Motor Vehicles and the Commissioner of Public Safety shall take all necessary and appropriate actions to implement this Order with state and local law enforcement.

   This Executive Order shall take effect upon signing.

   Dated June 2, 2016

Executive Order No. 3-75 (No. 05-16) [Climate Change Considerations in State Procurements.

WHEREAS, climate change is the most urgent environmental issue of our time;

WHEREAS, cultivating a “green economy” in Vermont has led to the creation of over 1,400 new clean energy jobs in the past year and Vermont now has the highest number of per capita clean energy jobs of any U.S. state;

WHEREAS, the State has the duty to lead by example and encourage companies to promote and utilize best practices that are consistent with our efforts to reduce emissions and move to clean energy in Vermont;

WHEREAS, the legislature has expressed a strong policy in support of combatting climate change by: (a) setting goals of producing 25 percent of energy consumed in Vermont through the use of renewable energy sources by 2025, 10 V.S.A. § 580(a) , and of reducing by 75 percent greenhouse gas emissions in Vermont from the 1990 levels by 2050, 10 V.S.A. § 578(a) ; and (b) adopting an innovative renewable energy standard with Act 56 of 2015 that sets utility renewable targets and implements solutions to address carbon emissions from the transportation and heating sectors, which account for more than two-thirds of Vermont’s carbon emissions;

WHEREAS, Vermont’s 2016 Comprehensive Energy Plan calls for a reduction in per capita energy use of 15 percent by 2025, and calls for 90 percent renewables by 2050; and

WHEREAS, Vermont can encourage additional action on climate change through the state procurement process.

NOW, THEREFORE BE IT RESOLVED that I, Peter E. Shumlin, by virtue of the authority vested in me as the Governor of the State of Vermont, do hereby order and direct the Secretary of Administration, in consultation with the Climate Cabinet, to include processes in the State’s acquisition policies that ensure the favorable consideration of vendor business practices that promote clean energy and take action to address climate change. The Secretary may set a minimum financial threshold for application of these policies, and the policies shall include consideration of practices such as:

1. Use of thermal and electric efficiency and conservation measures;
2. Use of renewable energy sources for its operations;
3. Efforts to reduce and track carbon emissions;
4. Use of and encouragement of employee use of electric and zero emissions vehicles including providing workplace charging stations;
5. Offering employees an option for a fossil fuel divested retirement account;
6. Whether the supplies or services offered promote waste, energy and water efficiency; and
7. Other factors deemed relevant by the Secretary relating to environmentally responsible practices.

   After consideration of all relevant factors, a bidder that adheres to the above best practices shall be given favorable consideration in the competitive bidding process. Favorable consideration shall be consistent with and not supersede any Secretary of Administration guidance that, all other considerations being equal, preference will be given to resident bidders of the State and/or products raised or manufactured in the State.

   This Executive Order shall take effect upon signing.

   Dated July 19, 2016

Executive Order No. 3-76 (No. 01-17) [Governor’s Strategic Goals.

WHEREAS, Vermont faces a significant challenge with its demographics: Vermont’s population is aging, and employers report challenges with recruiting and retaining a skilled workforce; and

WHEREAS, as the workforce grows smaller, the tax burden increases for those who choose to remain in Vermont; and

WHEREAS, State government has a duty to treat all Vermonters with dignity, respect all points of view, and honor the moral obligation we have to care for the vulnerable, including those struggling with substance addiction and abuse; and

WHEREAS, it is essential to restore the economic and fiscal fundamentals of the State of Vermont, strengthen the economy, and make Vermont more affordable for families and businesses.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby order and direct all State Agency Secretaries and Department Commissioners to utilize their powers, duties, and programs to establish the following cornerstones as their strategic and operational goals:

1. Growing the Vermont economy;
2. Making Vermont an affordable place to live, work, and do business; and
3. Protecting vulnerable Vermonters.

   This Executive Order shall take effect upon execution.

   Dated January 5, 2017

Executive Order No. 3-77 (No. 02-17) [Governor’s Opiate Coordination Council.

Superseded and replaced by Executive Order No. 3-81 (codified as Executive Order No. 09-17), dated May 8, 2017.

Executive Order No. 3-78 (No. 03-17) [Governor’s Government Modernization and Efficiency Team.

WHEREAS, Vermonters deserve modern government functions and operations which provide efficient, effective agency, department, and programmatic services now and into the future; and

WHEREAS, a dedicated team of State operational professionals, and private sector business and technology leaders will enable the Governor and extended cabinet members to evaluate both public and private sector experience in successfully implementing modernization changes; and

WHEREAS, continuous improvement will require the empowerment of State supervisors, managers, and employees to contribute to improved program results and process efficiencies.

NOW, THEREFORE BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor’s Government Modernization and Efficiency Team (“GMET”), as follows:

1. Composition and Appointments.

   The GMET shall consist of not more than 12 members to be appointed by the Governor from inside and outside of State government. The State members shall include the Governor’s Chief Performance Officer who shall serve as the Chair, the Governor’s Chief Innovation Officer, the Governor’s Director of Affordability and Economic Growth Initiatives, and a classified employee of the State. Non-State members shall include leaders in information technology, telecommunications, accounting and finance, and management and system change. The GMET may, in its discretion, establish inter-agency working groups to support its mission, drawing membership from any agency or department of State government. The GMET may also, in its discretion, consult with private sector professionals outside of the GMET for information and advice on best practices.

   The GMET shall receive administrative and staff support from the Secretary of Administration.

2. GMET Charge an Process.

   The GMET will be advisory to the Governor and the Secretary of Administration. The GMET shall meet at the call of the Chair, but not less frequently than quarterly. The focus of the GMET shall be to:

   A. Facilitate State agency and department efficiency audits;

   B. Strengthen strategic information technology (IT) planning;

   C. Develop a digital government strategy focused on Vermonters; and

   D. Identify and advise on opportunities to:

   a. Increase operational efficiency;

   b. Consolidate, streamline and automate services;

   c. Account for the true costs of IT projects;

   d. Eliminate waste;

   e. Prevent fraud and abuse; and

   f. Develop metrics to be used for purposes of outcomes-based-budgeting process.

   The GMET will annually report all recommendations to the Governor on or before July 1.

   The GMET will advise the Governor on the effectiveness of this Order on government modernization and efficiency.

3. Effective Date.

   This Executive Order shall take effect upon execution.

   Dated January 5, 2017

Executive Order No. 3-79 (No. 04-17) [Program to Improve Vermont Outcomes Together (PIVOT).

WHEREAS, Vermonters deserve a modern government that provides efficient and effective services and programs that produce results now and into the future; and

WHEREAS, continuous improvement is both a culture to be adopted, as well as a toolbox that includes proven results and process improvement tools such as Lean and Results-Based Accountability; and

WHEREAS, continuous improvement should be driven by strategic outcomes (goals) contained in a living Strategic Plan; and

WHEREAS, said strategic outcomes should be monitored by using results-based indicators and programmatic performance measures to inform the level of success in achieving the strategic outcomes; and

WHEREAS, tools such as Lean should be used for process improvement by focusing on customer value-added activities, elimination of unnecessary steps and bottlenecks, and build capacity in programs and activities; and

WHEREAS, the Governor has created, by separate Executive Order, the Government Modernization and Efficiency Team, a dedicated team of State operational professionals and business and technology leaders to enable the Governor to benefit from both public and private sector experience in successfully implementing modernization changes.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby order and direct the following:

1. Attend executive branch appointing authority Boot-Camp developed and directed by the Chief Performance Officer;
2. No later than July 1, 2017, develop a multi-year State Strategic Plan, in consultation with the Governmental Modernization and Efficiency Team (GMET), with consideration for the existing outcomes in 3 V.S.A. § 2311 ;
3. Assign Agency and Department staff to participate in an internal Continuous Improvement (“CI”) team;
4. Assign a team lead for consideration as a participant in a statewide Continuous Improvement Steering Committee to be chaired by the Chief Performance Officer;
5. Select and instruct CI team members to attend Lean White and Yellow Belt training, and Green belt training where deemed necessary;
6. Instruct business managers and staff to attend Programmatic Budget training, and thereafter:
   1. All Agency Secretaries, Department Commissioners, and their deputies shall:

      i) No later than July 1, 2017, in consultation with the Commissioner of Finance and Management, develop a list of programs, program areas and program groups, including associated FTEs, funding, and coding;

      ii) Prioritize the program list in line with the Governor’s Strategic Goals of affordability, economic growth, and protecting vulnerable Vermonters;

      iii) Prioritize, in consultation with the Commissioner of Finance and Management, programs to be designated for results-based improvement and/or process improvement;

      iv) Assign the CI team lead to work with the Chief Performance Officer, or designee to develop an improvement events schedule;

      v) Use results-based methods and tools, such as Lean tools to develop viable changes, improvements, and action plans to achieve results and efficiency improvement;

      vi) Integrate identified efficiencies and changes into programs and operations, utilizing and redeploying adding capacity, and new efficiencies attained to avoid future costs;

      vii) Develop a list of future improvements requiring statutory and/or rule changes, or additional costs, for consideration;

      viii) Incorporate known efficiencies and capacity building into future programmatic budgets, aligning programmatic results with the programmatic investment, and strategic outcomes;

      ix) Secretaries, Commissioners, and Deputies shall report to the Governor and the GMET on a quarterly basis on the programmatic results and process improvements;

      x) Secretaries, Commissioners, and Deputies shall report to the Governor annually as directed by the GMET.

      (a) Make improvements to programs and processes;

      (b) Suggest innovative solutions; achieve better outcomes; and

      (c) Provide support training, resources and tools necessary for a broad array of employees at all levels.

   2. A Continuous Improvement Steering Committee is established to provide guidance and technical assistance for the PIVOT; the Committee shall be chaired by the Chief Performance Officer and comprised of a representative number of agency and department CI team leads.
   3. All Agency Secretaries, Department Commissioners, and their deputies shall ensure classified State employees, middle management, and upper management have the requisite training and knowledge and are empowered to:
   4. All Agency Secretaries, Department Commissioners, and their deputies shall encourage participation of internal and external stakeholders to ensure that the State government is more responsive to Vermonters.

      This Executive Order shall take effect upon execution.

      Dated January 5, 2017

Executive Order No. 3-80 (No. 08-17) [Transfer of Property in Windsor from BGS to DFW.

WHEREAS, certain State-owned land commonly known as the Windsor Prison Farm located in the Town of Windsor, County of Windsor, herein “the ‘Property,’ ” is presently under the jurisdiction and control of the Agency of Administration, Department of Buildings and General Services (BGS); and

WHEREAS, BGS has no further use for the Property; and

WHEREAS, the Agency of Natural Resources, Department of Fish and Wildlife (DFW), desires the use of the Property for its purposes; and

WHEREAS, upon execution of the property transfer, DFW will be responsible for the maintenance costs, security, heating costs, electrical costs, snow removal, grounds maintenance, overall conditions. Payments in Lieu of Taxes, State historic preservation requirements and all other costs associated with the administration, ownership and management of the Property.

NOW, THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to DFW for its purposes, from the jurisdiction and control of BGS, the following land and premises, to wit:

Being collectively all the lands and premises conveyed to the State of Vermont by the following:

1. quit claim deed of Joseph C. Parker et al. on December 22, 1894, which is recorded in the Windsor land records at Volume 30, Pages 403-404;
2. warranty deed of Arthur W. Hunter and Julia E. Hunter on January 10, 1916, which is recorded in the Windsor land records at Volume 34, Page 83;
3. warranty deed of William Dana on March 31, 1927, which is recorded in the Windsor land records at Volume 39, Page 46;
4. quit claim deed of Lyman W. Cook on August 1, 1927, which is recorded in the Windsor land records at Volume 39, Page 280;
5. warranty deed of Harvey F. Chase and Harriet Chase on September 30, 1927, which is recorded in the Windsor land records at Volume 39, Page 84;
6. quit claim deed of William J. Herman et al. on November 25, 1927, which is recorded in the Windsor land records at Volume 39, Pages 521-523; and
7. warranty deed of George B. Spence and Nellie S. Spence on November 6, 1935, which is recorded in the Windsor land records at Volume 47, Page 38.

   Excepting from the above those lands and premises, comprising approximately 118.57 acres and including all buildings, appurtenances and improvements thereon, to be retained by BGS as designated in the attached survey plat entitled “State Prison Farm at Windsor” prepared by Robert W. Farnsworth and dated October 7, 2016.

   This Executive Order supersedes and replaces Executive Order 08-15 (codified as 3-70). This Executive Order shall take effect upon execution.

   Dated March 13, 2017

Executive Order No. 3-81 (No. 09-17) [Governor’s Opioid Coordination Council.

WHEREAS, opioid addiction and abuse in the State of Vermont negatively affect all people, of all ages, in all communities, at all income levels; and

WHEREAS, opioid addiction and abuse has caused and continues to cause an increase in drug trafficking and other criminal offenses throughout Vermont which erodes our way of life and endangers all Vermonters; and

WHEREAS, opioid addiction and abuse has caused an increasing number of overdose deaths in Vermont, particularly among young Vermonters; and

WHEREAS, the fight against opioid addiction and abuse continues to consume an increasing portion of scarce State resources; and

WHEREAS, because it is not feasible or effective to rely solely on state social service agencies or law enforcement to resolve the opioid crisis, all Vermonters must play an important role in helping to eradicate this scourge from our State; and

WHEREAS, to effectively meet this challenge, the State, municipalities, and all Vermonters must work together on a three-pronged approach to this crisis:

• the demand for opioids must be significantly reduced through education, the building of strong families and neighborhoods, and increased economic and job opportunities;

• those addicted to opioids must be afforded adequate and effective treatment and recovery opportunities; and

• the supply of opioids must be reduced through robust and coordinated federal, state, and local law enforcement targeting drug traffickers and through more effective means of preventing the diversion of prescription opioids; and

WHEREAS, the Governor recognizes the diversity of Vermont municipalities and the distinct differences of population, geography, and resources; and

WHEREAS, the successful fight against opioid addiction and abuse will rely on the strength of this local diversity to enable and empower local authorities to adapt recommended policies, programs, and best practices to the needs of the various communities; and

WHEREAS, the City of Rutland has seen a significant decrease in opioid-related crime after successfully implementing Project VISION, a locally-driven strategy to identify and eliminate neighborhood drug markets utilizing a creative, collaborative grass-roots effort involving individuals, families, local businesses, churches, law enforcement, community development organizations, and health care professionals; and

WHEREAS, in order to fully enable and empower local communities in their fight against opioid addiction and abuse and to build on the success of Project VISION, there is a need to ensure full coordination among State agencies, State municipalities, law enforcement, and treatment providers to strengthen Vermont’s overall response to the opioid crisis through effective opioid addiction prevention, treatment, recovery and enforcement action plans.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor’s Opioid Coordination Council, as follows:

1. Composition and Appointments.

   The Council shall consist of the following members who shall be geographically representative of the State to the extent possible:

   A. The Commissioner of Public Safety, Secretary of the Agency of Health and Human Services, and a community leader to be appointed by and serve at the pleasure of the Governor, all of whom shall serve as Co-Chairs;

   B. The Commissioner of the Department of Health or designee;

   C. The Attorney General, or designee;

   D. The United States Attorney, District of Vermont, or designee;

   E. One representative of the Vermont Mayors Coalition;

   F. One representative of a local non-profit housing organization to be appointed by the Governor;

   G. One educator involved in substance abuse prevention appointed by the Governor;

   H. One representative of State municipalities appointed by the Vermont League of Cities and Towns;

   I. One substance abuse prevention and treatment professional, appointed by the Governor;

   J. One representative of the Vermont Association of Mental Health, Addiction and Recovery;

   K. One representative of a designated agency appointed by the Governor;

   L. One representative of the Vermont Association of Hospitals and Health Systems;

   M. One representative of the Vermont Sheriffs’ Association;

   N. One representative of the Vermont Association of Chiefs of Police;

   O. One representative of the United States Drug Enforcement Administration;

   P. One first responder to be appointed by the Governor.

   Q. The Chief Justice, or designee;

   R. One representative of Vermont’s business community to be appointed by the Governor; and

   S. One at-large member to be appointed by the Governor.

   Members appointed by the Governor shall serve for two-year terms, beginning as of May 1, 2017.

2. Director of Drug Policy.

   The Governor shall designate a Director of Drug Policy who shall act as the Executive Director of the Council and who will support, coordinate, and monitor the progress of the Council on a day-to-day basis.

3. Council Charge and Process.

   The mission of the Council will be to lead and strengthen Vermont’s response to the opioid crisis by ensuring full interagency and intra-agency coordination between state and local governments in the areas of prevention, treatment, recovery and law enforcement activities. Where practicable, the Council will apply the strategies and lessons learned from VISION to other communities throughout Vermont. The Council shall initially meet at least monthly. The Council shall:

   A. Identify best practices for communities to address opioid addiction and abuse in order to assist them in: (1) significantly reducing the demand for opioids through prevention and education; (2) providing treatment and recovery services to those afflicted with opioid addiction; and (3) significantly reducing the supply of illegal opioids;

   B. Develop and adopt data driven performance measures and outcomes which will allow State and local community programs to determine whether they are meeting their goals and objectives in reducing opioid addiction and abuse;

   C. Review existing State health, mental health, and drug and alcohol addiction laws, regulations, policies, and programs and propose changes to eliminate redundancy and break down barriers faced by communities in coordinating action with State government;

   D. Propose legislation to strengthen a Statewide approach to fight opioid addiction and abuse and facilitate adaptation to the changing nature and multiple facets of the opioid crisis;

   E. Consult and coordinate with federal agencies and officials as well as those in surrounding states;

   F. Work in coordination with the Alcohol and Drug Abuse Council created pursuant to 18 V.S.A. 4803;

   G. Report to the Governor on a quarterly basis and as otherwise required by the Governor regarding: (1) recommendations for resource, policy, and legislative or regulatory changes; and (2) progress made under State and local programs measured against established data driven performance measures; and

   H. In consultation with the Director of Drug Policy, do all things necessary to carry out the purpose of this Executive Order.

   The Council may designate subcommittees as necessary. The Council shall receive administrative support from the Governor’s Office and the Agency of Administration.

4. Effective Date.

   This Executive Order supersedes and replaces Executive Order 02-17 (codified as 3-77). This Executive Order shall take effect upon execution.

   Dated May 8, 2017

Executive Order No. 3-82 (No. 15-17) [Governor’s Marijuana Advisory Commission.

WHEREAS, the States of Alaska, California, Colorado, Maine, Massachusetts, Nevada, Oregon and Washington and the District of Columbia have taken steps to legalize the recreational use of marijuana and/or establish systems for the licensing, regulation and taxation of the sale and distribution of marijuana; and

WHEREAS, Vermont must adopt a balanced approach to marijuana legalization which takes into consideration realities of current consumption levels, legalization in neighboring jurisdictions, and facts regarding local impacts, the risk of harm to our youth, impaired driving and the social consequences of drug use and addiction, particularly in the context of the State’s opioid crisis; and

WHEREAS, Vermont can pursue a regional approach with the northeastern states of Maine and Massachusetts, as well as Canada, to create universal highway safety and public health regulations to ensure health and safety as it relates to recreational marijuana usage; and

WHEREAS, Vermont governors have created various executive orders over the years which address complex issues facing children and youth, public safety, criminal justice, substance abuse and population health; and

WHEREAS, even if one accepts limited recreational use of marijuana as an individual choice, this choice cannot be permitted to adversely impact public health or safety, especially roadway safety and children’s health; and

WHEREAS, in order to assess the potential for a system which permits the recreational use of marijuana and/or regulates and taxes the sale and distribution of marijuana in a way which is not volume- or profit-driven or detrimental to the interests of a safe and healthy population, there is a need for a thoughtful and thorough consideration of public health, public safety and financial resource issues.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor’s Marijuana Advisory Commission, as follows:

1. Composition and Appointments.

   The Commission shall be advisory to the Governor and consist of the following thirteen members:

2. Meetings.

   (1) The Governor shall call the first meeting of the Commission to occur on or before October 1, 2017. The subcommittees shall also convene their first meetings on or before October 1, 2017.

   (2) A majority of membership of the Commission or each subcommittee, as the case may be, shall constitute a quorum.

3. Powers and Duties.

   The Commission, upon consultation with its three subcommittees, shall proceed with its work in two phases:

   (1) In order to establish a common baseline understanding of the most credible data regarding health endpoints of marijuana use and safety impacts of legalization, on or before November 15, 2017, the Subcommittees on Highway Safety and Education and Prevention shall assess high-quality primary research, including evidence-based Vermont data to the extent it is available, for the following groups of health and safety endpoints and report to the Commission:

   (i) Injury and death: All-cause mortality, occupational injury, motor vehicle crash, overdose injury and death;

   (ii) Prenatal, perinatal, and postnatal exposure to marijuana: Pregnancy complications for the mother, fetal growth and development, neonatal conditions, later outcomes for the infant;

   (iii) Psychosocial: Cognition (learning, memory, attention, intelligence), academic achievement and educational outcomes, employment and income, social relationships and other social roles;

   (iv) Mental health: Schizophrenia and other psychoses, bipolar disorders, depression; suicide, anxiety, posttraumatic stress disorder;

   (v) Problem Marijuana use: Marijuana use disorder;

   (vi) Marijuana use and abuse of other substances: Abuse of other substances; and

   (vii) Crime rates: Crimes directly or indirectly shown to be related to marijuana use, production or storage in jurisdictions with marijuana legalization and decriminalization.

   (2) On or before January 15, 2018, the Commission shall produce a report making recommendations to the Governor to date regarding:

   (i) Need for the creation, implementation and funding of statewide evidence-based youth prevention programs;

   (ii) Adequacy of and funding for substance abuse facilities;

   (iii) Adequacy of and funding for broad-based messaging or public awareness campaigns to address the risk of harm posed by marijuana to Vermonters;

   (iv) Adequacy of and funding for broad-based messaging or public awareness campaigns to address the dangers of driving while impaired due to marijuana, similar to those targeted to alcohol consumers;

   (v) An appropriate impairment testing mechanism, including the possible merits of saliva-based testing standards;

   (vi) Adequacy of and funding for drug recognition experts (DREs) and training;

   (vii) Capacity for in-state testing and analysis of toxicology samples for DUIs related to drugs such as marijuana;

   (viii) Feasibility of regional impairment standards;

   (ix) Adequacy of and funding for resources that municipalities will need to support professional and volunteer fire, police, and emergency services resulting from access and use of recreational marijuana;

   (x) Need for a performance benchmark or benchmarks to be assessed before the further decriminalization or legalization of recreational marijuana use or establishment of a tax and regulatory system, such as the percentage of Vermont youth who recognize and understand the risk of harm posed by marijuana, a statistically significant reversal and decline in the number of major crashes due to marijuana-impaired drivers, a statistically significant reversal and decline in the number of DUIs related to marijuana, and capacity at the Department of Public Safety to meet the need for DREs and in-house analysis and toxicology testing related to marijuana;

   (xi) Miscellaneous issues, such as host liability and landlord liability in the context of marijuana availability in homes and public places, security of marijuana storage, impacts on the cost of automobile, workers compensation and homeowner insurance, local zoning and search and seizure considerations; and

   (xii) Changes to Vermont law required to protect those under 21 years old and ensure highway safety.

   (3) Pending development of comprehensive education, prevention and highway safety strategies, on or before December 15, 2018, the Commission will provide recommendations to the Governor on implementing and operating a comprehensive regulatory and revenue system for an adult marijuana market, and accompanying legislation if deemed necessary. At a minimum, the Commission shall:

   (i) Summarize its findings to date;

   (ii) Recommend a business plan for a comprehensive regulatory and revenue system which completely self-funds the regulatory infrastructure at both the State and local level, including:

   a. An appropriate tax rate;

   b. Required equipment and/or staffing resources required to address impaired driving due to marijuana or marijuana and alcohol at both the State and local level;

   c. The additional costs of substance abuse and treatment; and

   d. The additional costs of public awareness campaigns and statewide evidence-based youth education and prevention programs to control access by minors.

   (iii) Recommend licensure costs and requirements;

   (iv) Estimate revenue needed to initially fund a comprehensive net-revenue generating regulatory and revenue system from public and private investment, licensing and operating fees, and grant sources;

   (v) Determine a set impairment threshold for operating a motor vehicle on State roads and highways, identify an appropriate impairment testing mechanism, and/or recommend increased DREs and training;

   (vi) Recommend a plan for continued monitoring and reporting on impacts to public health, with specific reference to the health endpoints listed in Section III(1) above;

   (vii) Make recommendations regarding:

   a. Workplace safety and if it is appropriate to reform workplace drug testing laws;

   b. Impacts on the economy as a result of third party liability such as restrictions on banking due to Federal laws;

   c. Appropriate measures to address pesticide use, quality control, and labeling for marijuana products;

   d. If there is a business model that will grow the rural economy by giving existing Vermont farmers licensing and regulatory preference for commercial operations; and

   (e) Other miscellaneous matters as determined necessary and appropriate by the Commission.

   The Commission will provide ongoing reporting to the Governor on April 1, 2018, July 1, 2018, and October 1, 2018 regarding progress on the foregoing.

4. Assistance.

   The Commission shall have the administrative, technical, and legal assistance of the Office of the Governor and the Secretary of Administration. Each subcommittee shall have the technical, legal, and administrative support of the Agency or Department of each respective subcommittee Chair.

5. Expense Reimbursement.

   I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not full-time State employees pursuant to 32 V.S.A. § 1010(e) .

6. Effective Date.

   This Executive Order shall take effect upon execution.

   Dated September 7, 2017

1. two members appointed by the Committee on Committees;
2. two members appointed by the Speaker of the House;
3. two members appointed by the Governor, who shall be Co-Chairs;
4. the Secretary of Agriculture, Food and Markets or designee;
5. the Commissioner of the Department of Public Safety or designee
6. the Commissioner of the Department of Health or designee;
7. the Secretary of the Agency of Commerce and Community Development or designee;
8. the Commissioner of the Department of Taxes or designee;
9. the Attorney General or designee; and
10. the Executive Director of the States’ Attorneys and Sheriffs, or designee.

    The Commission shall have three subcommittees who shall meet at least monthly, consult with experts and stakeholder groups as needed, and report findings and recommendations to the Commission on a schedule set by the Co-Chairs. Members of the Commission and subcommittees shall be appointed by the Governor for three-year terms unless otherwise specified as follows:

    (1) Roadway safety. One subcommittee shall be formed to examine and present findings on drugged driving and recommend appropriate measures to ensure roadway safety. Additionally, this subcommittee shall pursue a regional impairment threshold for the New England states, and parity in drugged driving roadway safety laws and penalties.

    (i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Public Safety. Other members shall include the Secretary of the Agency of Transportation or designee, one member designated by the Criminal Justice Training Council, one member designated by the Vermont League of Cities and Towns, the Defender General or designee, the Director of the Vermont Forensic Laboratory or designee, one representative of the Judiciary appointed by the Chief Justice of the Vermont Supreme Court, and one emergency medical service provider.

    (2) Education and prevention. One subcommittee shall be formed to examine and present findings on how best to measure and reduce impacts on public health; how to regulate edibles; how to regulate THC concentrations in marijuana and marijuana products; how to discourage consumption of, and restrict access to marijuana by minors; and how to effectively implement evidence-based education and prevention strategies for those under 21 years of age.

    (i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Health. Other members shall include, the Secretary of the Agency of Education or designee, one member designated by the Vermont Chapter of the American Academy of Pediatrics, one educational leader designated jointly by the Vermont Superintendents Association and the Vermont Principals’ Association, one medical professional currently practicing medicine designated by the Vermont Medical Society, one member with expertise in matters affecting at-risk Vermont youth, one substance abuse counselor, and one member with expertise in marketing.

    (3) Taxation and Regulation. One subcommittee shall be formed to examine and present findings regarding the sale and taxation of marijuana for recreational use, and assess structures for doing so which address areas such as banking, landlord and tenant relationships, local zoning, insurance, host liability, economic sustainability, and reduction of the illegal marijuana market. This subcommittee shall assist the Roadway Safety and Education and Prevention Subcommittees on identifying funding strategies and options for recommended resources and programming based on a taxed and regulated marijuana market and other sources.

    (i) Membership. This subcommittee shall be chaired by the Commissioner of the Department of Tax. Other members shall include the Secretary of the Agency of Commerce and Community Development or designee, the Commissioner of the Department of Financial Regulation or designee, the Chair of the Liquor Control Board, one member designated by the Vermont Bankers Association, one member designated by the Association of Vermont Credit Unions, one member designated by the Vermont League of Cities and Towns, one representative of the business community, and one member with expertise in national tax and regulatory systems designated by the Vermont Coalition to Regulate Marijuana.

Executive Order No. 3-83 (No. 18-17) [Governor’s Cybersecurity Advisory Team.

WHEREAS, increasingly sophisticated cyber attacks aimed at breaching and damaging essential computer networks, infrastructure, and operations in Vermont represent major security risks and increase the State’s vulnerability to adverse economic impacts, life-threatening institutional disruption, critical infrastructure damage, privacy violations and identify theft; and

WHEREAS, the advancing complexity and incidence of these cyber attacks demands heightened levels of coordination, information sharing, preparation and emergency response capabilities among State government and federal agencies, local governments, tribal governments, utilities, private companies, academic institutions, and other entities in order to protect computer networks and critical infrastructure systems from damage or unauthorized access; and

WHEREAS, Vermont State government agencies protect the State’s computer networks and investigate criminal attacks on State computer networks and critical infrastructure systems under current State law.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor’s Cybersecurity Advisory Team, as follows:

1. Composition and Appointments.

   The Cybersecurity Advisory Team shall consist of not more than 10 members to be appointed by the Governor from inside and outside of State government. The State members shall include the State’s Chief Information Security Officer, the State Chief Information Officer, the Governor’s Homeland Security Advisor or designee, a representative from the Vermont National Guard, the Attorney General or designee, and a representative from Vermont Emergency Management. Non-State members may include leaders from the utilities sector, higher education, health care and business. The Cybersecurity Advisory Team may, in its discretion, establish inter-agency working groups to support its mission, drawing membership from any agency or department of State government. The Cybersecurity Advisory Team may also, in its discretion, consult with private sector professionals and those from other states, the federal government and municipalities for information and advice on issues related to the Team’s charge as set forth herein.

   The Cybersecurity Advisory Team shall receive administrative and staff support from the Secretary of Digital Services and legal support from the Governor’s Counsel and the Department of Public Safety.

2. Cybersecurity Advisory Team Charge and Process.

   The Cybersecurity Advisory Team will be advisory to the Governor on the State’s Cybersecurity posture. The Cybersecurity Advisory Team shall meet at the call of the Chair, but not less frequently than quarterly, beginning October 15, 2017. The focus of the Cybersecurity Advisory Team shall be to:

   A. Develop a strategic plan for protecting State of Vermont public sector and private sector information and systems;

   B. Formally evaluate statewide Cybersecurity readiness and develop best practices for policies and procedures to strengthen administrative, technical and physical Cybersecurity safeguards as a resource for State government, Vermont businesses and the public;

   C. Build strong relationships and lines of communications among the State government, federal government, and the private sector designed to ensure resilience of electronic information systems;

   D. Build strong partnerships with local universities and colleges in order to leverage Cybersecurity resources; and

   E. Identify and advise on opportunities to:

   1. Ensure Vermont promotes, attracts and retains a highly-skilled Cybersecurity workforce;
   2. Raise citizen awareness through outreach and public service announcements;
   3. Provide technical capabilities, training, and advice to local government and the private sector;
   4. Provide expertise to the State Legislature regarding statutory language that could further protect critical assets, infrastructure, services and personally identifiable information;
   5. Advise on strategic, operational and budgetary impacts to the State; and
   6. Engage State and federal partners in assessing and managing risk.
3. Effective Date.

   This Executive Order shall take effect upon execution.

   Dated October 10, 2017

Executive Order No. 3-84 (No. 19-17) [Executive Code of Ethics.

WHEREAS, throughout the state, dedicated public servants bring their talents and expertise to work on behalf of all Vermonters; and

WHEREAS, it is essential to the proper operation of government that public officers be principled and impartial; that governmental decisions and policy be made fairly and impartially on the merits of the matter at issue; that public office not be used for private gain other than the remuneration provided by law; and that there be public confidence in the integrity of government; and

WHEREAS, there is a risk that the attainment of one or more of these ends may be impaired whenever a conflict exists between the private interests of a public officer and his or her official responsibilities; and

WHEREAS, it is also essential to the proper operation of government that those best qualified not be discouraged from serving as public officers by requiring them to relinquish totally the opportunity to further their interests, at least where such interests do not create irreconcilable conflicts with their official responsibilities; and

WHEREAS, both the public and private sectors of Vermont are enriched by the healthy exchange of individuals who have hands-on knowledge and work experience in both the public and private sectors; and

WHEREAS, an Executive Code of Ethics effectively ensures fairness and impartiality in the conduct of State business, while at the same time encouraging the recruitment and retention of those best qualified to serve the State and ought to be reaffirmed and continued.

NOW, THEREFORE, BE IT RESOLVED THAT I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby promulgate the following Executive Code of Ethics:

Except where otherwise provided by law, all Appointees (as defined herein) shall be subject to provisions of this Executive Order. Nothing in this Executive Order shall exempt an Appointee from any other requirement of law or any duly adopted State personnel policy.

To assure adherence to this Code, all future Appointees, and any current Appointees who have not signed an acknowledgment with respect to Executive Order No. 09-11 (codified as Executive Order No. 3-53), will be asked to sign the acknowledgment attached hereto as Exhibit A and submit it to the Secretary. The Secretary shall have the authority to interpret the provisions of this Code as they relate to circumstances and to issue exemptions from this Code under special circumstances. All such interpretations and exemptions shall be written and kept by the Secretary in the same manner as the Conflict Questionnaires.

1. Definitions.

   As used in this Executive Order:

   “Appointee” means any member of a Public Body appointed by or upon the approval of the Governor, including Executive Officers, or any exempt employee appointed by or upon the approval of such an Appointee.

   “Appearance of a Conflict of Interest” means the impression that a reasonable person might have, after full disclosure of the facts, that an Appointee’s judgment might be significantly influenced by outside interests, even though there may be no actual Conflict of Interest.

   “Conflict of Interest” means a significant interest of an Appointee or such an interest, known to the Appointee, of a member of his or her immediate family or household, or of a business associate, in the outcome of a particular matter pending before the Appointee or his or her Public Body. ‘Conflict of Interest‘ does not include any interest that (i) is no greater than that of other persons generally affected by the outcome of a matter (such as a policyholder in an insurance company or a depositor in a bank), or (ii) has been disclosed to the Secretary and found not to be significant.

   “Executive Officer” means an agency secretary or deputy or a department commissioner or deputy.

   “Full-time appointee” means any appointee receiving a full-time salary for State service.

   “Private Entity” is any person, corporation, partnership, joint venture or association, whether organized for profit or not for profit, except those specifically chartered by the State of Vermont or which relies upon taxes for at least fifty percent (50%) of its revenues.

   “Public Body” means any State agency, department, division or office and any board or commission of any such entity or any independent board or commission in the executive branch of the State.

   “Secretary” shall, unless otherwise specified, mean the Secretary of Civil and Military Affairs.

2. General Conduct.

   An Appointee must conduct the affairs of their office in such a manner as to instill public trust and confidence in the integrity of State government. Further, Appointees have a responsibility to act as examples and set a civil and respectful tone in the public discourse.

   A. Thus, an Appointee shall always, and without exception, be honest, helpful and fully committed to the principle that all authority is derived from the people, and therefore, all officers of government, whether legislative or executive, are servants of the people and at all times, in a legal way, accountable to them. [VT. Const., Ch I, Article 6]

   B. Appointees shall take all reasonable steps to avoid any action or circumstances, including acts or circumstances which may not be specifically prohibited by this Code, which might result in:

3. Personal Interests, Outside Employment and Financial Activities.
4. Reports.

   A. Appointees

   Within thirty days of appointment and thereafter annually on June 30, every Appointee who earns $30,000 or more per year shall file with the Secretary an ‘Ethics Questionnaire‘ as prescribed in Exhibit B. These questionnaires shall be treated as confidential personnel documents as defined by 1 VSA § 317(b)(7) and kept as such during the gubernatorial administration in which the Appointee serves, or for one year after the Appointee leaves office, whichever occurs first, at which point they will be destroyed.

   B Executive Officers ( 3 V.S.A. § 1211 )

   In addition, if an Executive Officer’s spouse or domestic partner is a lobbyist as defined in 2 V.S.A. § 261, the Executive Officer shall disclose that fact and provide the name of his or her spouse or domestic partner and, if applicable, the name of his or her lobbying firm.

   An Executive Officer shall file his or her disclosure with the Ethics Commission on or before January 15 of the odd-numbered year or, if he or she is appointed after January 15, within 10 days after that appointment.

5. Enforcement.

   The purpose of this Executive Code of Ethics is to provide guidance to Appointees covered herein. During such appointment, except as otherwise required by law, only the Governor or his designated agent shall have the power to sanction any violations hereof. Nothing in this Code shall create a right to continue State employment. The remedy for a violation of post-employment restrictions set forth in Section III(B) shall rest with the Public Body before which the former Appointee appears and, barring unusual circumstances, shall result only in disqualifying the former Appointee from appearing or participating in the matter.

6. Effective Date.

   Except as otherwise required by law, this Executive Order supersedes and replaces Executive Order No. 09-11 (codified as No. 3-53), dated July 21, 2011. This Executive Order shall take effect upon signing.

   Dated December 4, 2017.

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1. Undermining his or her independence or impartiality or action;
2. Taking official action based on unfair considerations;
3. Giving preferential treatment to any private interest or Private Entity based on unfair considerations;
4. Giving preferential treatment to any family member or member of the Appointee’s household;

   (6) Using public office to secure special privileges or exemptions;

   (7) Adversely affecting the confidence of the public in the integrity of state government.

   (8) Undermining the climate of civility and respect required for every open, democratic government to thrive.

   C. Every appointee shall be true and faithful to the State of Vermont and will not, directly or indirectly, do any act or thing injurious to the Constitution or Government of the State of Vermont. Every Appointee will faithfully execute the office which he or she holds and will therein do equal right and justice to all men and women, to the best of his or her judgment and ability, according to law. [VT. Const., Ch II, Section 56]

   D. Appointees shall always treat each other, employees, staff, volunteers and the public with dignity, respect, empathy and courtesy.

   E. Appointees shall support efforts to create and maintain a diverse and effective work force.

   F. Appointees shall promote a workplace that is free from sexual harassment, or inappropriate personal relationships, and shall take quick and effective action to ensure that sexual harassment does not occur or persist.

   G. Every Full-Time Appointee shall devote his or her worktime to the duties of his or her office.

   H. An Appointee shall not use State property nor permit others to use State property unless the use is reasonably related to his or her official responsibilities or the conduct is permitted pursuant to a duly adopted State or agency personnel policy.

   I. An Appointee shall not enter into any commitment to expend State funds unless the expenditure is reasonable and valuable to the State and made in accordance with all applicable statutes, rules, directives or Bulletins from the Secretary of the Agency of Administration.

   J. An Appointee shall be in good standing with respect to, or in full compliance with a plan to pay, all taxes due the United States, the State of Vermont and the municipality of residence. An Appointee shall be in good standing with respect to, or in full compliance with a plan to pay, all child support obligations.

   K. All Full-Time Appointees shall attend State-sponsored training on issues related to sexual harassment and governmental ethics at least annually.

5. Using public office for the advancement of personal interest;

   Exemptions sought under this Code shall be issued only to further the twin goals of this Code: 1) to establish high standards of ethical conduct for all Appointees and 2) to encourage those Vermonters best qualified to serve in State government.

   A. Ethical Rules While in State Employ:

   (1) No Full-Time Appointee shall be the owner of, or financially interested, directly or indirectly, in any Private Entity or private interest subject to the supervision of his or her respective Public Body, except as a policy holder in an insurance company or a depositor in a bank ( 3 V.S.A. § 204 ). For this Executive Order, a direct or indirect financial interest excludes:

   a. any insignificant interest held individually or by a member of the Appointee’s immediate household or by a business associate, or

   b. any interest which is no greater than that of other persons who might be generally affected by the Supervision of the Appointee’s Public Body.

   (2) An appointee shall not take any action in any matter in which he or she has either a Conflict of Interest or the appearance of a Conflict of Interest, until Conflict is resolved.

   (3) An appointee shall not take any official action that materially advances the interest of any Private Entity with which the Appointee is actively seeking employment.

   (4) A full-time Appointee shall not, for pecuniary gain, be an advocate for any Private Entity in any matter before any Public Body or before the State General Assembly or its committees.

   (5) An appointee, while in State employ, shall not solicit or receive any payment, gift, or favor based on any understanding which may be reasonably implied by the Appointee or inferred by the donor, that it may influence any official action.

6. An Appointee shall not solicit or receive any payment, gift or favor from any private interest or Private Entity which has, or seeks to obtain, contractual or other business or financial relationships with the Appointee’s Public Body; conducts business or activities that are regulated by the Appointee’s Public Body; or has an interest that may be substantially affected by the Appointee’s official actions.
7. An Appointee, or his or her designee, shall not accept gifts or trips from private interests or Private Entities if the gifts or trips (i) are a quid pro quo; (ii) are intended to influence any decision by the Appointee; or (iii) create an appearance of a Conflict of Interest.
8. Except in the event (i) a specific law, rule or regulation requires disclosure, or (ii) the State has entered into a confidentiality or non-disclosure agreement consistent with applicable State or federal law, regulation, rule or policy, an Appointee shall not disclose to any Private Entity any confidential or privileged information obtained while in State employ.
9. An Appointee or his or her family shall not trade in stock or otherwise transact private business based upon information obtained by the Appointee through his or her work on behalf of the State.
10. It is the Governor’s expectation that Appointees will use State-provided equipment and official e-mail addresses for primarily State business purposes.  Personal use shall be limited and must not: (i) interfere with normal business activities; or (ii) be associated with any outside for-profit business activity of the Appointee.
11. Appointees are strongly encouraged to engage in electronic communications regarding official business only on their official email accounts.  If private accounts must be used, Appointees shall copy their official e-mail accounts on all such outgoing communications and forward any received messages on which their official emails are not copied. If substantive discussion (not otherwise documented) relating to the work of the Public Body occurs on a text-messaging system, such discussion is to be copied to a separate public record format (such as by copying the relevant text messages to the appointee’s official e-mail).
12. Email messages and other electronic data produced or acquired in the course of the business of the Public Body is considered a public record subject to disclosure under the Vermont Public Records Act, regardless of whether the record resides in a State-provided system or a private account; provided, however, solely for purposes of this subsection, “public body” does not include councils or similar groups established by the Governor for the sole purposes of advising the Governor with respect to policies.  Upon receipt of a records request, Appointees shall provide their Records Officers all responsive records in their own custody and control.

    B. Ethical Rules After State Employ:

    (1) For one year after leaving office, a former Appointee shall not, for pecuniary gain, be an advocate for any Private Entity before any Public Body or before the State General Assembly or its committees, regarding any particular matter in which:

    a. the State is a party or has a direct and substantial interest; and

    b. the Appointee had participated personally and substantively while in State employ.

    (2) This prohibition applies to any matter the Appointee directly handled, supervised or managed, or gave substantial input, advice or comment, or benefited from, either through discussing, attending meetings on, or reviewing materials prepared regarding the matter.

    (3) For one year after leaving office, a former Full-Time Appointee shall not, for pecuniary gain, be an advocate for any Private Entity before any Public Body or before the State General Assembly or its committees, regarding any particular matter in which the Full-Time Appointee had exercised any official responsibility.

    (4) Subject to exemptions set forth in 2 V.S.A. § 262, for one year after leaving office, an Executive Officer, shall not be a lobbyist (as defined in 2 V.S.A. § 261 ), in this State.

    In addition to the reporting required in Section IV(A) above, pursuant to 3 V.S.A. § 1211 , each Executive Officer shall biennially file with the State Ethics Commission a disclosure form that contains the following information in regard to the previous calendar year:

    (1) Each source, but not amount, of personal income of the Executive Officer and of his or her spouse or domestic partner, and of the Executive Officer together with his or her spouse or domestic partner, that totals more than $5,000.00, including any of the sources meeting that total described as follows:

    a. employment, including the employer or business name and address and, if self-employed, a description of the nature of the self-employment without needing to disclose any individual clients; and

    b. investments, described as “investment income.”

    (2) Any board, commission, or other entity that is regulated by law or that receives funding from the State on which the Executive Officer served and the Executive Officer’s position on that entity.

    (3) Any company of which the Executive Officer or his or her spouse or domestic partner, or the Executive Officer together with his or her spouse or domestic partner, owned more than 10 percent.

    (4) Any lease or contract with the State held or entered into by:

    a. the Executive Officer or his or her spouse or domestic partner; or

    b. a company of which the Executive Officer or his or her spouse or domestic partner, or the officer together with his or her spouse or domestic partner, owned more than 10 percent.

CODE OF ETHICS ACKNOWLEDGEMENT I, , having been appointed to the position of , hereby acknowledge having received and read Executive Order 19-17, the Executive Code of Ethics, promulgated on December 4, 2017, and agree to adhere to it. Signature: Date: Name (print): OATH OF OFFICE I, , do solemnly swear/affirm that I will be true and faithful to the State of Vermont, and that I will not, directly or indirectly, do any act or thing injurious to the Constitution or Government thereof. So help me God. / Under the pains and penalties of perjury. I , do solemnly swear/affirm that I will faithfully execute the Office of , for the State of Vermont, and that I will therein do equal right and justice to all persons, to the best of my judgment and ability according to law. So help me God. / Under the pains and penalties of perjury. I , do solemnly swear/affirm that I will support the Constitution of the United States. So help me God. / Under the pains and penalties of perjury. Signature: STATE OF VERMONT COUNTY, SS At , in said County, this day of , 2017, personally appeared and took and subscribed the foregoing oath of office and allegiance. Before Me, Notary Public My Commission expires EXECUTIVE ORDER NO. 19-17 EXHIBIT B ETHICS QUESTIONNAIRE In accordance with the Executive Order No. 19-17 Executive Code of Ethics, every Appointee, as defined therein, who earns $30,000 or more per year, shall fill out and file this questionnaire annually, on or by June 30, with the Secretary of Civil and Military Affairs. This questionnaire shall be treated as a confidential personnel document pursuant to and kept as such during the gubernatorial administration in which the Appointee serves, or for one year after the Appointee leaves office, whichever occurs first. 1 V.S.A. § 317(c)(7) The purpose of this questionnaire is to determine any significant personal interests of Appointees that might conflict with the best interests of the state. It is understood that individuals serving the state as Appointees may have pecuniary interests that may relate to matters arising in the course of their performance of the official responsibilities. This form is intended to identify those interests and provide assurance that conflicts of interest will not impair fair and impartial state actions. Appointees must avoid Conflicts of Interest and, where they do occur, must disclose them to the Secretary of Civil and Military Affairs. In answering questions, please disclose not only your own direct interests but also any indirect or beneficial interests which could arise through members of your immediate family (spouses, dependent children) or through persons who reside in your home or by reason of a trust or partnership arrangement in which you or a member of your immediate family or household participates or has an interest. (Use reverse side or an additional sheet or paper to give additional information, if necessary.) 1. Are you, your spouse, or a member of your immediate family the director, officer, partner or employee of any enterprise that, to your knowledge, does business or has a financial relationship with the State of Vermont? If yes, please list all such positions. Yes No 2. To the best of your knowledge, except for securities that are listed on a national exchange, do you own directly, indirectly, or beneficially, securities, options, or rights to purchase securities or share in profits of companies doing business with the State? If yes, list company and percent of total shares. Yes No 3. Do you directly, indirectly or beneficially, have any ownership interest in a proprietorship, partnership, or syndicate that, to your knowledge, operates any business which does business with the State? If yes, explain briefly. Yes No 4. To the best of your knowledge, does there currently exist any creditor-debtor relationship between you, directly or indirectly, and any non-financial organization doing business with the State, except normal charge accounts and installment purchase accounts? If yes, explain briefly. Yes No 5. Are you receiving commissions or any forms of compensation, gift or reward on business transacted with the State either directly or through a third person? If yes, explain briefly. Yes No 6. In addition to the information reported above, do you have any direct or indirect business relationships which may reasonably be considered to have some influence on your judgment and decisions involving transactions with the State, or otherwise during the performance of your duties and responsibilities as a Appointee? If yes, explain briefly. Yes No 7. Are you in good standing with respect to, or in full compliance with a plan to pay, any and all taxes due the State of Vermont, the State of Vermont and the municipality of residence? If no, explain. Yes No 8. If you are under an obligation to pay child support, are you in good standing with respect to that obligation? Yes No If no, have you entered into a payment plan with the Vermont Office of Child Support and are you in full compliance with that payment plan? Yes No 9. I agree to disassociate myself from situations where possible conflicts of interest pertaining to any matter addressed in this questionnaire might occur, when requested by the Governor or his or her representative, the Secretary of Civil and Military Affairs. 10. To the best of my knowledge, the answers to all of the above questions are true and complete in every respect. Signed Date: Name (printed): Position:

Executive Order No. 3-85 (No. 06-17) [Creation of the Agency of Digital Services.

WHEREAS, the Governor, pursuant to 3 V.S.A. Section 2001, may make such changes in the organization of the executive branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, it is desirable to reorganize the departments and divisions of government by better coordinating certain activities and to improve the coordination and effectiveness of services to the public; and

WHEREAS, the Department of Information and Innovation and various State agencies purchase information technology (IT) products and services, administer IT programs and provide IT services; and

WHEREAS, the existing structure of centralized IT and decentralized IT operating in parallel has made it difficult to (i) share data; (ii) capture comprehensive IT usage metrics, including spending; (iii) develop a comprehensive strategy for funding, procurement and use of IT; (iv) ensure results based accountability; and (v) collaborate on statewide best practices; and

WHEREAS, many states have restructured information technology governance in order to increase efficiency, broaden transparency and enable more strategic use of IT; and

WHEREAS, restructuring IT governance presents an opportunity to better align business functions and IT through:

1. Improved coordination of technology procurements;
2. Improved project management practices and standards;
3. Improved communication among State agency and department technology resources;
4. Improved IT governance;
5. Utilization of technology skills and resources across departments for the benefit of all agencies and departments;
6. A comprehensive understanding of IT spending;
7. Support of results based accountability;
8. Realignment of IT resources with State priorities; and

   WHEREAS, this restructuring offers benefits to State employees through greater opportunities for professional development within State government; and

   WHEREAS, the State could improve and more efficiently deliver services to the public through the creation of the Agency of Digital Services.

   NOW, THEREFORE, by virtue of the authority vested in me by 3 V.S.A. Chapter 41 as Governor, I, Philip B. Scott, do hereby create an Agency of Digital Services. The Agency of Digital Services shall be the successor to, and the continuation of, the Department of Information and Innovation.

1. All duties, obligations, responsibilities and authority, including all contracts, grant agreements, service level agreements and MOUs of the Department of Information and Innovation are hereby transferred to the Agency of Digital Services and shall continue in force and effect without any interruption in their functions.
2. All financial assets and liabilities of the Department of Information and Innovation are hereby transferred to the Agency of Digital Services and shall be accounted for in the Internal Services Fund, known as the Communications and Information Technology Fund.
3. The position of the Commissioner of the Department of Information and Innovation is abolished and all the duties, responsibilities and authority of the Commissioner are hereby transferred to the Secretary and Chief Information Officer of the Agency of Digital Services.
4. All other authorized positions and equipment of the Department of Information and Innovation are transferred to the Agency of Digital Services.
5. Effective April 17, 2017, the Agency of Digital Services shall be headed by the Secretary and Chief Information Officer (together, the “CIO”) appointed by the Governor with the advice and consent of the Senate.
6. Effective April 17, 2017, the CIO of the Agency of Digital Services may appoint a Chief Financial Officer who shall be exempt from the classified service.
7. Effective April 17, 2017, the Agency of Digital Services shall consist of five divisions: (A) the Security Division which shall be headed by the Chief Information Security Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (B) the Enterprise Architecture Division which shall be headed by the Chief Technology Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (C) the Data Management Division which shall be headed by the Chief Data Officer appointed by the CIO of the Agency of Digital Services, with the approval of the Governor; (D) the Division of Enterprise Project Management; and (E) the Division of Shared Services.  The Division of Enterprise Project Management and the Division of Shared Services shall each be headed by a Director appointed by the CIO of the Agency of Digital Services, with the approval of the Governor.  The Chief Information Security Officer, the Chief Technology Officer, the Chief Data Officer and the Directors shall be exempt from the classified service.
8. Effective April 17, 2017, all existing department and agency technology leaders, including, but not limited to, chief information officers and directors of information technology (“technology leaders”), and their professional IT personnel in the Executive Branch agencies and departments, shall report directly to the CIO of the Agency of Digital Services.
9. The Commissioner of the Department of Human Resources and the CIO of the Agency of Digital Services, in consultation with agency and department heads, shall identify technology leaders.  The Commissioner of the Department of Human Resources and the CIO of the Agency of Digital Services shall define the position duties and identify and determine appropriate classifications for all State personnel who perform information security activities, as that term is defined in 3 V.S.A. § 2222(9) and information technology activities, as that term is defined in 3 V.S.A. 2222(10).  All technology leaders shall be exempt from the classified service.
10. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all positions and incumbents identified by the Commissioner of Human Resources and the CIO of the Agency of Digital Services as set forth above, shall transfer to the Agency of Digital Services.  Technology leaders and professional IT personnel shall remain in their current physical locations.
11. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all appropriations associated with the positions transferred pursuant to paragraph 10 above, shall transfer from the affected agencies and departments to the Agency of Digital Services.
12. Beginning April 17, 2017, on an agency-by-agency and department-by-department basis, all the functions, equipment, supplies and inventory associated with the positions transferred pursuant to paragraph 10 above, shall transfer from the affected agencies and departments to the Agency of Digital Services.  All agency and department contracts for goods and services shall remain with the respective agencies and departments.
13. The CIO of the Agency of Digital Services shall further study the effectiveness, priority and delivery of IT services and shall report to the Governor any additional recommendation for restructuring and/or statutory changes by November 17, 2017.

    This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 and shall take effect on April 17, 2017, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002 (b) .

    Dated January 15, 2017.

Executive Order No. 3-86 (No. 02-18) [Internet Neutrality in State Procurement.

WHEREAS, Vermonters rely on open and unrestricted access to the value and economic opportunity the Internet offers; and

WHEREAS, Vermont’s educational institutions require a free and open Internet to educate students, promote social and intellectual growth, and to prepare them to succeed in the global economy; and

WHEREAS, Vermont’s school students rely on a free and open Internet to take full advantage of the vast amount of information, services, and communications opportunities available through online sources, and to develop into well-rounded citizens engaged in the world beyond their geographic limits; and

WHEREAS, Vermont State employees use the Internet every day to serve citizens and conduct the business of the State; and

WHEREAS, throttling or paid prioritization of Internet services could adversely impact these institutions and the economic and social advancement of, and work for Vermonters; and

WHEREAS, many important and often critical government services are offered online to facilitate easy and efficient access by Vermonters, and throttling or paid prioritization of Internet services could limit Vermonters’ ready access to these services and inhibit citizens, particularly those in need, from accessing important government services; and

WHEREAS, the Federal Communications Commission (FCC) recently issued its order, “Restoring Internet Freedom” which eliminated net neutrality principles; and

WHEREAS, this Administration bears the ongoing responsibility of ensuring the efficient procurement of goods and services for State entities, and the principles of net neutrality are inherently tied to the provision of reliable, high-quality broadband Internet service for the State.

NOW, THEREFORE, BE IT RESOLVED THAT I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby issue the following directive to all State Agencies, as follows:

1. All State Agency contracts with Internet service providers shall include net neutrality protections, and specifically state that Internet service providers shall not:

   A. Block lawful content, applications, services, or nonharmful devices, subject to reasonable network management that is disclosed to its customers;

   B. Throttle, impair or degrade lawful Internet traffic on the basis of Internet content, application, or service, or use of a nonharmful device, subject to reasonable network management that is disclosed to its customers;

   C. Engage in paid prioritization or providing preferential treatment of some Internet traffic to any Internet customer;

   D. Unreasonably interfere with or unreasonably disadvantage either:

   i. A customer’s ability to select, access, and use broadband Internet access service or the lawful Internet content, applications, services, or devices of their choice; or

   ii. An edge providers’ ability to make lawful content, applications, services, or devices available to a customer;

   “State Agency” as used in this Executive Order shall include all State agencies, departments, commissions, committees, authorities, divisions, boards or other administrative units of the Executive Branch, including elected offices as well as those having express statutory authority to enter into contracts (Agencies).

2. As soon as practicable, but in no event later than April 1, 2018, the Agency of Administration shall amend the State’s Procurement and Contracting Procedures as necessary and appropriate to comply with this directive.
3. Waivers to these Procedures may be granted by the Secretary only upon receipt of a written justification from a State Agency and a finding by the Secretary a waiver would serve a legitimate and significant interest of the State.  The Department of Public Service shall resolve any dispute over the definition of terminology used in this Executive Order.
4. Each State Agency that procures telecommunications services shall cooperate with the Agency of Administration and the Department of Buildings and General Services in implementing this Executive Order.  State Agencies must receive approval from the Agency of Digital Services and the Secretary of Administration before procuring Internet services, including cellular data and/or wireless broadband Internet services.
5. The Department of Public Service, in consultation with the Secretary of ADS, shall evaluate and advise the Governor on potential actions to promote net neutrality in order to protect Vermonters’ access to a free and open internet.  This may include requiring Internet service providers to provide notice to their customers regarding network and transport management practices and performance and commercial terms of their broadband Internet access services sufficient for (A) consumers to make informed choices regarding use of such services and for content, application, service, and (B) device providers to develop, market, and maintain Internet offerings.
6. Nothing in this Order shall be construed to supersede any federal law.
7. This Executive Order shall take effect upon signing.

   Dated February 15 2018.

Executive Order No. 3-87 (No. 04-18) [Racial, Ethnic and Cultural Disparity Mitigation.

WHEREAS, Vermont and Vermonters have a rich history of celebrating freedom and diversity, including the abolition of slavery in 1777; activism in the abolitionist movement; recognition of same sex marriage; state recognition of Abenaki people; and protection of undocumented immigrants from potentially overreaching federal enforcement by recent legislative action; and

WHEREAS, Vermont’s tradition of leadership in freedom and diversity is still a vibrant thread in the fabric of our State; and

WHEREAS, our national dialogue on many critically important issues has been reduced to angry, hateful social media posts, and the space for meaningful conversation and respectful disagreement has been diminished and appears to be shrinking; and

WHEREAS, Vermont must continue its rich tradition and commitment to civility and respect for others and to celebrating and honoring our differences; and

WHEREAS, Vermont seeks to achieve equality and equity and to create a culture in which racial, ethnic and other cultural disparities are openly acknowledged and addressed, and where no one person is more likely to experience society’s benefits or burdens than any other person; and

WHEREAS, the State of Vermont is committed to equal employment opportunity, fostering a culture of inclusion, devoting sufficient resources to reduce racial, ethnic and other cultural disparities across all systems of State government and implementing an improved talent acquisition process to attract and hire a high performing, diverse workforce; and

WHEREAS, the State of Vermont is committed to identifying racial, ethnic and other cultural disparities throughout State government systems and functions, and to eliminating them, as one of the state’s largest employers and as a provider of a variety of essential services to the public at large; and

WHEREAS, the State of Vermont has demonstrated leadership and has achieved notable and laudable success in addressing racial and other disparities by engaging with community partners and through the work of Executive Branch agencies, departments, commissions and councils, for example, the Department of Public Safety through its Fair and Impartial Policing Initiative; the Agency of Transportation through its Office of Civil Rights, the Agency of Education through partnerships with professional associations in anti-bias efforts, and the Governor’s Workforce Equity and Diversity Council (GWEDC) in increasing minority representation in the state government workforce; and

WHEREAS, these achievements must serve as a model for all agencies and departments of State government upon which to build and promote racial, ethnic and cultural equity in State employment and in the provision of essential governmental services to all Vermonters.

NOW, THEREFORE, BE IT RESOLVED THAT I, Philip B. Scott, by the authority vested in me as Governor of the State of Vermont, do hereby issue the following directive to the Executive Branch to promote racial, ethnic and other cultural equity, equality and equal opportunity in Vermont.

1. Establishment of Panel and Officer.

   A. There shall be created and established within the Executive Branch a Chief Racial Equity and Diversity Officer (“Officer”) and a Racial, Ethnic and Cultural Equity Advisory Panel (“Panel”) to identify and work to eradicate systemic racism and racial, ethnic and other cultural disparities within State government.

   B. The Officer shall be appointed by the Governor from a list of qualified applicants to be nominated for the position by the Panel, after a recruitment process during which the Commissioner of the Department of Human Resources, in consultation with the Panel, will establish qualifications and advertise the position for recruitment. The Secretary of Administration is hereby directed to review the existing pool of vacant opportunities for exempt employees to create and fund this position.

   C. The Officer shall be a full-time exempt employee within the Agency of Administration, shall report to the Secretary of Administration and shall work with all Executive Branch agencies and departments to implement a program of continuing coordination and improvement of activities in State government to combat systemic racial, ethnic and other cultural disparities, and to measure progress toward more fair and impartial governance. The Officer shall:

   1. Conduct and oversee a comprehensive organizational review to identify overt and implicit bias, systemic racism and racial, ethnic and other cultural disparities in the Executive Branch and to identify and inventory systems in place that engender such disparities;
   2. Manage and oversee the collection of race-based data across the Executive Branch to determine the nature and scope of racial discrimination within all Executive Branch State government systems;
   3. Develop a model fairness and diversity policy, and review and make recommendations regarding the fairness and diversity policies held by all Executive Branch State government agencies and departments;
   4. Collaborate with Executive Branch agencies, departments, boards, and commissions to gather relevant existing data and records necessary to carry out the purposes of this Executive Order, and to develop best practices for remediating systemic racial, ethnic and other cultural disparities throughout the Executive Branch of State government;
   5. Work with Executive Branch agencies and departments, and with the Chief Performance Officer, to develop performance targets and performance measures to evaluate results in improving systems.  These performance measures shall be included in each agency’s or department’s quarterly reports to the Officer, and the Officer shall include the performance targets and performance measures of each Executive Branch agency and department in an annual report to the Governor;
   6. In consultation and coordination with the Department of Human Resources and agencies and departments, develop and conduct training programs for agencies and departments regarding the nature and scope of systemic racism, implicit bias and the institutionalized nature thereof;
   7. Periodically report to the Panel on the progress towards carrying out the duties established in this Executive Order; and
   8. Evaluate existing State Executive Orders which are designed to address equity and diversity issues and recommend, for the Governor’s consideration, updates, modifications or sunset provisions.

      D. The Officer shall be the designated Executive Branch liaison to the Vermont Human Rights Commission and shall be available to the Judicial and Legislative branches of State government to assist, as requested by those co-equal branches, with respect to all issues pertaining to systemic racial, ethnic and other cultural disparities.

      E. The Officer shall serve in an advisory role to the State Equal Employment Opportunity Officer and the GWEDC.

      F. Upon request, the Officer shall be made available to report to legislative committees on the process for developing a comprehensive organizational review for the identification of overt and implicit bias, systemic racism and racial, ethnic and other cultural disparities in the Executive Branch, as set forth in Section I(C)(1) above.

      G. The Panel shall consist of five members appointed by the Governor in consultation Panel with the Chair of the Human Rights Commission, the Speaker of the House, the President of the Senate, the Chief Justice of the Supreme Court and the Secretary of Administration.

      Panel Members shall be drawn from diverse backgrounds to represent the interests of ethnic and diverse communities throughout the State, shall have the skills and experience necessary to effectively and efficiently provide advice regarding the work of the Officer described in Section I (C) of this Executive Order and, to the extent possible, represent geographically diverse areas of the State.

      The term of each member shall be three years, except that the initial appointments shall be one one-year term, two two-year terms and two three-year terms. As terms of currently serving members expire, appointments of successors shall be in accord with the provisions of this subsection. The members of the Panel shall elect a Chair.

      H. The Panel’s initial responsibilities and duties shall be to assist and advise the Commissioner of the Department of Human Resources to develop a comprehensive job description for the Chief Racial Equity and Diversity Officer position. Thereafter, the Panel shall participate in the recruitment process by reviewing and interviewing applicants and nominating all well qualified candidates for consideration for appointment by the Governor.

      I. Thereafter, the Panel shall meet as needed and at least semi-annually and be advisory to the Governor with respect to issues of systemic racial, ethnic and cultural disparities to ensure continuous progress toward the elimination of such disparities.

      J. Each member of the Panel shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010 .

2. Training.

   All full-time Executive Branch gubernatorial appointees shall attend annual State-sponsored training on issues related to racial equity and diversity.

3. Recruitment.

   The State will recruit, retain, and develop a highly qualified and diverse workforce and membership on State Boards and Commissions. Recruitment procedures shall be in place to attract a diverse pool of applicants to all occupational categories. All personnel involved in the recruiting, screening, and selection processes shall be properly trained to ensure the elimination and absence of bias in all recruitment activities.

4. Effective Date.

   This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor or June 30, 2024, whichever is earlier.

   Dated May 30, 2018.

Executive Order No. 3-88 (No. 03-19) [Justice Reinvestment II Working Group.

WHEREAS, Vermont has a history of implementing innovative and effective policy interventions and evidence-based practices and programs to improve public safety and public health outcomes; and

WHEREAS, between 2007 and 2008, the Council of State Governments Justice Center (CSG), worked with Vermont state leaders to analyze Vermont’s criminal justice data, interview stakeholders across the criminal justice system, and develop data-driven policy options designed to reduce corrections spending and increase public safety which resulted in 2008 justice reinvestment legislation which improved screening and assessment for behavioral health treatment needs, increased access to community-based substance use treatment programs, focused supervision resources on individuals most likely to reoffend and expanded transitional housing opportunities and job training programs (“Justice Reinvestment I); and

WHEREAS, Justice Reinvestment I successfully reversed upward pressure on the prison population which, in 2007 was projected to increase 23% by 2018, so that it actually fell 7% between Fiscal Year 2007 and Fiscal Year 2015; and

WHEREAS, resources in our criminal justice system must continue to be deployed to combat crimes in our communities, but we must also thoughtfully evaluate whether we are effectively investing in strategies that break the cycle of crime and incarceration; and

WHEREAS, to better identify, analyze, and address challenges in Vermont-particularly those that lie at the intersection of the opioid crisis and criminal justice-Vermont state leaders have elected to form a working group and seek support from the U.S. Department of Justice’s Bureau of Justice Assistance and The Pew Charitable Trusts to gather data, evaluate processes and programs, and make recommendations on policies designed to most efficiently allocate resources while keeping the public safe, thus freeing up funds for reinvestment in strategies that improve public safety and public welfare; and

WHEREAS, this working group will bring state leaders, agencies and interested parties from across our criminal justice and behavioral health systems together to use data and best practices to inform policy changes and improvements.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Justice Reinvestment II Working Group, as follows:

1. Composition and Appointments

   The Justice Reinvestment II Working Group shall consist of two members of the administration appointed by the Governor, the Defender General, or designee, the Attorney General, or designee, the Executive Director of States Attorneys and Sheriffs, or designee, the Executive Director of Racial Equity, the Commissioner of the Department of Public Safety or designee, the Commissioner of the Department of Corrections or designee, the Commissioner of the Department of Mental Health or designee, the Commissioner of the Department of Health, or a designee with expertise in the public health effects of the opioid crisis in Vermont, a representative from the ACLU of Vermont and a representative from the Vermont Network Against Domestic and Sexual Violence. Further, the Governor shall invite the Speaker of the House to appoint two members of the House and the Senate Committee on Committees to appoint two members from the Senate.

   The Governor shall invite the Chief Justice to serve as Chair of the Commission and appoint one other member of the Judiciary.

2. Justice Reinvestment II Working Group Charge and Process

   The Justice Reinvestment II Working Group will assess the population trends and programming in the State’s corrections system and consider criminal justice reform strategies as part of the Justice Reinvestment II initiative with the overarching goals of promoting safer, healthier communities and reducing costs.

   The Justice Reinvestment II Working Group will work with the CSG to conduct a review of programming, transitional services and population trends in Vermont’s correctional facilities. The review may include an evaluation of the women’s corrections population in Vermont and the programming and services to meet their needs, the detention population and barriers that exist to reducing the corrections population.

   The CSG review shall include direct engagement and learning from interested parties statewide, including, but not limited to Vermonters for Criminal Justice Reform, Vermont Crime Victim Services, Vermont branches of the NAACP, Migrant Justice and the Pride Center of Vermont.

   All departments, offices, boards and agencies of the State shall provide assistance and cooperation to the Working Group and the CSG which may be necessary to fulfill the purposes of this Executive Order.

   On or before December 1, 2019, the Justice Reinvestment II Working Group report on the data collected, options developed and analyzed and recommendations for policy changes.

3. Expense Reimbursement

   I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not full-time State employees pursuant to 32 V.S.A. § 1010(e) .

4. Effective Date

   This Executive Order shall take effect upon execution.

   Dated July 9, 2019.

Executive Order No. 3-89 (No. 09-19) [Vermont 2020 Complete Count Committee.

WHEREAS, Article I, Section 2 of the United States Constitution requires the federal government to undertake a census every 10 years; and

WHEREAS, pursuant to Section 141 of Title 13 of the United States Code, the next federal census will be on April 1, 2020; and

WHEREAS, having a complete and accurate count of Vermont’s population is essential for the fair representation of the citizenry in the U.S. Congress, the State of Vermont legislature and the legislative bodies of local government; and

WHEREAS, the results of the census are the foundation for many important decisions made by federal and state government, including the disbursement of billions of dollars of federal funds to states based on population; and

WHEREAS, the U.S. Census Bureau identifies particular groups of residents as “hard-to-count” populations that have traditionally been undercounted in the decennial census process, including but not limited to:

• young children;

• highly mobile persons;

• racial and ethnic minorities;

• non-English speakers;

• low income persons;

• persons experiencing homelessness;

• undocumented immigrants;

• persons who distrust the government;

• LGBTQ persons;

• persons with mental or physical disabilities;

• persons who do not live in traditional housing; and

WHEREAS, it is critically important that census outreach and education efforts focus on reaching these hard-to-count populations to ensure the results of the 2020 Census are as accurate as possible; and

WHEREAS, it will take the collaboration of community leaders, non-profit organizations, local government, legislative leaders and the Governor of the State of Vermont to raise public awareness of the importance of the 2020 Census and to find ways to support census data-collection efforts; and

WHEREAS, the U.S. Census Bureau recommends each state create a State Complete Count Committee with the goals of heightening awareness about the 2020 Census and encouraging residents to participate.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby order and direct the creation of the “Vermont 2020 Complete Count Committee” which shall be constituted as set forth below:

1. Composition and Appointments.

   The Vermont 2020 Complete Count Committee shall consist of not more than 30 members to be appointed by the Governor. Governmental members shall include:

   1. Secretary of the Agency of Administration, or designee;
   2. Secretary of the Agency of Commerce and Community Development, or designee;
   3. Secretary of the Agency of Digital Services or designee;
   4. Secretary of the Agency of Education, or designee;
   5. Secretary of the Agency of Agriculture, Food and Markets, or designee;
   6. Secretary of the Agency of Human Services, or designee;
   7. Commissioner of the Department for Children and Families, or designee;
   8. Commissioner of the Department of Health, or designee;
   9. Commissioner of the Department of Labor, or designee;
   10. Vermont State Data Center Coordinator;
   11. Vermont Secretary of State, or designee;
   12. With the consent of the Vermont Senate, no more than two members to be appointed by the Committee on Committees;
   13. With the consent of the Vermont House of Representatives, no more than two members to be appointed by the Speaker of the House; and

       The remaining appointments to the Committee shall be broadly representative of the following sectors:

       1. Municipal government, including at least one community with low interest access;

       2. Community Action Agencies;

       3. Minority, immigrant and refugee communities;

       4. Homeless shelter providers;

       5. Youth-focused or child advocacy organizations;

       6. Education;

       7. Senior citizens;

       8. The LGBTQ community;

       9. Charitable foundations, community foundations, or faith-based organizations;

       10. The health care community;

       11. Local business and economic development; and

       12. Media/public relations.

       In making appointments, the Governor shall make efforts to ensure diverse geographic, cultural, ethnic and gender representation on the Committee.

2. Charge.

   The Committee shall identify barriers that may impede the full participation of Vermonters in the 2020 Census and shall develop, recommend and assist in the administration of an outreach action plan designed to overcome these barriers and to ensure as complete a count as possible of Vermont’s population in the 2020 Census.

   The census outreach strategy shall include, but not be limited to, state agency initiatives to encourage participation in the 2020 Census, the establishment and support of school-based outreach programs, partnerships with non-profit community-based organizations, and a multi-lingual, multi-media campaign designed to ensure an accurate and complete count of Vermont’s population.

   The Committee shall collaborate and coordinate with the United States Bureau of the Census and any other groups in the State needed to carry out Vermont’s outreach strategy.

   The Committee shall endeavor to provide resources and referrals to people in the “hard-to-count” groups, such as housing placement opportunities for persons experiencing homelessness and access to legal resources for undocumented immigrants.

   The first meeting of the Committee shall occur no later than the first week of December 2019.

3. Process.

   The Chair of the Committee shall be appointed by the Governor.

   The Committee shall meet at the call of its Chair.

   The Agency of Commerce and Community Development shall provide administrative support to the Committee.

   To assist in carrying out its duties, the Committee may create and appoint subcommittees as it deems appropriate and shall solicit participation from relevant experts and practitioners involved in census issues.

   Members of the Committee shall serve terms that expire December 31, 2020. Vacancies in the committee shall be filled in like manner as the original appointment. All departments and agencies of the state government shall furnish such advice and information, documentary and otherwise, to the Committee and its agents deemed necessary or desirable by the Committee to facilitate the purposes of this Executive Order.

4. Expense Reimbursement.

   I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for members who are not full-time State employees pursuant to 32 V.S.A. § 1010(e) .

5. Effective Date  This Executive Order shall take effect upon execution and shall expire on December 31, 2020.

   Dated November 14, 2019

Executive Order No. 3-90 (No. 10-19) [Transfer of Property in Plymouth from BGS to Division for Historic Preservation.

WHEREAS, certain State-owned land located in the Town of Plymouth, County of Windsor (the “Property”), very near to one of Vermont’s premiere historic sites, the birthplace, boyhood home and site of Calvin Coolidge’s swearing in as 30th president of the United States, is presently under the jurisdiction and control of the Agency of Administration, Department of Buildings and General Services (“BGS”); and

WHEREAS, in 2006, BGS and the Agency of Commerce and Community Development, Division for Historic Preservation (“DHP”), arranged for the installation of underground water storage tanks on the Property which are connected to water mains that lead to ten of the historic site buildings; and

WHEREAS, this work facilitated the installation of the sprinkler system in the Museum & Education Center, the most visited museum owned by the State and the State’s only presidential archive; and

WHEREAS, the DHP desires the use of the Property for the maintenance and control of the water tanks and the preservation of the viewshed from the historic site.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the power vested in me as Governor of the State of Vermont, do hereby transfer and set over to DHP for its purposes, from the jurisdiction and control of BGS, the following land and premises, to wit:

Being all the lands and premises conveyed to the State of Vermont by the following:

Being all and the same lands and premises conveyed to the State of Vermont by deed of Carol Jean Hoskison dated August 18, 2006 and recorded in Volume 102, Page 104 of the Plymouth Land Records. Said lands and premises are described in said deed as follows:

“A portion of the same land and premises deeded to James E. and Vivian N. Blanchard by Edna A. Blanchard by Warranty deed dated September 29, 1945, and recorded in Vol. 25, page 165 of Plymouth Land Records. Said portion of said land herein conveyed is described as follows:

‘Beginning at the southeast corner of land of Azro Johnson on the northerly side of the highway leading from the Coolidge homestead to Azro Johnson’s, said corner being the southwesterly corner of the parcel of land herein conveyed; thence northerly along a stone wall and bounded westerly by land of Azro Johnson, approximately 460 feet to a corner, a granite post in the ground; thence generally southeasterly in a straight line approximately 500 feet to a corner, a granite post in the ground; thence southerly in a straight line a distance of approximately 300 feet to a corner on the northerly edge of the aforesaid highway, a granite post in the ground; thence westerly along the northerly edge of said highway approximately 445 feet to the point of beginning.

‘There is also conveyed to the herein grantees, their heirs and assigns, a right of way of sufficient width for vehicles, from the aforesaid highway, across other land of the herein grantors near to the parcel of land herein conveyed near the southeast corner of said parcel.

‘Reserving and excepting, however, by the herein grantors, their heirs and assigns a right of way of sufficient width for vehicles, across the parcel of land herein conveyed from the aforesaid highway to the sugar lot premises of the herein grantors which lie northerly of the parcel of land herein conveyed.

‘Reference is had to the aforesaid deed, the deed therein referred to and records thereof, and said Land Records of Plymouth for a more particular description.

‘Reference is also had to a quit claim deed from Charles H. Hoskison and Eliza M. Hoskison to the Carol Jean Hoskison, whereby Charles H. Hoskison and Eliza M. Hoskison conveyed, by quit claim deed, their 2/3 interest in the land to Carol Jean Hoskison. Said quit claim deed is dated and recorded March 17, 1980 in Volume 40, Page 8 of the Plymouth Land Records.”

This Executive Order shall take effect upon execution.

Dated December 3, 2019

Executive Order No. 3-91 (No. 02-20) [Racial Equity Task Force.

AMENDED AND RESTATED EXECUTIVE ORDER NO. 02-20

WHEREAS, with the promulgation of Executive Order No. 04-18, codified as Executive Order No. 3-87, Governor Philip B. Scott clearly articulated a goal of having a more diverse and welcoming state; and

WHEREAS, Vermont must create a culture in which racial, ethnic and other cultural disparities are openly acknowledged and addressed; and

WHEREAS, the State of Vermont has demonstrated leadership in this regard through the creation of a Racial Equity Advisory Panel and the hiring of the Executive Director of Racial Equity; and

WHEREAS, the State must and will continue to address the challenges of achieving racial, ethnic and cultural equity across the State; and

WHEREAS, the COVID-19 pandemic has highlighted racial inequities across the United States, including in Vermont. COVID-19 and other emergencies demonstrate that disparities in times of crisis are reflective of disparities in times of prosperity, and that we must actively work to reduce structural inequities to ensure that no community is more vulnerable than another based on immutable factors such as race or ethnicity; and

WHEREAS, we must bring state leaders, agencies and interested parties together from across Vermont to examine existing law on hate crimes, evaluate systems of support and look to increase civic participation among racially diverse populations.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby create the Governor’s Racial Equity Task Force, as follows:

1. Composition and Appointments.

   The Governor’s Racial Equity Task Force may consist of up to ten members or approved alternates, including:

   1. the Executive Director of Racial Equity who shall be Chair;
   2. one member representing the Governor’s Office, appointed by the Governor;
   3. one member of the public, appointed by the Governor from among three individuals recommended by the Task Force;
   4. one member from the law enforcement community, appointed by the Governor;
   5. one member representing the Vermont chapters of the NAACP, appointed by the Governor;
   6. one member from the Vermont Commission on Native American Affairs, appointed by the Governor;
   7. one member representing the Vermont ACLU, appointed by the Governor; and
   8. the Executive Director of the Human Rights Commission.

      The Task Force may, in its discretion, consult with any agency or department, or private sector professionals, outside of the Task Force for information and advice. The Executive Director of Racial Equity shall consult with the Racial Equity Advisory Panel prior to finalizing Task Force recommendations.

2. Charge and Process.

   The Task Force is hereby ordered to undertake the following three projects in the following order of priority:

   1. Evaluate structures of support for racially diverse populations, particularly in light of the disparities in health outcomes highlighted by COVID-19:

      a. Structures that currently exist in Vermont;

      b. Models that have succeeded in other jurisdictions;

      c. Policy changes Vermont should consider or efforts the state can promote;

      d. Tools the state can provide to communities;

      e. Language access; and

      f. Economics, housing, healthcare and access to credit.

   2. Review current state and federal law on hate speech and freedom of speech and consider:

      a. Changes to state law that would facilitate prosecuting harassment, hate speech and other bias-motivated crimes; and

      b. Changes to State law necessary to ban Confederate flags or other similarly incendiary flags/images from being displayed in places that receive state funding. If all such proposed changes are determined by the Task Force to be highly likely to be found by a state or federal court to unconstitutionally restrict speech, after consultation with experts in constitutional law, the Task Force shall identify the entity most appropriate to conduct training and education in this regard.

   3. Study and present options for encouraging Vermonters from diverse, marginalized, or underrepresented racial and ethnic groups to run and serve in public office at all levels (local, state, including boards and commissions and federal). The Task Force shall determine:

      a. Who, or what, organization(s) should conduct the training;

      b. Whether there is grant funding available to support this effort; and

      c. Whether there is a program in Vermont or elsewhere that could be replicated.

      The Task Force shall be advisory to the Governor and make recommendations on the first Project by August 15, 2020. The Task Force shall also provide advice as needed by the Governor. Preliminary recommendations on Projects 2 and 3 shall be submitted to the Governor by December 15, 2020.

      The Task Force shall meet as needed and at least monthly. Meetings of the Task Force will be public and shall be held electronically for the duration of the COVID-19-related state of emergency and for so long thereafter as the Task Force deems practicable. The Task Force shall ensure notice of the meetings is received in different geographic regions of the State in order to encourage public participation.

      The Task Force shall receive administrative and staff support from the Office of the Governor and the Agency of Administration.

      To the extent funding is available, each member of the Panel shall be entitled to per diem compensation pursuant to 32 V.S.A. § 1010 .

3. Effective Date.

   This Executive Order shall take effect upon signing and shall continue in full force and effect until May 31, 2021 unless extended by the Governor.

   Dated June 1, 2020.

Executive Order No. 3-92 (No. 01-21) [Creation of the Agency of Public Safety.

Revoked and rescinded by Addendum to Executive Order No. 01-21, dated April 14, 2021.

ADDENDUM TO EXECUTIVE ORDER NO. 01-21

[Recission of Executive Order]

WHEREAS, the Governor has the power under 3 V.S.A. chapter 41 to alter the organization of the Executive Branch through use of the Executive Order; and

WHEREAS, Governors have used the Executive Order over the years for a variety of purposes, including the creation of certain boards, councils and commissions and the reorganization of the Executive Branch; and

WHEREAS, Executive Order 01-21 (Creation of the Agency of Public Safety), is no longer necessary due to legislative action in this area.

NOW THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor, do hereby revoke and rescind Executive Order 01-21 dated January 14, 2021 (Creation of the Agency of Public Safety).

This Addendum to Executive Order 01-21 shall take effect upon execution.

Dated April 14, 2021.

Executive Order No. 3-93 Terminates by its own terms at midnight, December 31, 2023, unless extended by the Governor. (No. 04-21) [Permitting Modernization Directive.

WHEREAS, Vermonters deserve a modern government providing efficient and effective services, including exemplary customer service and reasonable expectations; and

WHEREAS, the work of the Governor’s Cabinet over the last four years has highlighted the fact that Vermont’s diversity of statutes, rules and regulatory programs to encourage economic growth, improve our roadways, facilitate the work of our farmers in times of increasing economic stress, develop our outdoor recreation infrastructure and protect our natural resources, environment and public health often require complex and overlapping permitting and approval processes in an environment of highly politicized competing policy and resource demands; and

WHEREAS, coordinated support for both existing enterprises and new and expanded commercial opportunities are critical to Vermont’s economic prosperity and workforce growth needed to sustain educational and health and human services for Vermont’s most vulnerable; and

WHEREAS, it is unfortunate many perceive our system of permitting and approvals to be so cumbersome, complex, time-consuming and expensive they would rather risk non-compliance; and

WHEREAS, key to the support needed by Vermonters are permitting and approval processes that are rational and navigable; and

WHEREAS, optimizing total permitting time, modernizing and coordinating permitting processes and better utilizing technology to improve both oversight and efficiency, will benefit both Vermonters and Vermont’s environment; and

WHEREAS, continuously improving programs and processes is important, and ensuring that staff have the knowledge and skills to be able to do so effectively is crucial to meeting the ever-changing needs of Vermonters; and

WHEREAS, it is essential my Cabinet members use the continuous improvement skills we have developed to ensure greater collaboration and coordination across programs, departments and agencies to improve the customer experience of Vermonters while securing the environmental outcomes required in law and rule.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont, do hereby direct as follows:

1. Permitting Modernization Plan:

   A. The following Cabinet members shall work together to develop an implementable plan for an effective, Vermonter-focused land use permitting system designed to improve customer experience while securing environmental outcomes required in law and rule (“Permitting Modernization Plan”). This Commission shall be advisory to the Governor. The development of the Permitting Modernization Plan shall ensure a robust public participation process:

   1. Agency of Agriculture, Foods and Markets;
   2. Agency of Commerce and Community Development;
   3. Agency of Digital Services;
   4. Agency of Natural Resources;
   5. Agency of Transportation;
   6. Department of Health;
   7. Department of Public Safety; and
   8. Natural Resources Board.

      Meetings shall be chaired by the Secretary of Commerce and Community Development, or designee, who shall schedule regular meetings to be held at least monthly, and more frequently as needed. The first meeting shall be held by April 15, 2021.

      The Secretary of the Agency of Digital Services shall designate a Project Manager and the Chief Performance Officer shall designate a facilitator to support this initiative. The Project Manager and Facilitator shall coordinate and guide the Permitting Modernization Plan’s development process and record activities and decisions, using continuous improvement tools and methods appropriate for this task.

      The assigned Cabinet members shall immediately establish a multi-disciplinary team (“MDT”) to provide increased coordination on existing projects triggering multiple permit jurisdictions. Members of the MDT shall immediately develop a charter for approval by the Chair, acting on behalf of the Cabinet members. The MDT shall meet every week or as needed to streamline the permitting and approval processing for outstanding projects. The MDT shall be chaired by the lead representative from the Agency of Commerce and Community Development. The MDT shall have the direct support of the Project Manager.

      The Cabinet members shall ensure additional subject matter experts and resources are made available when deemed necessary by the Chair. The Chief Performance Officer and a liaison appointed by the Governor shall also support this work as necessary.

      B. The Permitting Modernization Plan shall be delivered to the Governor no later than May 31, 2021 and shall address, at a minimum:

      1. Key Performance Indicators (“KPI”) for the functioning of the permitting system, to include estimated total permitting time, and how those KPIs shall be made available to all Vermonters;

      2. The creation of a common entry system into the permitting process;

      3. The integration of existing and new permitting workflows into the Business Portal currently being upgraded by the Agencies of Commerce and Community Development and Digital Services together with the Office of the Secretary of State;

      4. The development or procurement of a Customer Relationship Management (“CRM”) tool and how a CRM might be used in relationship to permitting interactions with the State of Vermont;

      5. An evaluation of current and needed communications tools, including the permitting handbook, websites, best practice guides, outreach to municipalities, and other steps that should be included in the Permitting Modernization Plan;

      6. An assessment of current permitting staffing and existing volumes of applications to make any necessary recommended changes; and

      7. An evaluation of various state databases; how the data in each can more effectively communicate with another, and what changes are necessary.

      C. The Plan shall articulate all necessary short-, medium-, and long-term actions, create a timeline for achieving those steps, and recommend any immediate legislative action for steps which cannot otherwise be performed under the existing authority of the Governor or an Executive Branch agency.

2. Reporting:

   Updates on the KPIs and the status of the Permitting Modernization Plan implementation shall be reported to the Governor no less frequently than quarterly on each July 1, October 1, January 1 and April 1 of each year.

   This Executive Order shall take effect upon execution and shall terminate at midnight, December 31, 2023 unless extended by the Governor.

   Dated March 5, 2021.

Executive Order No. 3-94 (No. 06-21) [COVID-19 Post-Emergency Recovery Activities.

I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont Chapter II, Section 20, the general powers set forth in 20 V.S.A. § 8 and 20 V.S.A. § 366 and having determined that the necessity of public service requires it, hereby order and direct the Adjutant General of Vermont to order into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by COVID-19 in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with the Department of Public Safety/Vermont Emergency Management (DPS/VEM), may deem appropriate to carry out the purposes of this Order.

National Guard assistance is a direct result of the need for additional vaccination and other recovery services following the termination of the statewide COVID-19 Declaration of Emergency issued March 13, 2020 as amended and restated, and which expired by its terms June 15, 2021.

It is hereby FURTHER ORDERED:

1. State Agency Coordination. For purposes of continued operations for COVID-19 recovery, all agencies of the State shall use and employ state personnel, equipment and facilities or perform any and all activities consistent with the consensus and direction of the Vermont Department of Health (VDH) and DPS/VEM. Policy adoption or changes related to responding to or recovering from COVID-19 shall require approval of the Governor.
2. VDH Commissioner Oversight. With oversight provided by the Secretary of the Agency of Human Services (AHS), the Commissioner of VDH shall oversee COVID-19 related investigation and mitigation efforts for the duration of this Order. All local boards of health shall consult with and abide by the recommendations of the Commissioner of VDH prior to taking any action regarding isolation or quarantine of an individual(s). Town health officers shall work with and assist VDH as directed by the Commissioner of VDH. Changes in public health mitigation measures or requirements impacting the general population shall require approval of the Governor.
3. Non-Congregate Housing and Emergency Feeding Programs. While the COVID-19 Declaration of Emergency has expired, many of its impacts continue on economically disadvantaged Vermonters, especially women, children and minority populations. Effective as of March 1, 2020 state agencies statewide shall:

   a. To the extent not already in place, and at the discretion of AHS, arrange for placement of current clients and vulnerable populations in alternative non-congregate housing solutions for the purpose of providing adequate social distancing as needed.

   b. To the extent not already in place, implement a temporary voluntary quarantine and isolation program utilizing non-congregate solutions including hotels, motels, dormitories or other forms of non-congregate shelter for current clients and vulnerable populations for the purpose of providing adequate social distancing between all individuals who are reasonably believed to have been exposed to or infected with COVID-19, or recovering from COVID-19. To the extent they determine the need for non-congregate temporary housing to quarantine and temporarily isolate first responders including Department of Corrections personnel, health care workers and others critical to the COVID-19 response, such as critical infrastructure construction and maintenance, who are at reasonable risk of having been exposed to or are infected with COVID-19, or are recovering from COVID-19, and cannot return to their usual residence because of the risk of infecting other household members, provide alternative non-congregate housing to this population of first responders, health care workers and others critical to the COVID-19 response.

   c. To the extent AHS determines there is a need to provide non-congregate housing to the general public for the purpose of minimizing the impact of outbreaks and exposure to COVID-19 among family units and vulnerable populations in the same household, such non-congregate housing shall be offered.

   d. To the extent not already in place, and at the discretion of AHS, arrange for placement of current clients and vulnerable populations in alternative non-congregate housing solutions for the purpose of providing adequate social distancing as needed.

   e. To the extent AHS determines there is a need, provide feeding programs to minimize the continuing impact of food insecurity among Vermonters affected by COVID-19.

4. Sale of Alcoholic Beverages for Off Premises Consumption. Effective through June 30, 2021, the Board of Liquor and Lottery and the local control commissioners shall authorize:

   a. First- and third-class licensees to allow for take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premises consumption.

   b. Second- and fourth-class licensees to allow for delivery and curbside pickup of unopened containers of spirits, spirit-based product and malt and vinous product that the licensee is permitted to sell from its licensed location.

   c. The permissible hours for delivery shall be from 10:00 a.m. until 11:00 p.m.

   d. For deliveries, the licensee shall be able to travel from town to town or from place to place carrying orders for delivery of any alcohol product they are licensed to sell and authorized to deliver hereunder without a delivery permit, provided the following conditions are met:

   i. The person making the delivery is at least 18 years of age and is certified to sell or serve alcohol by the Board.

   ii. All deliveries shall be in person to a physical building or residence.

   iii. Licensees shall maintain an inspectable log of all deliveries made and such log shall at a minimum include:

   • Name of recipient and physical address in Vermont to where the product was delivered;

   • How ID was verified;

   • A signature of recipient at least twenty-one (21) years of age;

   • Description of the product and quantity delivered;

   • Time of delivery;

   • The name of the employee making the delivery.

   The Board of Liquor and Lottery and the local control commissioners shall facilitate the transition of other licensees who serve food, or who partner with entities who serve food who have undertaken take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption, and shall not penalize any such licensee through June 30, 2021.

5. Authority of the Commissioner of VDH. For the purpose of clarity, if the Commissioner of VDH determines a COVID-19 outbreak has occurred and businesses and non-profit and government entities cannot safely operate or large groups cannot safely congregate in a way that does not threaten to overwhelm our hospitals and health care resources, he shall advise the Governor on what, if any, limited standards of operation and civilian mobility should be considered.

   This Order shall take effect upon signing.

   Dated June 15, 2021.

   [Reserved for future use.]

Executive Order No. 5-1 (No. 02-92) [Vermont Rail Council.

Expired by its own terms, effective December 31, 1993.

Executive Order No. 5-2 (No. 02-94) [Reestablishment of Vermont Rail Council.

Superseded by Executive Order 08-01 (codified as Executive Order No. 5-3), dated September 13, 2001.

Executive Order No. 5-3 (No. 08-01) [Reestablishment of the Vermont Rail Council.

Superseded by Executive Order No. 13-03 (codified as Executive Order No. 5-6), dated August 5, 2003.

Executive Order No. 5-4 (No. 11-03) [Vermont Aviation Advisory Council.

WHEREAS, the State of Vermont has substantial public investment in its airports and air navigation system; and

WHEREAS, maintenance and modernization of this infrastructure continues to impose significant demands on the limited federal, state, local, and private funds available; and

WHEREAS, making sound decisions regarding investment in Vermont’s aviation infrastructure requires coordination among all parties with a stake in aviation; and

WHEREAS, the quality of decision making can be enhanced by providing a forum to bring together input and insight from a broad spectrum of the aviation community, as well as from the consumers of aviation services;

NOW, THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by virtue of the power vested in me as Governor, do hereby establish a Vermont Aviation Advisory Council and designate its membership and duties as follows:

1. The Council shall be composed of not more than 15 persons appointed by the Governor, plus the Vermont Secretary of Transportation or designee, who shall serve as Chair. Members may include representatives of general aviation, regional chambers of commerce, regional planning commissions, municipal airports, the House and Senate transportation committees, airport users, and private airports. To the extent that funds permit, members shall receive reimbursement of expenses and a per diem pursuant to 32 V.S.A. § 1010 . The Council is authorized to obtain administrative assistance from the Vermont Agency of Transportation, and the Secretary of Transportation is directed to provide such assistance as required. The council may have additional members, to be appointed by the Secretary of Transportation subject to the Governor’s approval, who shall not vote or receive expense reimbursement or per diem but who may otherwise participate in Council business and assist in the Council’s efforts.
2. The Council shall meet no less than four times a year, excluding meetings of subcommittees. By December 31st of each year, the Council shall make a report of its activities, findings and recommendations to the Governor.
3. The Council is charged with the following responsibilities:

   A. Recommending an aviation policy for Vermont;

   B. Recommending an investment program for Vermont airports;

   C. Recommending airport classifications;

   D. Recommending air project priorities;

   E. Recommending actions to enhance the linkage between Vermont’s aviation industry and the State’s economic vitality;

   F. Serving as a forum for aviation-related issues, including policy makers, aviation industry representatives, airport users, and others; and

   G. Encouraging cooperative relationships between the Agency of Transportation and airport business operators.

4. The terms of the members of the Council, other than the term of the Vermont Secretary of Transportation, shall be as follows: initially, not more than seven members appointed for one year and not more than eight members appointed for two years; all subsequent appointments (except those to the unexpired term of a former member) shall be for a period of two years.

   This Executive Order shall take effect upon execution.

   Dated August 5, 2003.

Executive Order No. 5-5 (No. 12-03) [Vermont Transportation Operations Council.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

Executive Order No. 5-6 (No. 13-03) [Vermont Rail Advisory Council.

Superseded and replaced by Executive Order No. 5-7 (codified as Executive Order No. 13-11), dated October 20, 2011.

Executive Order No. 5-7 (No. 13-11) [Vermont Rail Advisory Council.

WHEREAS, Vermont has more than 700 miles of railroad trackage, much of which is underutilized at present; and

WHEREAS, rail transportation is the most energy-saving and cost-efficient, and climate-friendly mode of transportation, particularly for certain categories of freight traffic; and

WHEREAS, passenger rail service, appropriately planned, operated and marketed, provides an added modal option to Vermont residents and visitors, offering benefits to tourism and other segments of the Vermont economy; and

WHEREAS, investment of federal and state funds in Vermont’s railroad infrastructure should be based on realistic planning and analysis; and

WHEREAS, the quality of decision making can be enhanced by providing a forum to bring together input and insight from many sectors of the Vermont economy, both private and public;

NOW, THEREFORE, BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby establish the Vermont Rail Advisory Council and designate its membership and duties as follows:

1. The Council shall be composed of not more than 15 persons appointed by the Governor, plus the Vermont Secretary of Transportation (or his/her designee from within the Agency of  Transportation), who shall serve as Chair. Members may include representatives of privately owned railroads, designated operators on state-owned railroads, freight shippers, environmental and economic development organizations, regional chambers of commerce, regional planning commissions, the House and Senate transportation committees, travel and recreation organizations, and others whose knowledge and expertise may be deemed beneficial to the State’s efforts to encourage rail use and development. To the extent that funds permit, members shall receive reimbursement of expenses and a per diem pursuant to 32 V.S.A. § 1010 . The Council is authorized to obtain administrative assistance from the Vermont Agency of Transportation, and the Secretary of Transportation is directed to provide such assistance as required. The council may have additional members, to be appointed by the Secretary of Transportation subject to the Governor’s approval, who shall not vote or receive expense reimbursement or per diem but who may otherwise participate in Council business and assist in the Council’s efforts.
2. The Council shall meet no less than four times a year, excluding meetings of subcommittees. By December 31st of each year, the Council shall make a report of its activities, findings and recommendations to the Governor.
3. The Council is charged with the following responsibilities:

   A. The Council shall serve as an advisory group to the Agency of Transportation and to any consultants working for the Agency on statewide rail issues;

   B. Working with the Agency of Transportation and affected railroads, the Council shall examine what steps state government can take to enhance rail freight service, both as such service relates to economic development and to relieving the burden of heavy truck traffic on Vermont highways;

   C. The Council shall examine existing rail passenger services in Vermont, including possible extension, consolidation, enhancement, or rerouting of such services;

   D. Working with the Agency of Transportation, affected municipalities, regional planning and development agencies, railroad owners/operators, and the travel industry, the Council shall examine the availability of attractive passenger station facilities, including availability of parking, public transportation and taxi services.

   E. The Council shall serve as a forum for those interested in rail-related issues, including policy makers, municipalities, regional planning and economic development organizations, rail operators, rail shippers, rail passengers, and others; and

   F. The Council shall encourage cooperative relationships between the Agency of Transportation and rail operators.

4. The terms of the members of the Council shall be for a period of two years, and appointments made and terms established pursuant to the predecessor executive order shall remain in place pursuant to this superseding executive order.

   This Executive Order shall take effect upon execution and supersedes Executive Order 13-03 (codified as Executive Order No. 5-6).

   Dated October 20, 2011.

Executive Order No. 6-1 (No. 98-90) [Designation of Vermont Housing and Conservation Board as State Trust Fund for Agricultural Resource Conservation Demonstration Program.

Superseded by Executive Order No. 14-96 (codified as Executive Order No. 10-20), dated September 10, 1996.

Executive Order No. 6-2 (No. 09-00) [Governor’s Council for Interstate Compacts.

Expired effective December 31, 2003.

Executive Order No. 6-3 (No. 10-00) [Governor’s Council for Interstate Compacts.

Expired effective December 31, 2003.

Executive Order No. 6-4 (No. 05-18) Vermont Agriculture Innovation Center.

WHEREAS, the federal Farm Security and Rural Investment Act of 2002 (Public Law 107-171) (the “Act”) directed the federal Secretary of Agriculture to establish an Agriculture Innovation Center Demonstration Program under which agricultural producers are provided:

1. Technical assistance, consisting of engineering services, applied research, scale production, and similar services, to enable the agricultural producers to establish businesses to produce value-added agricultural commodities or products;
2. Assistance in marketing, market development, and business planning; and
3. Organizational, outreach, and development assistance to increase the viability, growth, and sustainability of businesses that produce value-added agricultural commodities or products; and

   WHEREAS, although Vermont once had a statutorily created agriculture innovation center for purposes of this Program, that law was repealed effective March 31, 2013 and Vermont no longer has an entity that meets the requirements of the Act; and

   WHEREAS, Vermont now has the opportunity to obtain federal funding under the Consolidated Appropriations Act, 2018 (Public Law 115-141) to establish an agriculture innovation center that meets the requirements of the Act for work on providing technical and business development assistance to agricultural producers seeking to enter into ventures that add value to commodities or products they produce.

   NOW THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Vermont Agriculture Innovation Center (AIC), as follows:

   1. The Secretary of Agriculture, Food and Markets (the Secretary), who will serve as chair.
   2. One representative from each of the four highest grossing commodities produced in Vermont, determined on the basis of annual gross cash sales. These commodity groups presently are the dairy, maple, livestock, and apple industries. The Secretary will appoint these four representatives with the approval of the Governor.
   3. One representative from each of the two general agricultural organizations with the greatest number of members in Vermont, as selected by each organization.

      All board member representatives, except for the Secretary, shall be appointed for terms of three years and shall serve no more than two consecutive three-year terms.

1. Composition and Appointments

   The AIC shall have a board of directors composed of, at a minimum, the following seven representatives:

2. Meetings

   The Secretary shall call the first meeting of the Board to occur on or before December 1, 2018, contingent upon receipt of the federal funding. After the first meeting, the Board shall meet on an as needed basis, as determined by the Secretary. A majority of the members of the Board shall constitute a quorum. No action of the Board shall be considered valid unless the action is supported by a majority of the quorum.

3. Powers and Duties

   The AIC will fund Vermont-based initiatives that provide technical assistance, including assistance as necessary with permitting, organization development, and research and marketing services to support value-added agricultural businesses. The AIC may also provide grants to individual businesses to assist in the production and marketing of value-added products.

4. Assistance

   The Board shall have the administrative, technical, and legal assistance of the Agency of Agriculture, Food and Markets. Other departments and agencies of State government will cooperate with the AIC and will provide information and data upon request on an as-needed basis to assist the AIC in carrying out its duties.

5. Expense Reimbursement

   I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not full time State employees pursuant to 32 V.S.A. § 1010(e) .

6. Effective Date

   This Executive Order shall take effect upon execution.

   Dated July 26, 2018.

Executive Order No. 6-5 Effective until January 1, 2024 unless extended by the Governor. (No. 03-21) [Governor’s Commission on the Future of Vermont Agriculture.

WHEREAS, Vermont’s iconic landscape of farms and pastoral open lands, forests and human communities and their associated dining, shopping, event and learning opportunities are major reasons why people visit and live in Vermont; and

WHEREAS, Vermont agriculture is a principal economic driver for our rural communities and is essential to feeding Vermont’s residents, building Vermont’s economy, employing Vermonters, and attracting visitors; and

WHEREAS, Vermont is known for its agriculture and its food—including maple, meat, apples, dairy, bountiful produce at farmers markets, cheese and ice cream—and Vermont products are synonymous with outstanding quality; and

WHEREAS, Vermont’s agriculture and food system accounts for 64,000 direct jobs and its food system generates $11.3 billion in annual economic output; and

WHEREAS, Vermont agriculture can play an important role in welcoming farmers, food processors and entrepreneurs, and offering opportunities to people who are black or indigenous or people of color; and

WHEREAS, Vermont agriculture plays an important role in caring for Vermont’s most vulnerable, providing healthy, local and affordable food in settings ranging from school lunch programs, local food shelves, senior centers, local markets, heath care facilities and kitchen tables; and

WHEREAS, our agricultural assets can and should be leveraged to sustain, grow and drive economic development in all sectors of Vermont’s economy with particular attention to farm, dining and retail businesses that grow, use and sell the State’s internationally recognized food; and

WHEREAS, agriculture must be wisely managed and strengthened, not only to grow the sector’s economic development, but to sustain and enhance the value of the Vermont brand, the experience of visitors to Vermont and Vermonters’ quality of life; and

WHEREAS, Vermont agriculture must simultaneously preserve its undeveloped lands, harmoniously operate within our ecosystem, continue producing high-quality food and be environmentally sustainable; and

WHEREAS, because Vermont’s family farms and its local food system face many economic, environmental, regulatory and succession challenges, important work is necessary to preserve Vermont’s agricultural assets, expand our capabilities, become more inclusive and diverse and improve access to healthy local food; and

WHEREAS, there exists a broad set of agriculture, business and environmental stakeholders but no platform for collective focus for developing a vision for the future of Vermont agriculture; and

WHEREAS, we must bring together State leaders, farmers, food and beverage producers, business, retail and distribution experts, and environmental and land use specialists to ensure a vibrant and stable future for Vermont food and agriculture.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by the authority vested in me as Governor of the State of Vermont, do hereby create the Governor’s Commission on the Future of Vermont Agriculture as follows:

1. Composition and Appointments.

   The Governor’s Commission on the Future of Vermont Agriculture shall be comprised of no more than 14 members to be appointed by the Governor from inside and outside of government in consultation with the Secretary of Agriculture, Food and Markets (“AAFM”) and the Secretary of the Agency of Commerce and Community Development (“ACCD”). The State members shall include the Secretary of AAFM or designee and the Secretary of ACCD or designee who shall serve as Co-Chairs. Non-State members shall include: nine representatives from the industry sectors of beverages, dairy, maple, meat, produce, value added food, investor funding, retail and/or marketing, and supply chain and/or distribution; and three members with relevant policy or land use expertise to represent the areas of agriculture, education and/or the provision of business services; environmental conservation and/or climate change; and land use and/r succession planning.

   The Governor’s Commission on the Future of Vermont Agriculture may, in its discretion, establish working groups to support its mission, drawing membership from any agency or department of State government or private/non-profit entity. The Governor’s Commission on the Future of Vermont Agriculture may, at its discretion, engage with private sector professionals to develop and implement the goals of this Executive Order.

   The Commission shall receive administrative and staff support from AAFM and ACCD.

2. Commission Charge and Process.

   The Governor’s Commission on the Future of Vermont Agriculture shall develop long and short-term strategies and specific action plans with measurable outcomes to, at minimum, address the following:

   A. Preserve and expand agricultural production and related economic, social, and ecological opportunities to help ensure that Vermont remains a vibrant agricultural State.

   B. Grow and develop Vermont agriculture and its related resources.

   C. Adopt and replicate efficiencies, partnerships and opportunities.

   D. Expand local producer, distributor, retail and marketing coordination.

   E. Create opportunities to expand the production, processing, market reach, availability, and sales of Vermont food.

   F. Preserve current agricultural businesses and facilitate sustained growth.

   G. Evaluate sustainable agriculture and production methods and consider how they may foster a more symbiotic relationship with the environment.

   H. Continue environmental progress.

   I. Make practices more affordable, increase production and grow local sales through better in-State coordination or better utilization of shared economies of scale.

   J. Connect farmers and producers with residents and visitors, to improve public perception, and to promote tourism and its connection to Vermont agriculture.

   K. Increase engagement with rural communities and next generation business owners, including New Americans and younger generations to encourage greater agricultural participation.

   L. Lower barriers to entry and facilitate greater inclusivity, access, equity, and diversity and augment positive trends.

   M. Examine and promote laws, policies and initiatives that support Vermont agriculture and its related resources.

   The Commission shall be advisory to the Governor and shall report all findings and recommendations for an immediate action plan by November 15, 2021. The Commission shall also provide advice to the Governor as requested. The Commission shall measure and evaluate progress and submit a supplemental report to the Governor assessing the impact of its work and implemented strategies on or before November 15, 2022 and November 15, 2023.

   The Co-Chairs shall call the Commission to its first meeting on or before April 1, 2021, and the Commission shall then meet as needed, but no less frequently than monthly. Meetings of the Commission shall be held electronically for the duration of the COVID-19-related state of emergency and for so long thereafter as the Commission deems practicable.

   Each private member of the Commission shall be entitled to per diem compensation pursuant to 32 V.S.A. § 1010 .

3. Effective Date.

   This Executive Order shall take effect upon signing and shall continue in full force and effect until January 1, 2024 unless extended by the Governor.

   Dated February 19, 2021.

   [Reserved for future use.]

   [Reserved for future use.]

Executive Order No. 9-1 (No. 100-91) [Vermont-Karelia Sister State Relationship.

WHEREAS, the State of Vermont (hereinafter “Vermont”) has initiated efforts to promote personal ties of friendship and commercial relations between Vermont and the Karelian Autonomous Republic (hereinafter “Karelia”), and

WHEREAS, Vermont recognizes the profound differences in the histories, societies and governments of Vermont and Karelia, and desires to achieve a more peaceful world through greater dialogue and understanding among people of different countries, and

WHEREAS, an Agreement to encourage and develop personal ties and commercial relations between Vermont and Karelia (hereafter “the Vermont-Karelia Agreement,” a copy of which is attached hereto), was executed by Madeleine M. Kunin, Governor of Vermont and Kuzma F. Filatov, former President of Karelia, on September 9, 1989,

NOW, THEREFORE, I, Madeleine M. Kunin, Governor of the State of Vermont, by virtue of the authority vested in me by the Constitution and the statutes of this state, do hereby direct that:

1. A “Sister State Relationship” is formally established by Resolution J.R.H. #129 adopted by the General Assembly in 1990 (a copy of which is attached hereto) between the State of Vermont of the United States of America and the Karelian Autonomous Soviet Socialist Republic of the Union of Soviet Socialist Republics to implement the Vermont-Karelia Agreement.
2. The Sister State Relationship shall exist to encourage and develop official and unofficial exchanges, contacts, and joint projects in the fields of agriculture, child care, culture and performing arts, education, environment, forestry, health care, information and journalism, language, law, legislation, sports, tourism, and other areas.
3. A Sister State Advisory Group shall be established to develop and carry out the exchanges, contacts, and joint projects resulting from them.
4. The Sister State Advisory Group shall be appointed by the Governor, and shall consist of fifteen members including two representatives from the General Assembly, three representatives from State agencies, departments or boards, one member from the Governor’s Office, and nine representatives from the private sector. Members shall be chosen on the basis of their interest in and special expertise with respect to the exchanges, contacts, and projects developed to implement the Vermont-Karelia Agreement.
5. The duties of the Sister State Advisory Group shall be:

1. To encourage and promote exchanges, contacts, and joint projects between Vermont and Karelia.
2. To hold regular meetings and to review and collaborate on any exchanges, contacts, and joint projects in which the members are involved or interested.
3. To seek private funding for the Sister State Relationship.
4. To advise and report annually to the Governor and the General Assembly on matters relating to the Sister State.

   (6) The representatives from State agencies and departments shall provide administrative support and make available the resources of their agencies and departments by providing volunteers and in kind contributions.

   (7) This order shall take effect immediately.

   Dated January 7, 1991.

   JOINT STATEMENT OF INTENTIONS

   At the invitation of Governor Madeleine M. Kunin, the Chairman of the Presidium of the Supreme Soviet Kuzma F. Filatov and a delegation from the Karelian Autonomous Soviet Socialist Republic of the USSR visited the State of Vermont, of the United States of America, from the 5th to the 9th of September, 1989.

   Included in the delegation were the First Deputy Chairman of the Council of Ministers Lenian P. Kitsa, the Vice Chairman of the Presidium of the Supreme Soviet Vladislav V. Petukhov, Deputy Education Minister Valentina P. Makara and Vladimir G. Prozorov, chief of the English faculty of the Karelian Pedagogical Institute and interpreter of the delegation.

   The delegation’s visit was in return for the visit of Governor Kunin and a delegation from the State of Vermont to the Karelian Autonomous Soviet Socialist Republic, November 27-December 1, 1988.

   Chairman of the Presidium Filatov and the Karelian delegation visited Montpelier September 6, conferred with members of the Legislature, inspected a variety of industries, educational and health establishments and acquainted themselves with daily life in Vermont.

   The visit of the Soviet guests reinforced the conviction of both sides that a new constructive dialogue and openness is developing in relations between the United States of America and the Union of Soviet Socialist Republics as a result of the decision of President Ronald Reagan and General Secretary Mikhail S. Gorbachev at their 1985 summit meeting to encourage people-to-people exchanges.

   Both sides confirmed their desire to encourage friendly ties, develop contacts between counterpart organizations and institutions, and encourage businesslike relations between the Karelian Autonomous Soviet Socialist Republic and the State of Vermont on the basis of equality and mutual benefit.

   Both sides, recognizing differences in their historic development, express their desire to enter into greater dialogue and mutual understanding in the interest of peace.

   Both sides jointly declared that a state of friendship exists, in practice, between the State of Vermont and the Karelian Autonomous Soviet Socialist Republic, and that a foundation has been laid for the creation of sister-state relations between the State of Vermont and the Karelian Autonomous Soviet Socialist Republic.

   Both sides agreed to encourage and develop exchanges, official as well as unofficial, between the Republic and the State. These would involve short-term exchanges of citizens, teachers, students, local and state officials and others.

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Executive Order No. 9-2 (No. 12-12) [Vermont State Craft Center Overview Commission.

WHEREAS, an Executive Order was promulgated on June 16, 1993 to create a Vermont State Craft Center Overview Commission (Commission) to administer an official State Craft Center designation process to promote crafts throughout Vermont and to ensure that all State Craft Centers represent the State in the best possible manner; and

WHEREAS, a vital system of state craft centers that encourages broader participation in crafts and raises the visibility of Vermont craft artists is important to the development of this component of Vermont’s community and to the crafts community.

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby reconstitute a Vermont State Craft Center Overview Commission whose composition and duties shall be as follows:

1. Composition.

   The Commission shall be comprised of:

   — The Secretary of Commerce and Community Development, or designee,

   — The Commissioner of Tourism and Marketing, or designee,

   — The Commissioner of Economic, Housing, and Community Development, or designee,

   — The Secretary of Agriculture, or designee,

   — The State’s Chief Marketing Officer, and

   — A representative of the crafts community designated by the Vermont Crafts Council who shall serve a three-year term.

   The Chair of the Commission shall be the State’s Chief Marketing Officer. The Commission shall meet as needed to consider recommendations for State Craft Center designation, but not less than annually.

   Administrative support for the Commission and the Standards Group described below shall be provided by the Agency of Commerce and Community Development.

2. Commission Charge.

   The Commission shall oversee the formation and operation of a Standards Group that shall be a self-governed entity elected and administered by the Vermont crafts community for the purpose of developing the criteria for and governing State Craft Center designation. The Commission’s oversight of the Standards Group shall include providing review and approval of the processes governing designation, termination, and appeals of the same based on recommendations from the Standards Group.

   The Commission shall ensure that all State Craft Centers represent the State in the best possible manner through application of the criteria in Attachment #1 and Attachment #2. The Commission shall also afford due recognition to the diversity that exists within the crafts community in Vermont.

   The composition and responsibilities of the Standards Group shall be as follows:

   A. The Standards Group shall be advisory to the Commission and shall be established, governed, and regulated by the crafts community in Vermont.

   B. The Standards Group shall be composed of not more than seven voting members from the crafts community, to be selected by the crafts community through a nomination and election process administered by the Vermont Crafts Council. The members of the Standards Group shall serve a term of three years, except that the Standards Group shall consist of two members serving one-year terms, two members serving two-year terms, and three members serving three-year terms so that the terms will be staggered. Standards Group members may succeed themselves indefinitely. Pursuant to 32 V.S.A. § 1010(e) , members of the Standards Group shall be reimbursed for reasonable expenses incurred in performance of their functions to the extent funds are available.

   C. The Standards Group will both determine and perform functions related to State Craft Center and State Craft Education Center designation, including the application process for designation, and annual review of designations. The Standards Group will make a recommendation to the Commission on whether to approve or deny an application for designation.

3. Effective Date.

   This Order shall take effect upon signing and supersedes and replaces Executive Order 09-09 (codified as No. 3-49). Members of the Commission and the Standards Group on the effective date of this order shall continue to serve until their successors are appointed.

   Dated October 31, 2012.

   Attachment #1

   CRITERIA FOR STATE CRAFT CENTER AND STATE CRAFT EDUCATION CENTER DESIGNATION AND OPERATION

   Criteria for designation and operation of a State Craft Center and State Craft Education Center will be determined by the Standards Group and approved by the Craft Center Overview Commission. These criteria shall include, but not be limited to:

   Marketing and Branding Criteria: Every designated Vermont State Craft Center and Vermont State Craft Education Center will utilize marketing material consistent with the branding of the State, to be monitored by the Chief Marketing Officer (CMO). The State CMO will approve the development and use of official Vermont State Craft Center Designation marketing materials such as signage or logo.

   General Criteria: Whether primarily devoted to hands-on education or to exhibition, the primary underlying criteria for designation as a Vermont State Craft Center shall be high quality and authenticity of (1) educational programs, and (2) Vermont craftwork.

   Educational Criteria: A Vermont State Craft Education Center will provide comprehensive craft education taught by acknowledged professionals, will offer exhibition opportunities for work by students and faculty, and will maintain a commitment to the criteria established by the Standards Group.

   Exhibition Criteria: Vermont State Craft Centers will exhibit a high percentage (80% or greater) of original, high-quality, Vermont-made craftwork, will offer various approaches of educating the public about craft, and will maintain a commitment to the criteria established by the Standards Group.

   Legal and Fiscal Criteria:

   Governance Criteria:

   Operational Criteria:

   Attachment #2

   STATE CRAFT CENTER AND STATE CRAFT EDUCATION CENTER DESIGNATION REVIEW PROCEDURE

   Application review procedure, to be determined by the Standards Group, will include:

   1. New applicants will file a narrative report on their ability to meet the criteria for designation as set by the Standards Group in accordance with Attachment #1.
   2. Existing designees will submit, prior to the review date, documentation required by the Standards Group.
   3. The Standards Group may conduct an on-site visit and community hearing. It shall have access to the records of an applicant for designation or renewal related to matters including the applicant’s operation, education offerings, and governance policies and procedures. These requirements will be set by the Standards Group.
   4. The Standards Group will provide a summary of its findings to the craft center or craft education center within thirty days of the meeting.
   5. The Standards Group will develop processes pertaining to an application for designation, termination, and appeals and recommend them to the Overview Commission for approval. No designations will be made until the Overview Commission has approved processes for designation, termination and appeals.

      Term of Designation:

      1. Upon favorable review of a renewal application, the designation will be extended for a three-year term, with annual review. The initial term shall be two years.

      2. The Chief Marketing Officer will represent the State in designation agreements.

Executive Order No. 10-1 (No. 25-70) [Environmental Conservation Agency.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 10-2 (No. 26-70) [Transfer of Functions Relating to Water Pollution, Air Pollution, Radiation Pollution, Waste Disposal and Granting of Permits to Environmental Conservation Agency.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 10-3 (No. 29-71) [Transfer of Tourist Information and Outdoor Advertising Functions to Agency of Development and Community Affairs.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 10-4 (No. 34-71) [Transfer of Positions and Funds to Agency of Development and Community Affairs.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 10-5 (No. 43-71) [Transfer of Functions Relating to Industrial Hygiene and Ionizing Radiation to Department of Health.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 10-6 (No. 10a-77) [Transfer of Duties and Functions of Division of Outdoor Advertising.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 10-7 (No. 61-81) [Transfer of Division of Protection, Agency of Environmental Conservation, to Department of Water Resources and Environmental Engineering.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 10-8 (No. 24-86) [Program for Recycling of Waste Products and Revision of State Solid Waste Management Plan.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 10-9 (No. 53-87) [Designation of University of Vermont as Leading Institution for Providing Research and Development Services to Business Community.

WHEREAS, the delivery of applied research and development services to the business community by post secondary institutions will enhance Vermont’s business climate; and

WHEREAS, the University of Vermont is the only institution in Vermont with the “critical mass” to assist economic development activities effectively through basic research and applied research and development; and

WHEREAS, the University of Vermont has shown initiative in launching several major activities to respond to the research and development needs of the business community; and

WHEREAS, the University has demonstrated its research ability in the liberal arts and sciences; in agriculture, life sciences and natural resources; in education and social services; in engineering, math and business administration; and in medicine, nursing and allied health sciences,

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby direct that the University of Vermont be designated the lead research institution facilitating a consortium of other state-supported and independent colleges and universities to provide a comprehensive system of research and development services.

Dated December 8, 1987.

Executive Order No. 10-10 (No. 68-88) [State Agencies Designated as Having Programs Affecting Land Use or Exempted From Compliance With All Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Planning Implementation Committee.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

Executive Order No. 10-11 (No. 71-89) [Transfer of Authority to Administer Solid Waste Grant Programs From Secretary of Development and Community Affairs to Secretary of Natural Resources.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 10-12 (No. 84-90) [Designation of Department of Environmental Conservation and Department of Housing and Community Affairs as Agencies To Administer 10 V.S.A. Chapter 153.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

Executive Order No. 10-13 (No. 92-90) [Energy Emergency Plan.

WHEREAS, a shortage of energy resources within the state of Vermont may occur at any time and such a shortage may cause severe economic hardships or constitute a serious threat to public health, safety, and welfare;

WHEREAS, under Act 254 of the 1973 Adjourned Session, as amended, the Governor is authorized to declare that an energy emergency exists and take actions to mitigate the effects of that emergency; and

WHEREAS, it is prudent to have in place guidelines which inform the public of potential actions and allow for a rapid and coordinated response in the event an energy emergency occurs.

NOW, THEREFORE, BE IT RESOLVED that I, Madeleine M. Kunin, Governor of the state of Vermont, do hereby order as follows:

1. The Energy Emergency Plan is adopted. The Energy Emergency Plan shall be available for public comment.
2. The Energy Emergency Plan shall be revised from time to time by the Governor. The Commissioner of the Department of Public Service shall recommend amendments as necessary to reflect changed conditions and comments from the public.
3. The Department of Public Service shall retain an updated copy of the plan to be implemented in the event the Governor declares an energy emergency.

   This executive order takes effect upon signing.

   Dated August 31, 1990.

Executive Order No. 10-14 (No. 99-90) [Approval of Interim State Agency Land Use Plans.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

Executive Order No. 10-15 (No. 10-91) [Advisory Council to the Agency of Development and Community Affairs.

Superseded by Executive Order 3-99 (codified as Executive Order No. 10-21), dated April 8, 1999.

Executive Order No. 10-16 (No. 13-91) [State Agencies Designated as Having Programs Affecting Land Use in Compliance with Provisions of Growth Management Act of 1988 (Act 200); Establishment of and Reports to State Agency Implementation Committee.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

Executive Order No. 10-17 (No. 05-92) [Governor’s Council of Environmental Advisors.

Rescinded by Executive Order No. 10-37 (codified as Executive Order 01-11), dated March 30, 2011.

Executive Order No. 10-18 (No. 06-94) [Vermont Clean State Program.

Superseded and replaced by Executive Order No. 10-31 (codified as Executive Order No. 02-04), dated April 8, 2004.

Executive Order No. 10-19 (No. 14-94) [Termination of Vermont Technology Council: Science and Technology Plan.

WHEREAS, the Vermont Technology Council was requested to propose a vision and fundamental plan for science and technology in Vermont pursuant to Executive Order No. 14-93, signed November 18, 1993; and

WHEREAS, the Council has devoted many hours and significant resources to development of this plan and has completed its work; and

WHEREAS, the purpose of Executive Order No. 14-93 has been achieved.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, wish to thank the members of the Vermont Technology Council and especially its Chair for the work done at my request; and

BE IT FURTHER RESOLVED that Executive Order No. 14-93, its purpose having been accomplished, is hereby rescinded.

This Executive Order shall take effect upon signing and shall rescind Executive Order No. 14-93.

Dated December 16, 1994.

Executive Order No. 10-20 (No. 14-96) [Designation of Vermont Housing and Conservation Board as the “State Trust Fund”.

WHEREAS, the General Assembly created the Vermont Housing and Conservation Board to conserve and protect Vermont’s agricultural land and to date the Board has assisted in the protection of 53,500 acres of agricultural land through the purchase of development rights; and

WHEREAS, the Farms for the Future Act, passed by the United States Congress in 1990, established the Agricultural Resource Conservation Demonstration Program (the “Program”) by which the State of Vermont is eligible for federal assistance for up to five years to acquire interests in land to protect and preserve important farmland for future agricultural use; and

WHEREAS, under the Program, the Secretary of the U.S. Department of Agriculture (the “Secretary”), acting through the Farmers Home Administration, will guarantee ten year loans from lending institutions, pay all interest on such loans for the first five years and pay the difference between the charged interest rate and the limited resource rate, not less than 3 percent for the second five years; and

WHEREAS, by participating in the Program, the State of Vermont will increase its ability to acquire interests in land to protect and preserve important farmland and create a self-sustaining fund administered by the Vermont Housing and Conservation Board which will reduce the risk of losing important farmland; and

WHEREAS, in order to qualify for federal assistance this year, the State must (i) demonstrate that State/private assistance is available for acquiring interests in land to protect and preserve important farmlands for future agricultural use; (ii) designate a State trust fund; and (iii) negotiate and sign an Agreement with the Secretary; and

WHEREAS, implementation of the federal Program will require a concerted and coordinated effort by State and local governments, private nonprofit corporations, lending institutions and the Secretary;

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., Governor of the State of Vermont, by the power vested in me by 3 V.S.A. Chapter 41, do hereby designate the Vermont Housing and Conservation Board (the “Board”) as the “State trust fund” for purposes of the Agricultural Resource Conservation Demonstration Program, passed by the United States Congress in 1990 (the “Program”).

1. The Board is authorized to negotiate and sign an Agreement with the Secretary of the U.S. Department of Agriculture (the “Secretary”), so that the State of Vermont will receive federal assistance under the Program which will be used exclusively to implement and effectuate the policies and purposes of the Vermont Housing and Conservation Trust Fund Act, Title 10, Chapter 15 ( 1987, No. 88 , § 1, eff. June 11, 1987) to facilitate the acquisition of interests in land to protect and preserve important farmlands for future agricultural use in the State of Vermont;
2. The Board shall advise the Secretary of the amount of State/private assistance Vermont will make available for acquiring interests in land to protect and preserve important farmlands for future agricultural use and provide the Secretary with necessary verification;
3. Once the Secretary notifies the State of Vermont that it is eligible to receive federal assistance under the Program, the Board is authorized to borrow funds from a lending institution, provided that the loan is guaranteed by the Secretary and that the loan proceeds are used exclusively to implement and effectuate the policies and purposes of the Vermont Housing and Conservation Trust Fund Act;
4. During Vermont’s participation in the Program, the Board shall work with the General Assembly, the State Treasurer, municipalities, foundations, nonprofit corporations, businesses and private parties to set the amount of assistance the State of Vermont will make available in State/private assistance for acquiring interests in land to protect and preserve important farmlands for future agricultural use so that the State of Vermont will continue to be eligible for federal assistance under the Program;
5. As part of its annual report to the Governor and the General Assembly, the Board shall include a full financial report of funds received under the Program and a list and a description of activities supported with such funds.

   This Executive Order shall take effect upon signing and shall supersede Executive Order #98-90 adopted December 20, 1990.

   Dated September 10, 1996.

Executive Order No. 10-21 (No. 03-99) [Establishment of Advisory Council to the Agency of Commerce and Community Development.

Expired by its own terms, effective May 1, 2005.

Executive Order No. 10-22 (No. 04-99) [State Compliance with Environmental Laws.

Expired by its own terms, effective January 1, 2005.

Executive Order No. 10-23 (No. 02-00) [Vermont’s Committee to Ensure Clean Air.

Expired by its own terms, effective June 30, 2001.

Executive Order No. 10-24 (No. 03-00) [Membership Expansion of Vermonter’s Committee to Ensure Clean Air.

Expired by its own terms, effective June 30, 2001.

Executive Order No. 10-25 (No. 08-00) [Vermont’s Committee to Ensure Clean Air.

Expired by its own terms, effective June 30, 2001.

Executive Order No. 10-26 (No. 03-02) [Reduction of Mercury Use.

WHEREAS, mercury is a persistent and toxic pollutant that has accumulated in Vermont’s environment, especially in aquatic environments; and

WHEREAS, most of Vermont’s mercury contamination comes from large generators of air pollution located in upwind regions of the country; and

WHEREAS, this pollution is harmful to health and the environment; and

WHEREAS, consumption of certain fresh and salt water fish above the state’s fish consumption advisory levels may pose a health risk, especially to young children and women of child bearing age because of mercury pollution; and

WHEREAS, Vermont’s fish-consuming wildlife are also threatened from mercury contamination; and

WHEREAS, approximately one third of Vermont’s impaired waters are impaired because of air deposition of mercury; and

WHEREAS, Vermont and other New England States and the Eastern Canadian Provinces support the virtual elimination of mercury from the environment; and

WHEREAS, Vermont and other New England States agreed to approaches to obtain reduction of air deposition of mercury, including litigation against sources of that pollution; and

WHEREAS, one additional source of mercury contamination in the environment is the release of mercury from numerous types of consumer products including thermometers, lamps, thermostats, medical instruments, and numerous products containing mercury switches (such as autos, pumps and gauges) when they are disposed of or broken; and

WHEREAS, mercury-free or low mercury alternative products exist for many consumer products containing mercury; and

WHEREAS, Vermont must do its part to remove mercury from the environment; and

WHEREAS, Vermont has implemented mercury education and reduction programs and a precedent setting mercury product labeling law to alert consumers of mercury content; and

WHEREAS, Vermont state government has a duty and responsibility to lead by example in conserving natural resources and practicing pollution prevention, and has taken numerous actions through the Vermont Clean State Program to reduce wasteful practices and reduce toxic chemical use and release.

NOW THEREFORE, BE IT RESOLVED THAT I, HOWARD DEAN, by virtue of the power vested in me as Governor, do hereby order state agencies, departments and offices.

1. To eliminate the purchase of products that contain mercury where mercury-free alternatives exist at reasonable cost and comparable performance to mercury-added products.
2. Where such mercury-free alternative products do not exist, I order that preference be given to the purchase of products with the lowest total mercury content feasible (and documented as such) and products that bear a mercury content warning label as required of product manufacturers under Vermont law.
3. These practices shall be reflected in the administrative purchasing policies of the state no later than July 1, 2002 and in all new contracts issued after the effective date of this order.
4. The Department of Environmental Conservation shall assist the Department of Buildings and General Services in identifying mercury-added products and low and mercury-free product alternatives.
5. The Department of Environmental Conservation and the Department of Buildings shall jointly report to the Secretary of the Agency of Administration annually regarding compliance with this Executive Order.
6. This Executive Order shall take effect upon signing and shall sunset on June 30, 2012.

   Dated April 4, 2002.

Executive Order No. 10-27 (No. 07-02) [Establishment of On-Site Septic Reform Education and Implementation Advisory Committee.

Expired by its own terms, effective January 1, 2003.

Executive Order No. 10-28 (No. 11-02) [Reduction in Greenhouse Gas Emissions from State Government Buildings and Operations.

Superseded and replaced by Executive Order No. 14-03 (codified as Executive Order No. 10-30), dated September 16, 2003.

Executive Order No. 10-29 (No. 12-02) [West Mountain Wildlife Management Area.

WHEREAS, in 1999, pursuant to Sec. 87a of No. 1 of the Acts of 1999, the State of Vermont participated in the purchase of approximately 133,000 acres of land in Vermont’s Northeast Kingdom; and

WHEREAS, the appropriation of $4,500,000 was to be “used to purchase and ensure that the lands commonly referred to as the Champion lands in northeastern Vermont are conserved as a working forest for the sustainable production of wood products, for natural resources, including the maintenance of wildlife habitat and conservation of identified natural heritage sites, and for perpetual public access for traditional recreational uses”; and

WHEREAS, the former Champion lands now consist of approximately 84,000 acres of working forest, subject to both a working forest and a public access easement owned by the State of Vermont and the Vermont Land Trust to ensure that the land is perpetually managed for the sustainable growth and harvesting of timber and is perpetually open for public access; approximately 22,500 acres of state-owned land, the West Mountain Wildlife Management Area, conserved for perpetual public access and its fish, wildlife and ecological values; as well as approximately 26,500 acres of land held by the United States Fish and Wildlife Service as a Silvio Conti National Fish & Wildlife Refuge; and

WHEREAS, this land purchase, in which Vermont’s contribution equaled less than a fifth of the total purchase price, has guaranteed Vermonters’ access to these lands forever; and

WHEREAS, dialogue and clear assurances will allow us to move forward to ensure that the complex land deal that granted Vermonters so much is appreciated by Vermonters for its value and is protected forever.

NOW THEREFORE, I, Howard Dean, M.D., through the power vested in me as Governor of the State of Vermont, do hereby order as follows:

1. The West Mountain Wildlife Management Area (WMWMA) that was acquired by the state of Vermont as part of the so-called Champion land deal pursuant to Sec. 87a of No. 1 of the Acts of 1999, and that is a portion of the so-called Champion lands, is a wildlife management area, and as such it will be managed by the Vermont Department of Fish and Wildlife or its successor agency or department.
2. All of the approximately 22,500 acres of the WMWMA shall be conserved for lawful and perpetual public access for traditional recreational uses, including boating, fishing, trapping, snowshoeing, skiing, bird watching, hiking, and hunting (including training and using hunting dogs).  The Department of Fish and Wildlife shall allow snowmobiling, bicycling, and equestrian uses in designated corridors.
3. The Department of Fish and Wildlife shall manage the WMWMA so as to retain road access to within two statute miles of any point within the WMWMA.
4. The Department of Fish and Wildlife shall manage the WMWMA both for natural resource protection and wildlife, including active management to support both game and non-game species.
5. The Department of Fish and Wildlife shall actively monitor the health, size, and distribution of selected populations of game and non-game species found in the WMWMA.  Concurrently, the Department of Fish and Wildlife and the Department of Forests, Parks and Recreation shall monitor forest conditions of critical habitats including the habitat composition, condition, and health of bear-scarred beech stands, black bear wetland feeding areas, vernal pools, and white-tailed deer wintering habitat.  These departments shall report their findings at the opening of each biennium to the legislative committees on institutions, natural resources and energy, and fish, wildlife and water resources, or any successor committee or committees.
6. Prior to the implementation of any changes to the management of WMWMA, and prior to the adoption of any new management plan for the WMWMA, the Department of Fish and Wildlife shall report to the legislative committees on institutions, natural resources and energy, and fish, wildlife, and water resources, or any successor committee or committees, with regard to those changes and those new plans.
7. From the date of the execution of this Executive Order, if the Department of Fish and Wildlife intends to change or alter any present traditional recreational use of the WMWMA land or to amend or modify the management plan on the WMWMA, the Department shall inform the legislative committees on institutions, natural resources and energy, and fish, wildlife, and water resources, or any successor committee or committees, of that intent in writing and through personal testimony, if invited by said committees to so testify, by the end of the month of January in any year in which the Department intends to institute changes or alter any present use.  An emergency situation of a non-recurring nature necessitating Department action is exempt from the provisions of this paragraph, but information about the emergency action taken must be included in the next year’s report to the legislative committees listed above.  At the time of the emergency, the Commissioner will notify the chairs of the committees referenced above regarding the nature of the emergency and the steps taken to address the emergency.
8. By this order a Citizen Oversight Council is created to assist in implementing the provisions of this order and the provisions of the Champion land transaction in the northeastern region of Vermont as authorized by the 1999 session of the general assembly. The council shall function as a forum to hear and attempt to resolve concerns involving the so-called Champion lands that are brought to the attention of the council regarding ongoing use and management of state lands, collaboration with the United States Fish and Wildlife Service, and public access to the public and privately held lands.  With respect to the public lands and the role of the Agency of Natural Resources (ANR) and its constituent departments, these matters may include: public access; the recreation access plan; snowmobiling and other motorized, mechanical, and equestrian access; private roads; temporary restrictions; federal ownership; timber harvesting; wildlife management; land conservation; water classification; and economic development.  The council has no authority to discuss or comment on interests obtained by a private owner who purchases a portion of the property, including timber harvesting and forest management interests obtained.  This Council shall consist of the same membership and incorporates the same duties as the Champion Land Transaction Citizen Advisory Council created by 10 V.S.A. §§ 6407-6409 . In addition, the Citizen Oversight Council shall:

1. Function as a source of information to persons interested in learning about the transaction including its legal conditions, or about the ongoing use and management of the land, and to provide for citizen advice, input and information relating to the future of the so-called Champion lands.
2. Make recommendations to the ANR and its constituent departments and to the legislative committees referenced above on the ongoing process of ensuring that the lands commonly referred to as the Champion lands are: conserved as a working forest for the sustainable production of wood products; conserved for natural resources, including the maintenance of wildlife habitat and the conservation of identified natural heritage sites; and conserved for perpetual public access for traditional recreational uses.

   The ANR and its constituent departments shall involve the council in their deliberative processes as they relate to the management of the WMWMA, and shall give due special consideration to any council recommendation provided under this section.

   The Department of Fish and Wildlife shall provide administrative and staff support to the council. Citizen council members shall be entitled to compensation as provided under 32 V.S.A. § 1010 , for no more than three meetings during a year in which the council is authorized, under this section, to meet.

   This Executive Order shall take effect upon signing.

   Dated November 1, 2002.

Executive Order No. 10-30 (No. 14-03) [Climate Change Action Plan for State Government Buildings and Operations.

Superseded and replaced by Executive Order No. 10-40 (codified as Executive Order No. 15-12), dated December 28, 2012.

Executive Order No. 10-31 (No. 02-04) [Vermont Clean State Program.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

Executive Order No. 10-32 (No. 03-04) [Vermont Advisory Commission on Manufactured and Mobile Homes.

Expired by its own terms, effective December 31, 2005.

Executive Order No. 10-33 (No. 07-05) [Governor’s Commission on Climate Change.

Expired by its own terms, effective October 26, 2009.

Executive Order No. 10-34 (No. 03-07) [Vermont Environmental Engineering Advisory Council.

Expired by its own terms, effective June 30, 2010.

Executive Order No. 10-35 (No. 06-07) [Governor’s Commission on the Future of State Parks.

Expired by its own terms, effective December 2008

Executive Order No. 10-36 (No. 02-10) [Enhancing Investments in Affordable Housing.

WHEREAS, a Tiger Team comprised of a skilled group of state employees with solid financial and analytical skills was formed to profile and review key financial data of Vermont’s affordable housing delivery system and to suggest and explore opportunities to enhance the efficiency of the system; and

WHEREAS, five statewide entities serving state government, including the Vermont Housing Finance Agency (“VHFA”), the Vermont State Housing Authority (“VSHA”), the Housing Foundation, Inc. (“HFI”), the Vermont Housing and Conservation Board (“VHCB”), and the Department of Economic, Housing, and Community Development (“DEHCD”), and at least twelve non-profit housing organizations, have as their primary purpose the common mission of serving the affordable housing community; and

WHEREAS, the five statewide entities employ over 130 employees, including three executive directors, a commissioner, and supporting staff, and consist of four separate Boards with 37 individual board members; and

WHEREAS, the five statewide entities often collaborate to provide funding to the same affordable housing projects, especially through Vermont’s non-profit affordable housing network; and

WHEREAS, the five statewide entities’ net assets are largely comprised of loan receivables held by VHFA and VHCB; and

WHEREAS, the viability of Vermont’s affordable housing delivery system is dependent upon preserving the economic value of receivables created by investments of Vermont taxpayers and maximizing the direct benefit of these investments to Vermonters seeking affordable housing; and

WHEREAS, the Tiger Team observed that the current design and implementation of the state’s affordable housing delivery system may foster a level of undue complexity and duplication of efforts, resulting in greater administrative costs and less direct investment in the construction and maintenance of affordable housing; and

WHEREAS, the Tiger Team observed that operating and personnel expenditures for non-profit housing organizations has increased substantially greater than the rate of inflation for the period 2005-2008; and

WHEREAS, the Tiger Team observed that changes to housing policy may result in increased revenue that could be used for investment in more affordable housing; and

WHEREAS, the Tiger Team’s review concluded that a 10% savings in administrative costs within the five statewide entities alone would result in approximately $900,000 annually in direct investment in affordable housing, which could generate $20 million or more in additional investments in affordable housing if leveraged over a 30 year term and preserve the financial value of past capital investments in affordable housing; and

WHEREAS, further review of the state entities’ affordable housing delivery system is warranted given the substantial resources currently dedicated to funding that system and the potential for savings and efficiencies.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor, do hereby direct the Commissioner of the Department of Economic, Housing, and Community Development to convene the necessary resources and stakeholders, as he shall deem necessary, to explore the redesign of, and business process improvements to, the state affordable housing delivery system to achieve savings and efficiencies which shall be used to make additional direct investment in affordable housing.

The Commissioner shall, in consultation and conjunction with VHFA, VSHA, HFI, VHCB, and DEHCD:

1. Conduct an in-depth review of the existing organizational structures and business processes of the five state affordable housing entities and make recommendations to improve their effectiveness and increase efficiencies;
2. Recommend and procedures to ensure loan receivables held by the state affordable housing entities are managed in a fiduciary-oriented manner to ensure these substantial assets are available as a current and future resource for additional investments in affordable housing; and
3. Provide a written report to the Governor and to the General Assembly no later than September 1, 2010 containing all findings and recommendations to achieve the purposes of this Executive Order.

   This Executive Order shall take effect upon execution and shall expire upon delivery of the written report to the Governor and the General Assembly.

   Dated March 18, 2010.

Executive Order No. 10-37 (No. 01-11) [Council on Energy and the Environment.

WHEREAS, the State of Vermont must come to terms with the implications of climate change and limited fossil fuels; and

WHEREAS, the Governor recognizes the need and opportunity to promote a renewable energy economy that protects our natural environment, provides energy security, and creates sustainable jobs; and

WHEREAS, the Governor desires the counsel of private citizens knowledgeable about the natural environment of Vermont, renewable energy, and the opportunities to reduce our contribution to climate change by conserving and increasing efficiencies across all sectors, including heating, electric and transportation;

NOW, THEREFORE, I, Peter Shumlin, by the virtue of the power vested in me as Governor, do hereby establish the Governor’s Council on Energy and the Environment solely to advise the Governor of policy issues affecting the natural environment and energy security of the State of Vermont. To these ends, I direct the following:

1. The Governor’s Council on Energy and the Environment will consist of up to 25 members, all of whom shall be appointed by the Governor and serve at his pleasure.
2. The Council shall meet with the Governor at least four times annually.
3. The Governor shall annually appoint one member to the council to serve as Chair.
4. The Executive Office of the Governor shall provide administrative support to the Council. Members of the Council shall receive no compensation for their service.

   This executive order shall take effect upon signing and shall rescind Executive Order No. 5-92.

   Dated March 30, 2011.

Executive Order No. 10-38 (No. 05-11) [Governor’s Climate Cabinet.

Superseded and replaced by Executive Order No. 10-40 (codified as Executive Order No. 15-12), dated December 28, 2012.

Executive Order No. 10-39 (No. 06-12) [Interagency Green Infrastructure Council.

Expired by its own terms, effective January 1, 2017.

Executive Order No. 10-40 (No. 15-12) [Governor’s Climate Cabinet and State Agency Climate Action Plan.

Superseded and replaced by Executive Order No. 10-42 (codified as Executive Order No. 12-17), dated July 20, 2017.

Executive Order No. 10-41 (No. 11-17) [Vermont Outdoor Recreation Economic Collaborative.

WHEREAS, Vermont’s landscape of forests, farms and human communities and their associated outdoor recreation opportunities are major reasons why people visit and live in Vermont; and

WHEREAS, in Vermont, outdoor recreation accounts for 34,000 direct jobs and $2.5 billion in consumer spending; and

WHEREAS, our natural, cultural and physical recreation assets can and should be leveraged to sustain, grow and drive economic development in all sectors of Vermont’s economy with particular attention to the segment that includes outdoor recreation industry businesses that are most closely aligned with the State’s outdoor recreation brand; and

WHEREAS, those recreation assets must be wisely managed and strengthened, not only to grow the economic development potential of this sector, but to sustain and enhance the value of the Vermont brand, the experience of visitors to Vermont and Vermonters’ quality of life;

WHEREAS, there exists a broad set of outdoor recreation stakeholders but no platform for collective focus for accomplishing major efforts in this regard; and

WHEREAS, it is important to establish a mechanism to identify and engage outdoor recreation businesses and other stakeholders to create a Vermont Outdoor Recreation Economic Collaborative (“VOREC”) for purposes promoting prudent stewardship of State recreation assets and marketing the outdoor recreation values and attributes of Vermont to effectively foster economic growth.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont, do hereby create the VOREC Steering Committee (“VOREC Committee”), as follows:

1. Composition and Appointments.

   The VOREC Committee shall be comprised of no more than fifteen members to be appointed by the Commissioner of Forests, Parks and Recreation from inside and outside of government in consultation with the Secretary of the Agency of Commerce and Community Development (“ACCD”), with the approval of the Governor. The State members shall include the Commissioner of Forests, Parks and Recreation or designee who shall serve as Chair and the Secretary of ACCD or designee. Non-State members shall include five representatives from companies within Vermont’s outdoor recreation industry, one representative from a Vermont nonprofit conservation organization, two representatives from the Vermont Trails and Greenways Council, one representing motorized recreation and one representing non-motorized recreation, three representatives from other Vermont nonprofit recreation organizations and two at-large members with experience in other Vermont economic development initiatives and/or outdoor recreation planning.

   The VOREC Committee may, in its discretion, establish working groups to support its mission, drawing membership from any agency or department of State government or private/non-profit entity. The VOREC Committee may, at its discretion, engage with private sector professionals in order to develop and implement the goals of this Executive Order.

   The VOREC Committee shall receive administrative and staff support from the Department of Forests, Parks, and Recreation and ACCD.

2. VOREC Charge and Process.

   The VOREC Committee shall be advisory to the Governor. The VOREC Committee shall meet at the call of the Chair. The VOREC Committee shall adopt bylaws for governance of its meetings and engagement of the greater Collaborative before July 1, 2017. The VOREC Committee shall identify and engage a broad set of outdoor recreation businesses and other stakeholders for purposes of creating the VOREC. The VOREC Committee shall develop a strategy and specific action plan with measurable outcomes to, at a minimum, address the following:

   • Contribute to efforts to market the outdoor recreation values and attributes of Vermont to effectively foster economic growth;

   • Examine and promote laws, policies and initiatives that encourage outdoor recreation business;

   • Strengthen stewardship of outdoor recreation resources and the organizations that support them;

   • Mobilize the members of the VOREC to develop and implement the initiatives of the VOREC Committee; and

   • Encourage, incentivize and guide the development of community-oriented outdoor recreation assets increasing economic impacts.

   VOREC will report all findings and recommendations to the Governor on or before September 15 of each year, beginning September 15, 2017. VOREC will advise the Governor on the effectiveness of this Order on the development and implementation of VOREC initiatives.

3. Effective Date.

   This Executive Order shall take effect upon execution.

   Dated June 15, 2017.

Executive Order No. 10-42 (No. 12-17) [Vermont Climate Action Commission.

WHEREAS, through the 2016 Comprehensive Energy Plan, Vermont has committed to reducing greenhouse gas emissions by at least forty percent below 1990 levels by 2030 and eighty to ninety five percent below 1990 levels by 2050, and meeting ninety percent of energy needs from renewable sources by 2050; and

WHEREAS, while significant progress has been made in reducing greenhouse gas emissions from the electricity sector through the partnership of the nine Northeast states that form the Regional Greenhouse Gas Initiative, comparable emissions reductions from other sectors that contribute to more than ninety percent of greenhouse gas emissions in Vermont have not been achieved; and

WHEREAS, the State must work with a range of perspectives to develop a strategy to reduce greenhouse gas emissions and combat climate change that addresses these fundamental principles:

• solutions that reduce greenhouse gas emissions must spur economic activity, inspire and grow Vermont businesses, and put Vermonters on a path to affordability;

• the development of solutions must engage all Vermonters, so no individual or group of Vermonters is unduly burdened; and

• programs developed to reduce greenhouse gas emissions must collectively provide solutions for all Vermonters to reduce their carbon impact and save money.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby re-affirm Vermont’s commitment to reduce greenhouse gas emissions from all sectors of the economy and create the Vermont Climate Action Commission to develop effective actions to meet those goals:

1. Commission Charge and Process.

   The Commission shall have the following duties and responsibilities:

   A. By July 31, 2018, draft and recommend, for the Governor’s consideration, an action plan aimed at reaching the State’s renewable energy and greenhouse gas reduction goals while driving economic growth, setting Vermonters on a path to affordability, and ensuring effective energy transition options exist for all Vermonters. The plan shall include specific actions recommended by the Commission to:

   (i) implement the long-term policy goals of the Vermont Comprehensive Energy Plan;

   (ii) reduce greenhouse gas emissions from all sectors, including those sectors not addressed in the Vermont Comprehensive Energy Plan; and

   (iii) stimulate or support investment in the development of innovative technologies and strategies that have significant potential to reduce greenhouse emissions in Vermont.

   B. Hold public scoping sessions to inform the recommendations of the action plan;

   C. On or before December 31, 2017, evaluate existing State Executive Orders which are designed to address climate change issues and recommend, for the Governor’s consideration, updates, modifications or sunset provisions.

   D. Convene a Technical Advisory Group to provide additional expertise and analysis of technical issues that may be required to fulfill the Commission Charge. The Technical Advisory Group shall consist of persons available to the Commission on an as-needed basis to provide expertise in climate science; emission quantification; public health; transportation; energy generation, transmission, and storage; energy markets; banking; insurance; regional planning; building design and operation; and any other expertise the Commission deems appropriate.

2. Composition.

   The Committee shall consist of twenty-one members, with representatives from the named sectors listed below to be appointed by the Governor:

   A. the Secretary of the Agency of Natural Resources or designee;

   B. the Secretary of the Agency of Commerce and Community Development or designee;

   C. the Commissioner of the Department of Public Service or designee;

   D. the Secretary of the Agency of Transportation or designee;

   E. one representative from the Agriculture sector;

   F. one representative from the Clean Energy sector;

   G. one representative from the Commercial Hauling or Trucking sectors;

   H. one representative from the Construction or Development sectors;

   I. one representative from an Energy Utility;

   J. one representative from the Energy Efficiency sector;

   K. one representative from a statewide Environmental Organization;

   L. one representative from the Forestry or Forest Products sectors;

   M. one representative from the Fuels sector;

   N. one representative from Local Government;

   O. one representative from the Manufacturing sector;

   P. one representative from the Research and Development sector;

   Q. one representative from the Rural Development sector;

   R. one representative from a Small Business;

   S. one representative from the Transportation Demand Management sector;

   T. one representative from the Vermont Community Action Partnership; and

   U. one Vermont student currently enrolled at a Vermont academic institution.

3. Chair of Commission and Commission Support.

   The Chair of the Commission shall be the Secretary of the Agency of Natural Resources or designee. The Chair shall name a Co-Chair and may name an Executive Committee to assist him or her with managing the Commission Charge.

   The Commission shall have the administrative, technical, and legal assistance of the Agency of Natural Resources. The Commission shall have technical assistance from the Department of Public Service; the Agency of Commerce and Community Development; and the Agency of Transportation.

4. Authority of Agencies.

   This Executive Order shall not limit the independent authority of a State agency to promulgate regulations related to greenhouse gas emissions and climate change in Vermont.

   V Effective Date.

   This Executive Order supersedes and replaces Executive Order No. 15-12 dated December 28, 2012 (codified as Executive Order 10-40). This Executive Order shall take effect upon signing.

   Dated July 20, 2017.

Executive Order No. 10-43 (No. 13-17) [Interagency Committee on Chemical Management.

Superseded and replaced by Executive Order No. 10-46 (codified as Executive Order No. 02-19) dated March 11, 2019.

Executive Order No. 10-44 (No. 01-18) [Temporary Suspension of Heating Oil Content Requirements Due to Inadequate Supply]

WHEREAS, the State has suffered an extended period of extreme cold weather which has resulted in depleted heating fuel oil supplies posing risks to the life and safety of Vermonters, particularly our most vulnerable residents; and

WHEREAS, in consultation with the Secretary of the Agency of Natural Resources (Secretary) and the Commissioner of Public Service (Commissioner), I have determined that meeting the sulphur content limitations set forth in 10 V.S.A. § 585(b) is not feasible due to an inadequate supply of heating oil available to Essex, Caledonia, Orange, Windsor and Windham Counties; and

WHEREAS, a temporary suspension of State heating oil sulphur content limitations would provide additional flexibility for companies that deliver heating oil in both New Hampshire and Vermont to purchase fuel from either Maine or New Hampshire.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as Governor of the State of Vermont pursuant to 10 V.S.A. § 585(e) , hereby suspend the implementation and enforcement of the sulphur content limitations for heating oil sold within the State for residential, commercial or industrial uses, including space and water heating, effective immediately and to extend no further than January 24, 2018 or such earlier date as I may determine, in consultation with the Secretary and the Commissioner, that Vermonters are no longer at risk from inadequate supply.

This Order shall take effect upon signing.

Dated January 10, 2018.

Executive Order No. 10-46 (No. 02-19) [Interagency Committee on Chemical Management; Process for Review of Chemical Recordkeeping and Reporting Requirements.

WHEREAS, Vermonters may be exposed to harmful chemicals in drinking water, food supplies, outdoor and indoor air, and in consumer products; and

WHEREAS, the State does not have sufficient information-use, volume, location and toxicity, and potential risks -about chemicals present in the State; and

WHEREAS, sufficient information about chemicals present in the State is critical to the State’s ability to effectively respond to emergencies and threats to human health posed by harmful chemicals; ensure the safety of first responders; prioritize limited resources to address those chemicals that pose the greatest risk to Vermonters; assist Vermont businesses with compliance with federal and State laws related to chemical reporting and management requirements; and provide information to citizens about chemical use in the State; and

WHEREAS, Executive Order 13-17 of 2017 (2017 Order) established the Interagency Committee on Chemical Management (Committee) to evaluate chemical inventories in the State on an annual basis to identify potential risks to human health and the environment from regulated and unregulated chemicals in the State; and

WHEREAS, the 2017 Order requires the Committee to make recommendations to the Governor as to any necessary legislative or regulatory actions to reduce risks to Vermonters from unsafe chemicals on December 15, 2018, and requires a report to include, among other items, any recommended legislative or regulatory actions to reduce risks to human health and the environment from regulated and unregulated chemicals of emerging concern; and

WHEREAS, the Committee met routinely and consulted with a citizen advisory panel on proposed recommendations for legislative or regulatory actions to reduce risks from chemicals, including the development of a general framework to be used by the Committee to review and analyze risks posed by chemicals in order to consider appropriate changes to applicable recordkeeping, reporting, and other technical requirements; and

WHEREAS, the Committee submitted a report to the Governor on December 15, 2018. The report included recommendations for the establishment of a more specific process for coordinated State review of the risks to human health and the environment posed by chemicals, classes of chemicals, or groupings of chemicals, including chemicals of emerging concern, that are used or proposed for use in Vermont; and

WHEREAS, the chemical review process recommended by the Committee will provide a consistent and deliberative framework for the State’s evaluation of chemicals and risks posed by those chemicals and will provide a transparent and coordinated approach to identifying and implementing legislative, regulatory or other changes needed to protect Vermonters and the environment from such risks.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby amend and reaffirm the charge of the Interagency Committee on Chemical Management (Committee), as follows:

1. Composition; Chair of Committee.

   The Committee shall consist of the following members:

   A. the Secretary of the Agency of Natural Resources or designee;

   B. the Secretary of the Agency of Agriculture, Food and Markets or designee;

   C. the Secretary of the Agency of Commerce and Community Development or designee;

   D. the Commissioner of the Department of Health or designee;

   E. the Commissioner of the Department of Labor or designee;

   F. the Commissioner of the Department of Public Safety or designee; and

   G. the Secretary of the Agency of Digital Services or designee.

   The Chair of the Committee shall be the Secretary of the Agency of Natural Resources or designee.

2. Committee Support and Authority.

   The Committee shall have the administrative, technical, and legal assistance from the Agency of Natural Resources; Agency of Agriculture, Food and Markets; the Department of Health; the Department of Public Safety; and the Department of Labor. The Committee may obtain additional expertise and resources needed in the review of chemicals pursuant to this process.

   The Committee may develop written procedures, guidance and other resources that are necessary and appropriate to implement this Executive Order. All procedures, guidance, and other resources developed shall be made available to the public.

   The Committee may also hold public meetings to present information, take testimony or discuss and receive input on nominations for chemical review, technical report recommendations or other appropriate topics.

3. Committee Charge and Process.

   The Committee shall make recommendations to the Governor, after consultation with a citizen advisory panel, to improve overall review and management of regulated and unregulated chemicals in the State and to improve and strengthen recordkeeping and reporting and other regulatory requirements. To meet this charge, the Committee shall:

   A. Convene a citizen advisory panel to provide input and expertise to the Committee. The panel shall consist of persons available to the Committee on an as-needed basis to the provide the following expertise:

4. Authority of Agencies.

   This Executive Order shall not limit the independent authority of a State agency to promulgate regulations related to the reporting, use, distribution, manufacture or release of chemicals or take other actions under existing State or applicable federal law.

5. Effective Date.

   This Executive Order shall take effect upon signing and shall supersede and replace Executive Order 13-17 (codified as E.O. No. 10-43).

   Dated March 11, 2019

1. One individual with expertise in toxicology;
2. One individual with expertise in environmental health;
3. One individual with expertise in maternal and child health;
4. One individual with expertise in industrial hygiene or occupational health;
5. One individual with expertise in human health and environmental risk assessment;
6. One individual with expertise in manufacturing products or processes located in Vermont and subject to Vermont recordkeeping and reporting requirements;
7. One individual with expertise in retail sales located in Vermont;
8. One individual associated with a small business located in Vermont and subject to Vermont recordkeeping and reporting requirements;
9. One individual associated with an academic institution with expertise in chemical management or chemical policy;
10. One individual with expertise in environmental law;
11. One individual with expertise in public policy, with a focus on chemical policy; and
12. One individual with expertise in development and administration of information reporting technology or databases.

    B. Conduct a process to review and make recommendations to improve chemical management through changes to chemical recordkeeping, reporting or other requirements, including any legislative or regulatory changes. That process shall consist of the following steps:

    (1) Nomination of Chemicals for Review.

    Nominations may be made to the Committee to review a chemical, class of chemicals, or grouping of chemicals. Nominations may be made by the Committee, members of the citizens advisory panel, or the public. Nominations shall be submitted in writing to the Committee Chair on a form to be developed by the Committee, and shall include, at a minimum and to the extent available, the following information and any supporting documentation related to the chemical or chemicals that are the subject of the nomination:

    a. use and risk of adverse exposure in the State;

    b. information about the potential hazards or risks;

    c. information related to releases to the environmental media (e.g., air, water, soil);

    d. the extent to which the chemical is regulated by the State, the federal government, and/or other jurisdictions where the purpose of such regulation is to address the risks posed to human health or the environment; and

    e. any other information that the Committee determines is necessary to evaluate a chemical’s use in the State and/or the risks to human health and the environment posed by the chemical in the State.

    (2) Preliminary Committee Determination.

    The Committee shall determine whether the information in a nomination warrants further technical review of the nominated chemical, class of chemicals, or grouping of chemicals. The Committee may require the submission of additional information prior to making a determination. The Committee may prioritize its review of nominations, and may consider the availability of information, Committee resources, and/or other factors that may limit further review of a nomination in its determination.

    (3) Technical Team Review; Report.

    Upon a determination of further technical review, the Committee shall establish a technical team to review the nominated chemical(s) and to make recommendations for changes to legislative or regulatory standards governing use of the chemical(s). The technical team shall consist of Committee members and/or designated Committee member representatives with relevant knowledge and expertise of the nominated chemical(s) including regulation, relevant uses, and/or the risks to human health and the environment posed by the chemical(s). The technical team may obtain additional expertise, as needed.

    The technical team shall summarize its review and any recommendations in a written report. The report shall include the following information related to the chemical(s) nominated for review, as applicable and to the extent available:

    a. Current and/or expected future uses of the chemical, including a summary of estimated quantities of the chemical used, managed, or stored in association with these uses. This shall include a description of any known uses (by type) and amounts used, managed and/or stored in Vermont.

    b. Toxicity information.

    c. Routes of known and potential exposure.

    d. Known and potential impacts to public health and the environment. This shall include impacts to occupational health, public safety, and emergency response readiness.

    e. The status of applicable regulations, advisories, assessments, and/or other applicable information or data, developed by the State.

    f. The status of applicable regulations, advisories, assessments, or other applicable information or data developed by other states, the federal government or other jurisdictions.

    g. Recommendations for the development of legislative, regulatory, guidance or other changes that are appropriate to address risks posed to human health or the environment. Such recommendations may include proposals for the following or a combination thereof:

    i. use reduction and exposure reduction techniques;

    ii. alternatives to use;

    iii. adoption of recordkeeping and/or reporting requirements;

    iv. adoption of technical standards or limitations of use;

    v. additional information or technical review that may be needed;

    vi. no further action;

    vii. any other changes in regulation or policy that may appropriate to address risks posed to human health or the environment posed by the nominated chemical(s).

    h. A description of the potential impact of each recommendation, including impacts to users of the chemical(s) in Vermont, agencies or other entities that have regulatory authority over the chemical(s), and the public.

    (4) Committee Review of Technical Report; Findings.

    The Committee shall review and make findings on a report submitted by a technical team. The Committee may prioritize its review of technical reports, and may consider the availability of information, Committee resources, and/or other factors that may limit review of technical reports. The Committee may obtain additional expertise or require the submission of additional information prior to making findings on a report.

    The Committee may propose additional recommendations, including recommendation for the collection of additional information or for further technical review. The Committee shall issue its findings and a proposal for any additional recommendations in writing. The Committee’s findings shall be submitted to the technical team and the citizens advisory panel and shall be made public.

    (5) Citizens Advisory Panel Review of Committee’s Findings.

    The citizens advisory panel may review the findings of the Committee related to any technical report and may provide written comments to the Committee. The panel shall coordinate the review and submission of comments with the Committee prior to any final Committee action on the report.

    (6) Committee Determination on Technical Report Recommendations

    The Committee shall approve or deny, in whole or in part, any recommendations in a technical report and shall issue a written decision including findings supporting the actions taken. The Committee shall consider any comments submitted by the citizens advisory panel and the public and may address such comments in writing or in the Committee’s written decision. A copy of the Committee’s decision shall be made public and sent to the nominating entity, relevant executive agencies, and any other applicable entities.

    C. Coordinate appropriate State agencies to implement the recommendations in the Committee’s final report. Any recommendation for legislative modifications or any other recommendations shall be submitted to the Governor. A copy of any recommendations shall be submitted to the appropriate committees of jurisdiction of the General Assembly.

    D. Issue a report and make recommendations to the Governor as to any necessary legislative or regulatory actions to reduce risks to Vermonters from unsafe chemicals on December 15, 2020 and biennially thereafter or as needed based on the work of the Committee. Copies of any reports shall be provided to the appropriate committees of jurisdiction of the General Assembly. The report shall include:

    (1) a summary of chemical use in the State based on reported chemical inventories;

    (2) a summary of identified risks to human health and the environment from reported chemical inventories;

    (3) a summary of any change under federal statute or rule affecting the regulation of chemicals in the State; and

    (4) recommended legislative or regulatory action to reduce risks to human health and the environment from regulated and unregulated chemicals of emerging concern.

Executive Order No. 10-47 (No. 08-19) [Brownfields Economic Revitalization Alliance Program.

WHEREAS, Vermont’s workforce has declined significantly since the great recession with fewer Vermonters working or looking for work while employers struggle to fill good jobs; and

WHEREAS, a majority of Vermont’s counties have not returned to pre-recession employment levels; and

WHEREAS, we must do more to ensure that all of Vermont’s villages, towns, cities and counties have the tools to strengthen their communities and expand economic opportunity; and

WHEREAS, economic and community development is a high priority for Vermont’s municipalities, employers and Vermonters; and

WHEREAS, Vermont has a number of abandoned, idled and underused industrial and commercial sites and facilities where redevelopment is difficult because of contamination (referred to as brownfields); and

WHEREAS, developers report complicated issues involved in brownfield redevelopment projects in areas where development priorities exist (i.e. designated downtowns) — including State and federal regulations and permitting requirements overseen by multiple agencies, in addition to liability, lender requirements and other legal concerns — make them more expensive and complex to pursue and develop; and

WHEREAS, the Brownfields Economic Revitalization Alliance or “BERA” has successfully utilized technical support and funding from the U.S. Environmental Protection Agency (EPA) for all of its pilot projects to date; and

WHEREAS, the EPA recognizes the importance of BERA and continues to provide technical support and funding for BERA pilot projects; and

WHEREAS, the BERA serves an essential function in coordinating and prioritizing the deployment of State and federal resources to assist and guide developers of properties facing environmental and permitting challenges in evaluating, planning, and mitigating hazards; and

WHEREAS, for Vermont to expand its economy and attract employers, the Governor has identified the need for a coordinated, predictable and transparent process for brownfield redevelopment projects while also protecting public health, safety and the environment; and

WHEREAS, in order to ensure effective and efficient planning related to hazard and environmental mitigation and permitting related to brownfields redevelopment there is a need for a “one-stop-shop” to assist landowners and developers with accessing State and federal resources, navigating regulations and permitting requirements and planning and coordinating the redevelopment of these properties on behalf of the people of Vermont.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor do hereby formally constitute the Brownfields Economic Revitalization Alliance (“BERA”) Program, to coordinate, utilize and deploy all available federal, State, private sector and volunteer and non-governmental agency resources, including funding, in the remediation, permitting and redevelopment coordination of BERA Program designated properties as follows:

1. BERA Program Governance.

   The BERA Program Executive Committee shall receive, review and act on recommendations from the BERA Working Group to designate new BERA Program projects and review progress on existing BERA Program projects as needed, but not less frequently than semi-annually.

   The BERA Program Executive Committee shall consist of three tiers of members, as follows:

   1. Secretary of the Agency of Commerce and Community Development (ACCD), the Agency of Natural Resources (ANR) and the Agency of Transportation (AOT).
   2. Not more than 12 non-governmental members appointed by the Governor, to include leaders in community planning, environmental remediation, economic development and finance, housing and commercial real estate.
   3. State program members to be identified by the BERA Program Executive Committee, to include program staff from ACCD, AOT, the Department of Environmental Conservation, the Department of Health and the Governor’s Office.

      The BERA Program Executive Committee shall be chaired by the designated representative of the Department of Environmental Conservation Brownfields Program.

      The BERA Program Executive Committee may, in its discretion, consult with federal government representatives, private sector professionals and volunteer and non-governmental organizations for information and advice on best practices.

      The BERA Program Executive Committee shall provide an annual report to the Governor on the status of the Coordinated Project Plans.

2. BERA Working Groups Charge and Process.

   The BERA Program Executive Committee shall, with respect to each designated redevelopment project, establish BERA Working Groups to support the BERA Program’s mission, drawing membership from any agency or department of State government to participate in and coordinate planning, permitting and remediation activities as part of each brownfield redevelopment project. Any conflicts resulting from these cross-agency designations shall be resolved by the Governor’s Director of Affordability and Economic Growth Initiatives.

   A BERA Working Group shall meet at the call of the BERA Program Executive Committee Chair as needed but not less frequently than quarterly, and consist of program staff from ANR, ACCD and AOT. The focus of BERA Working Groups shall be to identify BERA Project Team members and coordinate site characterization and project permitting and prioritize State and federal funding for remediation and redevelopment activities.

   The BERA Working Groups shall update the BERA Program Executive Committee on each Coordinated Project Plan not less than semi-annually to ensure each identified State governmental participant fulfills and executes its respective responsibilities outlined in the Plan.

3. BERA Project Teams.

   A BERA Working Group shall designate a “Project Team” for each BERA Project to consist of stakeholders for that project such as State, federal, regional and local entities that can facilitate the successful completion of the designated redevelopment project.

   • Single Point of Contact: The BERA Executive Committee Chair shall appoint a State BERA Project Team Lead from each BERA Working Group dedicated to be the point of contact for a BERA Project Team. The BERA Project Team Lead shall address concerns related to the designated redevelopment project as well as challenges associated with the implementation of the Coordinated Project Plan, including coordination with the federal and State agencies responsible for resources, regulation and permitting and work with other relevant cooperating federal, State and local agencies, private sector professionals and interested third parties as needed.

   • Coordinated Project Plan: Each BERA Project Team Lead shall develop a Coordinated Project Plan (Plan) at the start of each redevelopment project. The Plan shall: 1) list the roles and responsibilities for all entities to provide resources, perform environmental reviews or grant authorizations; 2) discuss a remediation strategy; 3) outline plans and a schedule for outreach, coordination and BERA project completion; 4) set a schedule for coordinated BERA Project Team meetings; 5) identify funding opportunities and gaps; and 6) identify the point at which the BERA project is “complete,” signifying the end of BERA Working Group and BERA Project Team involvement. Assignments within the Plan shall be based on functional capabilities and statutory responsibilities of each member of the BERA Project Team.

   To make the Plan viable and fulfill the mission of the BERA Program, all State governmental participants must execute their assignments when called upon.

4. Effective Date.

   This Executive Order shall take effect upon execution and shall expire October 1, 2025, unless extended by the Governor.

   Dated October 9, 2019

Executive Order No. 10-48 (No. 04-20) [Promoting and Providing Regulatory Certainty for Recreational Trails.

WHEREAS, Vermont’s landscape of forests, farms and compact downtowns and village centers and their associated outdoor recreation opportunities are major reasons why people visit and live in Vermont; and

WHEREAS, in Vermont, outdoor recreation accounts for 34,000 direct jobs and $2.5 billion in consumer spending; and

WHEREAS, our natural, cultural and physical recreation assets can and should be leveraged to sustain, grow and drive economic development in all sectors of Vermont’s economy with particular attention to the segment that includes outdoor recreation industry businesses that are most closely aligned with the State’s outdoor recreation brand; and

WHEREAS, those recreation assets must be wisely managed and strengthened, not only to grow the economic development potential of this sector, but to sustain and enhance the value of the Vermont brand, the experience of visitors to Vermont and Vermonters’ quality of life; and

WHEREAS, outdoor recreation is critically important to the physical and mental health and wellness of Vermonters especially during the COVID-19 pandemic through exercise in the Vermont environment in a way that promotes our public health objectives; and

WHEREAS, Vermont Natural Resources Board Rule 71(A) clarifies that when a property owner authorizes a trail to be located on their property, and an Act 250 permit is required for that trail system, Act 250 jurisdiction only applies to that trail corridor; and

WHEREAS, the public would benefit from additional clarity with respect to the manner in which recreational trails are regulated through Act 250.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, and in furtherance of promoting outdoor recreation and the rural economy, do hereby order and direct as follows:

1. The Chair of the NRB shall clarify through guidance or rulemaking:

   A. That the jurisdictional trigger for trails enrolled in the Vermont Trail System is the jurisdictional trigger that applies to the construction of improvements for municipal, county, and state purposes in 10 V.S.A. § 6001(3)(A) (v). (Meaning a VTS trail project will require 10 acres or more of actual land disturbance to trigger Act 250 jurisdiction, regardless the size of the parcel(s) the trail may cross).

   B. That the involved land for determining jurisdiction over trails enrolled in the Vermont Trail System includes only those portions of any tract or tracts of land to be physically altered or upon which construction of improvements will occur as more fully described in Act 250 Rule 2(C)(5)(b). (Meaning land not used as a part of the VTS trail improvements will not be considered when determining whether a VTS trail project triggers Act 250 jurisdiction).

   C. That once Act 250 jurisdiction is triggered, that jurisdiction only extends to the trail corridor and to any area directly or indirectly impacted by the construction, operation, or maintenance of the trail corridor. (Meaning when Act 250 asserts jurisdiction over a VTS trail project, jurisdiction will only apply to the trail corridor and will in no way restrict or encumber lands outside the trail corridor on the parcel(s) the trail may cross).

2. Recommendations for Future Improvements to Recreational Trail Oversight.

   On or before March 1, 2021, the Commissioner of Forests, Parks, and Recreation shall make recommendations for an alternative, best-management-practices-driven program for the oversight of planning, construction, use, and maintenance of recreational trails in the Vermont Trails System administered by the Agency of Natural Resources. These recommendations should also provide applicants clarity on how recreational trails can be constructed and operated in a manner that does not result in an undue or adverse impact to the human or natural communities where they are located. The report shall include recommendations for revisions to 10 V.S.A. chapter 20, including revisions to mapping, legislative authority to administer the program, potential funding sources, staffing needs, and whether to include other recreational trails. The recommendations should include any proposed changes to legislation to promote the construction and operation of trails in an environmentally protective manner. The Agency of Natural Resources shall consult with stakeholders including the Vermont Trails and Greenways Council in developing recommendations.

3. Suspension of Proceedings that Address Act 250 Jurisdiction.

   Any executive branch litigant or tribunal shall take all reasonable steps to delay a final decision in any proceeding addressing Act 250 jurisdiction until the steps identified in this Executive Order take effect.

4. Effective Date.

   This Executive Order shall take effect upon signing.

   Dated October 5, 2020

Executive Order No. 10-49 (No. 02-21) [Reorganization of the Natural Resources Board.

WHEREAS, the Governor, pursuant to the Vermont Constitution Chapter II, Section 3 and 3 V.S.A. Section 2001 and Section 2002, may make such changes in the organization of the Executive Branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, the Constitution of Vermont, Chapter II, Section 6 provides that no bill, resolution or other thing which shall have been passed by one house of the General Assembly shall have the effect of or be declared to be a law without the concurrence of the other, ensuring no action by a single house, committee or agent of the General Assembly may be binding on the Executive Branch; and

WHEREAS, any organizational changes made by the Governor, pursuant to 3 V.S.A. Section 2001 and Section 2002, shall be subject to disapproval by both houses of the General Assembly; and

WHEREAS, it is desirable to reorganize the agencies, departments and divisions of government by better coordinating certain activities and improving the coordination and effectiveness of services to the public; and

WHEREAS, Act 250 has operated under the same administrative structure for over fifty years, consisting of District Environmental Commissions (“District Commissions”), administrative tribunals comprised of three volunteer members of the public, operating independently in 9 regions of the State; and

WHEREAS, from 1970 through 2004, the former Environmental Board oversaw the operations of the District Commissions and established policy precedents across the Act 250 enterprise through the issuance of decisions in appeals of Act 250 permits; and

WHEREAS, when the Natural Resources Board replaced the Environmental Board in 2004, the Natural Resources Board did not retain its ability to compel consistent application of policy and law across the nine District Commissions through the issuance of decisions in Act 250 appeals; and

WHEREAS, while Act 250 has served Vermont well, the scope and complexity of environmental, planning, and regulatory issues District Commission must consider has expanded significantly since 1970; and

WHEREAS, with complex emerging issues such as climate change, the interplay between Act 250 and other state and municipal regulatory programs, demographic challenges, and the growing economic divide between the rural and urban parts of our state, and with a current governance structure that lacks a unifying policy authority across the nine districts, restructuring Act 250 presents an opportunity to maximize natural resource protections, enable well planned growth, increase predictability and reduce redundancy with other state regulatory programs; and

WHEREAS, a professional Natural Resources Board that decides major cases will have the capacity to consider and manage complex issues now and into the future, and, through their Orders, will establish precedent and policy resulting in the consistent application of Act 250 criteria statewide; and

WHEREAS, in each proceeding of the restructured Natural Resources Board, two members from the District Commission from the District where the proposed project is located will sit with the Natural Resources Board so regional considerations will continue to inform Act 250 decisions.

NOW THEREFORE, by virtue of the authority vested in me as Governor by the Constitution of the State of Vermont, Chapter II, Section 3 and Section 20, 3 V.S.A. chapter 41 and 32 V.S.A. § 704a , I, Philip B. Scott, do hereby reorganize the Natural Resources Board and its District Commissions as follows:

1. As of July 1, 2021, a restructured Natural Resources Board made up of three full-time professional members is hereby created to professionalize and modernize the current governance structure, to unify policy authority across the nine District Commissions, to maximize natural resource protections, to enable well-planned growth, to increase predictability and uniformity and reduce redundancy and inconsistency with other state regulatory programs.
2. As of July 1, 2021, the Natural Resources Board created in 10 V.S.A. § 6021 consisting of five members appointed by the Governor (the “Original Board”) is hereby abolished and all the duties, responsibilities and authority of the Original Board are hereby transferred to a reconstituted Natural Resources Board made up of three full time professional members as established in Section 3 below.
3. As of July 1, 2021, the Natural Resources Board shall consist of three full-time professional voting members which shall have all the duties, responsibilities, and authority of the Original Board and such duties, responsibilities and authority as set forth in this Order.

   The members shall include a Chair and two additional members who shall be appointed by the Governor with the advice and consent of the Senate. In making these appointments, the Governor and the Senate shall give consideration to experience, expertise or skills relating to the environment or land use, as well as geographic, gender, ethnic and racial diversity. Following initial appointments, the three members shall serve six-year staggered terms.

   Initial appointments shall be made prior to July 1, 2021. For initial appointments, the Chair shall be appointed to a six-year term, one member shall be appointed to a four-year term and the third member shall be appointed to a two-year term. Each of the three members shall be a full-time employee, exempt from the classified service, serving at the pleasure of the Governor.

   When a particular application comes before the Board, two members from the District Commission from the District where an application being reviewed was located shall become voting members of the Board solely with respect to that matter. The two District Commission members shall be selected by the applicable Chair of the District Commission.

4. As of July 1, 2021, the authority of each of the District Commissions in 10 V.S.A. § 1084(b) , to determine whether a complete application shall be processed as a major application with a required public hearing or a minor application, shall be transferred to the Natural Resources Board, acting without District Commissioners.
5. As of July 1, 2021, the authority of each of the District Commissions to determine whether to issue an administrative amendment shall be transferred to the Natural Resources Board, acting without District Commissioners.
6. As of July 1, 2021, all authority of each of the District Commissions in Title 10 relating to any application determined to be a major application or a minor application where a hearing is requested, shall be transferred to the Natural Resources Board.
7. As of July 1, 2021, the provisions of Title 10 and the rules, policies and procedures of the Natural Resources Board relating to applications determined to be major applications or minor applications where a hearing is requested shall be deemed to refer to and shall be applicable to the Natural Resources Board.
8. An applicant who has received a Jurisdictional Opinion from a District Coordinator may, within 30 days from the issuance of the opinion, request reconsideration of the Jurisdictional Opinion by the Natural Resources Board, acting without the District Commissioners.
9. All complete applications filed with a District Commission prior to July 1, 2021 shall remain under the jurisdiction of the applicable District Commission until resolution of the application.

   This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002 . This Executive Order shall take effect on April 15, 2021, unless disapproved by both houses of the General Assembly.

   Dated January 14, 2021.

   [Reserved for future use.]

   [Reserved for future use.]

   [Reserved for future use.]

   [Reserved for future use.]

   [Reserved for future use.]

Executive Order No. 13-1 (No. 33-87A) [Criminal Justice Center.

Superseded and replaced by Executive Order 09-10 and 10-10 (codified as Executive Order Nos. 13-5 and 13-6), dated November 3, 2010.

Executive Order No. 13-2 (No. 17-03) [Governor’s Commission on Corrections Overcrowding.

Superseded and replaced by Executive Order No. 17A-03 (codified as Executive Order No. 13-3), dated November 17, 2003.

Executive Order No. 13-3 (No. 17A-03) [Governor’s Commission on Corrections Overcrowding.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

Executive Order No. 13-4 (No. 01-07) [Vermont Victim/Survivor Crime Council.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

Executive Order No. 13-5 (No. 09-10) [Vermont Center for Justice Research.

Superseded and replaced by Executive Order No. 13-7 (codified as Executive Order No. 06-14), dated November 4, 2014.

Executive Order No. 13-6 (No. 10-10) [Criminal Justice Cabinet.

Superseded and replaced by Executive Order No. 3-61 (codified as Executive Order No. 02-14), dated June 17, 2014.

Executive Order No. 13-7 (No. 06-14) [Vermont’s Statistical Analysis Center.

WHEREAS, consistent and available data about the occurrence of crime and the effects of the response to crime is needed by various agencies so that policies can be coordinated and costs can be controlled; and

WHEREAS, state and local government need access to federal resources relating to the administration of criminal and juvenile justice; and

WHEREAS, the U.S. Department of Justice, Bureau of Justice Statistics (“BJS”) provides funds to states’ statistical analysis centers to coordinate criminal justice statistical information, to conduct research to assist criminal justice policymakers, and to serve as a liaison between the State and BJS.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby designate the Department of Public Safety as Vermont’s statistical analysis center. The Center, directly or through contracted services, shall collect and analyze criminal and juvenile justice data, and produce general information and statistical reports on crime, criminal and juvenile offenders, and the administration of criminal and juvenile justice.

The Center shall be authorized, in accordance with 32 V.S.A. § 5(a) , to apply for and to receive federal and other grants and funds as may be available, including funds available from the Bureau of Justice Statistics and from the Bureau of Justice Assistance.

This Executive Order shall take effect upon signing and supersedes and replaces Executive Order 9-10 (codified as 13-5) dated November 3, 2010, on the same subject.

Dated November 4, 2014.

Executive Order No. 15-1 (No. 10-93) [Council on Family Violence.

Superseded by Executive Order No. 11-99 (codified as Executive Order No. 15-4), dated December 8, 1999.

Executive Order No. 15-2 (No. 10-96) [Creation of Vermont Council on Family Violence.

Expired by its own terms, effective July 1998.

Executive Order No. 15-3 (No. 12-98) [Vermont Council on Family Violence.

Expired by its own terms, effective July 2000.

Executive Order No. 15-4 (No. 11-99) [Rescission of Executive Order No. 10-93.

WHEREAS, the Council on Family Violence, created by Executive Order No. 10-93, has been superseded by a similar body.

NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by virtue of the power vested in me as Governor of the State of Vermont, to hereby revoke and rescind Executive Order No. 10-93, dated August 11, 1993, and relating to the Council on Family Violence.

Dated December 8, 1999.

Executive Order No. 15-5 (No. 06-00) [Vermont Council on Family Violence.

Superseded by Executive Order No. 11-01 (codified as Executive Order No. 15-7), dated December 3, 2001.

Executive Order No. 15-6 (No. 07-00) [Domestic Violence and the Workplace.

Expired by its own terms, effective October 2003.

Executive Order No. 15-7 (No. 11-01) [Creation of the Vermont Council on Domestic Violence.

Superseded and replaced by Executive Order No. 04-06 (codified as Executive Order No. 15-8), dated June 29, 2006.

Executive Order No. 15-8 (No. 04-06) [Creation of the Vermont Council on Domestic Violence.

Revoked and rescinded by Executive Order No. 3-50 (codified as Executive Order 10-09), dated December 23, 2009.

Executive Order No. 15-9 (No. 02-11) [Prevention of Domestic and Sexual Violence Task Force.

Rescinded and superseded by Executive Order No. 16-11 (codified as Executive Order No. 15-10), dated November 17, 2011.

Executive Order No. 15-10 (No. 16-11) [Governor’s Prevention of Domestic and Sexual Violence Task Force.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 16-1 (No. 11-93) [Identification of Vermont Higher Education Council as Postsecondary Review Entity.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

Executive Order No. 16-2 (No. 10-94) [Coordinating Council for Vermont Interactive Television.

Superseded and replaced by Executive Order No. 16-5 (codified as Executive Order No. 06-13), dated July 10, 2013.

Executive Order No. 16-3 (No. 13-94) [Vermont Goals 2000 Commission.

Revoked and rescinded by Executive Order 3-46 (codified as Executive Order No. 06-05), dated September 13, 2005.

Executive Order No. 16-4 (No. 03-09) [University of Vermont-Vermont State Colleges Task Force.

Expired by its own terms, effective March 15, 2010.

Executive Order No. 16-5 (No. 06-13) [Coordinating Council for Vermont Interactive Technologies.

WHEREAS, it is the policy of the State of Vermont to extend learning opportunities to all citizens regardless of geographic location; and

WHEREAS, the use of interactive technology for remote teaching applications has been successfully demonstrated at multiple locations throughout Vermont since 1988; and

WHEREAS, a joint private-public sponsorship coordinates Vermont’s interactive technology network.

NOW, THEREFORE, BE IT RESOLVED THAT I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby rename the “Coordinating Council for Vermont Interactive Television” the “Coordinating Council for Vermont Interactive Technologies,” and reconstitute the Council as follows

1. Composition and Appointments

   The Council shall be composed of two representatives of the business community, appointed by the Governor; two representatives of the education community, appointed by the Governor; two representatives of the non-profit community, appointed by the Governor; a member of the Vermont House of Representatives, appointed by the Speaker of the House; a member of the Vermont Senate, appointed by the Committee on Committees; and a representative of the Administration, appointed by the Governor.

   Additional appointments shall be made by the Governor to fill vacancies or to respond to other critical needs.

2. Council Process and Change

   The Council shall meet periodically and shall make recommendations to the Secretary of Administration and to the Executive Director of Vermont Interactive Technologies concerning:

   A. policy for overall system usage and development;

   B. priorities for operational scheduling;

   C. evaluation of system performance;

   D. future development and/or system expansion;

   E. budgetary information and requirements; and

   F. development of funding alternatives.

   In addition, the Council shall maintain liaisons with appropriate legislative offices and annually advise the Governor and the General Assembly on the process and achievements of Vermont Interactive Technologies.

   Administrative support will be provided by the Agency of Administration and the Vermont State Colleges as required.

3. Effective Date

   This Executive Order shall take effect upon signing and shall expire on September 15, 2019.

   This Order supersedes Executive Order 10-94 (codified as No. 16-2).

   Dated July 10, 2013.

Executive Order No. 17-1 (No. 21-86) [Provision of Nonpartisan Voter Registration Services by State Agencies.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 18-1 (No. 35-79) [State Center for Health Statistics.

WHEREAS, the planning and development of an improved health care delivery system in Vermont requires data on health status and the availability of health manpower, facilities, and other health resources; and

WHEREAS, the problems of inadequate information, lack of comparability, and duplication of data collection efforts in these areas have been addressed by the Health Services Research, Health Statistics, and Medical Libraries Act of 1974 (PL 93—353), the National Health Planning and Resources Development Act of 1974 (PS 93—641), the Health Professionals Educational Assistance Act of 1976 (PL 94—484) and the Health Services Research, Health Statistics, and Health Care Technology Act of 1978 (PL 95—623); and

WHEREAS, the Health Services Research, Health Statistics and Health Care Technology Act of 1978 establishes the Cooperative Health Statistics System and requires that states participating in the system designate a state agent to administer statistical activities under the system; and

WHEREAS, the Vermont Department of Health, through its Division of Public Health Statistics, is both the primary and coordinating agency for Cooperative Health Statistics System activities within Vermont;

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the authority vested in me as Governor, in order to carry into effect the action referred to above, do hereby designate the Vermont Department of Health as the Official State Center for Health Statistics in Vermont.

Dated July 18, 1979.

Executive Order No. 18-2 (No. 42-79) [State Employee Medical Benefit Plan Special Fund.

WHEREAS, the State of Vermont is obligated to provide a certain program of medical care benefits to its eligible employees, and

WHEREAS, the state wishes to self-fund this program to achieve greater economic benefits for itself and its employees, and

WHEREAS, the state has contracted with a medical care benefit plan administrating company to administer the plan on behalf of the state, effective January 1, 1980, and

WHEREAS, to facilitate the administration of such health benefit plan, the state desires to establish a special fund account with the State Treasury,

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the authority vested in me as Governor, do hereby order and direct that:

1. A special fund entitled “State Employee Medical Benefit Plan Special Fund” be established and a depository designated by the State Treasurer; and
2. The health insurance premium equivalents paid both by the state and its employees covering the period starting January 1, 1980 be deposited to this Special Fund as soon as practical after each pay period, and
3. Any interest or other earnings of the Special Fund shall be deposited into the Special Fund, and
4. Withdrawals from the Special Fund shall be made only for the purpose of paying medical benefits in accordance with the provisions of the state employees medical benefit plan and for paying certain administrative costs associated with the medical benefit plan which are determined appropriate by the Secretary of Administration.

   FURTHER, BE IT ORDERED:

   That the operation of this Special Fund be subject to the same legal compliance responsibilities and accountabilities as other state accounts under the direction of the State Treasurer, and

   That appropriate and timely reports of Special Fund activity, including deposits, earnings, and withdrawals, be made by the Commissioner of Finance and the State Treasurer to the Secretary of Administration who shall have overall responsibility for the operation of the medical benefit plan and this Special Fund.

   Dated November 30, 1979.

Executive Order No. 18-3 (No. 48-80) [State Employee Dental Assistance Plan.

WHEREAS, the State of Vermont is obligated to provide a certain program of dental care benefits to its eligible employees, and

WHEREAS, the State has contracted with a licensed insurance company to provide these dental benefits beginning July 6, 1980, and

WHEREAS, the State wishes to achieve economic benefits for itself by choosing a minimum premium type funding, and

WHEREAS, such minimum premium insured plan requires certain special banking arrangements,

NOW, THEREFORE, I, Richard A. Snelling, by virtue of the authority vested in me as Governor, do hereby order and direct that:

1. A special fund entitled “State of Vermont Employee Dental Assistance Plan” be established and a depository designated by the State Treasurer; and
2. The portion of the total plan cost designated by the insurance company be deposited to this special fund at the required intervals as necessary reserves for claims; and
3. A separate account be established by the Treasurer in a bank designated by the insurance company to facilitate the operation of the claim payment system established by the insurer.

   FURTHER, BE IT ORDERED:

   That the operations of these Special Fund accounts be subject to the same legal compliance responsibilities and accountabilities as other state accounts under the direction of the State Treasurer, and

   That appropriate and timely reports of account activity, including deposits, earnings and withdrawals, be made by the Commissioner of Finance and the State Treasurer to the Secretary of Administration who shall have overall responsibility for the operation of the dental assistance plan and this Special Fund.

   Dated May 7, 1980.

Executive Order No. 18-4 (No. 73A-89) [Compensation of Members of Vermont Mental Health Planning Council.

Rescinded by Executive Order 6-99 (codified as Executive Order No. 18-12), dated June 11, 1999.

Executive Order No. 18-5 (No. 14-91) [Rabies Task Force.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 18-6 (No. 01-92) [Transfer of Governor’s Council on Physical Fitness and Sports from Department of Forests, Parks and Recreation to Department of Health.

WHEREAS, The Governor’s Council on Physical Fitness and Sports was created through Executive Order by Governor Snelling in 1981 and given legislative authority by Act 173 in 1985; and

WHEREAS, the Council has been attached since its beginning to the Department of Forests, Parks and Recreation for administrative purposes; and

WHEREAS, there has been a significant growth of public interest in health and fitness since the Council began; and

WHEREAS, the Council has a number of programs that are helping to further promote fitness and health among Vermonters; and

WHEREAS, the Department of Health is in a better position to provide the support that the Council needs to further its goals;

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by virtue of the power vested in me as Governor, do hereby order as follows:

The Governor’s Council on Physical Fitness and Sports is transferred from the Department of Forests, Parks and Recreation to the Department of Health for administrative purposes.

This Executive Order shall take effect upon signing.

Dated January 14, 1992.

Executive Order No. 18-7 (No. 03-93) [Drug Utilization Review Board.

Superseded and replaced by Executive Order 08-10 (codified as Executive Order No. 33-20), dated September 8, 2010.

Executive Order No. 18-8 (No. 03-94) [Drug Policy Cabinet.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 18-9 (No. 07-94) [Pilot Program to Eliminate Lead-Based Paint Hazards in Housing.

WHEREAS, the State of Vermont has received a grant of $2,534,293 from the U.S. Department of Housing and Urban Development (“HUD”) to eliminate lead-based paint hazards in housing which is, or will be, occupied by children under the age of six (the “HUD Grant”); and

WHEREAS, the Vermont Housing and Conservation Board (“Board”) is a public instrumentality of the State of Vermont established to create affordable housing and preserve agricultural land, historic properties, important natural areas and recreational lands; and

WHEREAS, the Board, in active partnership with the Department of Housing and Community Affairs (“DHCA”), the Department of Health (“DOH”) and the Vermont Housing Finance Agency (“VHFA”), has implemented a policy which requires grantees to develop housing which is lead safe for children under six; and

WHEREAS, the HUD Grant will allow Vermont to start a pilot program to provide grants and loans to property owners to eliminate lead-based paint hazards in approximately 500 rental housing units and five owner-occupied single-family homes throughout the state; and

WHEREAS, effective and timely implementation of the HUD Grant will be a major step toward guaranteeing all Vermont children a lead-safe home and complementing the work already begun by the Board, DHCA, VHFA, DOH Childhood Lead Poisoning Prevention Program, the Abatement Coordination Team and the Lead Paint Hazard Commission.

NOW THEREFORE, BE IT RESOLVED THAT I, Howard Dean, by virtue of the power vested in me as Governor, do hereby order the following actions:

The Vermont Housing and Conservation Board (hereinafter the “Board”) is authorized to sign a Grant Agreement with the U.S. Department of Housing and Urban Development (“HUD”) for the purpose of receiving HUD funds under the Lead-Based Paint Hazard Reduction Grant Program (the “HUD Grant”). The Board is authorized to use the HUD Grant to establish and administer a Vermont program to eliminate lead-based paint hazards in housing which is, or will be, occupied by children under age six.

The Board shall work closely with DHCA, the Department of Health Childhood Lead Poisoning Prevention Program and the Abatement Coordination Team to develop and manage a successful Pilot Program for Vermont and, as part of its Annual Report to the General Assembly, shall include a description of activities supported by the HUD Grant.

This Executive Order shall take effect upon signing.

Dated April 24, 1994.

Executive Order No. 18-10 (No. 09-96) [Governor’s Health Care Financing Review Panel.

Expired by its own terms, effective January 1, 1997.

Executive Order No. 18-11 (No. 13-98) [Commission on Public Health Care Values and Priorities.

Superseded by Executive Order No. 02-01, effective January 23, 2001.

Executive Order No. 18-12 (No. 06-99) [State Program Standing Committee.

WHEREAS, the Department of Developmental and Mental Health Services (DDMHS) promulgated regulations that require DDMHS to establish a State Program Standing Committee for each population receiving funding from DDMHS; and

WHEREAS, each State Program Standing Committee has specific responsibilities for monitoring and evaluating the service system as well as for planning and decision-making with regard to DDMHS policy; and

WHEREAS, these Standing Committees share many of the responsibilities of the current seven-member Board of Mental Health; and

WHEREAS, on November 7, 1998, the Board of Mental Health approved a motion to advise the Commissioner of Developmental and Mental Health Services to disband the Board of Mental Health.

NOW, THEREFORE, BE IT RESOLVED THAT I, Howard Dean, M.D., by the power vested in me as Governor of the State of Vermont, to hereby rescind Executive Order #73A-89, dated March 13, 1989.

The State Program Standing Committees will assume the functions of the Planning Council referred to in Executive Order #73A-89. Current members of the Board of Mental Health will be offered slots on the new State Program Standing Committees.

Dated June 11, 1999.

Executive Order No. 18-13 (No. 02-01) [Commission on Public Health Care Values and Priorities.

Expired by its own terms, effective July 1, 2002.

Executive Order No. 18-14 (No. 04-01) [Bipartisan Commission on Health Care Availability and Affordability.

Expired by its own terms, effective June 30, 2002.

Executive Order No. 18-15 (No. 10-02) [Reestablishment of the Commission on Public Health Care Values and Priorities.

Expired by its own terms, effective January 1, 2003.

Executive Order No. 18-16 (No. 01-06) [Hunger Task Force.

Expired by its own terms, effective November 15, 2009.

Executive Order No. 18-17 (No. 08-09) [Governor’s Health Care Cabinet.

Superseded and replaced by Executive Order No. 06-10 (codified as Executive Order No. 18-19), dated July 30, 2010.

Executive Order No. 18-18 (No. 11-09) [Interagency Council on Hunger.

WHEREAS, the Governor’s Hunger Task Force confirms that hunger is a fact of life for many Vermonters; and

WHEREAS, the current economic situation has increased the ranks of Vermonters who cannot purchase sufficient food to avoid hunger and its consequences; and

WHEREAS, the consequences of inadequate access to nutritious foods and a healthful diet have been shown to contribute to decreased ability to perform in school or on the job and to chronic health problems throughout life, such as diabetes, cardiovascular disease, and obesity; and

WHEREAS, solving the problem of hunger in Vermont will require several agencies, departments and community agencies to work closely together.

NOW, THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish an Interagency Council on Hunger. The Council shall be advisory to the Governor and shall have the following functions and duties:

1. to monitor hunger in Vermont and analyze factors contributing to its causes;
2. to the extent to which public and private sector programs and services are addressing the problem of hunger in Vermont; and
3. to recommend, coordinate, and support actions that can be taken, sustained or expanded by agencies and individuals in the public and private sectors to reduce hunger in Vermont.

   The Council shall consist of no more than ten members and shall be composed as follows:

   • The Secretary of the Agency of Human services, or his/her designee, who shall serve as Chair;

   • The commissioner of Education, or his/her designee;

   • The Commissioner of the Department of Children and Families, or his/her designee;

   • The Secretary of the Agency of Agriculture, Food and Markets, or his/her designee;

   • One representative from the ecumenical sector appointed by the Governor to a three year term;

   • One representative from a Community Action Agency appointed by the Governor to a three year term; and

   • Four individuals appointed by the Governor to three year terms who represent private agencies and programs that provide services to low-income Vermonters, as follows: one shall be a statewide organization with an anti-hunger focus; one shall be an organization that provides services to a vulnerable population such as elders, disabled or homeless persons; and two shall be organizations that work directly with and represent people who are low income and likely to be affected by hunger.

   The Chair may call upon other persons or organizations as needed to assist the Council in its endeavors. The Council may establish sub-committees for the effective discharge of its responsibilities.

   The Agency of Human Services shall provide administrative and staff support to the Council.

   This Executive Order shall take effect upon signing and shall expire on November 30, 2015, unless extended.

   Dated November 12, 2009.

Executive Order No. 18-19 (No. 06-10) [Governor’s Health Care Cabinet.

Expired by its own terms, effective June 30, 2011.

Executive Order No. 18-20 (No. 10-11) [Blue Ribbon Commission on Nursing.

Expired by its own terms, effective September 30, 2012.

Executive Order No. 18-21 (No. 12-11) [Designation of VSH at Springfield, Vermont.

Revoked and rescinded by Executive Order No. 01-15 (codified as Executive Order 3-66), dated February 13, 2015.

Executive Order No. 18-22 (No. 07-13) [Governor’s Health Care Workforce Work Group.

WHEREAS, successful transformation of Vermont’s health care system is essential to improve the access to care for, and the quality of care provided to, Vermonters; and

WHEREAS, to achieve this transformation depends on having a health care workforce with the right skills in the right place at the right time; and

WHEREAS, a properly equipped health care workforce will require health reform initiatives that cut across traditional lines of state agency and department responsibility and will require maximum involvement of the community of educational and health professional stakeholders.

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Governor’s Health Care Workforce Work Group as set forth below.

1. Composition, Appointments, Process.

   The Secretary of Administration shall select and appoint the members of the Workforce Work Group, as called for in the Health Care Workforce Strategic Plan, dated January 15, 2013, and adopted by the Green Mountain Care Board. The Work Group shall include state government interagency representation as well as representation from health care employers, clinicians, membership organizations, secondary and higher education, and other relevant interest groups.

   Each member of the Work Group shall serve a three-year term and may be reappointed to subsequent terms by the Secretary.

   The Work Group shall have two co-chairs, one selected by the Secretary of Administration and one elected by the members of the Work Group from among its members. The Work Group shall designate the term of each chair.

   The Work Group shall meet at the call of the co-chairs.

   Administrative and staff support shall be provided by the Agency of Administration.

2. Charge.

   The Work Group shall be advisory to the Governor and the Secretary of Administration and shall:

   A. provide statewide direction and planning for health workforce initiatives and activities;

   B. monitor health workforce trends and needs;

   C. develop strategic health workforce objectives and activities that could be pursued by state government and stakeholders;

   D. advise the Secretary of Administration and relevant state agencies on the development of short and long term workforce supply, demand, and performance measures in order to provide the information needed for strategic workforce development and investment;

   E. research and recommend to the Governor and the Secretary public and private opportunities for funding health workforce initiatives;

   F. serve as the workforce advisory group for the State Innovation Model grant; and

   G. report at least annually to the Governor and the Secretary on progress in developing a health workforce and provide workforce recommendations to ensure health care reform success.

3. Effective Date.

   This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor.

   Dated August 1, 2013

Executive Order No. 18-23 (No. 05-21) [Decriminalized Buprenorphine Task Force.

WHEREAS, since taking office, the Governor has demonstrated commitment to providing access to opiate addiction treatment for individuals in need; and

WHEREAS, through hard work and partnership among state, local and community partners, the state can now quickly meet the demand for opiate addiction treatment services in all 14 counties; and

WHEREAS, Vermont is nationally recognized for its collaborative “hub and spoke” system of treatment for opiate addiction; and

WHEREAS, the Governor remains committed to building upon the progress of previous administrations in this area by re-focusing efforts in the areas of education and prevention, treatment, recovery and enforcement; and

WHEREAS, State and local law enforcement and the courts are working with the health system to get individuals treatment and prosecute the large dealers; and

WHEREAS, unfortunately, with the COVID-19 pandemic and the isolation and the increased financial and other stressors faced by Vermonters, Vermont saw a dramatic spike in fatal and non-fatal opioid overdoses; and

WHEREAS, in an effort to do all we can to address increased numbers of opioid overdose fatalities, the Legislature passed, and the Governor signed into law H. 225, An act relating to possession of a therapeutic dosage of buprenorphine, which decriminalizes the possession of 224 milligrams or less of buprenorphine on the theory that greater street availability will result in fewer opioid-related deaths and a greater likelihood those with substance misuse disorder will seek treatment; and

WHEREAS, although the data on whether decriminalizing buprenorphine is effective in reducing opiate overdoses is unproven, we know substance use disorder is a chronic illness and we continue to see the devastating impact of opioid addiction; and

WHEREAS, the Legislature has included an endpoint for H. 225, which will sunset on July 1, 2023, providing experts the opportunity to assess the effectiveness of this initiative.

NOW, THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by the authority vested in me as Governor of the State of Vermont, do hereby issue the following directive to the Chief Prevention Officer to coordinate with interested agencies and parties to gather data and assess the impact of legislation to decriminalize the possession of 224 milligrams or less of buprenorphine, as follows:

A. The Chief Prevention Office shall have the authority to convene a Buprenorphine Task Force made up of representatives from the Departments of the Agency of Human Services and the Department of Public Safety to establish metrics and gather baseline data as necessary to assess the impact of the decriminalization of buprenorphine on Vermonters and Vermont communities.

B. The Chief Prevention Officer shall call the first meeting of the Task Force prior to June 30, 2021.

C. The Chief Prevention Officer and the Task Force shall:

1. Develop metrics to assess impacts of expanded access to buprenorphine in the community and advise the Governor on the data to be collected and periodically reported to the Governor.
2. Collaborate with relevant Executive Branch agencies, departments, boards, and commissions, including the Chief Performance Officer and the Executive Director of Racial Equity as well as community treatment providers and local law enforcement to gather relevant data and records necessary to carry out the purposes of this Executive Order.
3. Manage and oversee the collection of data to determine the nature and scope of the impact of the buprenorphine decriminalization policy.
4. No later than January 1, 2023 make recommendations to the Governor regarding the continuation of, and any modifications needed to the policy and state programming, as applicable.

   This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor or June 30, 2023, whichever is earlier.

   Dated June 1, 2021

Executive Order No. 19-1 (No. 12-91) [Functions of Division of Planning, Agency of Transportation.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 19-2 (No. 04-94) [Designation of Agency of Transportation as Administrator of Highway Safety Program.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 19-3 (No. 07-01) [Conservation of land in and around interstate interchanges.

Expires by its own terms, effective October 1, 2010.

Executive Order No. 19-4 (No. 02-03) [Governor’s Highway Safety Program.

Superseded by Executive Order No. 19-5 (codified as Executive Order No. 02-15), dated March 20, 2015.

Executive Order No. 19-5 (No. 02-15) [Governor’s Highway Safety Program.

WHEREAS, the Governor is responsible for administering the State’s Highway Safety Program and may designate an appropriate agency and representative to implement the program;

WHEREAS, the Governor’s Highway Safety Program currently resides at the Department of Public Safety;

WHEREAS, since 2012, the Agency of Transportation (“VTrans”) has had a leadership role in the formation of Vermont’s Highway Safety Alliance, and currently implements highway safety improvements throughout the transportation network; and

WHEREAS, VTrans is now is required by Section 1203 of the Moving Ahead for Progress in the 21st Century Act, Pub. L. No. 112-141 (2012) (“MAP-21”) to meet federal highway safety performance measures and to implement a highway safety improvement program.

NOW, THEREFORE, BE IT RESOLVED that I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby designate the Agency of Transportation as the appropriate agency to implement the State’s Highway Safety Program, and do further designate the Secretary of Transportation as the Governor’s Representative for Highway Safety.

This Executive Order supersedes Executive Order 19-4 (codified as 02-03) dated March 20, 2003, on the same subject.

Dated March 20, 2015

Executive Order No. 19-6 (No. 04-19) [Remove Portion of US Route 5 from Limited Access Facility.

WHEREAS, a certain portion of the state-owned highway known as US Route 5 located in the Town of Putney, County of Windham and State of Vermont, described more particularly below, is presently under the jurisdiction and control of the Agency of Transportation (VTrans); and

WHEREAS, this certain portion of US Route 5 and land surrounding it as described below is located within the boundaries of a Limited Access Facility, as defined in 19 V.S.A Chapter 17; and

WHEREAS, in 19 V.S.A § 1702 a Limited Access Facility is defined as a highway or street over, from, or to which owners, or occupants of abutting land, or any other person have no right, or easement, or only a limited right, or easement, of access, light, air, or view by reason of the fact that their property abuts upon the limited access facility or for any other reason; and

WHEREAS, an abutting landowner, Putney Landing Apartments, wishes to construct a drive for access, ingress and egress for its property to and from US Route 5 within this certain portion of US Route 5 that is currently within the afore-mentioned Limited Access Facility; and

WHEREAS, VTrans has determined that this certain portion of US Route 5 as described below is no longer necessary for Limited Access Facility purposes; and

WHEREAS, VTrans desires to change the boundaries of the Limited Access Facility right-of-way to reduce the Limited Access to allow the abutting landowner, Putney Landing Apartments, to build and have access to a drive in the normal US Route 5 right-of-way; and

WHEREAS, the current Limited Access Facility right-of-way ends at stations 466+00 RT and 465+42 LT; and

WHEREAS, with the change of boundaries, the new Limited Access Facility right-of-way end stations will be 463+00 RT and LT.

NOW THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor of the State of Vermont, do hereby change, amend and modify the boundaries of the Limited Access Facility right-of-way to remove real property from the Limited Access Facility, described as follows:

Being part of the same land and premises conveyed to the State of Vermont, by Condemnation Order for Transportation Project Brattleboro-Rockingham I 91-1 (8) dated June 5, 1959 and recorded in Book 35, Pages 156-170 of the Town of Putney land records and being more particularly described as follows;

Being a parcel of land, as shown on the plat entitled “State of Vermont Department of Highways Interstate Project in the towns of Brattleboro-Dummerston-Putney, The Clarkson Engineering Co., Inc, Consulting Engineers, Project No. I-91-1 (8) Sheet 67 of 530.”

Parcel A: Beginning at a point in the easterly boundary of the present highway State Aid Road No. 2, 460 feet distant southerly, radially from the approximate survey station 968+69 of the established centerline of Highway Project Brattleboro-Rockingham I 91-1 (8); thence 1375 feet, more or less, northerly in said easterly highway boundary to a point in the believed property line between Roman Catholic Diocese of Burlington, Vermont and Esther T. and Homer E. Barton to a point 47 feet distant easterly, radially from approximate side line survey station 465+90 of said established centerline; thence 32 feet, more or less, easterly in said believed property line to a point 80 feet distant easterly, radially from approximate side line survey station 466+00 of said established centerline; thence 472 feet, more or less, southerly to a point 155 feet distant easterly at right angle from approximate side line survey station 461+00 of said established centerline; thence 100 feet, more or less, southerly to a point 260 feet distant northerly, radially from approximate survey station 966+79 of said established centerline; thence 540 feet, more or less, easterly to a point in the believed property line between Roman Catholic Diocese of Burlington, Vermont and Windham College, 365 feet distant northerly, radially from approximate survey station 971+68 of the established centerline; thence 160 feet, more or less, southerly in said believed property line to a point 214 feet distant northerly, radially from approximate survey station 971+48 of said established centerline; thence 214 feet, more or less, easterly in said believed property line to a point 257 feet distant northerly, radially from approximate survey station 973+44 of said established centerline; thence 738 feet, more or less, southeasterly to a point in the center of Sacketts Brook and in the believed between Roman Catholic Diocese of Burlington, Vermont and Congregational Church Society of Putney, 250 feet distant northerly, radially from approximate survey station 980+73 of said established centerline; thence 1,045 feet, more or less, southerly in said believed property line and in the center of Sacketts Brook, aforesaid, to a point 319 feet distant southwesterly, radially from approximate survey station 983+32 of said established centerline; thence 175 feet, more or less, northwesterly to a point 20 feet distant southwesterly, radially from survey station 982+00 of said established centerline; thence 972 feet, more or less, northeasterly to a point 150 feet distant southerly, radially from survey station 972+24 of said established centerline, thence 217 feet, more or less, easterly to a point 150 distant southerly, radially from survey station 970+0 of said established centerline; thence 200 feet, more or less, southeasterly to a point 216 feet distant southerly, radially from survey station 968+00 of said established centerline; thence 40 feet, more or less, southwesterly to a point 250 feet distant southerly, radially from survey station 967+85 of said established centerline; thence 137 feet, more or less, southeasterly to a point 375 feet distant southerly, radially from survey station 968+50 of said established centerline; thence 90 feet, more or less, southerly to the point of beginning. Said parcel to contain 8.5 acres, more or less.

Parcel B: Beginning at a point in the westerly boundary of the present highway, State Aid Road No. 2, 68 feet distant westerly, radially from side line survey station 462+30 of said established centerline; thence 68 feet, more or less, northwesterly to a point 100 feet distant westerly, radially from survey station 462+87 of said established centerline; thence 255 feet, more or less, northerly to a point in the believed property line between Roman Catholic Diocese of Burlington, Vermont and land of State of Vermont, 77feet distant westerly radially from approximate side line survey station 465+32 of said established centerline; thence 44 feet, more or less, northeasterly in said believed property line to a point in the westerly boundary of the present highway, State Aid Road No.2, aforesaid, 34 feet distant westerly, radially from approximate side line survey station 465+42 of said established centerline; thence 322 feet, more or less, southerly in said westerly highway boundary to the point of beginning. Said parcel to contain 0.28 acre, more or less.

Dated July 9, 2019

Executive Order No. 20-1 (No. 67-82) [Cadre of the Vermont State Guard.

WHEREAS, the Reserve Components of the military services, including the National Guard of the State of Vermont, are now considered to be the immediate back-up force of the Active Armed Forces; and

WHEREAS, on short notice, the National Guard of the State of Vermont could be deployed out of Vermont in order to back-up the Active Armed Forces; and

WHEREAS, once the Vermont National Guard has been mobilized and departs the state, the State of Vermont loses its effective back-up force for public safety and the security of the state; and

WHEREAS, in order to be duly prepared for an emergency situation,

NOW, THEREFORE, I, Richard A. Snelling, Governor of the State of Vermont, under and by virtue of the authority vested in me by the Constitution and the Laws of the State of Vermont, order as follows:

SEC. (1) The Cadre of the Vermont State Guard is organized.

SEC. (2) The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to organize and maintain the formation of the Vermont State Guard Cadre in an inactive status without pay, to serve for an indefinite period and until relieved by proper authority.

Dated April 26, 1982.

Executive Order No. 20-2 (No. 12-85) [Activation of Vermont National Guard for Assistance of Civilian Authorities in City of Barre.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-3 (No. 51-87) [Order Into Service of Vermont National Guardsmen for Assistance to Civilians and Authorities of State and Bennington County.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-4 (No. 58-88) [Veterans’ Advisory Council.

Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

Executive Order No. 20-5 (No. 77-89) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Washington County.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-6 (No. 82-90) [Designation of Vermont State Police as State Clearinghouse for Missing and Exploited Children.

WHEREAS, the Missing Children’s Assistance Act, passed by the United States Congress in 1984, established a National Center for Missing and Exploited Children; and

WHEREAS, the National Center is designed to help in establishing, maintaining and providing support information networks for state clearinghouses on missing and exploited children; and

WHEREAS, a state clearinghouse is necessary in order to maintain records, disseminate information on reported missing children and to assist local, state and federal agencies as well as family members on cases relating to missing and exploiting children; and

WHEREAS, each state clearinghouse serves as a state based extension of the national effort to provide training, education, and public information relating to missing and exploited children; and

WHEREAS, the Vermont General Assembly by enactment of Title 20, chapter 112, has mandated that the Commissioner of the Department of Public Safety cooperate with and support all law enforcement agencies in matters relating to missing persons, and when necessary in order to protect a missing person from harm, to coordinate all efforts to search for the missing person.

NOW, THEREFORE, I, Madeleine M. Kunin, by virtue of the powers vested in me as Governor of the State of Vermont, do hereby designate the Vermont State Police, Department of Public Safety, as the state clearinghouse for missing and exploited children. The Vermont State Police shall contract with the National Center for Missing and Exploited Children and coordinate with other state clearinghouse agencies in order to receive and provide training, education, and public information relating to missing and exploited children.

This Executive Order takes effect upon signing.

Dated January 12, 1990.

Executive Order No. 20-7 (No. 06-91) [Utilization of National Guard to Carry Out Vermont’s Drug Enforcement Support Plan.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-8 (No. 03-95) [Activation of National Guard to Assist Vermont State Police and the City of Burlington.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-9 (No. 04-95) [Declaration of State of Emergency for Caledonia, Chittenden, Essex, Lamoille, Orleans and Washington Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-10 (No. 05-95) [Activation of National Guard to Assist State and Local Officials in Stabilizing Conditions Resulting From Flooding.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-11 (No. 08-96) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for State of Vermont.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-12 (No. 11-96) [Declaration of State of Emergency for Windham and Windsor Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-13 (No. 12-96) [Activation of National Guard to Assist in Flood Recovery Operations in Windham County.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-14 (No. 01-97) [Declaration of State of Emergency for Franklin, Lamoille, and Orleans Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-15 (No. 02-97) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Franklin, Lamoille, and Orleans Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-16 (No. 01-98) [Declaration of State of Emergency for Grand Isle County.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-17 (No. 02-98) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Grand Isle County.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-18 (No. 03-98) [Declaration of State of Emergency for Chittenden, Franklin, and Addison Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-19 (No. 04-98) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Chittenden, Franklin, and Addison Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-20 (No. 06-98) [Declaration of State of Emergency for Addison, Orange, Washington, and Windsor Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-21 (No. 07-98) [Activation of National Guard to Assist in Flood Recovery Operations and Security in Addison, Orange, Washington, and Windsor Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-22 (No. 08-99) [Declaration of State of Emergency and Activation of Emergency Disaster Preparedness Plan for Town of Springfield.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-23 (No. 09-99) [Activation of National Guard to Assist in Recovery Operations and Security in Town of Springfield.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-24 (No. 10-99) [Vermont National Guard Trust Fund.

WHEREAS, upon deactivation of the members of the Vermont Army National Guard after World War I, the company funds of various units comprising the First Infantry Regiment, Vermont National Guard, were turned over to the federal government, more specifically the War Department (the forerunner of the Department of Defense);

WHEREAS, in 1927, the War Department returned the company funds to the Adjutant General for the Vermont Army National Guard, Brigadier General Herbert T. Johnson, to benefit the present and future elements of any reconstituted and/or reactivated regiment;

WHEREAS, in 1927, the Honorable John E. Weeks, Governor of the State of Vermont, by special order 54, dated 21 June 1927, created a special committee to review the receipt of these funds and to make recommendations;

WHEREAS, on 30 June 1927, upon the recommendation of the special committee, the Governor established the 172d Infantry Memorial Trust Fund;

WHEREAS, the 172d Infantry constituted the reorganized units of Vermont National Guard units that served in World War I;

WHEREAS, on 1 July 1960, the fund was redesignated by Executive Order (no number) of the Honorable Robert T. Stafford, Governor of the State of Vermont, as the “Vermont Army National Guard Memorial Trust Fund;”

WHEREAS, as of this date, the “Vermont Army National Guard Trust Fund” is still a functional fund but with the changes in the force structure over the last 40 years, there is a need to revise the fund.

NOW THEREFORE, BE IT RESOLVED, that I, Howard Dean, by virtue of the power vested in me as Governor, do hereby reconstitute the “Vermont Army National Guard Memorial Trust Fund” as the “Vermont National Guard Trust Fund” (hereinafter referred to as the “Trust”) and establish a Trust Fund Board with the duties and responsibilities as follows:

1. The Trust will be for the benefit of all members of the Vermont National Guard.
2. The Trust Fund Board will be chaired by the Adjutant General for the State of Vermont, and be comprised of the Deputy Adjutant General for the State of Vermont, the Vermont Army National Guard Assistant Adjutant General, and the Air National Guard Assistant Adjutant General.  A majority of the sitting members shall constitute a quorum and action taken by the board under the provisions of this Executive Order may be authorized by a majority of members present and voting at any regular or special meeting.  The members of the board will not receive any remuneration for their participation on the board except for the reimbursement of reasonable business expenses and/or operational costs.
3. The Trust Fund shall be administered by the board and effectuate the policies and purposes of this Executive Order. Deposits to the currently existing monies shall be made to the fund from moneys appropriated thereto by the general assembly from time to time and from any other source, private or public, as approved by the board.  Unexpended balances and any earnings shall not revert to the general fund but shall remain in the fund for use in accord with the purposes of this Executive Order.
4. The original purpose of the Fund was to benefit the members of the Vermont National Guard in time of federal activation during an emergency and, in keeping with that purpose, the fund will continue to be used for members of the Vermont National Guard in times of federal activation during emergencies, war, rebellion, humanitarian effort, operations other that war and in times of state active duty.  The board will establish rules and regulations governing the expenditure of funds under these conditions.
5. In further keeping with the original intent of the fund, the Board may disburse part of fund as a discretionary fund to be used for the purpose of the betterment of the members of the Vermont National Guard.  But under no circumstance will this allocation and disbursement reduce the total fund to an amount lower than $30,000, an amount to be used for the purposes stated in paragraph 4 above.
6. The Fund, principle and interest, will be invested and reinvested in commercially reasonable investment vehicles as approved by the Board.
7. If the Board deems necessary, the Board may contract with and/or hire investment consultants, brokers, counselors, or the like and the cost therefore, will be borne by the fund.

   This Executive Order shall take effect upon signing.

   Dated October 8, 1999.

Executive Order No. 20-25 (No. 05-00) [Declaration of State of Emergency and Activation of Emergency-Disaster Preparedness Plan for Addison, Bennington, Windham and Windsor Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-26 (No. 10-01) [Reconstitution of the Vermont Terrorism Task Force.

Superseded by Executive Order No. 01-03 (codified as Executive Order No. 20-29), dated February 20, 2003.

Executive Order No. 20-27 (No. 04-02) [Reestablishment of the Veterans Advisory Council.

Superseded by Executive Order No. 08-03 (codified as Executive Order No. 20-30), dated May 13, 2003.

Executive Order No. 20-28 (No. 05-02) [Declaration of State of Emergency for the County of Caledonia.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-29 (No. 01-03) [Governor’s Homeland Security Advisory Council.

Superseded and replaced by Executive Order No. 29-48 (codified as Executive Order No. 04-13), dated April 4, 2013.

Executive Order No. 20-30 (No. 08-03) [Governor’s Veterans Advisory Council.

Superseded and replaced by Executive Order No. 20-54 (codified as Executive Order No. 17-17), dated October 3, 2017.

Executive Order No. 20-31 (No. 03-05) [Designation Of The National Incident Management System (NIMS) As The Basis For All Incident Management In The State.

Superseded and replaced by Executive Order No. 07-12 (codified as Executive Order No. 20-45), dated April 12, 2012.

Executive Order No. 20-32 (No. 05-05) [Activation of National Guard to Assist in Hurricane Recovery Operations and Security in the State of Louisiana.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-33 (No. 02-06) [Vermont Communications Board.

Superseded and replaced by Executive Order No. 20-35 (codified as Executive Order No. 08-07), dated November 14, 2007.

Executive Order No. 20-34 (No. 04-07) [Declaration of State of Emergency and Activation of Emergency Operations Plan for State of Vermont.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-35 (No. 08-07) [Vermont Communications Board.

Superseded and replaced by Executive Order No. 04-08 (codified as Executive Order No. 20-36), dated October 28, 2008.

Executive Order No. 20-36 (No. 04-08) [Vermont Communications Board.

Superseded and replaced by Executive Order No. 20-44 (codified as Executive Order No. 02-12), dated January 17, 2012.

Executive Order No. 20-37 (No. 05-08) [Declaration of State of Emergency and Activation of Emergency Operations Plan for Bennington, Orange, Windham, and Windsor Counties.

Revoked and rescinded by Executive Order No. 3-65 (codified as Executive Order 01-15), dated February 13, 2015.

Executive Order No. 20-38 (No. 03-11) [Declaration of Emergency.

Pursuant to the authority vested in me as Governor of Vermont under 20 V.S.A. Section 9, and as a result of excessive wind and rainfall combined with water runoff and resulting damages which occurred beginning April 23, 2011 and considered ongoing at this time, I hereby declare a State of Emergency for the State of Vermont.

I further order and direct the activation of the Vermont State Emergency Operations Plan and authorize the use of state resources to alleviate hardship and suffering of citizens and communities impacted by the emergency event.

This Executive Order shall take effect upon signing.

Dated May 5, 2011.

ADDENDUM TO EXECUTIVE ORDER No. 03-11 :x60

Pursuant to 20 V.S.A. § 13 , I, Peter Shumlin, hereby proclaim that the state of emergency declared in Executive Order #03-11, dated May 5, 2011, has terminated effective June 6, 2011 at 11:59 PM.

Dated June 8, 2011.

Executive Order No. 20-39 (No. 04-11) [Champlain Flooding Guard Call-Out.

WHEREAS, on May 5, 2011, there exists an emergency within the State, to wit, flooding along the shores of Lake Champlain affecting Grand Isle, Franklin, Chittenden, and Addison Counties.

NOW, THEREFORE, I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution and laws of the State of Vermont, including Chapter II, Section 20, of the Constitution of the State of Vermont, and Title 20 V.S.A. §§ 601 and 603, hereby order as follows:

SEC. (1) The National Guard of the State of Vermont is called out.

SEC. (2) The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to alleviate hardship and suffering of citizens and communities in Vermont that are impacted by flooding.

SEC. (3) In furtherance of the authorization and direction contained in SEC. (2) hereof, the Adjutant General is authorized to use such of the National Guard of the State of Vermont as he may deem necessary.

SEC. (4) I HEREBY AUTHORIZE AND DIRECT THE Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority.

Dated May 5, 2011.

ADDENDUM TO EXECUTIVE ORDER No. 04-11 :x60

WHEREAS, pursuant to Executive Order 04-11, the National Guard of the State of Vermont has provided services in support of the emergency management operations of the State of Vermont in connection with the State of Emergency declared in Executive Order No. 03-11; and

WHEREAS, by addendum to Executive Order No. 03-11, June 8, 2011, that state of emergency terminated effective June 6, 2011 at 11:59 p.m.;

NOW THEREFORE I, Peter Shumlin, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 04-11, effective June 6, 2011, at 11:59 p.m.

Dated June 14, 2011.

Executive Order No. 20-40 (No. 06-11) [Barre Flooding Guard Call-Out.

WHEREAS, on May 27, 2011, there exists an emergency within the State, to wit: wide spread flooding throughout the State of Vermont, to include but not limited to the following counties: Washington, Orange, Essex, Lamoille, Caledonia, Rutland, Orleans and Chittenden.

NOW, THEREFORE, I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution of Laws of the State of Vermont, including Chapter II, Section 20, of the Constitution of the State of Vermont, and Title 20 V.S.A. §§ 601 and 603, do hereby order as follows:

SEC. (1) The National Guard of the State of Vermont is called out.

SEC. (2) The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to alleviate hardship and suffering of citizens and communities in Vermont that are impacted by flooding.

SEC. (3) In furtherance of the authorization and direction contained in SEC. (2) hereof, the Adjutant General is authorized to use such of the National Guard of the State of Vermont as he may deem necessary.

SEC. (4) I hereby authorize and direct the Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority.

Dated May 27, 2011.

ADDENDUM TO EXECUTIVE ORDER No. 06-11 :x60

WHEREAS, pursuant to Executive Order 06-11, the National Guard of the State of Vermont has provided services in support of the emergency management operations of the State of Vermont in connection with the State of Emergency declared in Executive Order No. 03-11; and

WHEREAS, by addendum to Executive Order No. 03-11, June 8, 2011, that state of emergency terminated effective June 6, 2011 at 11:59 p.m.;

NOW THEREFORE I, Peter Shumlin, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 06-11, effective June 6, 2011, at 11:59 p.m.

Dated June 14, 2011.

Executive Order No. 20-41 (No. 11-11) [State of Emergency, Call-Out of Guard.

As of August 27, 2011, a state of emergency exists within the State. In particular, Vermont faces the imminent likelihood of extremely high winds, excessive rain and flooding from Hurricane Irene and related storms, with the likelihood of widespread damage. The State of Vermont, through its various agencies, is taking steps to prepare for the anticipated storm.

Accordingly, I, Peter Shumlin, pursuant to the authority vested in me by the Vermont Constitution, Chapter II, Section 20 and 20 V.S.A. sections 9, 601 and 603, do hereby order as follows:

1. I declare a state of emergency for the State of Vermont;
2. I hereby call out the National Guard of the State of Vermont;
3. I authorize and direct the Adjutant General of the State of Vermont to take all appropriate steps to alleviate hardship and suffering of citizens and communities throughout Vermont that are impacted by the hurricane and associated storms;
4. I hereby authorize and direct the Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority.

   Dated August 27, 2011.

   ADDENDUM TO EXECUTIVE ORDER No. 11-11 :x60

   [Terminating Guard Call-Out]

   WHEREAS, pursuant to Executive Order No. 11-11, the National Guard of the State of Vermont has provided services in support of the emergency management operations of the State of Vermont in connection with the State of Emergency declared in Executive Order No. 11-11 incident to Tropical Storm Irene; and

   WHEREAS, the National Guard of the State of Vermont, having served ably and with distinction in Vermont’s time of extraordinary need, has completed its mission;

   NOW THEREFORE I, Peter Shumlin, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 11-11 relative thereto effective this 23rd day of November, 2011.

   Dated November 23, 2011.

Executive Order No. 20-42 (No. 17-11) [Vermont Military Humanitarian Service Medal.

I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution and Laws of the State of Vermont, do order as follows:

SEC. (1) There is hereby established a Vermont Military Humanitarian Service Medal with accompanying ribbons and appurtenances for award by the Adjutant General. Individuals eligible for the medal are members of the Vermont National Guard and the Vermont State Guard when in active service, who, subsequent to August 27, 2011, distinguished themselves by meritorious participation in a military act or operation of a humanitarian nature. The Adjutant General will determine types of acts or operations that warrant award of the medal.

SEC. (2) The Vermont Military Humanitarian Service Medal and ribbons and appurtenances thereto shall be of appropriate design approved by the Adjutant General and shall be awarded by the Adjutant General under uniform regulations, as prescribed by the Adjutant General.

SEC. (3) No more than one Vermont Military Humanitarian Service Medal shall be awarded to any one person, but for each subsequent participation in a humanitarian act or operation justifying such an award, a suitable device may be awarded to be worn with that medal as prescribed by appropriate regulations of the Vermont National Guard.

SEC. (4) The Vermont Military Humanitarian Service Medal or device may be awarded posthumously, and when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Adjutant General.

Dated November 23, 2011.

Executive Order No. 20-43 (No. 18-11) [Vermont National Guard Civilian Humanitarian Service Medal.

I, Peter Shumlin, Governor of the State of Vermont, under and by virtue of the Authority vested in me by the Constitution and Laws of the State of Vermont, do order as follows:

SEC. (1) There is hereby established a Vermont National Guard Civilian Humanitarian Service Medal with accompanying ribbons and appurtenances for award by the Adjutant General. Those eligible for the medal are individuals, government employees, organizations, corporations, associations and other groups that have made a substantial contribution to the Vermont National Guard, and subsequent to August 27, 2011, have distinguished themselves by meritorious participation and support to a military act or operation of a humanitarian nature. The Adjutant General will determine types of acts or operations that warrant award of the medal.

SEC. (2) The Vermont National Guard Civilian Humanitarian Service Medal and ribbons and appurtenances thereto shall be of appropriate design approved by the Adjutant General and shall be awarded by the Adjutant General under uniform regulations, as prescribed by the Adjutant General.

SEC. (3) No more than one Vermont National Guard Civilian Humanitarian Service Medal shall be awarded to any one individual, but for each subsequent participation in a humanitarian act or operation justifying such an award, a suitable device may be awarded to be worn with that medal as prescribed by appropriate regulations of the Vermont National Guard.

SEC. (4) The Vermont National Guard Civilian Humanitarian Service Medal or device may be awarded posthumously, and when so awarded, may be presented to such representative of the deceased as may be deemed appropriate by the Adjutant General.

Dated November 23, 2011.

Executive Order No. 20-44 (No. 02-12) [Vermont Communications Board.

Superseded and replaced by Executive Order No. 20-57 (codified as Executive Order No. 05-19), dated July 9, 2019.

Executive Order No. 20-45 (No. 07-12) [Designation of The National Incident Management System (NIMS) as the Basis for all Incident Management in the State.

WHEREAS, Homeland Security Directive (HSPD)-5 directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS) to provide a consistent nationwide approach for Federal, State, local, and tribal governments to work together to prevent, prepare for, respond to and recover from domestic incidents, regardless of cause, size or complexity; and

WHEREAS, Presidential Policy Directive (PPD)-8 describes the approach to national preparedness, including the National Preparedness System, as the instrument the nation will employ to build, sustain, and deliver core capabilities; and

WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities and resources improve the State’s ability to utilize federal funding to enhance local and state agency readiness, maintain first responder safety, and streamline incident management processes; and

WHEREAS, the Incident Command System components of NIMS are integral to various incident management activities, including emergency management training programs.

NOW THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby re-establish the National Incident Management System (NIMS) as the State standard for incident management.

This Order supersedes and replaces Executive Order # 03-05 (codified as No. 20-31).

Dated April 12, 2012.

Executive Order No. 20-46 (No. 11-12) [Declaration of State of Emergency — Storm Sandy.

As of October 28, 2012, a state of emergency exists within the State due to Storm Sandy. The State of Vermont, through its various agencies, is taking steps to prepare for the anticipated storm.

NOW, THEREFORE, I, Peter Shumlin, pursuant to the authority vested in me as Governor of the State of Vermont by the Vermont Constitution, Chapter II, § 20 and 20 V.S.A. §§ 8 , 9 do hereby declare a state of emergency for the State of Vermont. I further order and direct activation of the Vermont State Emergency Operations Plan and authorize the use of state resources to protect the public and to alleviate hardship and suffering of citizens and communities impacted by the emergency event.

ADDENDUM TO EXECUTIVE ORDER No. 11-12 :x60

Pursuant to 20 V.S.A. § 13 , I, Peter Shumlin, pursuant to the authority vested in me as Governor of the State of Vermont, hereby proclaim that the state of emergency declared in Executive Order No. 11-12, dated October 29, 2012, has terminated effective November 9, 2012 at 12:00 PM.

Dated November 9, 2012.

Executive Order No. 20-47 (No. 13-12) [Vermont National Guard Trust Fund Board.

WHEREAS, upon deactivation of members of the Vermont Army National Guard after World War I, the company funds of units comprising the First Infantry Regiment, Vermont National Guard, were turned over to the federal War Department (now the Department of Defense); and

WHEREAS, in 1927, the War Department returned the company funds to the Adjutant General for the Vermont Army National Guard, Brigadier General Herbert T. Johnson, to benefit the present and future elements of any reconstituted and/or reactivated regiment; and

WHEREAS, in 1927, Governor John E. Weeks, by special order 54, dated June 21, 1927, created a special committee to review the receipt of these funds and to make recommendations; and

WHEREAS, on June 30, 1927, upon the recommendation of the special committee, the Governor established the 172d Infantry Memorial Trust Fund — the 172d Infantry being the reorganized units of Vermont National Guard units that served in World War I; and

WHEREAS, on July 1, 1960, the fund was re-designated by Executive Order (no number) of Governor Robert T. Stafford as the “Vermont Army National Guard Memorial Trust Fund”; and

WHEREAS, on October 8, 1999, Governor Howard Dean reconstituted the fund as the “Vermont National Guard Trust Fund” and established the Trust Fund Board;

NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor, do hereby amend the duties and responsibilities of the Trust Fund Board as follows:

1. Composition, Appointments, and Process

   The Trust Fund Board shall be chaired by the Adjutant General for the State of Vermont, or his/her designee. The Adjutant General shall appoint members to the Board and shall appoint not less than three members. A majority of the sitting members shall constitute a quorum and action taken by the Board under this Executive Order may be authorized by a majority of members present and voting at any regular or special meeting. The members of the board will not receive any remuneration by the State of Vermont for their participation on the Board.

2. Charge

   The Board shall administer the Trust Fund and effectuate the policies and purposes of this Executive Order. Deposits to the currently existing monies shall be made to the Fund from moneys appropriated thereto by the General Assembly from time to time and from any other source, private or public, as approved by the Board. Unexpended balances and any earnings shall not revert to the general fund but shall remain in the fund for use in accord with the purposes of this Executive Order.

   The Trust will be for the benefit of all members of the Vermont National Guard.

   The original purpose of the Fund was to benefit members of the Vermont National Guard in times of federal activation during an emergency and, in keeping with that purpose, the Fund will continue to be used for members of the Vermont National Guard in times of federal activation during emergencies, war, rebellion, humanitarian effort, operations other that war and in times of state active duty. The Board will establish rules and regulations governing the expenditure of funds under these conditions.

   In further keeping with the original intent of the Fund, the Board may disburse part of the Fund as a discretionary fund for the purpose of betterment of the members of the Vermont National Guard. Under no circumstance will this allocation and disbursement reduce the total Fund to an amount lower than $30,000, to be used for the purposes stated in the preceding paragraph.

   The Fund, principle and interest, will be invested and reinvested in commercially reasonable investment vehicles as approved by the Board.

   If the Board deems necessary, the Board may contract with and/or hire investment consultants, brokers, counselors, or the like and the cost therefore, will be borne by the Fund.

3. Effective Date

   This Executive Order shall take effect upon signing and shall continue in full force and effect until further order by the Governor.

   Dated November 8, 2012.

Executive Order No. 20-48 (No. 04-13) [Governor’s Emergency Preparedness Advisory Council.

Superseded and replaced by Executive Order No. 20-58.

Executive Order No. 20-49 (No. 05-13) [Public Safety Broadband Network Commission.

Superseded and replaced by Executive Order No. 20-57 (codified as Executive Order No. 05-19), dated July 9, 2019.

Executive Order No. 20-50 (No. 05-15) [State of Emergency in Washington County, Call-Out of Guard.

As of July 19, 2015, a state of emergency exists within Washington County due to excessive rainfall. In particular, the town of Barre, located in Washington County, is experiencing severe flooding due to unusually heavy rain and thunderstorms, with the likelihood of significant damage.

Accordingly, I, Peter Shumlin, pursuant to the authority vested in me by the Vermont Constitution, Chapter II, § 20 and 20 V.S.A. §§ 9 , 601, and 603, do hereby order as follows:

1. I declare a state of emergency for Washington County;
2. I hereby call out the National Guard of the State of Vermont;
3. I authorize and direct the Adjutant General of the State of Vermont to take all appropriate steps to alleviate hardship and suffering of citizens and communities throughout Washington County that are impacted by the recent storms and flooding;
4. I hereby authorize and direct the Adjutant General to call into Active State Service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont to serve for an indefinite period and until relieved by proper authority; and
5. I further order and direct activation of the Vermont State Emergency Operations Plan and authorize the use of state resources to protect the public and to alleviate hardship and suffering of citizens and communities impacted by the emergency event.

   Dated July 20, 2015

Executive Order No. 20-51 (No. 10-17) [Activation of Vermont National Guard for Special Duty.

Pursuant to the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of Laws of the State of Vermont, Chapter II, Section 20, and 20 V.S.A. § 601 , 603 and 366, and having determined that the necessity of public service requires it, hereby order and direct the Adjutant General of Vermont to order into service, as he may deem appropriate to carry out the purpose of this Order, any and all units of the National Guard of the State of Vermont for the performance of special duty for the purpose of responding to and providing support for a recovery mission at Mt. Pisgah in Westmore, Vermont.

The Adjutant General of the State of Vermont is authorized and directed to take all appropriate steps to assist in the performance of this special duty.

Payment for personnel performing the State service shall be in accordance with the provisions of 20 V.S.A. § 603 .

This Order shall take effect upon signing.

Dated May 17, 2017.

ADDENDUM TO EXECUTIVE ORDER No. 10-17

WHEREAS, pursuant to Executive Order 10-17, the Vermont National Guard has provided special duty services for the purpose of responding to and providing support for a recovery mission at Mt. Pisgah in Westmore, Vermont.

WHEREAS, the recovery mission has been successfully completed effective May 19, 2017.

NOW THEREFORE, I, Philip B. Scott, hereby terminate the call-out of the Vermont National Guard and the provisions of Executive Order No. 10-17, effective May 20, 2017 at 00:01.

Dated May 31, 2017.

Executive Order No. 20-52 (No. 14-17) [Activation of Vermont National Guard in the Aftermath of Tropical System Harvey in the State of Texas.

Pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard by the Constitution of Laws of the State of Vermont, Chapter II, Section 20, and pursuant to a request from the Governor of Texas pursuant to the Emergency Management Assistance Compact, 20 V.S.A. Ch. 4, for the provision of aid and assistance in the aftermath of the Tropical System Harvey declared disaster, I hereby order into service four (4) personnel of the National Guard for the purpose of providing crucial public affairs support to the Defense Support to Civilians mission and conduct media operations. These assets will bolster public affairs capabilities as the mission continues to transition into logistics distribution and long-term life support of affected areas in the Joint Operations Area in the State of Texas.

This Order shall take effect upon signing.

Dated September 5, 2017.

Executive Order No. 20-53 (No. 16-17) [Activation of Vermont National Guard to Assist with Hurricane Irma.

As of September 11, 2017, the President of the United States had signed a Major Disaster Declaration for the State of Florida and Emergency Declarations for the States of Alabama, Georgia and South Carolina, the United States Territories of Puerto Rico and the Virgin Islands and the Seminole Tribe of Florida and the Governor of the State of North Carolina declared a State of Emergency, all as a result of extremely high winds, excessive rain and flooding from Hurricane Irma and related storms, and the devastating impacts and widespread damage which was anticipated and which in fact occurred. The States, Territories and Tribes affected by Hurricane Irma are responding to property damage and the human toll taken by the storm.

Accordingly, pursuant to the authority vested in me as Governor of the State of Vermont and Commander-in-Chief, Vermont National Guard, by the Constitution of the State of Vermont, Chapter II, Section 20, and by Title 20, Chapter 4 of Vermont Statutes Annotated, and pursuant to requests from the Governors of affected States and Territories in accordance with the Emergency Management Assistance Compact, I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the requesting States and Territories in their efforts to respond to the conditions created or caused by Hurricane Irma and associated storms in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the requesting States and Territories, any and all units of the National Guard of the State of Vermont as he may deem appropriate to carry out the purposes of this Order, to serve for an indefinite period and until relieved by proper authority.

This Order shall take effect upon signing and shall amend and restate Executive Order 16-17 originally issued September 8, 2017, and ratify all deployments made since the original issuance of this Executive Order.

Dated September 13, 2017.

Executive Order No. 20-54 (No. 17-17) [Governor’s Veterans Advisory Council.

WHEREAS, since the founding of our nation, the members of our armed forces have stood courageously against the enemies of freedom and liberty; and

WHEREAS, Vermont is currently home to more than 49,000 men and women who have served their State and country in the armed services, many at great personal sacrifice; and

WHEREAS, the conflicts overseas spanning nearly two decades bring a new generation of Veterans to Vermont; and

WHEREAS, all Vermonters are grateful for the sacrifices of our Veterans who have served our country with distinction; and

WHEREAS, as a society, we place a special responsibility on ourselves to care for our Veterans, or in the words of Calvin Coolidge, “The Nation which forgets its defenders will itself be forgotten”; and

WHEREAS, the military experience of many Vermont Veterans has created special, long-term needs requiring recognition and assistance; and

WHEREAS, the aging population of our Veterans continues to create significant new demands on public services; and

WHEREAS, for their well-being, the voices of the Veteran community must be heard clearly by the State’s political leaders at the highest level in a forum conducive to a free exchange of ideas.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby reconstitute the Governor’s Veterans Advisory Council to advise on public policy relating to Vermont’s Veterans as follows:

The Council shall advise the Governor on the full spectrum of Veterans’ needs and how State government can best address the interests of Veterans.

The Council shall be comprised of not more than fifteen (15) members and not more than four (4) alternate members appointed by the Governor. The Council will reflect the diversity of service and experience of Vermont Veterans. Council members shall serve on the Council for a term of two years. The Governor shall appoint the Chair and Vice-Chair of the Council. The Adjutant General of the Vermont National Guard or designee, the CEO of the Vermont Veterans’ Home or designee, and the Director of the White River Junction Veteran’s Affairs (VA) Medical Center or designee shall serve as ex-officio members of the Council.

The appointees to the Council will be broadly representative of the Veteran community and may include members of Veterans Service Organizations (VSOs), Vermont National Guard, Vermont Veterans’ Home, the VA Medical Center and Veterans Benefits Office, Vermont General Assembly, the healthcare community, and individuals not having served in the military with an interest in Veterans’ affairs. The Office of Veterans Affairs will staff the Council.

I hereby authorize per diem compensation and reasonable and necessary expense reimbursement for travel and food for members who are not fulltime State employees pursuant to 32 V.S.A. § 1010(e) .

This Executive Order supersedes and replaces Executive Order No. 08-03 dated May 13, 2003 (codified as Executive Order 20-30). This Executive Order shall take effect upon signing.

Dated October 3, 2017.

Executive Order No. 20-55 (No. 03-18) [Governor’s Community Violence Prevention Task Force.

WHEREAS, we need a forum for honest, respectful and fact-based discussions about how all Vermonters can play a role to reduce the risk of violence in our communities, including identifying root causes and developing avenues for open conversations about behavior, mental health, firearm safety, the breakdown of civil discourse and personal responsibility; and

WHEREAS, there is no single solution and Vermonters themselves must be part of any effort to ensure supportive communities, healthy families and positive school climate that are based on inclusion and promoting resiliency and acknowledging these contribute to positive social and emotional development in children; and

WHEREAS, Vermont is not immune to the risk of extreme violence in our schools and communities as evidenced by the recent events in Fair Haven, Vermont which resulted in criminal charges being brought against an 18-year-old former student in connection with what court records show to be a detailed plan to conduct a mass shooting at his former high school in Fair Haven, Vermont; and

WHEREAS, Vermont is currently one of the healthiest and safest states in America with many of the best - and safest - schools in the country; and

WHEREAS, we are also reminded, while we can plan for the eventuality of these horrific events, this is an opportunity to focus our efforts on understanding and addressing the root causes of violent behavior.

NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby create the Governor’s Community Violence Prevention Task Force as follows:

1. Composition and Appointments.

   The Governor’s Community Violence Prevention Task Force shall consist of not more than 14 members to be appointed by the Governor from inside and outside of State government. The State members shall include the Governor’s Commissioner of Public Safety, the Secretary of the Agency of Health and Human Services, the Commissioner of the Department of Mental Health, the Agency of Education School Security Liaison Officer and the Secretary of the Agency of Digital Services or designees.

   The remaining appointees to the Task Force will be broadly representative of stakeholders and may include, but not be limited to, mental health care professionals, teachers, students, school officials, sportsmen and/r licensed gun dealers, veterans, security consultants, health care providers, first responders, states attorneys and cybersecurity professionals.

   The Task Force will be co-chaired by no more than three members designated by the Governor.

   The Task Force may, in its discretion, establish interagency working groups to support its mission, drawing membership from any agency or department of the executive branch of State government, including, but not limited to the Department of Health, Department of Children and Families and the Agency of Education.

   The Task Force may also, in its discretion, consult with private sector professionals outside of the Task Force for information and advice on best practices.

2. Community Violence Prevention Task Force Charge and Process.

   The mission of the Task Force will be to identify the primary root causes of behavior that leads to violence against others in schools and communities and lead the State’s response to address these issues by ensuring full interagency and intra-agency coordination among state and local governments and schools. The Task Force will identify strategies and lessons learned, relying on credible research and successful community-based violence prevention programs.

   The Community Violence Prevention Task Force will be advisory to the Governor. The Task Force shall meet at the call of the Chair(s), but not less frequently than monthly. The Task Force shall:

   1. Assess high-quality primary research, including evidence-based Vermont data to the extent it is available regarding the underlying causes of violent behavior in communities.  At the request of the House of Representatives by way of Resolution, this review will also consider the connection between excessive video game playing and the propensity to engage in gun violence;
   2. Identify best practices for schools and communities to prevent violent behavior including, but not limited to, identifying warning signs and how to report them, recommending ways to improve prevention and reporting of bullying and harassment and closing the operational gaps among the Department of Children and Families, the Department of Mental Health, the Agency of Education, law enforcement and our schools;
   3. Identify opportunities to strengthen existing support systems to ensure every school and community has a local rapid reaction/early intervention team involving educators, mental health/social service professionals and law enforcement when concerning behavioral issues are identified;
   4. Review opportunities for expanding school safety prevention and preparedness capacity in the Agency of Education and the Department of Public Safety and supporting the work of the Vermont School Safety Center;
   5. Evaluate the adequacy of protections for individuals (students and adults) reporting threats, including consideration of shield laws;
   6. Explore the feasibility of stronger open source intelligence gathering by the Vermont Intelligence Center and the cybersecurity center with Norwich University once established; and
   7. Review existing State health, mental health, education and criminal laws, regulations, policies, and programs and propose appropriate legislative changes, including changes to eliminate redundancy and break down barriers faced by communities and schools in coordinating action with State government.

      The Task Force will report to the Governor and make recommendations December 1, 2018, June 1, 2019 and December 1, 2019.

      In consultation with the Vermont School Safety Center, the Task Force will do all things necessary to carry out the purpose of this Executive Order.

      Meetings of the Task Force will be public. The Task Force will hold at least one (1) meeting in each region of the State. The Task Force shall invite public comment and participation to the greatest extent practicable.

      The Community Violence Prevention Task Force shall receive administrative and staff support from the Office of the Governor, and public health data support from the Vermont Departments of Health and Mental Health.

3. Effective Date.

   This Executive Order shall take effect upon execution and shall expire December 31, 2019.

   Dated April 19, 2018.

Executive Order No. 20-56 (No. 01-19) [State Emergency Management Plan Promulgation.

WHEREAS, the 2019 Vermont State Emergency Management Plan (SEMP) provides the framework for the State’s emergency management enterprise across the five mission areas identified in the National Preparedness Goal: Prevention, Protection, Response, Mitigation, and Recovery; and

WHEREAS, the SEMP provides the mechanism for the notification, coordination, and deployment of state and federal resources, if necessary, to assist local jurisdictions in responding to, mitigating against, and recovering from disasters, regardless of cause; and

WHEREAS, the SEMP is formulated to utilize all available federal, state, private sector, and volunteer and non-governmental agency resources in responding to or supporting the response to a disaster; and

WHEREAS, the 2019 SEMP replaces the 2013 State Emergency Operations Plan and builds on lessons learned and best practices during disaster responses, exercises, and workshops; and

WHEREAS, the Plan further includes a focus on ensuring that components are streamlined and more operational and integrates the revised National Incident Management System (NIMS) doctrine released in October 2017; and

WHEREAS, State Agencies and Departments, private sector entities, and volunteer and non-governmental organizations described in the plan partner and participate in prevention, protection, response, mitigation, and/or recovery activities and as part of the plan have an obligation to provide services and support that save lives and protect property and the environment during a disaster.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor pursuant to 20 V.S.A. § 8 , do hereby promulgate the 2019 Vermont State Emergency Management Plan.

I further order and direct all State Agency Secretaries and Department Commissioners with defined roles and responsibilities in the State Emergency Management Plan to develop and maintain procedures to ensure emergency preparedness and the capacity to provide response, mitigation and recovery support to the people of Vermont.

Assignments within the Plan are based on functional capabilities and statutory responsibilities of each partner. To make the Plan viable, participants must be prepared to execute their assignments when called upon during an emergency and sustain that effort during the subsequent recovery.

Each identified State Agency and Department shall fulfill or execute its respective responsibilities outlined in this Plan.

Each identified State Agency and Department shall provide a minimum of three trained and qualified representatives to act in coordination with the Vermont Emergency Management Division (VEM) and the State Emergency Operations Center (SEOC) in the delivery of their respective services throughout all of the mission areas.

This Plan shall be in effect as of January 1, 2019 and remain in effect through December 31, 2023. Subject to the approval of the Governor, the Plan may be amended by the Director of the Vermont Emergency Management Division.

Dated: January 4, 2019

Executive Order No. 20-57 (No. 05-19) [Emergency Communications Advisory Council.

WHEREAS, in 2012, Congress enacted The Middle Class Tax Relief and Job Creation Act that created FirstNet, the authority within the National Telecommunications and Information Administration (NTIA) to oversee the building, deployment and operation of the Nationwide Public Safety Broadband Network (NPSBN); and

WHEREAS, by Executive Order 05-13 (codified as Executive Order 20-49), effective April 30, 2013, Governor Peter Shumlin created the Vermont Public Safety Broadband Network Commission (“Commission”), to help plan, develop, and implement an interoperable wireless network to support the communication needs of Vermont’s first responders and others; and

WHEREAS, after four years of study and consideration, in consultation with a professional technical consultant, the first responder community and the Treasurer’s Office, and after a competitive process conducted to assess the alternatives and an independent review conducted on behalf of the Agency of Digital Services, at its November 20, 2017 meeting the Commission voted to recommend the Governor opt-in to the FirstNet solution for the State of Vermont, thus fulfilling the Commission’s charge to advise the Governor on issues related to the development of a public safety broadband network in Vermont; and

WHEREAS, on November 29, 2017, Governor Philip B. Scott officially “opted-in” to the federal FirstNet plan, allowing FirstNet and AT to begin deployment of the NPSBN in Vermont; and

WHEREAS, the initial deployment of the NPSBN will take place over a five-year period from 2018-2022 and will require feedback and evaluation from Vermont’s public safety community; and

WHEREAS, the deployment of broadband technology interfaces with other types of emergency communication, such as Next Generation 911, Land Mobile Radio, microwave and fiber-based systems; and

WHEREAS, it is in the best interest of the Vermont public safety community to plan for the use of this evolving technology.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor, do hereby amend and reconstitute the Commission as follows:

1. Composition and Appointments.

   The Vermont Public Safety Broadband Network Commission is hereby renamed the “Emergency Communications Advisory Council.”

   The Council shall include the Commissioner of the Department of Public Safety, or designee, the Director of Vermont Emergency Management and the Statewide Interoperability Coordinator from the Department of Public Safety and the Colonel of the Vermont State Police, or designee; the Executive Director of the Enhanced 9-1-1 Board, or designee; the Commissioner of the Department of Public Service, or designee; the Secretary of the Agency of Transportation, or designee; and the Secretary of Digital Services, or designee.

   The Governor shall appoint members from the Vermont State Firefighters Association; Professional Firefighters of Vermont; Vermont Fire Coalition; municipal law enforcement; Sheriffs; Emergency Medical Service personnel; and one at-large member.

   These Council members Council members shall be appointed by the Governor to three-year terms, except that the Governor shall stagger initial appointments so that the terms of no more than four members expire during a calendar year. In appointing Council members, the Governor shall give due consideration to the different geographical regions of the State, and the need for balance between rural and urban areas. Council members shall serve at the pleasure of the Governor.

   All Council members shall be voting members.

2. Charge.

   The purpose of the Council shall be the following:

   • Advise the Governor on issues related to the NPSBN and on emergency communications, generally, in Vermont;

   • Advise on the needs of Vermont’s public safety community as it relates to FirstNet and the need for an interoperable, robust, reliable and affordable cellular broadband network, including advice on the placement of fixed network assets and deployables;

   • Advise on protocols and policies related to the NPSBN and, as needed, on emergency communications generally; and

   • Advise on planning activities needed to prepare Vermont’s public safety community for emergency communications technology transitions.

   The Council shall report to the Governor bi-annually on the NPSBN in Vermont and nationally, and shall include information regarding the use of grant money received in Vermont for coordination efforts during the initial deployment phases of the NPSBN.

3. Council Process.

   The Commissioner of the department of Public Safety shall appoint the Chair of the Council, which may be the Commissioner. The Council shall meet at the call of the Chair and shall keep the Governor apprised on the State’s overall interactions with FirstNet and the deployment of the NPSBN in Vermont and emergency communications generally. The Council may select a Vice Chair. If necessary, the Council may designate an Executive Committee and other subcommittees. A majority of members shall constitute a quorum.

   The Council shall receive administrative support from the Department of Public Safety and meet on an as-needed basis.

   Members who are not otherwise employed by the State, a County or a municipality may receive per diem compensation in accordance with 32 V.S.A. § 1010(e) .

4. Effective Date.

   This Executive Order shall take effect upon signing and shall supersede and replace Executive Order 05-13 (codified as Executive Order 20-49), dated April 30, 2019 and Executive Order No. 02-12 (codified as E.O. 20-44), dated January 17, 2012.

   Dated July 9, 2019

Executive Order No. 20-58 (No. 06-19) [Governor’s Emergency Preparedness Advisory Council.

WHEREAS, Vermont must be prepared to prevent, respond to, recover from, mitigate and protect Vermonters from all natural and man-made hazards; and

WHEREAS, Vermont must be prepared to prevent, and protect Vermonters from terrorism, homegrown violent extremists and evolving threats both domestic and foreign; and

WHEREAS, the Governor is responsible for coordinating, to the fullest extent possible, the emergency management plans and program of the State; and

WHEREAS, it is imperative that there be the greatest possible coordination and communication among federal, state and local governments, the Vermont National Guard, first responders, law enforcement, emergency managers, public health officials, regional planning commissions and private community organizations, including faith-based organizations in order to provide the Governor with advice and counsel on approaches to strengthen and improve our homeland security and emergency preparedness.

NOW, THEREFORE, BE IT RESOLVED that I, Philip B. Scott, by virtue of the authority vested in me as the Governor of the State of Vermont, do hereby order and direct:

The ‘Governor’s Emergency Preparedness Advisory Council‘ (Council) is reconstituted as set forth below:

1. Composition and Appointments

   The Council shall include members from the following interested parties to be appointed by the Governor: volunteer fire service; career fire service; emergency medical services; municipal police; sheriffs; state fusion center (in Vermont, known as the Vermont Information Center); federal government; municipal government; local emergency management; private community organizations; the Vermont utility industry; hospitals; public health officials; statewide interoperability governing body; disability inclusion working group; a state Citizen Corps representative; and faith-based organizations.

   The Council shall include the following ex officio members or their designees: the Secretary of Civil and Military Affairs, the Adjutant General, the Secretary of Administration, the Secretary of the Agency of Agriculture, Food and Markets, the Secretary of the Agency of Transportation, the Secretary of the Agency of Digital Services, the Secretary of the Agency of Education, the Secretary of the Agency of Human Services, the Commissioner of Health, the Commissioner of Public Safety, the E-911 Director, the state Homeland Security Advisor, the Colonel of the Vermont State Police, the Director of the Division of Emergency Management, the Chief Information Security Officer and the Statewide Interoperability Coordinator.

   The Governor shall invite the Speaker of the House, the Lieutenant Governor and a member of the Senate appointed by the Committee on Committees to participate on the Council.

   The Governor may consult with private sector professionals outside of the Council for information and advice. All State Agencies and Departments, as well as the Attorney General and the Executive Director of the Office of State’s Attorneys and Sheriffs shall participate upon request of the Governor or the Chair of the Council, as needs dictate.

   The Governor shall appoint the Chair of the Council.

2. Charge

   The mission of the Council shall be to assess the State’s overall homeland security and emergency preparedness programs, policies, and communications and provide for coordinated input by stakeholders in the preparation, implementation, evaluation and revision of the current systems.

   Further, the Council shall consider the interdependencies between the private sector, non-profit organizations, faith-based and community organizations, and all levels of government, including local, state and federal with the goal of maximizing these relationships and reducing duplication of effort. The Council shall advise on the allocation of funding to support the programs while mindful of available financial resources and fiscal realities.

3. Council Process

   The Council shall meet at the call of the Chair and shall advise the Governor, as needed, on the State’s overall threat and hazard preparedness, policies and communications.

   Administrative and staff support shall be provided by the Department of Public Safety.

   The Council may adopt operating guidelines which are consistent with this Executive Order.

4. Effective Date

   This Executive Order shall be effective as of July 15, 2019 and shall expire on July 15, 2024.

   This Executive Order supersedes and replaces Executive Order# 04-13 (codified as Executive Order No. 20-48).

   Dated: July 17, 2019

Executive Order No. 20-59 (No. 01-20) [Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out.

WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), in the United States; and

WHEREAS, this rapidly evolving global situation required the Governor to direct the Vermont Department of Health (VDH) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

WHEREAS, in March 2020, the Governor directed Vermont Emergency Management (VEM) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (SEOC), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and

WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and

WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

WHEREAS, we now know that while most individuals affected by COVID-19 will experience mild flu-like symptoms, some individuals, especially those who are elderly or already have severe underlying chronic health conditions will have more serious symptoms and require hospitalization; and

WHEREAS, both travel-related cases and community contact transmission of COVID-19 have been detected in the region and this transmission is expected to continue; and

WHEREAS, if no mitigation steps are taken, COVID-19 would likely spread in Vermont at a rate similar to the rate of spread in other states and countries, and the number of persons requiring medical care could exceed locally available resources; and

WHEREAS, it is critical we take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

WHEREAS, Vermonters must come together as we have before in a crisis, to do our part to protect the very ill and elderly by preventing and slowing the spread of this virus and ensure those who experience the most severe symptoms have access to the care they need.

NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont and Commander-in-Chief, Vermont National Guard, by the Constitution of the State of Vermont, Chapter II, Section 20 and under 20 V.S.A. §§ 8 , 9 and 11 and Chapter 29, hereby declare a State of Emergency for the State of Vermont.

IT IS HEREBY ORDERED:

1. All State licensed nursing homes (as defined in 33 V.S.A. § 7102(7) ), the Vermont Psychiatric Care Hospital (VPCH) and Middlesex Therapeutic Community Residence shall prohibit visitor access to reduce facility-based transmission. This prohibition shall not apply to medically necessary personnel or visitors for residents receiving end of life care. Any visitors will be screened in accordance with recommendations by the Commissioner of the Vermont Department of Health.
2. All State licensed assisted living residences (as defined in 33 V.S.A. § 7102(1) ), Level III residential care homes (33 V.S.A. 7102(10)(A)), and intermediate care facilities for individuals with intellectual disability (ICF/ID) (42 C.F.R. § 440.150), shall prohibit visitor access to reduce facility-based transmission. This prohibition shall not apply to two designated visitors, medically necessary personnel or visitors for residents receiving end of life care. Any visitors will be screened in accordance with recommendations by the Commissioner of the Vermont Department of Health.
3. All State therapeutic community residences (as defined in 33 V.S.A. § 7102(11) ), and Level IV residential care homes ( 33 V.S.A. § 7102(10)(B) ), shall restrict visitor access as necessary to reduce facility-based transmission. This restriction shall not apply to medically necessary personnel or visitors for residents receiving end of life care. Any visitors will be screened in accordance with recommendations by the Commissioner of the Vermont Department of Health.

   A “non-essential gathering” does not include normal operations at airports, bus or railway stations where persons may be in transit; typical office, construction, manufacturing, grocery, food production, retail and retail banking, professional or other employment environments; gatherings of the press; or operations of the Vermont Judiciary or General Assembly consistent with their constitutional authority. Questions from commercial entities, employers, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.

4. All hospitals (as defined in 18 V.S.A. § 1902 ), except VPCH, shall develop visitation policies and procedures that conform to a minimum standard which shall be developed by the Agency of Human Services to restrict visitor access to reduce facility-based transmission.
5. In order to limit exposure and protect state employees, all non-essential out-of-state travel by State employees for State business is hereby suspended. The Secretary of Administration shall, in consultation with the Commissioner of Health, develop guidance for employees returning from out-of-state travel. The Secretary of Administration shall also, in consultation with the Commissioner of Human Resources, encourage and facilitate telework among those State employees with the capacity to work remotely.
6. To help preserve and maintain public health, I hereby prohibit all large non-essential mass gatherings of more than 250 people in a single room or single space at the same time for social and recreational activities, such as an auditorium, stadium, arena, large conference room, meeting hall, cafeteria, theater, or any other confined indoor or confined outdoor space.

   A “non-essential mass gathering” does not “ not include normal operations at airports, bus or railway stations where 250 or more persons may be in transit. It also does not include typical office environments or retail or grocery stores where large numbers of people are present, but where it is unusual for them to be within arm’s length of one another. Questions from commercial recreational entities, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.

7. In preparing for and responding to COVID-19, all agencies of the state shall use and employ state personnel, equipment, and facilities or perform any and all activities consistent with the direction of VDH and the Department of Public Safety (DPS)/VEM in accordance with the State Emergency Management Plan.
8. I hereby authorize and direct the Adjutant General to call into Active State Service, for the purpose of assisting and supporting the State of Vermont, in its efforts to respond to the conditions created or caused by COVID-19 in order to alleviate hardship and suffering of citizens and communities and in order to preserve the lives and property of the State, any and all units of the National Guard of the State of Vermont as he, in consultation with DPS/VEM, may deem appropriate to carry out the purposes of this Order.
9. The Department of Financial Regulation shall, in consultation with the Departments of Labor, Tax, and Finance and Management, collect data on the state’s demographics and analyze the potential and actual impacts of a COVID-19 outbreak on the state’s population, the labor force and the economy, including state revenues.
10. In order to limit the spread of COVID-19 through community contacts, DPS shall, in consultation with VDH, coordinate the allocation of statewide investigatory resources to enhance VDH capacity for contact tracing.
11. The Commissioner of Motor Vehicles is hereby directed to develop a plan to extend DMV licensing and registration renewal deadlines and other statutory and regulatory DMV requirements to mitigate contagion risk by reducing customer traffic throughout all DMV district offices.
12. While many are concerned about the welfare of their children in the pre-K-through-12 schools, suspension of school at this time is not recommended by the Commissioner of Health as of the date of this Order. The Secretary of Education is hereby directed to develop a contingency plan for school closings necessitated by COVID-19 for such time as this may be recommended by VDH and VEM.
13. I hereby direct that no school superintendent or school board shall cause a student or parent to be penalized for student absences that are the result of following medical advice or the guidance of VDH or arising from the concerns of parents or guardians relating to COVID-19.
14. The Commissioner of Health shall oversee the investigation, coordination and mitigation efforts for the duration of this Order. All local boards of health shall consult with and abide by the recommendations of the Commissioner of Health prior to taking any action regarding isolation or quarantine of an individual(s). Town health officers shall work with and assist the Department as directed by the Commissioner of Health.
15. Relevant rules governing medical services shall be suspended to the extent necessary to permit such personnel to provide paramedicine, transportation to destinations including hospitals and places other than hospitals or health care facilities, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Commissioner of Health.
16. Relevant rules governing nursing services shall be suspended to the extent necessary to permit such personnel to provide medical care, including but not limited to administration of medicine, prescribing of medication, telemedicine to facilitate treatment of patients in place, and such other services as may be approved by the Secretary of State in consultation with the Commissioner of Health.
17. The Agency of Commerce and Community Development shall work with U.S. Small Business Administration (SBA) and Vermont Small Business Development Center (SBDC) to survey businesses to determine the economic impact of losses for the disaster period as compared to the same period of the preceding year for the purpose of applying to the U.S. Small Business Administration (SBA) for SBA Economic Injury Disaster Loans.
18. To ensure that workers affected by COVID-19 have access to wage replacement programs, I hereby direct the Department of Labor to extend unemployment insurance to those Vermonters following the instructions of their healthcare providers to self-isolate or quarantine; to remove the work search requirement for those workers affected by temporary closure of a business; and to temporarily suspend any mechanisms that would delay the release of funds to claimants. Further, I hereby direct the Commissioner of Labor to work with the Legislature on other opportunities to extend benefits to workers affected by COVID-19.
19. Pursuant to the powers granted to the Governor in 20 V.S.A. §§ 8 , 9 and 11 and other provisions of law, I shall from time to time issue recommendations, directives and orders as circumstances may require.

    This Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with VDH and DPS/VEM, shall assess the emergency and determine whether to amend or extend this Order.

    ADDENDUM 1 TO EXECUTIVE ORDER 01-20

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, additional cases of COVID-19 have been tested as presumptively positive in the State; and

    WHEREAS, the Governor has determined, in consultation with the Commissioner of Health and the Department of Public Safety/Division of Vermont Emergency Management, to amend the Executive Order to further restrict the size of mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility; and

    WHEREAS, this decision is based on the best scientific evidence available to the experts at the Vermont Department of Health in the interest of furthering “social distancing” and is expected to help prevent and reduce the spread of COVID-19.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8 , 9 and 11 and other laws, hereby amend and restate Section 6 of the Executive Order to further restrict the size of “mass gatherings,” as follows:

    6. To help preserve and maintain public health, I hereby prohibit all non-essential mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility at the same time for social, recreational or entertainment activities, such as an auditorium, stadium, arena, large conference room, meeting hall, cafeteria, theater, bar, restaurant, gym or any other confined indoor or confined outdoor space.

    A “non-essential mass gathering” does not include normal operations at airports, bus or railway stations where persons may be in transit. It also does not include typical office environments or retail or grocery stores where large numbers of people are present, but where it is unusual for them to be within arm’s length of one another. Questions from commercial entities, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.

    Dated March 16, 2020

    ADDENDUM 2 TO EXECUTIVE ORDER NO. 01-20

    ORDER PROHIBITING GATHERINGS OF 50 PEOPLE OR 50% OF PERMITTED OCCUPANCY, WHICHEVER IS LESS, AND ON-PREMISES CONSUMPTION OF FOOD AND DRINK

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, additional cases of COVID-19 have been tested as presumptively positive in the State; and

    WHEREAS, after receiving updated recommendations from the CDC, social distancing and mitigation efforts recommended by the Vermont Department of Health, and in consultation with neighboring states for a regional approach, the Governor has determined it is necessary to close all bars and restaurants statewide through April 6, 2020, although food service establishments may continue to offer takeout and delivery service; and

    WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby amend and restate Section 6 of the Executive Order to further restrict the size of “mass gatherings,” and prohibit on-premises consumption of food or drink as follows:

    6. To help preserve and maintain public health, except as set forth below, I hereby prohibit all non-essential mass gatherings of fifty (50) people or fifty percent (50%) of the occupancy of a facility, whichever is less, at the same time for social, recreational or entertainment activities, such as an auditorium, stadium, arena, large conference room, meeting hall, theater, gymnasium, fitness center, library or any other confined indoor or confined outdoor space.

    A “non-essential mass gathering” does not include normal operations at airports, bus or railway stations where persons may be in transit. It also does not include typical office environments or retail or grocery stores where large numbers of people are present, but where it is unusual for them to be within arm’s length of one another. Questions from commercial entities, event sponsors and others shall be directed to the SEOC which shall provide appropriate guidance.

    Effective Tuesday, March 17, 2020 at 2:00 p.m. and continuing in full force and effect until April 6, 2020, any restaurant, bar, or establishment that offers food or drink shall not permit on-premises consumption of food or drink; provided however, such establishments may continue to offer food for take-out and by delivery. On or before April 6, 2020, the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order as it relates to restaurants, bars, or establishments that offer food or drink.

    Dated: March 16, 2020

    ADDENDUM 3 TO EXECUTIVE ORDER NO. 01-20

    Suspension of all Non-Essential Adult Elective Surgery and Medical and Surgical Procedures

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, additional cases of COVID-19 have been tested as presumptively positive in the State; and

    WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness; and

    WHEREAS, to aggressively address COVID-19, conservation of critical resources such as ventilators and Personal Protective Equipment (PPE) is essential, as well as limiting exposure of patients and staff to COVID-19; and

    WHEREAS, after receiving updated recommendations from the U.S. Surgeon General and the U.S. College of Surgeons, the Centers for Medicare & Medicaid, and in consultation with the Commissioner of the Department of Health and the Vermont Association of Hospitals and Health Systems, the Governor has determined it is necessary to suspend all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures; and

    WHEREAS, the suspension of all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures will be critical in helping to protect patients, reduce exposure to healthcare providers and preserve critical personal protective equipment (PPE), which is in critical demand around the country; and

    WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order all clinicians in Vermont to expedite postponement of all non-essential adult elective surgery and medical and surgical procedures, including all dental procedures in the safest but most expedient way possible.

    At all times, the supply of personal protective equipment (PPE), hospital and intensive care unit beds, and ventilators should be considered, even in areas that are not currently dealing with COVID-19 infections. While case-by-case evaluations will be made by clinicians, the following factors are to be considered as to whether planned surgery should proceed:

    • Current and projected COVID-19 cases in the facility and region

    • Supply of PPE to the facilities in the system

    • Staffing availability

    • Bed availability, especially intensive care unit (ICU) beds

    • Ventilator availability

    • Health and age of the patient, especially given the risks of concurrent COVID-19 infection during recovery

    • Urgency of the procedure

    This Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order as it relates to the suspension of adult elective surgery and medical and surgical procedures, including all dental procedures.

    Dated March 20, 2020

    AMENDMENT TO ADDENDUM 3 TO EXECUTIVE ORDER 01-20

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness; and

    WHEREAS, to aggressively address COVID-19, conservation of critical resources such as ventilators and Personal Protective Equipment (PPE) is essential, as well as limiting exposure of patients and staff to COVID-19; and

    WHEREAS, after receiving updated recommendations from the U.S. Surgeon General and the U.S. College of Surgeons, the Centers for Medicare & Medicaid, and in consultation with the Commissioner of the Department of Health and the Vermont Association of Hospitals and Health Systems, the Governor determined it was necessary to suspend all non-essential adult elective surgery and medical and surgical procedures, including dental procedures, pursuant to Addendum 3 to the Executive Order as of March 20, 2020, in order to help protect patients, reduce exposure to healthcare providers and preserve PPE; and

    WHEREAS, the Governor, in consultation with the Commissioner of the Department of Health and representatives of Vermont healthcare providers, has determined a limited resumption of outpatient services, including clinic visits, diagnostic imaging and limited outpatient surgeries and procedures is appropriate at this time.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby authorize the Commissioner of the Vermont Department of Public Health to issue mitigation requirements and procedures for the resumption of clinic visits, diagnostic imaging and such outpatient surgeries and procedures that have a minimal impact on inpatient hospital bed capacity and PPE levels, including those performed in the office or ambulatory surgical care setting.

    The Commissioner of the Department of Public Health, with the approval of the Governor, may, from time-to-time, update and modify the mitigation requirements and procedures regarding the resumption of additional adult elective surgery and medical and surgical procedures, including dental procedures.

    If the Commissioner of the Vermont Department of Health has determined that a COVID-19 outbreak has occurred and providers cannot safely care for Vermonters in a way that (1) limits the exposure of patients and staff to COVID-19; (2) preserves PPE and ventilators; and (3) preserves inpatient hospital capacity, it will notify and require all providers in the region to return to the standards set out in Addendum 3 to the Executive Order. Depending on the severity of the outbreak, the Vermont Department of Health may require all Vermont providers to return to those standards.

    This Amendment to Addendum 3 to the Executive Order shall take effect upon signing and, except as amended hereby, Addendum 3 to the Executive Order, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend Addendum 3, as amended.

    Dated May 4, 2020

    ADDENDUM 4 TO EXECUTIVE ORDER 01-20

    Closure of Close-Contact Businesses and Further Restrictions of the Size of Mass Gatherings

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, the number of cases of COVID-19 which have been tested as presumptively positive in the State has grown exponentially; and

    WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to reduce close contact among individuals, including the temporary closure of bars and restaurants, schools and daycare facilities other than those providing childcare services as needed for the children of essential personnel and DMV district offices; limiting the size of mass gatherings; and postponing all non-essential medical procedures; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has determined it is necessary to cease all in-person operations of businesses which, by the very nature of their business, are unable to comply with Centers for Disease Control (CDC) guidelines regarding social distancing; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has determined it is necessary to further reduce the size of mass gatherings; and

    WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order as follows:

    1. No later than 8:00 p.m. on Monday, March 23, 2020, gymnasiums, fitness centers and similar exercise facilities, hair salons and barbers, nail salons, spas and tattoo parlors shall cease all in-person operations.

    2. For the avoidance of doubt, at this time, subject to closures and limitations provided in prior orders, all other businesses may remain open, but must, to the extent practicable, implement CDC guidance to ensure social distancing, including:

    • maintaining a distance of 6 feet between person;

    • ensuring employees practice appropriate hygiene measures, including regular, thorough handwashing;

    • ensuring that employees who are sick remain home; and

    • regularly cleaning and disinfecting frequently touched objects and surfaces.

    3 I hereby further amend and restate Section 6 of the Executive Order to prohibit all non-essential gatherings of more than ten (10) people at the same time in a space such as an auditorium, stadium, arena, large conference room, meeting hall, theater or any other confined indoor or confined outdoor space which encourages congregation.

    4. All public and private enterprises shall post appropriate notices requiring compliance with recommendations by the CDC and the Commissioner of the Vermont Department of Health including, at a minimum, those set forth above in Section 2.

    This Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

    Dated March 20, 2020

    ADDENDUM 5 TO EXECUTIVE ORDER 01-20

    Order to Work From Home for all Businesses and Non-Profits

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, the number of cases of COVID-19 which have been tested as presumptively positive in the State has grown exponentially; and

    WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has directed a number of mitigation strategies for the State in order to reduce close contact among individuals, including the closure of bars and restaurants, schools and day care centers and close contact businesses, limiting the size of mass gatherings and postponing all non-essential medical procedures; and

    WHEREAS, in consultation with the Commissioner of the Department of Health, the Governor has determined it is necessary to require all businesses and not-for-profit entities in the state to utilize telecommuting, to the maximum extent possible; and

    WHEREAS, it is important for all Vermonters to recognize additional reductions or prohibitions may be implemented as needed to the extent there is a growing trend of confirmed COVID-19 in Vermont.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order, effective on Monday, March 23, 2020 at 8:00 p.m., all businesses and not-for-profit entities in the state to put into place, to the maximum extent possible, telecommuting or work from home procedures.

    This Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

    Dated: March 23, 2020

    ADDENDUM 6 TO EXECUTIVE ORDER 01-20

    [Stay Home/Stay Safe]

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, since that time, the number of cases of COVID-19 which have been tested as presumptively positive in the State has grown exponentially and unfortunately the State has seen its first deaths from this disease; and

    WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, VDH is urging all residents of the State to limit normal everyday activities outside of the home and to practice social distancing at all times to limit the spread of this highly contagious and potentially deadly virus; and

    WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of the Department of Health (VDH), the Governor has directed a number of mitigation strategies for the State in order to reduce close contact among individuals, including the closure of bars and restaurants, schools and day care centers and close contact businesses; limiting the size of mass gatherings; postponing all non-essential medical procedures; and ordering all businesses to implement telecommuting where possible; and

    WHEREAS, the Governor understands most Vermonters, Vermont communities and Vermont businesses recognize the potentially disastrous effects of COVID-19 if we were to continue business as usual, and have taken responsible, common sense, and creative measures to conduct our businesses and our lives in a manner consistent with CDC and Vermont Department of Health social distancing guidelines; and

    WHEREAS, nonetheless, further measures are needed to reduce the spread of COVID-19 to, avoid needless illness and deaths while ensuring the continuity of functions critical to public health and safety and our economic and national security.

    NOW THEREFORE, in order to restrict and minimize all unnecessary activities outside of the home or place of residence during the state of emergency, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order the following:

    1. To preserve the public health and safety, to ensure the healthcare delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, Vermonters are directed to stay at home or in their place of residence, leaving only for essential reasons such as: personal safety; groceries or medicine; curbside pick-up of goods, meals or beverages; medical care; exercise; care of others; and work, as set forth further below. Vermonters shall significantly restrict normal activities outside the home or place of residence, consistent with CDC guidance, to help stop the spread of the virus.

    2. As previously directed, all workers shall work remotely when possible.

    3. Except as set forth below, effective Wednesday, March 25, 2020 at 5 p.m., subject to closures and limitations provided in prior orders, all businesses and not-for-profit entities in the state shall suspend in-person business operations. These businesses and not-for-profit entities are encouraged to develop business strategies, procedures and practices such as using an on-line presence, telephone and web-based service delivery and phone or on-line orders for curb-side pick-up and delivery.

    The Vermont Agency of Commerce and Community Development (ACCD), shall develop a process for responding to questions regarding acceptable continuation of business operations.

    4. All businesses, governmental entities and not-for-profit entities shall develop strategies, procedures and practices designed for strict adherence to CDC and VDH guidance to ensure recommended social distancing, including, to the extent possible:

    a. maintaining a distance of 6 feet between persons;

    b. requiring employees to practice appropriate hygiene measures, including regular, thorough handwashing;

    c. requiring employees who are sick remain home; and

    d. regularly cleaning and disinfecting frequently touched objects and surfaces.

    5. Businesses and entities providing services or functions deemed critical to public health and safety, as well as economic and national security shall remain in operation, and, except as set forth in Section 4 above, shall not be subject to the in-person restrictions set forth in Section 3.

    6. Services or functions in Vermont deemed critical to public health and safety, as well as economic and national security include:

    a. health care operations such as COVID-19 testing and clinical research, hospital personnel and other healthcare providers, public health workers and other healthcare service providers, laboratory services, caregivers, logistics, technology, security and custodial support, blood and plasma donors and mortuary services;

    b. law enforcement, public safety and first responders, including fire, ambulance services, emergency medical technicians and emergency management personnel;

    c. critical infrastructure including utilities, telecommunication, airports and transportation infrastructure;

    d. construction necessary to support the COVID-19 response and maintain critical infrastructure;

    e. critical manufacturing, including food and animal feed manufacturing, processing and supply, pharmaceuticals and other manufacturing necessary to support the COVID-19 response as well as economic and national security;

    f. retail serving basic human needs such as grocery stores, pharmacies, other retail that sells food, beverage, animal feed and essential supplies, provided, these retail operations shall be conducted through on-line and telephone orders for delivery and curb-side pickup to the extent possible;

    g. fuel products and supply;

    h. hardware stores, provided, these retail operations shall be conducted through on-line and telephone orders for delivery and curb-side pickup to the extent possible;

    i. transportation sector and agricultural sector equipment parts, repair and maintenance, provided these retail operations shall be conducted through on-line and telephone orders for delivery and curb-side pickup to the extent possible;

    j. trash collection and disposal, recycling and operations and maintenance of drinking water and wastewater/drainage infrastructure;

    k. agriculture and farms, animal shelters, production and delivery of seed, chemicals and fertilizers, CSAs and veterinarians;

    l. lodging, to the extent required to support COVID-19 response, critical infrastructure and national security;

    m. other building and property services for the safety, sanitation and operations of residences or other businesses;

    n mail and shipping services;

    o news media;

    p. banks and related financial institutions, provided, however, routine retail banking operations shall be limited to transactions conducted through automated teller machines, drive-through services and online and telephone services;

    q. providers of necessities and services to economically disadvantaged populations; and

    r. other vendors of technical, security, logistics, custodial and equipment repair and maintenance services necessary to support the COVID-19 response, critical infrastructure and national security.

    7. ACCD shall develop additional guidance as to which businesses are determined to be critical to public health and safety, as well as economic and national security.

    Other businesses may be determined to be critical to public health and safety, as well as economic and national security after requesting an opinion from ACCD. ACCD shall consider:

    • whether a business is necessary in order to properly respond to this emergency;

    • whether a business transaction or the performance of services requires in-person contact;

    • implications for business operations in Vermont, taking into account the economic and societal impacts as well as supply chain dependencies that are geographically distributed; and

    • such other factors as the Secretary of ACCD shall determine, in consultation with the Commissioner of the Department of Health and the Commissioner of Public Safety.

    8. Essential state and local government functions will also remain open, including offices that provide essential government services.

    Except as otherwise set forth herein, this Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

    Dated: March 24, 2020

    AMENDMENT TO ADDENDUM 6 TO EXECUTIVE ORDER 01-20

    [Stay Home/Stay Safe: Restart Phase VI]

    WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 900 cases and over 50 related deaths; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, the Executive Order expressly recognized the critical need to take steps to control outbreaks of COVID-19, particularly among those who are elderly or already have underlying chronic health conditions, to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of the Department of Health (VDH), the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness; and

    WHEREAS, after consultation with the Commissioner of the Department of Health, the Governor determined it was necessary to require Vermonters to stay home and to limit travel to essential activities only, and suspend the operation of all non-essential businesses and non-profit governmental services pursuant to Addendum 6 to the Executive Order as of March 24, 2020 (Stay Home/Stay Safe), in order to help reduce the spread of COVID-19; and

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont’s economy and continues to do so with a limited reopening of retail businesses.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby authorize the Secretary of the Agency of Commerce and Community Development (ACCD) to issue mitigation requirements and procedures for the limited, incremental and phased resumption of business, non-profit and government entity operations which had previously been determined to be non-critical services under Stay Home/Stay Safe, effective Monday, May 18, 2020. The limited, incremental, and phased resumption of business, non-profit and government entity operations shall begin with non-essential retail; and mitigation requirements and procedures issued by the Secretary shall require implementation of appropriate occupancy limits and physical distancing, health and sanitation and training measures.

    1. The Secretary of the Agency of Commerce and Community Development (ACCD), in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize additional limited, incremental, and phased resumption of business, non-profit and government entity operations and update and modify the mitigation requirements and procedures regarding the resumption of business, non-profit and government entity operations.

    If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and businesses and non-profit and government entities cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19 and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all businesses and non-profit and government entities to return to certain standards of operation.

    2. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements issued by ACCD.

    3. All businesses and not-for profit and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.

    4. Addendum 2 to the Executive Order dated March 16, 2020, which prohibited on-premises consumption of food or drink, Addendum 4 to the Executive Order dated March 20, 2020, which suspended the operation of close contact businesses, and Addendum 5 to the Executive Order dated March 23, 2020, which required all businesses, and non-profit and government entities to implement telework procedures to the extent possible, shall remain in full force and effect.

    This Amendment to Addendum 6 to the Executive Order shall take effect upon signing and, except as amended hereby, Addendum 6 to the Executive Order, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend Addendum 6, as amended.

    Dated May 13, 2020

    ADDENDUM 7 TO EXECUTIVE ORDER NO. 01-20

    [Quarantine Restrictions on Travelers Arriving in Vermont]

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, aggressive and sustained efforts are necessary to slow the spread of the COVID-19 virus and lessen the strain on Vermont’s healthcare system; and

    WHEREAS, the COVID-19 virus continues to spread and threatens to overwhelm the State’s ability to respond; and

    WHEREAS, due to extensive community transmission of COVID-19 in our neighboring states of New York, New Jersey and Connecticut, the Centers for Disease Control and prevention (“CDC”), has advised residents of those states to refrain from non-essential domestic travel for 14 days effective immediately; and

    WHEREAS, many Vermonters are returning to Vermont as the weather warms; and

    WHEREAS, Vermont recognizes and understands the desire of many of our second-home owners who are residents in regions of the country where COVID-19 is viewed as a greater threat to return to their homes in Vermont; and

    WHEREAS, on March 24, 2020, the Governor issued an Executive Order directing all Vermonters to stay at home or in their place of residence, leaving only for essential reasons and further directing all businesses and non-profit entities to cease operations unless these entities provide services or functions deemed critical to public health and safety (“Stay Home/Stay Safe”); and

    WHEREAS, Stay Home/Stay Safe made clear commercial lodging shall be suspended unless required to support COVID-19 response, critical infrastructure and national security; and

    WHEREAS, the Governor has determined, in light of the significant risk posed by the further spread of this dangerous disease to Vermonters and the viability of our health care system, to direct residents and non-residents alike coming from outside the State to self-monitor and home-quarantine for a period of 14 days.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order the following:

    1. To preserve the public health and safety, to ensure the healthcare delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, any person, resident or non-resident, travelling into Vermont for anything other than an essential purpose, must immediately self-quarantine for 14 days or the balance of 14 days dating from the day of arrival.

    2. “Essential purpose” for purposes of this quarantine restriction shall mean travel required for personal safety; food, beverage or medicine; medical care; care of others; and to perform work, services or functions deemed critical to public health and safety, as well as economic and national security, as set forth in Stay Home/Stay Safe.

    3. The Agency of Transportation and the Department of Motor Vehicles are hereby directed to post this guidance at all major points of entry into Vermont, on highway message boards and at the Burlington International Airport and all other Vermont airports.

    4. Guidance for self-quarantine shall be made available by the Vermont Department of Health.

    5. Visitors are instructed not to travel to Vermont if they are displaying symptoms or if they are travelling from cities and regions identified as COVID-19 “hot spots,” including, among others, the states of Florida and Louisiana and the cities of Detroit, Chicago and New York City. In addition, residents of New York, New Jersey and Connecticut should stay in their home states in strict compliance with CDC travel guidance issued Saturday, March 28, 2020. This is essential if you will be in close contact with people who are older adults or have a severe chronic health condition.

    6. For the purpose of clarifying Stay Home/Stay Safe as it relates to the suspension of lodging operations, “lodging” shall include, but not be limited to, hotels, motels, bed and breakfasts, inns, short term rentals, such as those made available through VRBO, Homeaway, AirBnb and other services, parks for recreational vehicles and campgrounds, all public and private camping facilities including those managed by the Vermont Department of Parks and Recreation. Lodging may be provided for the following purposes:

    a. Housing vulnerable populations (emergency shelter for homeless individuals) as arranged through the state.

    b. Providing accommodations for health care workers, or other workers deemed necessary to support public health, public safety or critical infrastructure.

    c. Use of lodging properties being as quarantine facilities as arranged by the state.

    d. Limited verifiable extenuating circumstances for the care and safety of Vermonters.

    On-line reservations shall be suspended and lodging providers shall post a prominent notice on their web platforms which advises potential guests that reservations for lodging in Vermont, as allowed above, shall be accepted by phone only.

    Lodging providers may permit existing guests to remain through the end of their scheduled stay, however, may not allow extended stay or new reservations, except for the purposes set forth above.

    7. All state agencies and departments, including the offices of elected officials in the Executive Branch, which register, regulate or otherwise have contact information regarding lodging facilities, shall provide an electronic advisory regarding the suspension of lodging operations, consistent with this Executive Order.

    8. The Vermont State Police and all county and municipal law enforcement agencies shall monitor the compliance with this Executive Order by lodging providers and notify the Office of the Attorney General regarding potential non-compliance using a reporting method prescribed by the Department of Public Safety.

    9. The Attorney General shall take such steps as he deems necessary and reasonable to ensure the compliance of lodging providers with this Executive Order.

    Except as otherwise set forth herein, this Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

    Dated: March 30, 2020

    ADDENDUM 8 TO EXECUTIVE ORDER NO. 01-20

    [Non-Congregate Sheltering in Vermont; Extension of Certain Deadlines Relating to Closures of DMV and Bars and Restaurants]

    WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), in the United States; and

    WHEREAS, the Governor directed the Vermont Department of Health (VDH) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

    WHEREAS, in March 2020, the Governor directed Vermont Emergency Management (VEM) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (SEOC), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and

    WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID19 in Vermont; and

    WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a State of Emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the coronavirus (COVID-19) pandemic, under which FEMA’s Regional Administrators have been delegated authority to approve requests for non-congregate sheltering for the duration of the Secretary of Health and Human Services’ declaration of a Public Health Emergency for COVID-19; and

    WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts, including the provision of non-congregate sheltering, to save lives, to protect property and public health, and to ensure public safety in this Public Health Emergency.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order as follows:

    1. Local governments, state agencies and private non-profit organizations statewide shall:

    a. To the extent not already in place, arrange for placement of current clients and vulnerable populations in alternative non-congregate housing solutions for the purpose of providing adequate social distancing as needed.

    b. To the extent not already in place, implement a temporary quarantine and isolation program utilizing non-congregate solutions including hotels, motels, dormitories, or other forms of non-congregate shelter for current clients and vulnerable populations for the purpose of providing adequate social distancing between all individuals who are reasonably believed to have been exposed to or infected with COVID-19, or recovering from COVID-19.

    c. Local governments and private non-profit organizations, which determine the need for non-congregate temporary housing to quarantine and temporarily isolate first responders and health care workers who are at reasonable risk of having been exposed to or are infected with COVID-19, or are recovering from COVID-19, and cannot return to their usual residence because of the risk of infecting other household members, shall provide alternative non-congregate housing to this population of first responders and health care workers.

    This Section 1 shall take effect as of March 1, 2020 and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

    2. In accordance with the Executive Order, Addendum 2 was issued to suspend on-premises consumption of food or drink at any restaurant, bar, or establishment that offers food or drink. In accordance with the Executive Order, Directive 3 was issued to direct the Department of Motor Vehicles (DMV) to suspend in-person visits to the DMV district offices. Effective upon signature, this Section 2 shall clarify that both Addendum 2 and Directive 3 are subject to Addendum 6 to the Executive Order (Stay Home, Stay Safe), and both the Addendum and the Directive are hereby extended and shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

    This Addendum shall continue in full force and effect until April 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

    Dated: April 3, 2020

    ADDENDUM 9 TO EXECUTIVE ORDER 01-20

    [Extension of State of Emergency Declared March 13, 2020; Other COVID-19 Related Directives and Clarifications]

    WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (“COVID-19”), in the United States; and

    WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

    WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS/VEM”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and

    WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and

    WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and

    WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including:

    • Directive 1 issued March 15, 2020, to all School Boards and Superintendents for Continuity of Education Planning which closed all schools to in-person education and required planning for education continuity;

    • Addendum 1 to the Executive Order issued March 16, 2020, which modified the Executive Order to prohibit all non-essential mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility at the same time for social, recreational or entertainment activities;

    • Addendum 2 to the Executive Order issued March 17, 2020 ordering restaurants, bars, or establishments that offer food or drink to suspend on-premises consumption of food or drink;

    • Directive 2 issued March 17, 2020 to all School Boards, Superintendents, and Child Care Programs to close childcare centers and provide for services to children of Essential Persons during the closure period in response to COVID-19;

    • Directive 3 issued March 18, 2020 directing Department of Motor Vehicle services to provide online, by mail or phone, and suspend all in-person transactions;

    • Directive 4 issued March 19, 2020 to the Department of Liquor and Lottery authorizing take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off premise consumption;

    • Addendum 3 to the Executive Order issued March 20, 2020, requiring the postponement of all non-essential adult elective surgery and medical and surgical procedures;

    • Addendum 4 to the Executive Order issued March 21, 2020, which suspended the operation of close-contact businesses and further restricted the size of mass gatherings;

    • Addendum 5 to the Executive Order issued March 23, 2020, which ordered all businesses and non-profits to institute work from home procedures to the extent possible;

    • Addendum 6 to the Executive Order issued March 24, 2020, which ordered all Vermonters to stay home, stay safe with the exception of those performing critical services (“Stay Home/Stay Safe”);

    • Directive 5 issued March 25, 2020 clarifying schools for preK-12 students shall remain dismissed for in-person instruction for the remainder of the 2019-2020 school year and required schools to have continuity of learning plans for remote learning implemented on or before Monday, April 13, 2020;

    • Addendum 7 to the Executive Order issued March 30, 2020, which imposed quarantine restrictions on travelers arriving in Vermont and clarified the closure of lodging operations;

    • Addendum 8 to the Executive Order issued April 3, 2020, which clarified the Governor’s direction to provide non-congregate sheltering in Vermont and extended certain deadlines relating to closures of DMV and bars and restaurants; and

    WHEREAS, as of April 5, 2020, the United States had experienced 337,646 cases of COVID-19 with 9,648 COVID-19-related deaths; Quebec had experienced 7,944 cases of COVID-19 with 94 COVID-19-related deaths; New York had experienced 122,911 cases of COVID-19 with 4,161 COVID-19-related deaths; Massachusetts had experienced over 12,500 cases of COVID-19 with 231 COVID-19-related deaths; New Hampshire had experienced 621 cases of COVID-19 with 9 COVID-19-related deaths; and Vermont had experienced 512 cases of COVID-19 with 22 COVID-19-related deaths; and

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS/VEM, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Friday, May 15, 2020; and

    WHEREAS, the Governor has further determined to issue a rule which clarifies the scope of the providers and situations protected by 20 V.S.A. § 20 in order to remove barriers to health care facility surge capacity planning; and

    WHEREAS, the Governor has determined to authorize lodging facilities to resume acceptance of reservations for stays and events beginning June 15, 2020, subject to further action as needed to respond to continued COVID-19 response, as well as issue other directions and clarifications.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Friday, May 15, 2020.

    IT IS FURTHER ORDERED:

    1. The Executive Order and all Directives and Addenda issued thereunder shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend the State of Emergency.

    2. Lodging Reservations. Addendum 7 to the Executive Order is hereby supplemented to authorize lodging operators to immediately accept reservations for stays and events occurring on or after June 15, 2020; provided, however, the Governor, in consultation with the Commissioner of VDH and the Commissioner of DPS/VEM, shall assess the emergency and determine whether to amend or extend this date.

    3. Stay Home/Stay Safe Guidance. For the purpose of clarifying Stay Home/Stay Safe, the Secretary of the Agency of Commerce and Community Development (“ACCD”) is directed to provide guidance as follows:

    A. As it relates to the suspension of real estate activities, clarify existing guidance regarding real estate sales and brokerage to ensure guidance applies to all real estate sales, including those for sale by owner.

    On-line real estate sites shall post a prominent notice on their web platforms which advises potential sellers and purchasers that all in-person real estate transactions are temporarily suspended.

    Real estate functions that can be conducted online, by phone or email may continue.

    B. As it relates to Financial, Legal and Professional Services and Municipalities, clarify existing guidelines to the extent necessary to facilitate assistance to Vermonters seeking to take advantage of state and federal financial support made available in response to the economic impacts of COVID-19.

    4. Motor Vehicle Inspections. In order to alleviate in-person contact at locations offering vehicle inspections,the Department of Motor Vehicles is hereby directed to extend inspections for motor vehicles other than school buses and motor buses, for 60 days for inspections due in April 2020 (a green “4”).

    5. Directive to State Agencies Regarding Non-Congregate Temporary Housing. Effective as of March 1, 2020, State Agencies which determine the need for non-congregate temporary housing to quarantine and temporarily isolate first responders, including Department of Corrections personnel, health care workers and others critical to the COVID-19 response, such as critical infrastructure construction and maintenance, who are at reasonable risk of having been exposed to or are infected with COVID-19, or are recovering from COVID-19, and cannot return to their usual residence because of the risk of infecting other household members, shall provide alternative non-congregate housing to this population of first responders, health care workers and others critical to the COVID-19 response.

    6. COVID-19 Emergency Response Services. In accordance with the authority granted to the Governor pursuant to 20 V.S.A. §§ 8 and 9 to make, amend, and rescind necessary orders, rules, and regulations for emergency management purposes, I hereby adopt the following rule for the purpose of interpreting the scope of 20 V.S.A. § 20 relating to legal immunity for Health Care Facilities, Health Care Providers, and Health Care Volunteers, as defined herein, who are providing COVID-19 related emergency management services or response activities. The intent of this rule is to clarify that under protections afforded by 20 V.S.A. § 20 , Health Care Facilities, Health Care Providers, and Health Care Volunteers would be immune from civil liability for any death, injury, or loss resulting from COVID-19 related emergency management services or response activities, except in the case of willful misconduct or gross negligence.

    A. For purposes of this Addendum 9 to the Executive Order, the following terms are defined as set forth below; provided, however, these definitions are intended to provide further detail to the scope of the immunities provided in 20 V.S.A. § 20 and are not intended to limit or narrow the scope of the immunities provided therein:

    i. “All-hazards” for purposes of the existing State of Emergency means the COVID-19 outbreak in Vermont which has been determined by the Governor to pose a threat or may pose a threat to public safety in Vermont.

    ii. “Emergency functions” include, for purposes of this order, services provided by the public safety, firefighting services, police services, sheriff’s department services, medical and health services, including those services provided by Health Care Providers and Health Care Volunteers, rescue, communications, evacuation of persons, emergency welfare services, protection of critical infrastructure, emergency transportation, other functions related to civilian protection, and all other activities necessary or incidental to the preparation for and carrying out of these functions.

    iii. “Emergency management” means the preparation for and implementation of all emergency functions, other than the functions for which military forces or other federal agencies are primarily responsible, to prevent, plan for, mitigate, and support response and recovery efforts from all hazards. Emergency management includes the equipping, exercising, and training designed to ensure that this state and its communities are prepared to deal with all-hazards.

    iv. “Health Care Facilities” means State licensed nursing homes (as defined in 33 V.S.A. § 7102(7) ) and Middlesex Therapeutic Community Residence, all State licensed assisted living residences (as defined in 33 V.S.A. § 7102(1) ), Level III residential care homes (33 V.S.A. 7102(10)(A)), intermediate care facilities for individuals with intellectual disability (ICF/ID) (42 C.F.R. § 440.150), all State therapeutic community residences (as defined in 33 V.S.A. § 7102(11) ), Level IV residential care homes ( 33 V.S.A. § 7102(10)(B) ), all hospitals (as defined in 18 V.S.A. § 1902 ) and all alternate or temporary hospital sites and other isolation, quarantine or housing sites designated by the Commissioner of PSD/VEM for the treatment of, or alternate shelter for those who have been exposed to or infected with COVID-19.

    v. “Health Care Providers” means all health care providers as defined by 18 V.S.A. § 9432(9) , including volunteers, who are providing health care services in response to the COVID-19 outbreak and are authorized to do so.

    vi. “Health Care Volunteers” means all volunteers or medical or nursing students who do not have licensure who are providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak and are authorized to do so.

    B. For Health Care Facilities and Health Care Providers, an emergency management service or response activity, includes, but may not be limited to:

    i. Expedited postponement of non-essential adult elective surgery and medical and surgical procedures, including dental procedures, in the safest but most expedient way possible, as ordered by Addendum 3 of the Executive Order, if elective surgeries and medical and surgical procedures are performed at the Health Care Facility or by the Health Care Provider;

    ii. Cancelling or denying elective surgeries or procedures or routine care to the extent determined necessary for the health, safety and welfare of a patient or as necessary to respond to the COVID-19 outbreak;

    iii. Redeployment or cross training of staff not typically assigned to such duties, to the extent necessary to respond to the COVID-19 outbreak;

    iv. Planning, or enacting, crisis standard-of-care measures, including, but not limited to, modifying numbers of beds, preserving PPE, and triaging access to services or equipment as necessary to respond to the COVID-19 outbreak; and

    v. Reduced record-keeping to the extent necessary for Health Care Providers to respond to the COVID-19 outbreak.

    C. For Health Care Volunteers, “emergency management services or response activities” also includes providing services, assistance, or support at a Health Care Facility in response to the COVID-19 outbreak.

    D. Nothing contained in this Executive Order shall alter existing law with respect to gross negligence or willful misconduct.

    This Addendum 9 shall take effect upon signing and shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.

    Dated April 10, 2020

    ADDENDUM 10 TO EXECUTIVE ORDER 01-20

    Work Smart & Stay Safe -Restart VT: Phase I

    WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and a little more than a month later Vermont has experienced over 760 cases and 30 related deaths; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes on transactions, and suspending the operation of businesses which are not deemed critical; and

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, as we move forward, businesses, governments and employees must understand that how they work is essential to resuming and maintaining business operations, to stay safe and save lives.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:

    1. Health and Safety Requirements. The State shall undertake a phased approach to reopen the economy, balancing the need to restore and strengthen our overall social and economic wellbeing with the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date. In order to achieve this balance, all businesses and non-profit and governmental entities, including employees and contractors of governmental entities, which are operating or will be operating during the declared State of Emergency, shall implement the following physical distancing, health and sanitation measures in accordance with Vermont Department of Health and CDC guidelines:

    a. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).

    b. Employees must observe strict social distancing of 6 feet while on the job.

    c. Employees must wear non-medical cloth face coverings (bandanna, scarf, or non-medical mask, etc.) over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or “sneeze guard” is acceptable in lieu of a mask.

    d. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected at the beginning, middle and end of each shift and prior to transfer from one person to another.

    e. No more than 2 people shall occupy one vehicle when conducting work.

    2. Customer and General Public Mask Use. Customers and the public in general, are encouraged to wear cloth face coverings any time they are interacting with others from outside their households.

    3. Phased Restart. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers and employees to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.

    To safely reopen certain business, non-profit and governmental operations not determined to be critical pursuant to the Governor’s Stay Home/Stay Safe order, ACCD shall, in consultation with VDH and the Department of Public Safety/Vermont Emergency Management, support the development of plans and sector strategies to allow for phased, data-driven reopening.

    Subject to compliance by all affected businesses and non-profit and government entities with the health and safety requirements above, Phase 1 of this effort, effective April 20, 2020, will allow the following:

    a. ACCD in consultation with VDH and the DPS/VEM shall issue guidance, which authorizes “micro-crews,” or no more than two (2) persons per location/job, to perform outdoor work and construction work in unoccupied structures. Supporting operations may resume with the minimum number of employees necessary to support curbside pick-up and delivery services, and in accordance with the guidance issued by ACCD.

    b. ACCD shall clarify guidance for commercial retail operations, including those that operate in an outdoor setting, that they may resume operations with the minimum number of employees necessary to support curbside pick-up, delivery services, and warehouse or distribution operations in support of curbside, or delivery. All orders must occur over the phone or online and no in-store transactions are allowed at this time.

    c. Services operating with a single worker (such as appraisers, realtors, municipal clerks, attorneys, property managers, pet care operators and others), may resume operations so long as no more than 2 persons (service provider and client) are present at one time.

    d. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety requirements set forth above.

    e. In accordance with Addendum 5 to the Executive Order (Order to Work From Home for all Businesses and Non-Profits) and Stay Home Stay Safe, all businesses, non-profit entities and government entities shall continue procedures to support work from home and telecommuting for all workers to the extent possible.

    f. All businesses, not-for profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.

    This Addendum 10 shall take effect upon signing and shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.

    Dated April 17, 2020

    ADDENDUM 11 TO EXECUTIVE ORDER 01-20

    [Work Smart & Stay Safe — Restart VT: Phase II]

    WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and a month and a half later Vermont has experienced over 800 cases and over 40 related deaths; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which are not deemed critical; and

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, the Governor has determined to begin a cautious, incremental and evidence-based approach to restarting Vermont’s economy; and

    WHEREAS, as we move forward, businesses, governments and employees must understand that how they work is essential to resuming and maintaining business operations, to stay safe and save lives.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:

    1. Health and Safety Requirements. The State shall continue a phased approach to reopen the economy, balancing the need to restore and strengthen our overall social and economic wellbeing with the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date. In order to achieve this balance, all businesses and non-profit and governmental entities, including employees and contractors of governmental entities, which are operating or will be operating during the declared State of Emergency, shall implement the following physical distancing, health and sanitation measures in accordance with Vermont Department of Health, CDC and Agency of Commerce and Community Development (ACCD) guidelines:

    a. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).

    b. Employees must observe strict social distancing of six feet while on the job.

    c. Employees must wear face coverings over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or “sneeze guard” is acceptable in lieu of a mask.

    d. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected at the beginning, middle and end of each shift and prior to transfer from one person to another.

    e. No more than two (2) people shall occupy one vehicle when conducting work.

    f. To the extent feasible, prior to the commencement of each work shift, pre-screening, including temperature checks and survey shall be required to verify each employee has no symptoms of respiratory illness (fever, cough, and/or shortness of breath).

    g. Signs must be posted at all entrances clearly indicating that no one may enter if they have symptoms of respiratory illness.

    h. No congregation of employees shall be permitted on site.

    i. No workers who have knowledge of contact with a worker who is diagnosed with COVID-19 shall be permitted on site and shall quarantine for 14 days.

    j. Indoor workspaces where more than two (2) employees are working must have good air circulation.

    k. All operations shall designate a health officer on-site at every shift responsible for ensuring compliance with Addendum 10 and this Addendum 11 to the Executive Order and applicable ACCD Guidance. This person shall have the authority to stop or modify activities to ensure work conforms with the mandatory health and safety requirements.

    l. All employees, including those already working (except healthcare workers, first responders, and others already trained in infection control, personal protection/universal precautions), must complete, and employers must document, a mandatory training on health and safety requirements as provided by VOSHA, or another training program that meets or exceeds the VOSHA-provided standard.

    2. Training Requirements. All employers shall provide training and a written copy of standard operating procedures to be developed by the Vermont Occupational Safety and Health Agency (VOSHA), in consultation with VDH, on, at a minimum:

    a. The signs and symptoms of COVID-19 and an explanation of how the disease is spread;

    b. Information on appropriate social distancing and personal hygiene practices, including those set forth in this Addendum 11 to the Executive Order and applicable ACCD Guidance; and

    c. The types, proper use, limitations, location, handling, decontamination, removal, and disposal of any PPE being used.

    Employers may adopt another training program that meets or exceeds the VOSHA-provided standard, or additional policies and procedures that are applicable to the employment environment and employees’ duties, which shall not be less restrictive than those developed by VOSHA.

    All businesses and non-profit and government entities in operation must complete and document mandatory health and safety training by May 4, 2020.

    3. Customer and General Public Mask Use. Customers and the public in general, are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households.

    4. Phased Restart. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers and employees to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.

    Subject to compliance by all affected businesses and non-profit and government entities with the health and safety requirements set forth above and ACCD guidance developed in consultation with VDH and the Department of Public Safety/Division of Emergency Management, Phase 2 of this effort, effective April 27, 2020, will allow the following:

    a. “Micro-crews” or no more than five (5) persons per location/job, to perform outdoor work and construction work in unoccupied structures.

    b. Manufacturing and distribution operations may resume with a maximum of 5 (five) employees in any location if they are low-density and ensure employees are at least six feet apart at all times.

    c. Supporting operations may continue with the minimum number of employees necessary to support curbside pick-up and delivery services, and in accordance with the guidance issued by ACCD.

    d. Resumption of in-person shopping at outdoor retail operations, such as garden centers and greenhouses offering mulch, stone, plant, tree, seed sales; provided, however, these operations shall not permit any more than a maximum of 10 total people including customers and staff.

    Outdoor retail operations shall take steps to schedule or stage customer visits, such as waiting in cars until ready, to ensure no congregation.

    e. Libraries may allow for curbside pickup for lending in accordance with guidance issued by the Department of Libraries.

    5. Farmers Market. Subject to compliance with the health and safety requirements set forth above and ACCD guidance developed in consultation with VDH and the Department of Public Safety/Division of Emergency Management, effective May 1, 2020, farmers markets may open using limited in-person operations to ensure consumer access to quality, healthy food; provided, however:

    a. Farmer’s markets must adhere to all municipal ordinances and regulatory and permitting requirements prior to opening.

    b. Farmer’s markets must significantly alter their business practices to eliminate crowds and reduce contact between vendors and customers, including a transition away from shopping and social events to primarily a food distribution system.

    c. Farmers markets shall use a “pre-order, local food pick-up” model to the extent possible and comply with any additional guidance issued by the Agency of Agriculture and Food Markets (AAFM).

    6. Education and Compliance. VOSHA, VDH inspectors and AAFM inspectors shall, in the ordinary course of the performance of their duties, ensure businesses and non-profit and governmental entities have the information necessary to comply with the health and safety requirements of this Addendum 11 to the Executive Order.

    7. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements set forth above.

    8. In accordance with Addendum 5 to the Executive Order (Order to Work From Home for all Businesses and Non-Profits) and Stay Home Stay Safe, all businesses, non-profit entities and government entities shall continue procedures to support work from home and telecommuting for all workers to the extent possible.

    9. All businesses, not-for-profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.

    This Addendum 11 shall take effect upon signing and, except as modified in this Addendum 11, the Executive Order and all Addenda thereto and Directives issued thereunder, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.

    Dated April 24, 2020

    ADDENDUM 12 TO EXECUTIVE ORDER 01-20

    [Work Smart & Stay Safe — Restart VT: Phase III]

    WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 860 cases and over 45 related deaths; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which are not deemed critical; and

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont’s economy; and

    WHEREAS, as we move forward, businesses, governments and employees must understand that how they work is essential to resuming and maintaining business operations, to stay safe and save lives.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:

    1. Health and Safety Requirements. The State shall continue a phased approach to reopen the economy, balancing the need to restore and strengthen our overall social and economic wellbeing with the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date. As previously established in Addendum 11 to the Executive Order, in order to achieve this balance, all businesses and non-profit and government entities, including employees and contractors of government entities, which are operating or will be operating during the declared State of Emergency, shall implement the following physical distancing, health and sanitation measures in accordance with Vermont Department of Health, CDC and Agency of Commerce and Community Development (ACCD) guidelines:

    a. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).

    b. Employees must observe strict social distancing of six feet while on the job. Businesses and non-profit or government entities shall ensure customers observe strict social distancing of six feet while on location, to the extent possible.

    c. Employees must wear face coverings over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or “sneeze guard” is acceptable in lieu of a mask.

    d. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected regularly.

    e. No more than two people shall occupy one vehicle when conducting work.

    f. Prior to the commencement of each work shift, pre-screening, including temperature checks and health survey shall be required to verify each employee has no symptoms of respiratory illness (fever, cough, and/or shortness of breath). At the present time non-contact thermometers are in short supply, however employers shall immediately order, and use their best efforts to obtain, thermometers in order to conduct routine temperature checks.

    g. Signs must be posted at all entrances clearly indicating that no one may enter if they have symptoms of respiratory illness.

    h. No congregation of employees shall be permitted on site.

    i. No workers who have knowledge of contact with a worker who is diagnosed with COVID-19 shall be permitted on site and shall quarantine for 14 days.

    j. Indoor workspaces where more than 2 employees are working must have good air circulation.

    k. All operations shall designate a health officer on-site at every shift responsible for ensuring compliance with the Executive Order and the Addenda thereto and applicable ACCD Guidance. This person shall have the authority to stop or modify activities to ensure work conforms with the mandatory health and safety requirements.

    l. All employees, including those already working (except healthcare workers, first responders, and others already trained in infection control, personal protection/universal precautions), must complete, and employers must document, a mandatory training on health and safety requirements as provided by VOSHA, or another training program that meets or exceeds the VOSHA-provided standard.

    2. Enhanced Training Requirements. On April 27, 2020, Vermont Occupational Safety and Health Agency (VOSHA) developed a minimum level of health and safety training to be completed by all employees and documented by businesses and non-profit and government entities in operation, no later than May 4, 2020. VOSHA has undertaken the preparation of translated versions of the training, and those employees and employers who require translated versions shall have an additional week from the date of release of the translation to complete and document the training. VOSHA training establishes a minimum standard for training which will not be sufficient for all businesses and non-profit and government entities to reopen safely during the COVID-19 pandemic.

    Except as set forth below, employers, or industries, trade associations, chambers of commerce or similar representative organizations acting on behalf of employers, shall adopt a training program prior to reopening. In many cases, this will require a plan that augments the VOSHA training standards with additional policies and procedures customized to the unique nature of the entity or sector-specific employment environment. Consideration shall be given to the ability of a particular industry sector or business or non-profit or government entity to deliver goods or services in a manner that does not put either employees or the public at risk of exposure to the COVID-19 virus during an outbreak.

    Augmented plans should assess the need to:

    ACCD shall provide guidance and examples for developing health and safety training plans.

    All businesses and non-profit and government entities who have suspended operations for 7 or more days under Addendum 6 to the Executive Order (Stay Home/Stay Safe) shall have on file a health and safety training plan prior to reopening. The plan shall be made available to VOSHA or to any employee upon request.

    Notwithstanding the foregoing, businesses and non-profits and government entities with fewer than 10 employees at any one office or site of operation, may elect to implement the VOSHA training.

    • Adopt a phased approach to reopening which provides sufficient opportunity to operate first in a low density and low contact environment before making the incremental changes needed to accommodate more moderate density activity while continuing to maintain health and safety.

    • Update physical and administrative safety systems to accommodate COVID-19 VDH/CDC/VOSHA guidelines, health monitoring, including temperature checks, cleaning and sanitizing methods and physical distancing measures.

    • Take appropriate measures to protect employees at greater risk of contact by virtue of their occupational role or setting.

    3. Customer and General Public Mask Use. Customers and the public in general, are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households. Businesses and non-profit and government entities may require customers or clients to wear masks.

    4. Mask Use on Public Transit Conveyances or in Mass Transportation Facilities. The traveling and commuting public shall wear face coverings over their nose and mouth any time they are using public transportation conveyances, including busses, trains and ride services and when in a mass transportation station or terminal, including airports.

    5. Phased Restart. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers and employees to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.

    Subject to compliance by all affected businesses and non-profit and government entities with the health and safety requirements set forth above and ACCD guidance developed in consultation with VDH and the Department of Public Safety/Division of Emergency Management, Phase 3 of this effort, effective May 4, 2020, will allow the following:

    a. Small crews of no more than ten (10) persons per location/job, to perform outdoor work and construction work in unoccupied job sites. An unoccupied job site may be a single unit in a commercial or residential structure. “Unoccupied,” may include sites vacated for the duration of the construction work.

    b. Manufacturing and distribution operations may resume with a maximum of ten (10) employees in any location if they are low-density and ensure employees are at least six feet apart at all times.

    c. Supporting operations may continue with the minimum number of employees necessary to support curbside pick-up and delivery services, and in accordance with the guidance issued by ACCD.

    6. Manufacturing, construction, and distribution operations. Subject to (1) compliance with the health and safety requirements set forth above and ACCD guidance and (2) the development of enhanced training programs as set forth above, effective May 11, 2020, manufacturing, construction, and distribution operations may restart with as few employees as necessary to permit full operations while continuing to maintain health and safety.

    7. Education and Compliance. VOSHA, VDH inspectors and AAFM inspectors shall, in the ordinary course of the performance of their duties, ensure businesses and non-profit and government entities have awareness of and access to the information necessary to comply with the health and safety requirements of this Addendum 12 to the Executive Order.

    8. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements set forth above.

    9. In accordance with Addendum 5 to the Executive Order (Order to Work From Home for all Businesses and Non-Profits) and Stay Home/Stay Safe, all businesses, non-profit entities and government entities shall continue procedures to support work from home and telecommuting for all workers to the extent possible.

    10. All businesses, not-for-profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.

    This Addendum 12 shall take effect upon signing and, except as modified in this Addendum 12, the Executive Order and all Addenda thereto and Directives issued thereunder, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.

    Dated May 1, 2020

    ADDENDUM 13 TO EXECUTIVE ORDER 01-20

    [Play Smart and Play Safe: Restart Phase V]

    WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 900 cases and over 50 related deaths; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including issuing Addenda to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the school year, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which are not deemed critical; and

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont’s economy and recognizes the need to address expanded recreational and social opportunities for Vermonters as well; and

    WHEREAS, as we move forward, Vermonters must understand that how they recreate and socialize is essential to staying safe and saving lives.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:

    1. Play Smart and Play Safe. Addendum 6 to the Executive Order (Stay Home/Stay Safe), is hereby amended to make clear Vermonters may leave home to get fresh air and exercise and resume limited social interactions and gatherings of 10 or fewer, preferably in outdoor settings, provided that physical distancing and protocols for hygiene consistent with guidance from VDH and the Centers for Disease Control (CDC), are observed. To keep disease from spreading this means:

    • Always staying home and away from others if you are sick with COVID-19, have recently been exposed to someone who has COVID-19, or just don’t feel well.

    • Keeping a 6-foot distance from others when you meet people outside of your household.

    • Frequently washing your hands (hand sanitizer is acceptable when soap and water are not available).

    • Coughing and sneezing into your elbow (even if you are wearing a facial covering).

    • Wearing a facial covering over your nose and mouth, as set forth further in Section 3 below.

    Vermonters may leave home to participate in outdoor recreation and outdoor fitness activities that require low or no direct physical contact.

    With respect to these limited social interactions or gatherings of 10 or fewer:

    • Vermonters must prioritize protecting those at higher risk for severe illness.

    • Continue to limit non-essential travel; all travel should be limited to Vermont to the extent possible and when you do travel, limit non-essential stops. Anyone who leaves Vermont for more than one day for non-essential travel is required to quarantine at home for 14-days upon their return.

    Older adults (age 65 and over), and people with underlying medical conditions, like heart and lung disease or diabetes, are more likely to develop severe illness. They should continue to shelter in place, and family and friends should do everything they can to help keep them safe.

    2. Trusted Households. Members of one household may choose to socialize — and allow children to play — with members of another household, such as family, neighbors or friends known to be following VDH/CDC health and safety precautions. The Commissioner of VDH is hereby directed to issue guidance on recommended practices which allow Vermonters to reconnect with small groups of family and friends from “trusted households” in ways that allow them to relax some physical distancing.

    3. General Public Mask Use. All Vermonters are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households, including in congregate outdoor settings. Masks are not recommended for strenuous outdoor activity. Businesses and non-profit and government entities may require customers or clients to wear masks.

    4. Phased Restart: Phrase 5, Outdoor Recreation. Preventing outbreaks and limiting the spread of COVID-19 is the only way to avoid future business and social disruption. The success of this phased restart will depend in large part on the ability of employers, employees and the general public to adhere to the public health, safety, and social distancing measures essential to limiting the spread of illness.

    Effective May 7, 2020, all businesses and non-profit and government entities which support or offer outdoor recreation and outdoor fitness activities that require low or no direct physical contact may begin operations, subject to compliance with the health and safety guidelines and training requirements set out below, and applicable Agency of Commerce and Community Development (ACCD) guidance. These include, but are not limited to state and municipal parks, recreation associations, trail networks, golf courses, big game check stations and guided expeditions. Campgrounds, marinas and beaches shall not be opened at this time. In addition, all businesses and non-profit and government entities which support or offer outdoor recreation and fitness activities must implement the following measures:

    • Require Vermonters participating in outdoor recreation and fitness activities to “arrive, play and leave.” Groups may not congregate before or after activities, for example, no tailgating.

    • Post signage and institute registration processes that reinforce outdoor facilities are only open to Vermonters and those who have met the 14-day quarantine requirement.

    • Post signage, discouraging contact sports and games.

    • Eliminate services or transactions that result in touch points and/or staff-customer interactions that are not absolutely necessary.

    • Reduce high contact surfaces and common areas, including closing waiting areas, removing picnic tables, closing play structures, and offering only rental equipment that can and will be thoroughly disinfected between users.

    • Close indoor facilities that require in-person transactions (such as lobbies, pro-shops and other small retail operations, bars and restaurants), and deliver goods and services for curbside pickup, delivery or via online portals.

    • Restroom facilities may only be opened if they can be regularly cleaned and disinfected in accordance with VDH/CDC guidelines.

    5. Health and Safety Requirements. All businesses and non-profit and government entities which support or offer outdoor recreation and fitness activities shall implement the following physical distancing, health and sanitation measures in accordance with VDH, CDC and ACCD guidelines:

    a. Employees shall not report to, or be allowed to remain at, work or job site if sick or symptomatic (with fever, cough, and/or shortness of breath).

    b. Employees must observe strict social distancing of six feet while on the job. Businesses and non-profit or government entities shall ensure customers observe strict social distancing of six feet while on location, to the extent possible.

    c. Employees must wear face coverings over their nose and mouth when in the presence of others. In the case of retail cashiers, a translucent shield or “sneeze guard” is acceptable in lieu of a mask.

    d. Employees must have easy and frequent access to soap and water or hand sanitizer during duration of work, and handwashing or hand sanitization should be required before entering, and leaving, job sites. All common spaces and equipment, including bathrooms, frequently touched surfaces and doors, tools and equipment, and vehicles must be cleaned and disinfected regularly.

    e. No more than two people shall occupy one vehicle when conducting work.

    f. Prior to the commencement of each work shift, pre-screening, including temperature checks and health survey shall be required to verify each employee has no symptoms of respiratory illness (fever, cough, and/or shortness of breath). At the present time non-contact thermometers are in short supply, however employers shall immediately order, and use their best efforts to obtain, thermometers in order to conduct routine temperature checks.

    g. Signs must be posted at all entrances clearly indicating that no one may enter if they have symptoms of respiratory illness.

    h. No congregation of employees shall be permitted on site, except for necessary work.

    i. No workers who have knowledge of contact with a worker who is diagnosed with COVID-19 shall be permitted on site and shall quarantine for 14 days.

    j. Indoor workspaces where more than two employees are working must have good air circulation.

    k. All operations shall designate a health officer on-site at every shift responsible for ensuring compliance with the Executive Order and the Addenda thereto and applicable ACCD Guidance. This person shall have the authority to stop or modify activities to ensure work conforms with the mandatory health and safety requirements.

    l. All employees, including those already working (except healthcare workers, first responders, and others already trained in infection control, personal protection/universal precautions), must complete, and employers must document, a mandatory training on health and safety requirements as provided by VOSHA, or another training program that meets or exceeds the VOSHA-provided standard.

    6. Enhanced Training Requirements. Businesses and non-profit and government entities, with over 10 employees, which support or offer outdoor recreation and fitness activities, or trade associations, chambers of commerce or similar representative organizations acting on behalf of employers, shall adopt a health and safety training program prior to reopening. In many cases, this will require a plan that augments the VOSHA training standards with additional policies and procedures customized to the unique nature of the entity or sector-specific employment environment. Consideration shall be given to the ability of a particular industry sector or business or non-profit or government entity to deliver goods or services in a manner that does not put either employees or the public at risk of exposure to the COVID-19 virus during an outbreak. The plan shall be made available to VOSHA or to any employee upon request.

    Augmented plans should assess the need to:

    ACCD shall provide guidance and examples for developing health and safety training plans.

    • Adopt a phased approach to reopening which provides sufficient opportunity to operate first in a low density and low contact environment before making the incremental changes needed to accommodate more moderate density activity while continuing to maintain health and safety.

    • Update physical and administrative safety systems to accommodate COVID-19 VDH/CDC/VOSHA guidelines, health monitoring, including temperature checks, cleaning and sanitizing methods and physical distancing measures.

    • Take appropriate measures to protect employees at greater risk of contact by virtue of their occupational role or setting.

    7. Education and Compliance. State agencies and departments which may regulate businesses and non-profit and government entities which support or offer outdoor recreation and fitness activities shall, in the ordinary course of the performance of their duties, ensure businesses and non-profit and government entities have awareness of and access to the information necessary to comply with the health and safety requirements of this Addendum 13 to the Executive Order.

    8. Businesses and non-profit and government entities deemed critical in accordance with Addendum 6 to the Executive Order and ACCD Sector Guidance (Stay Home/Stay Safe), may continue to operate under pre-existing guidance and shall operate in accordance with mandatory health and safety and training requirements set forth above.

    9. All businesses, not-for profit entities and government entities are encouraged to continue business strategies, procedures and practices to maximize use of on-line presence, telephone and web-based service delivery and phone or online orders for term curb-side pick-up and delivery.

    This Addendum 13 shall take effect upon signing and, except as modified in this Addendum 13, the Executive Order and all Addenda thereto and Directives issued thereunder, shall continue in full force and effect until midnight on May 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Addendum.

    Dated May 6, 2020

    ADDENDUM 14 TO EXECUTIVE ORDER 01-20

    [Extension of State of Emergency Declared March 13, 2020; Be Smart/Stay Safe]

    WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (“CDC”) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (“COVID-19”), in the United States; and

    WHEREAS, the Governor directed the Vermont Department of Health (“VDH”) to activate the Health Operations Center in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

    WHEREAS, in March 2020, the Governor directed the Department of Public Safety, Division of Vermont Emergency Management (“DPS/VEM”) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (“SEOC”), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and

    WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and

    WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, on Friday, March 13, 2020, President Trump issued a national emergency declaration for the COVID-19 pandemic; and

    WHEREAS, the Governor, in consultation with VDH and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including:

    • Directive 1 issued March 15, 2020, to all School Boards and Superintendents for Continuity of Education Planning which closed all schools to in-person education and required planning for education continuity;

    • Addendum 1 to the Executive Order issued March 16, 2020, which modified the Executive Order to prohibit all non-essential mass gatherings to the lesser of fifty (50) people or fifty percent (50%) of the occupancy of a facility at the same time for social, recreational or entertainment activities;

    • Addendum 2 to the Executive Order issued March 17, 2020 ordering restaurants, bars, or establishments that offer food or drink to suspend on-premises consumption of food or drink;

    • Directive 2 issued March 17, 2020 to all School Boards, Superintendents, and Child Care Programs to close childcare centers and provide for services to children of Essential Persons during the closure period in response to COVID-19;

    • Directive 3 issued March 18, 2020 directing Department of Motor Vehicle services to provide online, by mail or phone, and suspend all in-person transactions;

    • Directive 4 issued March 19, 2020 to the Department of Liquor and Lottery authorizing take-out, curbside pickup and delivery of beverage alcohol, including spirit-based drinks and malt and vinous product accompanying food orders for off-premise consumption;

    • Addendum 3 to the Executive Order issued March 20, 2020, requiring the postponement of all non-essential adult elective surgery and medical and surgical procedures;

    • Addendum 4 to the Executive Order issued March 21, 2020, which suspended the operation of close-contact businesses and further restricted the size of mass gatherings;

    • Addendum 5 to the Executive Order issued March 23, 2020, which ordered all businesses and non-profits to institute work from home procedures to the extent possible;

    • Addendum 6 to the Executive Order issued March 24, 2020, which ordered all Vermonters to stay home, stay safe with the exception of those performing critical services (“Stay Home/Stay Safe”);

    • Directive 5 issued March 25, 2020 clarifying schools for preK-12 students shall remain dismissed for in-person instruction for the remainder of the 2019-2020 school year and required schools to have continuity of learning plans for remote learning implemented on or before Monday, April 13, 2020;

    • Addendum 7 to the Executive Order issued March 30, 2020, which imposed quarantine restrictions on travelers arriving in Vermont and clarified the closure of lodging operations;

    • Addendum 8 to the Executive Order issued April 3, 2020, which clarified the Governor’s direction to provide non-congregate sheltering in Vermont and extended certain deadlines relating to closures of DMV and bars and restaurants; and

    • Addendum 9 to the Executive Order issued April 10, 2020, which extended the Executive order through May 15 and made other directives and clarifications.

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, as of April 17, 2020, the Governor began to undertake a phased approach set forth below, to reopen the economy, addressing the need to restore and strengthen the State’s overall social and economic wellbeing while including measures for the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date:

    • Phase 1 set forth in Addendum 10 to the Executive Order issued April 17, 2020, which outlined principles and safety precautions for a phased restart of the Vermont economy, allowed small crews for outside construction or other outdoor trade jobs, and single-worker professional services and clarified guidance for retailers to allow additional operations using delivery and curbside service;

    • Phase 2 set forth in Addendum 11 to the Executive Order issued April 24, 2020, which allowed an expansion of small crews for construction and resumption of manufacturing and distribution operations with small crews, in-person shopping at outdoor retail operations and farmers markets and offered clarity for library operations;

    • Phase 3 set forth in Addendum 12 to the Executive Order issued May 1. 2020, which required enhanced training for larger operations and mask use on public transit and in public transportation facilities, and allowed further phased expansion, up to full operations, of construction, manufacturing and distribution operations;

    • Phase 4 set forth in an Amendment to Addendum 3 to the Executive Order issued May 4, 2020, which allowed for the phased restart of elective medical and surgical procedures;

    • Phase 5 set forth in Addendum 13 to the Executive Order issued May 6, 2020, which expanded some outdoor recreation and allowed limited social interactions; and

    • Phase 6 set forth in an Amendment to Addendum 6 to the Executive Order (Stay Home/Stay Safe) issued May 13, 2020, which allowed for limited resumption of retail operations which were not deemed critical under Stay Home/Stay Safe; and

    WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH and DPS/VEM, based on the best science and data available, to extend the State of Emergency for the State of Vermont through Monday, June 15, 2020; and

    WHEREAS, the Governor has further determined, in consultation with the Commissioner of VDH and DPS/VEM, based on the best science and data available, to further modify Addendum 6 to the Executive Order to expand the range of activities and travel Vermonters may enjoy with an understanding that VDH and CDC health and safety measures should be followed; and

    WHEREAS, the Governor has determined to authorize lodging facilities to resume operations on a limited basis beginning May 22, 2020, subject to further action as needed to respond to continued COVID-19 response.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby declare the State of Emergency for the State of Vermont shall be extended through midnight on Monday, June 15, 2020.

    IT IS FURTHER ORDERED:

    1. Except as set forth herein, the Executive Order and all Directives and Addenda, as amended, issued thereunder shall continue in full force and effect until midnight on June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend the State of Emergency.

    2. Be Smart/Stay Safe: Section 1 of Addendum 6 of the Executive Order (Stay Home/Stay Safe), is hereby amended and restated as follows:

    To preserve the public health and safety, to ensure the healthcare delivery system is capable of serving all, and to help protect those at the highest risk and vulnerability, Vermonters are encouraged to limit their exposure to disease outside their homes or places of residence as much as possible.

    Vermonters should travel only as needed:

    • For personal safety, medical care and care of others;

    • For work, although all workers should continue to work remotely whenever possible;

    • For shopping and services available at all businesses and non-profit and government entities determined to be critical and those which have been authorized to resume operations;

    • To get fresh air and exercise by taking advantage of outdoor recreation and outdoor fitness activities that require low or no direct physical contact;

    • For limited social interactions and gatherings of 10 or fewer, preferably in outdoor settings; and

    • For in-state stays at available lodging, campground and marina facilities.

    To keep disease from spreading, Vermonters should maintain physical distancing and protocols for hygiene recommended in guidance from CDC, VDH and other designated state agencies and departments. This means:

    • Always staying home and away from others if you are sick with COVID-19, have recently been exposed to someone who has COVID-19, or just don’t feel well;

    • Keeping a 6-foot distance from others when you meet people outside of your household;

    • Frequently washing your hands (hand sanitizer is acceptable when soap and water are not available);

    • Coughing and sneezing into your elbow (even if you are wearing a facial covering);

    • Wearing a facial covering over your nose and mouth when you are in close proximity to others from outside your household; and

    • Limiting travel to within Vermont to the extent possible and when you do travel, limit non-essential stops.

    Older adults (age 65 and over), and people with underlying medical conditions, like heart and lung disease or diabetes, are more likely to develop severe illness. They should continue to shelter in place, and Vermonters should do everything they can to help keep them safe.

    3. General Public Mask Use. All Vermonters are encouraged to wear face coverings over their nose and mouth any time they are interacting with others from outside their households, including in congregate outdoor settings where it is not possible to maintain physical distancing. Masks are not recommended for strenuous outdoor activity, anyone under the age of 2, anyone with a medical condition that is complicated or irritated by a facial covering, or anyone with difficulty breathing. Masks are not required when eating in outdoor settings. Businesses and non-profit and government entities may require customers or clients to wear masks. The legislative body of each municipality may enact more strict local requirements regarding mask use than those set forth herein.

    4. Lodging Operations. Addendum 6 and Addendum 7 to the Executive Order are hereby modified to allow the limited resumption of lodging operations, including hotels, motels, bed and breakfasts, inns, short term rentals, such as those made available through VRBO, Homeaway, AirBnb and other services, parks for recreational vehicles and campgrounds, all public and private camping facilities including those managed by the Vermont Department of Parks and Recreation, and marinas.

    Lodging may be provided for the following purposes:

    a. Housing vulnerable populations (emergency shelter for homeless individuals) as arranged through the state;

    b. Providing accommodations for health care workers, other workers deemed necessary to support public health, public safety or critical infrastructure and workers entering the state for authorized work;

    c. Use of lodging properties as quarantine facilities as arranged by the state; and

    d. Lodging for Vermont residents and others who certify self-quarantine for a minimum of 14 days prior to lodging overnight in Vermont.

    On-line reservations may be resumed as of the date of this Addendum for stays beginning May 22, 2020. Lodging providers, and the online platforms that facilitate rentals and reservations, shall clearly post a prominent notice on their web platforms which advises potential guests of the health and safety requirements currently applicable to lodging and gatherings in Vermont.

    The Secretary of the Agency of Commerce and Community Development (ACCD) shall issue mitigation requirements and procedures which require implementation of appropriate occupancy limits for stays and events and physical distancing, health and sanitation and training measures. The Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize additional limited, incremental, and phased resumption of lodging operations and update and modify the mitigation requirements and procedures regarding the resumption of lodging operations.

    If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and lodging operations cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19 and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all lodging operations to return to certain standards of operation.

    5. For the sake of clarity, Addendum 2 to the Executive Order dated March 16, 2020, which prohibited on-premises consumption of food or drink, Addendum 4 to the Executive Order dated March 20, 2020, which suspended the operation of close contact businesses, and Addendum 5 to the Executive Order dated March 23, 2020, which required all businesses, and non-profit and government entities to implement telework procedures to the extent possible, shall remain in full force and effect. Addendum 6 to the Executive Order dated March 24, 2020 (Stay Home/Stay Safe) shall remain in effect except as modified by Addendum 10, Addendum 11, Addendum 12, Addendum 13, Amendment, this Addendum 14 and mitigation requirements and procedures for the limited, incremental and phased resumption of business, non-profit and government entity operations issued by the Secretary of ACCD with the approval of the Governor. Businesses and non-profit and government entities which have not been authorized to resume operations as of the date of this Executive Order shall be addressed at a later date.

    This Addendum 14 shall take effect upon signing and shall continue in full force and effect until midnight on June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.

    Dated May 15, 2020

    ADDENDUM 15 TO EXECUTIVE ORDER 01-20

    [Outdoor Restaurants, Bars and Other Establishments that Offer Food and Drink]

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, the Governor, in consultation with Vermont Department of Health (“VDH”), and the Vermont Agency of Human Services, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this public health emergency including the issuance of Addendum 2 to the Executive Order issued March 17, 2020 ordering restaurants, bars, or establishments that offer food or drink to suspend on-premises consumption of food or drink; and

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, as of April 17, 2020, the Governor began to undertake a phased approach to reopen the economy, addressing the need to restore and strengthen the State’s overall social and economic wellbeing while including measures for the prevention of a resurgence of COVID-19 that would undermine or lose the important public health outcomes achieved to date; and

    WHEREAS, the Governor has determined, in consultation with the Commissioner of VDH, to consent to issuance by the Secretary of the Agency of Commerce and Community Development (ACCD), the limited, incremental, and phased resumption of restaurant and bar operations, subject to further action as needed to respond to continued COVID-19 response; and

    WHEREAS, the Governor has further determined to provide clarity regarding the suspension of fairs and festivals in 2020.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws hereby order as follows:

    1. Restaurant and Bar Operations. Effective May 22, 2020, Addendum 2 to the Executive Order is hereby modified to allow the limited resumption of restaurant and bar operations in accordance with the general health and safety requirements and the mitigation requirements and procedures regarding restaurant operations issued by the Secretary of ACCD.

    If the Commissioner of VDH has determined that a COVID-19 outbreak has occurred and restaurant and bar operations cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19 and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all restaurant or bar operations to return to certain standards of operation.

    2. State Regulation. Effective May 22, 2020, the rules of the Board of the Department of Liquor and Lottery (Board) are hereby amended or rescinded, or shall be interpreted as necessary, to allow first, third and fourth class licensees to offer outdoor consumption of beverage alcohol with, or independent of the sale of food, as follows:

    DLL will waive all fees for an application for an initial or modified Outdoor Consumption Permit.

    The Board shall not penalize any licensee who is in compliance with the terms of this Executive Order and any approved guidance issued hereunder.

    Restaurants, bars, or other establishments that offers food or drink may continue to offer food and beverage alcohol for take-out and delivery.

    • Licensees must submit a notice document to the Department of Liquor and Lottery (DLL), using an on-line form available at liquorcontrol.vermont.gov, to indicate intent to apply for an initial or modified Outdoor Consumption Permit. Upon submission of the notice, licensees may begin to offer outdoor consumption of beverage alcohol with, or independent of the sale of food in accordance with ACCD guidance.

    • Licensees must describe the area to be used for outdoor consumption of beverage alcohol and include in this description what physical barrier will define the perimeter of the area to be used.

    • A licensee must have a legal control over, local authority to use or a legally binding agreement to use, the area it is applying to utilize.

    • A licensee shall immediately submit its Outdoor Consumption Permit application to DLL for approval.

    • DLL shall make best efforts to process all permit applications within 48 hours of submission.

    • Applicants shall have until June 12, 2020 to obtain the approval of the local jurisdiction and may operate in accordance with the DLL permit pending that determination.

    • Permits disapproved by a local jurisdiction shall be deemed disapproved by DLL.

    3. Local Ordinance and Regulation. Enforcement of all municipal ordinances and regulations requiring an applicant to receive an approval or permit for outdoor food and beverage service is hereby suspended until such time as the local jurisdiction has acted to disapprove an Outdoor Consumption Permit issued by DLL hereunder. All applications may be subject to review and approval by the local jurisdiction and reasonable conditions may be imposed, provided that nothing in this Order shall require a municipality to approve an Outdoor Consumption Permit.

    Failure of a local jurisdiction to impose conditions on, or disapprove, an Outdoor Consumption Permit on or before June 12, 2020 shall be deemed approval.

    4. Fairs and Festivals. Vermonters planning fairs and festivals require certainty given the long lead time necessary for the successful operation of these fairs and festivals. For the sake of clarity, in light of the importance of maintaining the public health outcomes achieved to date, and continuing to make more progress in suppressing, containing and eliminating the spread of the virus, how people gather, and in what quantity, will continue to change in the months ahead. This will be problematic for large event planning purposes over the next 3-4 months and therefore traditional fairs and festivals are hereby cancelled until further notice.

    This shall not prevent fairgrounds and other indoor and outdoor venues from operating for sporting, entertainment, concerts and other events in accordance with then applicable VDH/ACCD guidance on gathering size, occupancy limits, distancing and other health and safety requirements.

    This Addendum 15 shall take effect upon signing and shall continue in full force and effect until midnight on June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and the Department of Public Safety shall assess the emergency and determine whether to amend or extend this Addendum.

    Dated May 22, 2020

    ADDENDUM 16 TO EXECUTIVE ORDER 01-20

    [Close Contact Businesses; Large Social Gatherings]

    WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced almost 1,000 cases and over 50 related deaths; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, the Executive Order expressly recognized the critical need to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities and imposed a limit on the size of mass gatherings; and

    WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of the Department of Health (VDH), the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness, including suspension of the operations of close contact businesses, additional limits on the size of gatherings and self-quarantine requirements for those travelling to Vermont to stay; and

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont’s economy and continues to do so with the limited reopening of close contact businesses and incremental increases to the size of gatherings.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby supplement Addendum 4 to the Executive Order to direct the Secretary of the Agency of Commerce and Community Development (ACCD) to issue mitigation requirements and procedures for the limited, incremental and phased resumption of close contact businesses such as gymnasiums, fitness centers and similar exercise facilities, nail salons, spas and tattoo parlors business, effective June 1, 2020. The limited, incremental, and phased resumption of close contact businesses shall require implementation of appropriate occupancy limits and physical distancing, health and sanitation and training measures.

    IT IS FURTHER ORDERED:

    1. Large Gatherings. As of June 1, 2020, Section 6 of the Executive Order and Addendum 4 to the Executive Order are amended to allow social gatherings of up to twenty-five (25) people at the same time in any confined indoor or outdoor space which encourages congregation; provided however, to the extent the Secretary of ACCD has established occupancy limits for business and non-profit and government entity operations, including, but not limited to, retail, recreational, dining, worship and event spaces in order to ensure appropriate physical distancing, applicable occupancy limits shall apply. Absent an established occupancy limit, the limit on social gatherings as set forth herein and modified by the Secretary of ACCD, shall apply.

    Questions from commercial entities, employers, event sponsors and others shall be directed to ACCD which shall provide appropriate guidance.

    2. Authority of the Secretary. The Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize the additional limited, incremental, and phased resumption of close contact businesses, and update and modify the mitigation requirements and procedures regarding the resumption of close contact businesses.

    If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and close contact businesses cannot safely operate in a way that 1) limits the exposure of customers and staff to COVID-19; and 2) does not threaten to overwhelm our hospitals and healthcare resources, he is hereby authorized, with approval of the Governor, to notify and require any or all businesses and non-profit and government entities to return to certain standards of operation.

    Further, the Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, may, from time-to-time, authorize additional limited and incremental increases to gathering size.

    If the Commissioner of the VDH has determined that a COVID-19 outbreak has occurred and Vermonters cannot safely congregate in gatherings due to increased risk of exposure to COVID-19, he is hereby authorized, with approval of the Governor, to decrease the size of gatherings as necessary to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities.

    This Addendum 16 to the Executive Order shall take effect upon signing and shall continue in full force and effect until June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health and Agency of Human Services, the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

    Dated May 29, 2020

    ADDENDUM 17 TO EXECUTIVE ORDER 01-20

    [Modified Quarantine Restrictions on Travelers Arriving in Vermont; Municipal Regulation of Bars and Restaurants]

    WHEREAS, on March 7, 2020 and March 11, 2020, the Vermont Department of Health (VDH) detected the first two cases of COVID-19 in Vermont and almost two months later Vermont has experienced over 1,000 cases and 55 related deaths; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19; and

    WHEREAS, the Executive Order expressly recognized the critical need to minimize the risk to the public, maintain the health and safety of Vermonters, and limit the spread of infection in our communities and within our healthcare facilities; and

    WHEREAS, consistent with Centers for Disease Control (CDC) guidelines regarding social distancing, and in consultation with the Commissioner of VDH, the Governor has directed a number of mitigation strategies for the State in order to protect individuals at risk for severe illness, including self-quarantine requirements for residents and non-residents travelling to Vermont to stay; and

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would be threatening to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, the Governor has undertaken a cautious, incremental and evidence-based approach to restarting Vermont’s economy and continues to do so with the modification of the State’s quarantine requirements to facilitate travel into Vermont without home-quarantine for a period of fourteen (14) days, based on data regarding rates of COVID-19 infection; and

    WHEREAS, the impact of COVID-19 on the Northeast United States has been significant with approximately 41 percent of all confirmed U.S. cases located within a 5-hour drive of the Vermont border, however, analysis by the State has found many counties in New York and New England currently have a low active case count making the risk of COVID-19 transmission for those traveling from those counties to Vermont low.

    NOW THEREFORE, I, Philip B. Scott, by virtue of the authority vested in me as Governor of Vermont by the Constitution of the State of Vermont, the emergency powers set forth in 20 V.S.A. §§ 8, 9 and 11 and other laws, hereby order the following:

    1. Amendment to Addendum 7 to the Executive Order. Effective Monday, June 8. 2020, Addendum 7 to the Executive Order is hereby further amended to allow travel without quarantine restrictions to and from the counties of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut and New York with 400 or fewer active cases of COVID-19 per million, and as further set forth in guidance issued by the Secretary of the Agency of Commerce and Community Development (ACCD).

    2. The Commissioner of the Department of Financial Regulation (DFR) shall report to the Governor on a weekly basis on the regional data regarding rates of COVID-19 infection, by county, for New York and each New England state. The list of qualifying counties shall be updated weekly and posted to the website of ACCD.

    3. The Secretary of ACCD, in consultation with the Commissioner of DFR and the Commissioner of VDH, with the approval of the Governor, may, from time-to-time, determine quarantine requirements designed with reference to state and regional COVID-19 infection rates to be the least restrictive means necessary to preserve the public health and safety, ensure the healthcare delivery system is capable of serving all, and help protect those at the highest risk and vulnerability.

    4. The Agency of Transportation and the Department of Motor Vehicles are hereby directed to post this guidance at all major points of entry into Vermont, on highway message boards and at the Burlington International Airport and all other Vermont airports.

    5. Guidance for self-quarantine shall be made available by ACCD and VDH.

    6. Vermonters planning to travel out of state should understand that each state may have its own quarantine policy unique to the needs of that jurisdiction to address the COVID-19 crisis. Vermonters are expected to be familiar with and respect the quarantine policies of these states when travelling.

    7. Restaurant, Bar and Catering Operations; State Regulation. For the sake of clarity, Addendum 14 to the Executive Order is intended to authorize the Secretary of ACCD, in consultation with the Commissioner of VDH, and with the approval of the Governor, to, from time-to-time, implement the additional limited, incremental, and phased resumption of indoor and outdoor restaurant, bar and catering businesses, and update and modify the mitigation requirements and procedures regarding the resumption of those businesses.

    Further, for the sake of clarity, the Board of the Department of Liquor and Lottery (Board) is hereby directed to amend, rescind, or interpret its rules, procedures and permitting requirements as necessary, to allow first, third and fourth class licensees, licensed caterers and licensed manufacturers to resume operations in accordance with ACCD guidance for both outdoor and indoor restaurant and bar operations and catering events.

    8. Municipal Ordinances and Regulations for the Restart of Bars. The legislative body of each municipality may enact local requirements which are more strict than the guidance issued by ACCD regarding the operation of bars, catering facilities and restaurants, to address an outbreak of COVID-19 in the municipality.

    Except as otherwise set forth herein, Addendum 7 to the Executive Order as amended in Addendum 14 to the Executive Order and as amended herein, and this Addendum to the Executive Order shall take effect upon signing and shall continue in full force and effect until June 15, 2020, at which time the Governor, in consultation with the Vermont Department of Health, the Agency of Human Services and the Department of Public Safety/Division of Emergency Management shall assess the emergency and determine whether to amend or extend this Order.

    Dated June 5, 2020.

    AMENDED AND RESTATED EXECUTIVE ORDER NO. 01-20

    [Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out]

    WHEREAS, since December 2019, Vermont has been working in close collaboration with the national Centers for Disease Control and Prevention (CDC) and with the United States Health and Human Services Agency to monitor and plan for the potential for an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19), in the United States; and

    WHEREAS, this rapidly evolving global situation required the Governor to direct the Vermont Department of Health (VDH) to activate the Health Operations Center (HOC) in February 2020 when VDH began to monitor and later, test Vermonters who may have been exposed to COVID-19; and

    WHEREAS, in March 2020, the Governor directed Vermont Emergency Management (VEM) to assemble an interagency taskforce, and later to activate the Vermont State Emergency Operations Center (SEOC), in accordance with the State Emergency Management Plan, to organize prevention, response, and mitigation efforts and share information with local and state officials; and

    WHEREAS, on March 7, 2020 and March 11, 2020, VDH detected the first two cases of COVID-19 in Vermont; and

    WHEREAS, on March 11, 2020 the World Health Organization made the assessment that COVID-19 can be characterized as a pandemic; and

    WHEREAS, we learned that while most individuals affected by COVID-19 will experience mild flu-like symptoms, some individuals, especially those who are elderly or already have severe underlying chronic health conditions will have more serious symptoms and require hospitalization; and

    WHEREAS, on Friday, March 13, 2020, the Governor issued Executive Order 01-20, Declaration of State of Emergency in Response to COVID-19 and National Guard Call-Out (“Executive Order”), declaring a state of emergency for the State of Vermont in response to COVID-19 (extended April 10 and May 15, 2020); and

    WHEREAS, at the federal level, three separate emergency declarations were declared and remain in effect: a Health and Human Services (HHS) Public Health Emergency (January 31, 2020 renewed April 21, 2020), a Stafford Act Emergency (March 13, 2020), and a National Emergency (March 13, 2020); and

    WHEREAS, all states in the region, including Vermont, have experienced community transmission of COVID-19 which has led to hundreds of thousands of cases and thousands of deaths, with at least one-third of all cases nationally found within a five hour drive of Vermont’s borders; and

    WHEREAS, the Governor, in consultation with VDH, has initiated aggressive and sustained efforts to protect property and public health, and to ensure public safety in this health emergency including issuing an Executive Order, as supplemented and amended and Directives issued pursuant to the Executive Order to limit in-person contact, such as limiting the size of gatherings, closure of schools and the institution of remote learning through the end of the 2019-2020 school year, directing the postponement of non-essential medical and surgical procedures, suspending the operation of close contact businesses, requiring telecommuting and work from home, requiring Vermonters to stay home and stay safe with exceptions for essential purposes and suspending the operation of businesses which were not deemed critical to public health and safety and national and economic security; and

    WHEREAS, modeling studies done for the State clearly show that, but for the mitigation measures taken to date, the number of COVID-19 cases and COVID-19 related deaths in the State and the region would be having a much more devastating effect on Vermonters and would have threatened to overwhelm the capacity of the Vermont health care system; and

    WHEREAS, the Governor has undertaken a cautious, measured and data-based approach to restarting Vermont’s economy to minimize the risk to the public by limiting the spread of infection in our communities in order to protect the most vulnerable, while reopening our business, non-profit, government and recreation sectors in a safe and effective way; and

    WHEREAS, numerous tools needed to address response efforts remain in place by virtue of the State of Emergency declaration, including protections for residents of long term and other medical care facilities, licensing and regulatory flexibility needed to facilitate the medical response, health and safety requirements, expanded housing and meal delivery systems, expanded eligibility for unemployment insurance, tools needed by certain businesses to maintain a minimum level of economic sustainability, and federal emergency funding; and

    WHEREAS, the General Assembly has passed no fewer than seven COVID-19-related measures dependent on the existence of a declared State of Emergency, including three delivered to the Governor as recently as June 9, 2020, that support health care providers, provide flexibility to the Office of Professional Responsibility, VDH and the Green Mountain Care Board with respect to health care and social service provider licensing, ensure expanded health insurance coverage, facilitate prescription renewals, provide flexibility regarding unemployment insurance, assist Vermonters with motor vehicle licensing and other matters, impose moratoria on evictions and water and sewer s