Thumbnails Outlines
House Calendar
Saturday May 3, 2014
117th DAY OF THE ADJOURNED SESSION
House Convenes at 9:00 AM
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Action Postponed Until May 5, 2014
Third Reading
S. 184
An act relating to eyewitness identification policy .......................... 3116
Rep. Kilmartin Amendment ........................................................................ 3116
S. 295
An act relating to pretrial services, risk assessments, and criminal
justice programs ........................................................................................... 3116
Favorable with Amendment
S. 213
An act relating to an employee’s use of benefits ............................. 3116
Rep. Moran for General. Housing and Military Affairs
Rep. Stevens et al Amendment .................................................................... 3118
Favorable with Amendment
S. 256
An act relating to the solemnization of a marriage by a Judicial Bureau
hearing officer ............................................................................................. 3118
Rep. Lippert for Judiciary
Rep. Buxton Amendment ............................................................................ 3119
ACTION CALENDAR
Third Reading
J.R.H. 19
Relating to encouraging New Hampshire to enact laws protecting
emergency responders from across state lines ............................................. 3119
S. 28
An act relating to gender-neutral nomenclature for the identification of
parents on birth certificates ......................................................................... 3119
S. 168
An act relating to making miscellaneous amendments to laws governing
municipalities .............................................................................................. 3119
S. 195
An act relating to increasing the penalties for second or subsequent
convictions for disorderly conduct, and creating a new crime of aggravated
disorderly conduct ....................................................................................... 3119
S. 218
An act relating to temporary employees .......................................... 3119
S. 221
An act relating to providing statutory purposes for tax expenditures3119
S. 225
An act relating to a report on recommended changes in the structure of
Vermont State employment in order to reduce employment-related stress. 3120
Favorable with Amendment
S. 202
An act relating to the energy efficiency charge ................................ 3120
Rep. Ellis for Natural Resources and Energy
Favorable
S. 316
An act relating to child care providers ............................................. 3121
Rep. Stevens for General, Housing, and Military Affairs
Rep. Keenan for Appropriations .................................................................. 3121
Senate Proposal of Amendment
H. 88
Parental rights and responsibilities involving a child conceived as a
result of a sexual assault .............................................................................. 3121
H. 217
Smoking in lodging establishments, hospitals, and child care facilities,
and on State lands ........................................................................................ 3124
H. 681
The professional regulation for veterans, military service members, and
military spouses .......................................................................................... 3126
H. 823
Encouraging growth in designated centers and protecting natural
resources ...................................................................................................... 3127
S. 211
An act relating to permitting of sewage holding and pumpout tanks for
public buildings ........................................................................................... 3132
S. 220
An act relating to furthering economic development ....................... 3132
Committee of Conference Report
H. 526
The establishment of lake shoreland protection standards .............. 3180
NOTICE CALENDAR
Favorable with Amendment
S. 40
An act relating to establishing an interim committee that will develop
policies to restore the 1980 ratio of state funding to student tuition at Vermont
State Colleges and to make higher education more affordable ................... 3200
Rep. Buxton for Education
Rep. Miller for Appropriations .................................................................... 3202
S. 269
An act relating to business consumer protection and data security
breaches ....................................................................................................... 3202
Rep. Marcotte for Commerce and Economic Development
Senate Proposal of Amendment
H. 270
Providing access to publicly funded prekindergarten education .... 3202
H. 612
Gas Pipeline Safety Program penalties ........................................... 3203
H. 882
Compensation for certain State employees ..................................... 3204
Ordered to Lie
S. 91
An act relating to privatization of public schools .............................. 3204
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ORDERS OF THE DAY
ACTION CALENDAR
Action Postponed Until May 5, 2014
Third Reading
S. 184
An act relating to eyewitness identification policy
Amendment to be offered by Rep. Kilmartin of Newport City to S. 184
S.184
(e)(1)
On or before September 1, 2014, every State, local, county, and
municipal law enforcement agencies that employ one or more certified law
enforcement officers are encouraged to work with the Vermont Association of
Chiefs of Police to extend the collection of roadside-stop race data uniformly
throughout state law enforcement agencies, with the goal of obtaining uniform
roadside-stop race data for analysis agency shall collect roadside stop data,
including the age, gender, race, and ethnicity of drivers.
Law enforcement
agencies shall work with the Vermont Criminal Justice Training Council with
the goals of collecting uniform data, adopting uniform storage methods and
periods, and ensuring that data can be analyzed.
(2)
Except as provided in subdivision (3) of this subsection, roadside
stop data shall be public.
(3)
The driver’s name and any other personally identifying information
contained in roadside stop data collected under this subsection shall be:
(A)
confidential and exempt from public inspection and copying
under the Public Records Act; and
(B) not discoverable in any civil or criminal proceeding.
S. 295
An act relating to pretrial services, risk assessments, and criminal justice
programs
Favorable with Amendment
S. 213
An act relating to an employee’s use of benefits
- 3117 -
Rep. Moran of Wardsboro,
for the Committee on
General, Housing and
Military Affairs,
recommends that the House propose to the Senate that the
bill be amended by striking all after the enacting clause and inserting in lieu
thereof the following:
Sec. 1.
EMPLOYEE USE OF BENEFITS STUDY
(a)
Creation.
There is created an Employee Use of Benefits Study
Committee to study the issue of no-fault employment policies.
(b)
Membership.
The Employee Use of Benefits Study Committee shall be
composed of the following members:
(1)
the Commissioner of Labor or designee;
(2)
the Attorney General or designee; and
(3)
any members from the business or labor communities or other
interested parties that the members listed in subdivisions (1) and (2) of this
subsection mutually agree upon, not to exceed seven additional members.
(c)
Powers and duties.
The Committee shall:
(1)
study the issue of no-fault employment policies; and
(2)
assess how no-fault employment policies relate to an employee’s use
of benefits, such as policies addressing attendance incentives, tardiness or
unexcused absences, procedures for using sick leave or other benefits, or
seniority calculations.
(d)
Report.
On or before January 15, 2015, the Committee shall submit a
written report to the Senate Committee on Economic Development, Housing
and General Affairs and the House Committee on General, Housing and
Military Affairs.
(e)
Reimbursement.
Members of the Committee shall not be entitled to per
diem compensation or reimbursement of expenses.
Sec. 2.
21 V.S.A. § 496b is added to read:
§ 496b.
EMPLOYEE USE OF BENEFITS
An employer, employment agency, or labor organization shall not discharge
or in any other manner discriminate against or penalize an employee because
the employee has used, or attempted to use, accrued employer-provided sick
leave.
This section shall not diminish any rights under this chapter or pursuant
to a collective bargaining agreement.
Sec. 3.
EFFECTIVE DATES
(a)
This section and Sec. 1 shall take effect on passage.
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(b)
Sec. 2 shall take effect on July 1, 2015.
(Committee vote: 6-1-1 )
(For text see Senate Journal 2/14/2014 )
Favorable with Amendment
Amendment to be offered by Stevens of Shoreham Reps. Connor of
Fairfield, and Conquest of Newbury, to S. 213
Sec. 2.
EFFECTIVE DATE
This act shall take effect on passage.
Favorable with Amendment
S. 256
An act relating to the solemnization of a marriage by a Judicial Bureau
hearing officer
Rep. Lippert of Hinesburg,
for the Committee on
Judiciary,
recommends
that the House propose to the Senate that the bill be amended by striking all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1.
18 V.S.A. § 5144 is amended to read:
§ 5144.
PERSONS AUTHORIZED TO SOLEMNIZE MARRIAGE
(a)
Marriages may be solemnized by a supreme court justice Supreme
Court Justice, a superior Superior judge, a judge of probate Probate, an
assistant judge, a justice of the peace, a magistrate, a Judicial Bureau hearing
officer, an individual who has registered as an officiant with the Vermont
secretary of state Secretary of State pursuant to section 5144a of this title, a
member of the clergy residing in this state State and ordained or licensed, or
otherwise regularly authorized thereunto by the published laws or discipline of
the general conference, convention, or other authority of his or her faith or
denomination, or by such a clergy person residing in an adjoining state or
country, whose parish, church, temple, mosque, or other religious organization
lies wholly or in part in this state State, or by a member of the clergy residing
in some other state of the United States or in the Dominion of Canada,
provided he or she has first secured from the probate division of the superior
court Probate Division of the Superior Court in the unit within which the
marriage is to be solemnized a special authorization, authorizing him or her to
certify
the
marriage
if
the probate Probate judge
determines
that
the
circumstances make the special authorization desirable.
Marriage among the
- 3119 -
Friends or Quakers, the Christadelphian Ecclesia, and the Baha’i Faith may be
solemnized in the manner heretofore used in such societies.
* * *
Sec. 2.
RECIPROCAL BENEFICIARIES; REPEAL; INTENT
(a)
The stated purpose of the reciprocal beneficiaries is to provide two
persons who are blood-relatives or related by adoption the opportunity to
establish a consensual reciprocal beneficiaries relationship so they may receive
the benefits and protections and be subject to the responsibilities that are
granted to spouses in specific areas.
Since enactment in 2000, no reciprocal
beneficiary relationship has been established in Vermont.
(b)
15 V.S.A. chapter 25 is repealed (reciprocal beneficiaries).
Sec. 3.
EFFECTIVE DATE
This act shall take effect on passage.
(Committee vote: 7-0-4 )
(For text see Senate Journal January 16, 2014 )
Amendment to be offered by Rep. Buxton of Tunbridge to S. 256
In Sec. 1, 18 V.S.A. § 5144, in subsection (a), after “a Judicial Bureau hearing
officer” by adding “, a member of the General Assembly”
ACTION CALENDAR
Third Reading
J.R.H. 19
Joint resolution relating to encouraging New Hampshire to enact laws
protecting emergency responders from across state lines
S. 28
An act relating to gender-neutral nomenclature for the identification of parents
on birth certificates
S. 168
An act relating to making miscellaneous amendments to laws governing
municipalities
S. 195
An act relating to increasing the penalties for second or subsequent convictions
for disorderly conduct, and creating a new crime of aggravated disorderly
conduct
- 3120 -
S. 218
An act relating to temporary employees
S. 221
An act relating to providing statutory purposes for tax expenditures
S. 225
An act relating to a report on recommended changes in the structure of
Vermont State employment in order to reduce employment-related stress
Favorable with Amendment
S. 202
An act relating to the energy efficiency charge
Rep. Ellis of Waterbury,
for the Committee on
Natural Resources and
Energy,
recommends that the House propose to the Senate that the bill be
amended as follows:
First:
In Sec. 1, 30 V.S.A. § 209, in subdivision (d)(3)(B), by striking out
the third sentence and inserting in lieu thereof a new third sentence to read:
In setting the amount of the charge and its allocation, the Board shall
determine an appropriate balance among the following objectives; provided,
however, that particular emphasis shall be accorded to the first four of these
objectives:
reducing the size of future power purchases; reducing the
generation of greenhouse gases; limiting the need to upgrade the State’s
transmission and distribution infrastructure; minimizing the costs of electricity;
reducing Vermont’s total energy demand, consumption, and expenditures;
providing efficiency and conservation as a part of a comprehensive resource
supply strategy; providing the opportunity for all Vermonters to participate in
efficiency and conservation programs; and the value of targeting efficiency and
conservation efforts to locations, markets, or customers where they may
provide the greatest value.
Second:
In Sec. 1, 30 V.S.A. § 209, in subdivision (d)(3)(C), in the first
sentence, after “the use of fossil fuels for” by inserting space before “heating”
and after “such as air source” by inserting or geothermal before “heat pumps”.
Third:
In Sec. 1, 30 V.S.A. § 209, in subdivision (d)(3)(C), in subdivision
(i), after “electric ratepayers” by inserting as a whole.
Fourth:
In Sec. 1, 30 V.S.A. § 209, in subdivision (d)(3)(C), by striking out
subdivision (iii) and inserting in lieu thereof a new subdivision (iii) to read:
- 3121 -
(iii)
will result in a net reduction in State energy consumption and
greenhouse gas emissions on a life-cycle basis and will not have a detrimental
impact on the environment through other means such as release of refrigerants
or disposal.
In making a finding under this subdivision, the Board shall
consider the use of the technology at all times of year and any likely new
electricity demand created by such use;
(Committee vote: 8-3-0 )
(For text see Senate Journal April 11, 2014 )
Favorable
S. 316
An act relating to child care providers
Rep. Stevens of Waterbury,
for the Committee on
General, Housing and
Military Affairs
, recommends that the bill ought to pass in concurrence.
(Committee Vote: 6-2-0)
(For text see Senate Journal February 27, 28, 2014 )
Reported without recommendation by
Rep. Keenan of St. Albans City
for
the Committee on
Appropriations.
( Committee Vote: 6-4-1)
Senate Proposal of Amendment
H. 88
An act relating to parental rights and responsibilities involving a child
conceived as a result of a sexual assault
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
Sec. 1.
15 V.S.A. § 665 is amended to read:
§ 665.
RIGHTS AND RESPONSIBILITIES ORDER; BEST INTERESTS OF
THE CHILD
(a)
In an action under this chapter, the court Court shall make an order
concerning parental rights and responsibilities of any minor child of the
parties.
The court Court may order parental rights and responsibilities to be
divided or shared between the parents on such terms and conditions as serve
the best interests of the child.
When the parents cannot agree to divide or share
parental rights and responsibilities, the court Court shall award parental rights
and responsibilities primarily or solely to one parent.
- 3122 -
(b)
In making an order under this section, the court Court shall be guided
by the best interests of the child, and shall consider at least the following
factors:
(1)
the relationship of the child with each parent and the ability and
disposition of each parent to provide the child with love, affection, and
guidance;
(2)
the ability and disposition of each parent to assure that the child
receives adequate food, clothing, medical care, other material needs, and a safe
environment;
(3)
the ability and disposition of each parent to meet the child’s present
and future developmental needs;
(4)
the quality of the child’s adjustment to the child’s present housing,
school, and community and the potential effect of any change;
(5)
the ability and disposition of each parent to foster a positive
relationship and frequent and continuing contact with the other parent,
including physical contact, except where contact will result in harm to the
child or to a parent;
(6)
the quality of the child’s relationship with the primary care provider,
if appropriate given the child’s age and development;
(7)
the relationship of the child with any other person who may
significantly affect the child;
(8)
the ability and disposition of the parents to communicate, cooperate
with each other, and make joint decisions concerning the children where
parental rights and responsibilities are to be shared or divided; and
(9)
evidence of abuse, as defined in section 1101 of this title, and the
impact of the abuse on the child and on the relationship between the child and
the abusing parent.
* * *
(f)
The State has a compelling interest in not forcing a victim of sexual
assault or sexual exploitation to continue an ongoing relationship with the
perpetrator of the abuse. Such continued interaction can have traumatic
psychological effects on the victim, making recovery more difficult, and
negatively affect the victim’s ability to parent and to provide for the best
interests of the child.
Additionally, the State recognizes that a perpetrator may
use the threat of pursuing parental rights and responsibilities to coerce a victim
into not reporting or assisting in the prosecution of the perpetrator for the
- 3123 -
sexual assault or sexual exploitation, or to harass, intimidate, or manipulate
the victim.
(1)
The Court may enter an order awarding sole parental rights and
responsibilities to a parent and denying all parent-child contact with the other
parent if the Court finds by clear and convincing evidence that the nonmoving
parent was convicted of sexually assaulting the moving parent and the child
was conceived as a result of the sexual assault.
As used in this subdivision,
sexual assault shall include sexual assault as provided in 13 V.S.A. § 3252(a),
(b), (d), and (e), aggravated sexual assault as provided in 13 V.S.A. § 3253,
and aggravated sexual assault of a child as provided in 13 V.S.A. § 3253a,
lewd and lascivious conduct with a child as provided in 13 V.S.A. § 2602, and
similar offenses in other jurisdictions.
(A)
An order issued in accordance with this subdivision (f)(1) shall
be permanent and shall not be subject to modification.
(B)
Upon issuance of a rights and responsibilities order pursuant to
this subdivision (f)(1), the Court shall not issue a parent-child contact order
and shall terminate any existing parent-child contact order concerning the child
and the nonmoving parent.
(2)
The Court may enter an order awarding sole parental rights and
responsibilities to one parent and denying all parent-child contact between the
other parent and a child if the Court finds that such an order is in the best
interest of the child and finds by clear and convincing evidence that the child
was conceived as a result of the nonmoving parent sexually assaulting or
sexually exploiting the moving parent.
A conviction is not required under this
subdivision and the Court may consider other evidence of sexual assault or
sexual exploitation in making its determination.
(A)
For purposes of this subdivision (f)(2):
(i)
sexual assault shall include sexual assault as provided in
13 V.S.A. § 3252, aggravated sexual assault as provided in 13 V.S.A. § 3253,
aggravated sexual assault of a child as provided in 13 V.S.A. § 3253a, lewd
and lascivious conduct with a child as provided in 13 V.S.A. § 2602, and
similar offenses in other jurisdictions; and
(ii)
sexual exploitation shall include sexual exploitation of an
inmate as provided in 13 V.S.A. § 3257, sexual exploitation of a minor as
provided in 13 V.S.A. § 3258, sexual abuse of a vulnerable adult as provided
in 13 V.S.A. § 1379, and similar offenses in other jurisdictions.
(B)
Except as provided in subdivision (f)(2)(C), the Court shall not
issue a parent-child contact order in a case in which a parental rights and
- 3124 -
responsibilities order has been issued pursuant to this subdivision (f)(2) and
any
existing
parent-child
contact
order
concerning
the
child
and
the
nonmoving parent shall be terminated.
(C)
A party may file a motion for modification of the order only upon
a showing of extraordinary, real, substantial, and unanticipated change of
circumstances.
(3)
Issuance of an order in pursuant to this subsection shall not affect the
right of the custodial parent to seek child support from the noncustodial parent.
Sec. 2.
15 V.S.A. § 668 is amended to read:
§ 668.
MODIFICATION OF ORDER
(a)
On motion of either parent or any other person to whom custody or
parental rights and responsibilities have previously been granted, and upon a
showing of real, substantial and unanticipated change of circumstances, the
court Court may annul, vary, or modify an order made under this subchapter if
it is in the best interests of the child, whether or not the order is based upon a
stipulation or agreement.
* * *
(c)
A final order related to parental rights and responsibilities and parent
child contact issued pursuant to subdivision 665(f)(1) of this title shall not be
subject to modification.
A party may file a motion for modification of an
order related to parental rights and responsibilities and parent child contact
issued pursuant to subdivision 665(f)(2) of this title only upon a showing of
extraordinary, real, substantial, and unanticipated change of circumstances.
Sec. 3.
13 V.S.A. § 2651(3) is amended to read:
(3)
“Commercial sex act” means any sex sexual act, sexual conduct, or
sexually explicit performance on account of which anything of value is
promised to, given to, or received by any person.
Sec. 4.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(For text see House Journal February 7, 2014 )
H. 217
An act relating to smoking in lodging establishments, hospitals, and child care
facilities, and on State lands
The Senate proposes to the House to amend the bill as follows:
- 3125 -
First:
In Sec. 2, 18 V.S.A. § 1741, by striking out subdivision (2)(R) in its
entirety and relettering the remaining subdivisions to be alphabetically correct.
Second:
In Sec. 3, 18 V.S.A. § 1742, by striking out subsection (a) in its
entirety and inserting in lieu thereof a new subsection (a) to read as follows:
(a)
The possession of lighted tobacco products in any form is prohibited in:
(1)
the common areas of all enclosed indoor places of public access and
publicly owned buildings and offices;
(2)
all enclosed indoor places in lodging establishments used for
transient traveling or public vacationing, such as resorts, hotels, and motels,
including sleeping quarters and adjoining rooms rented to guests;
(3)
designated smoke-free areas of property or grounds owned by or
leased to the State; and
(4)
any other area within 25 feet of State-owned buildings and offices,
except that to the extent that any portion of the 25-foot zone is not on State
property, smoking is prohibited only in that portion of the zone that is on State
property unless the owner of the adjoining property chooses to designate his or
her property smoke-free.
Third:
By striking out Sec. 4, 16 V.S.A. § 140, in its entirety and inserting
in lieu thereof a new Sec. 4 to read as follows:
Sec. 4.
16 V.S.A. § 140 is amended to read:
§ 140.
TOBACCO USE PROHIBITED ON PUBLIC SCHOOL GROUNDS
No person shall be permitted to use tobacco or tobacco substitutes as
defined in 7 V.S.A. § 1001 on public school grounds and no student shall be
permitted to use tobacco or at public school sponsored functions.
Each public
school board shall adopt policies prohibiting the possession and use of tobacco
products by students at all times while under the supervision of school staff.
These policies shall Public school boards may adopt policies that include
confiscation and appropriate referrals to law enforcement authorities.
Fourth.
By striking out Sec. 8, effective date, and inserting in lieu thereof two
new sections to be numbered Secs. 8 and 9 to read as follows:
Sec. 8.
7 V.S.A. § 1012 is added to read:
§ 1012.
LIQUID NICOTINE; PACKAGING
(a)
Unless
specifically
preempted
by
federal
law,
no
person
shall
manufacture, regardless of location, for sale in; offer for sale in; sell in or into
the stream of commerce in; or otherwise introduce into the stream of
commerce in Vermont:
- 3126 -
(1)
any liquid or gel substance containing nicotine unless that product is
contained in child-resistant packaging; or
(2)
any nicotine liquid container unless that container constitutes
child-resistant packaging.
(b)
As used in this section:
(1)
“Child-resistant packaging” means packaging that is designed or
constructed to be significantly difficult for children under five years of age to
open or obtain a toxic or harmful amount of the substance contained therein
within a reasonable time and not difficult for normal adults to use properly, but
does not mean packaging which all such children cannot open or obtain a toxic
or harmful amount within a reasonable time.
(2)
“Nicotine liquid container” means a bottle or other container of a
nicotine liquid or other substance containing nicotine which is sold, marketed,
or intended for use in a tobacco substitute.
The term does not include a
container containing nicotine in a cartridge that is sold, marketed, or intended
for use in a tobacco substitute if the cartridge is prefilled and sealed by the
manufacturer and not intended to be opened by the consumer.
Sec. 9.
EFFECTIVE DATES
(a)
Secs. 1–7 and this section shall take effect on July 1, 2014.
(b)
Sec. 8 (liquid nicotine; packaging) shall take effect on January 1, 2015.
(For text see House Journal February 27, 2014 )
H. 681
An act relating to the professional regulation for veterans, military service
members, and military spouses
The Senate proposes to the House to amend the bill as follows:
First:
In Sec. 1 (professional regulatory entities; military service licensure
requirements), in subdivision (a)(1) (definition of “expedited temporary license
by endorsement”), at the end of the subdivision following “licensure in another
state”, by inserting or, in the case of EMS providers, based on current
certification from the National Registry of Emergency Medical Technicians
(NREMT)
Second:
In Sec. 1, in subsection (b), at the beginning of the introductory
paragraph, by striking out in its entirety “February 1, 2015” and inserting in
lieu thereof July 1, 2015
Third:
In Sec. 1, in subdivision (b)(2)(B) (expedited temporary licensure by
endorsement;
application
requirements),
at the
end
of
subdivision
(ii)
- 3127 -
following “issued in another state” by inserting or, in the case of EMS
providers, proof that the applicant holds a current certification from the
NREMT
Fourth:
In
Sec.
1,
in
subdivision
(b)(3)(B)
(renewal
of
licensure;
eligibility), by inserting two new subdivisions to be subdivisions (i) and (ii) to
read:
(i)
The provisions of this subdivision (B) shall apply to an EMS
licensee with a military deployment of less than two years, or greater than two
years if the position served in the military was as an EMS provider or a
substantially similar role.
(ii)
For an EMS licensee with a military deployment of greater
than two years and whose position served in the military was not as an EMS
provider or a substantially similar role, the licensee shall be required to obtain
certification with the NREMT prior to renewal of a license under this
subdivision.
Fifth:
In Sec. 2, 18 V.S.A. § 906c, in subdivision (b)(1), following
“compensation upon his or her return from deployment”, by striking out
“despite the lapse of licensure or certification” and inserting in lieu thereof
once licensure is renewed
(For text see House Journal March 14, 2014 )
H. 823
An act relating to encouraging growth in designated centers and protecting
natural resources
The Senate proposes to the House to amend the bill as follows:
First:
In Sec. 1, 10 V.S.A. § 6001 (definitions), in subdivision (16)(A)
(existing settlement), in subdivision (ii), after “an existing”, by striking out
“community”.
Second:
In Sec. 1, 10 V.S.A. § 6001 (definitions), by striking out
subdivision (36) in its entirety and inserting in lieu thereof a new subdivision
(36) to read as follows:
(36)
“Strip development” means linear commercial development along a
public highway that includes three or more of the following characteristics:
broad road frontage, predominance of single-story buildings, limited reliance
on shared highway access, lack of connection to any existing settlement except
by highway, lack of connection to surrounding land uses except by highway,
lack of coordination with surrounding land uses, and limited accessibility for
pedestrians.
In determining whether a proposed development or subdivision
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constitutes strip development, the District Commission shall consider the
topographic constraints in the area in which the development or subdivision is
to be located.
Third:
By striking out Sec. 2 in its entirety and inserting in lieu thereof a
new Sec. 2 to read as follows:
Sec. 2.
10 V.S.A. § 6086 is amended to read:
§ 6086.
ISSUANCE OF PERMIT; CONDITIONS AND CRITERIA
(a)
Before granting a permit, the district commission District Commission
shall find that the subdivision or development:
* * *
(5)(A)
Will not cause unreasonable congestion or unsafe conditions with
respect to use of the highways, waterways, railways, airports and airways, and
other means of transportation existing or proposed.
(B)
As
appropriate,
will
incorporate
transportation
demand
management strategies and provide safe access and connections to adjacent
lands and facilities and to existing and planned pedestrian, bicycle, and transit
networks and services.
In determining appropriateness under this subdivision
(B), the District Commission shall consider whether such a strategy, access, or
connection constitutes a measure that a reasonable person would take given the
type, scale, and transportation impacts of the proposed development or
subdivision.
* * *
(9)
Is in conformance with a duly adopted capability and development
plan, and land use plan when adopted.
However, the legislative findings of
subdivisions 7(a)(1) through (19) of Act 85 of 1973 shall not be used as criteria
in
the
consideration
of
applications
by
a district
commission District
Commission.
* * *
(L)
Rural
growth
areas.
A
permit
will
be
granted
for
the
development or subdivision of rural growth areas when it is demonstrated by
the applicant that in addition to all other applicable criteria provision will be
made in accordance with subdivisions (9)(A) “impact of growth,” (G) “private
utility service,” (H) “costs of scattered development” and (J) “public utility
services” of subsection (a) of this section for reasonable population densities,
reasonable rates of growth, and the use of cluster planning and new community
planning designed to economize on the cost of roads, utilities and land usage.
Settlement patterns.
To promote Vermont’s historic settlement pattern of
- 3129 -
compact village and urban centers separated by rural countryside, a permit will
be granted for a development or subdivision outside an existing settlement
when it is demonstrated by the applicant that, in addition to all other applicable
criteria, the development or subdivision:
(i)
will make efficient use of land, energy, roads, utilities, and
other supporting infrastructure; and
(ii) (I) will not contribute to a pattern of strip development along
public highways; or
(II)
if the development or subdivision will be confined to an
area that already constitutes strip development, will
incorporate infill as
defined in 24 V.S.A. § 2791 and is designed
to
reasonably
minimize the
characteristics listed in the definition of strip development under subdivision
6001(36) of this title.
Fourth:
By striking out Secs. 3, 4, and 5 in their entirety and inserting in
lieu thereof new Secs. 3, 4, and 5 to read as follows:
Sec. 3.
10 V.S.A. § 6086b is added to read:
§ 6086b.
DOWNTOWN DEVELOPMENT; FINDINGS
Notwithstanding any provision of this chapter to the contrary, each of the
following shall apply to a development or subdivision that is completely within
a downtown development district designated under 24 V.S.A. chapter 76A and
for which a permit or permit amendment would otherwise be required under
this chapter:
(1)
In lieu of obtaining a permit or permit amendment, a person may
request findings and conclusions from the District Commission, which shall
approve the request if it finds that the development or subdivision will meet
subdivisions
6086(a)(1)
(air
and
water
pollution),
(2)
(sufficient
water
available),
(3)
(burden
on
existing
water
supply),
(4)
(soil
erosion),
(5) (traffic), (8) (aesthetics
,
historic sites
,
rare and irreplaceable natural areas),
(8)(A)
(endangered
species;
necessary
wildlife
habitat),
(9)(B) (primary
agricultural
soils),
(9)(C)
(productive
forest
soils),
(9)(F) (energy
conservation), and (9)(K) (public facilities, services, and lands) of this title.
(2)
The
request
shall
be
complete
as
to
the
criteria
listed
in
subdivision (1) of this subsection and need not address other criteria of
subsection (a) of this section.
(A)
The requestor shall file the request in accordance with the
requirements of subsection 6084(a) of this title and the requestor shall provide
a copy of the request to each agency and department listed in subdivision (3) of
this section.
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(B)
Within five days of the request’s filing, the District Coordinator
shall determine whether the request is complete.
Within five days of the date
the District Coordinator determines the request to be complete, the District
Commission shall provide notice of the complete request to each person
required to receive a copy of the filing under subdivision (2)(A) of this section
and to each adjoining property owner and shall post the notice and a copy of
the request on the Board’s web page.
The computation of time under this
subdivision (2)(B) shall exclude Saturdays, Sundays, and State legal holidays.
(3)
Within 30 days of receiving notice of a complete request:
(A)
The State Historic Preservation Officer or designee shall submit a
written recommendation on whether the improvements will have an undue
adverse effect on any historic site.
(B)
The Commissioner of Public Service or designee shall submit a
written recommendation on whether the improvements will meet or exceed the
applicable
energy
conservation
and
building
energy
standards
under
subdivision 6086(a)(9)(F) of this title.
(C)
The Secretary of Transportation or designee shall submit a
written recommendation on whether the improvements will have a significant
impact on any highway, transportation facility, or other land or structure under
the Secretary’s jurisdiction.
(D)
The Commissioner of Buildings and General Services or
designee shall submit a written
recommendation on whether the improvements
will have a significant impact on any adjacent land or facilities under the
Commissioner’s jurisdiction.
(E)
The Secretary of Natural Resources or designee shall submit a
written recommendation on whether the improvements will have a significant
impact on any land or facilities under its jurisdiction or on any important
natural resources, other than primary agricultural soils.
In this subdivision (E),
“important natural resources” shall have the same meaning as under 24 V.S.A.
(F)
The Secretary of Agriculture, Food and Markets or designee shall
submit a written recommendation on whether the improvements will reduce or
convert primary agricultural soils and on whether there will be appropriate
mitigation for any reduction in or conversion of those soils.
(4)
Any person may submit written comments or ask for a hearing
within 30 days of the date on which the District Commission issues notice of a
complete request.
If the person asks for a hearing, the person shall include a
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petition for party status in the submission.
The petition for party status shall
meet the requirements of subdivision 6085(c)(2) of this title.
(5)
The District Commission shall not hold a hearing on the request
unless it determines that there is a substantial issue under one or more
applicable criteria that requires a hearing.
The District Commission shall hold
any hearing within 20 days of the end of the comment period specified in
subdivisions (3) and (4) of this section.
Subdivisions 6085(c)(1)–(5) of this
title shall govern participation in a hearing under this section.
(6)
The District Commission shall issue a decision within 60 days of
issuing notice of a complete request under this section or, if it holds a hearing,
within 15 days of adjourning the hearing.
The District Commission shall send
a copy of the decision to each State agency listed in subdivision (3) of this
section,
to
the
municipality,
to
the
municipal
and
regional
planning
commissions for the municipality, and to each person that submitted a
comment, requested a hearing, or participated in the hearing, if any.
The
decision may include conditions that meet the standards of subsection 6086(c)
of this title.
(7)
The
requestor
may
waive
the
time
periods
required
under
subdivisions (3), (4), and (6) of this section as to one or more agencies,
departments, the District Commission, the District Coordinator, or other
persons.
Such a waiver shall extend the applicable and subsequent time
periods by the amount of time waived.
In the absence of a waiver under this
subdivision, the failure of a State agency to file a written determination or a
person to submit a comment or ask for a hearing within the time periods
specified in subdivisions (3) and (4) of this section shall not delay the District
Commission’s issuance of a decision on a complete request.
Sec. 4.
10 V.S.A. § 6081(v) is added to read:
(v)
A permit or permit amendment shall not be required for a development
or subdivision in a designated downtown development district for which the
District Commission has issued positive findings and conclusions under
section 6086b of this title on all the criteria listed in that section.
A person
shall obtain new or amended findings and conclusions from the District
Commission under section 6086b of this title prior to commencement of a
material change, as defined in the rules of the Board, to a development or
subdivision for which the District Commission has issued such findings and
conclusions.
A person may seek a jurisdictional opinion under section 6007 of
this title concerning whether such a change is a material change.
Sec. 5.
[Deleted.]
Fifth:
By striking out Sec. 6 in its entirety and inserting in lieu thereof:
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Sec. 6.
[Deleted.]
Sixth:
By striking out Secs. 7 and 8 in their entirety and inserting in lieu
thereof new Secs. 7 and 8 to read as follows:
Sec. 7.
10 V.S.A. § 8003 is amended to read:
§ 8003.
APPLICABILITY
(a)
The Secretary may take action under this chapter to enforce the
following statutes and rules, permits, assurances, or orders implementing the
following statutes, and the Board may take such action with respect to
subdivision (10) of this subsection:
* * *
(10)
10 V.S.A. chapter 151, relating to land use, and including findings
and conclusions issued under section 6086b of this title;
* * *
* * * Nonappeal, Recommendation to District Commission * * *
Sec. 8.
10 V.S.A. § 8504 is amended to read:
§ 8504.
APPEALS TO THE ENVIRONMENTAL DIVISION
(a)
Act 250 and agency appeals. Within 30 days of the date of the act or
decision, any person aggrieved by an act or decision of the Secretary, the
Natural Resources Board, or a district commission District Commission under
the provisions of law listed in section 8503 of this title, or any party by right,
may appeal to the Environmental Division, except for an act or decision of the
Secretary under subdivision 6086b(3)(E) of this title or governed by section
8506 of this title.
* * *
Seventh:
In Sec. 13 (wastewater rules; amendment), after “the Agency of
Natural Resources shall amend its” by inserting the word application prior to
“form”.
(For text see House Journal March 13, 14, 2014 )
S. 211
An act relating to permitting of sewage holding and pumpout tanks for
public buildings
The Senate concurs in the House proposal of amendment thereto as
follows::
By striking out Secs. 2, 3, 4, and 5 and all reader’s guides in their entirety
- 3133 -
and inserting in lieu thereof the following:
Sec. 2.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(For House Proposal of Amendment see House Journal April 24, 2014
Page 1279)
S. 220
An act relating to furthering economic development
The Senate concurs in the House proposal of amendment thereto by striking
all after the enacting clause and inserting in lieu thereof the following::
* * * One-Stop Shop Business Portal * * *
Sec. 1.
ONE-STOP SHOP WEB PORTAL
(a)
In order to simplify the process for business creation and growth, the
Office of the Secretary of State, Department of Taxes, Department of Labor,
the Vermont Attorney General, the Agency of Commerce and Community
Development, and the Agency of Administration have formed a Business
Portal Committee to create an online “one-stop shop” for business registration,
business entity creation, and registration compliance.
(b)
On or before January 15, 2015, the Business Portal Committee shall
report to the Senate Committee on Economic Development, Housing and
General Affairs and the House Committee on Commerce and Economic
Development to inform the committees of the status of the project and a
timeline for its completion.
* * * Vermont Entrepreneurial Lending Program;
Vermont Entrepreneurial Investment Tax Credit * * *
Sec. 2.
10 V.S.A. chapter 12 is amended to read:
VERMONT ECONOMIC DEVELOPMENT
AUTHORITY
* * *
Subchapter 12.
Technology Loan Vermont Entrepreneurial Lending
Program
§ 280aa.
FINDINGS AND PURPOSE
(a)(1)
Technology-based companies Vermont-based seed, start-up, and
early growth-stage businesses are a vital source of innovation, employment,
and economic growth in Vermont.
The continued development and success of
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this increasingly important sector of Vermont’s economy these businesses is
dependent upon the availability of flexible, risk-based capital.
(2)
Because
the
primary
assets
of technology-based
companies
sometimes seed, start-up, and early growth-stage businesses often consist
almost entirely of intellectual property or insufficient tangible assets to support
conventional lending, such these companies frequently do not have access to
conventional means of raising capital, such as asset-based bank financing.
(b)
To support the growth of technology-based companies seed, start-up,
and early growth-stage businesses and the resultant creation of high-wage
employment in Vermont, a technology loan program is established under this
subchapter the General Assembly hereby creates in this subchapter the
Vermont
Entrepreneurial
Lending
Program
to
support
the
growth
and
development of seed, start-up, and early growth-stage businesses.
§
280bb.
TECHNOLOGY
LOAN VERMONT
ENTREPRENEURIAL
LENDING PROGRAM
(a)
There is created a technology (TECH) loan program the Vermont
Entrepreneurial Lending Program to be administered by the Vermont economic
development authority Economic Development Authority.
The program
Program shall seek to meet the working capital and capital-asset financing
needs
of technology-based
companies start-up,
early
stage,
and
early
growth-stage businesses in Vermont.
The Program shall specifically seek to
fulfill capital requirement needs that are unmet in Vermont, including:
(1)
loans
up
to
$100,000.00
for
manufacturing
businesses
with
innovative products that typically reflect long-term growth;
(2)
loans from $250,000.00 through $1,000,000.00 to early growth-stage
companies who do not meet the current underwriting criteria of other public
and private lending institutions; and
(3)
loans to businesses that are unable to access adequate capital
resources
because
the
primary
assets
of
these
businesses
are
typically
intellectual property or similar nontangible assets.
(b)
The economic development authority Authority shall establish such
adopt regulations, policies, and procedures for the program Program as are
necessary to carry out the purposes of this subchapter.
The authority’s lending
criteria shall include consideration of in-state competition and whether a
company has made reasonable efforts to secure capital in the private sector
increase the amount of investment funds available to Vermont businesses
whose capital requirements are not being met by conventional lending sources.
- 3135 -
(c)
When considering entrepreneurial lending through the Program, the
Authority shall give additional consideration and weight to an application of a
business whose business model and practices will have a demonstrable effect
in achieving other public policy goals of the State, including:
(1)
The business will create jobs in strategic sectors such as the
knowledge-based economy, renewable energy, advanced manufacturing, wood
products manufacturing, and value-added agricultural processing.
(2)
The business is located in a designated downtown, village center,
growth center, or other significant geographic location recognized by the State.
(3)
The business adopts energy and thermal efficiency practices in its
operations or otherwise operates in a way that reflects a commitment to green
energy principles.
(4)
The business will create jobs that pay a livable wage and significant
benefits to Vermont employees.
(d)
The
Authority
shall
include
provisions
in
the
terms
of
an
entrepreneurial loan made under the Program to ensure that an entrepreneurial
loan recipient shall maintain operations within the State for a minimum of five
years from the date on which the recipient receives the entrepreneurial loan
funds from the Authority.
* * *
Sec. 3.
VERMONT ENTREPRENEURIAL LENDING PROGRAM; LOAN
LOSS RESERVE FUNDS; CAPITALIZATION
(a)
The Vermont Economic Development Authority shall capitalize loan
loss reserves for the Vermont Entrepreneurial Lending Program created in
10 V.S.A. § 280bb with up to $1,000,000.00 from Authority funds or eligible
federal funds currently administered by the Authority.
(b)
The Vermont Economic Development Authority shall use the funds
allocated to the Program, as referenced in subsection (a) of this section, solely
for the purpose of establishing and maintaining loan loss reserves to guarantee
entrepreneurial loans.
* * * Electricity Rates for Businesses * * *
Sec. 4.
COMMISSIONER OF PUBLIC SERVICE STUDY; BUSINESS
ELECTRICITY RATES
(a)
The Commissioner of Public Service, in consultation with the Public
Service Board and the Secretary of Commerce and Community Development,
shall conduct a study of how best to advance the public good through
consideration of the competitiveness of Vermont’s energy-intensive businesses
- 3136 -
with regard to electricity costs.
As used in this section, “energy-intensive
business” or “business” means a manufacturer, a business that uses 1,000
MWh or more of electricity per year, or a business that meets another energy
threshold deemed more appropriate by the Commissioner.
(b)
In conducting the study required by this section, the Commissioner
shall consider:
(1)
how best to incorporate into rate design proceedings the impact of
electricity costs on business competitiveness and the identification of the costs
of service incurred by businesses;
(2)
with regard to the energy efficiency programs established under
30 V.S.A. § 209, potential changes to their delivery, funding, financing, and
participation requirements;
(3)
the history and outcome of any evaluations of the Energy Savings
Account or Customer Credit programs, as well as best practices for customer
self-directed energy efficiency programs;
(4)
the history and outcome of any evaluations of retail choice programs
or
policies,
as
they
relate
to
business
competitiveness,
that
have
been
undertaken in Vermont and in other jurisdictions;
(5)
any
other
programs
or
policies
the
Commissioner
deems
relevant; and
(6)
whether and to what extent any programs or policies considered by
the Commissioner under this section would impose cost shifts onto other
customers, result in stranded costs (costs that cannot be recovered by a
regulated utility due to a change in regulatory structure or policy), or conflict
with renewable energy requirements in Vermont.
(c)
In conducting the study required by this section, the Commissioner shall
provide the following persons and entities an opportunity for written and oral
comments:
(1)
consumer and business advocacy groups;
(2)
regional development corporations; and
(3)
any other person or entity as determined by the Commissioner.
(d)
On or before December 15, 2014, the Commissioner shall provide a
status report to the General Assembly of his or her findings regarding
regulatory or statutory changes that would reduce electric energy costs for
Vermont businesses and promote the public good.
On or before December 15,
2015, the Commissioner shall provide a final report to the General Assembly
of such findings and recommendations.
- 3137 -
* * * Domestic Export Program * * *
Sec. 5.
DOMESTIC MARKET ACCESS PROGRAM FOR VERMONT
AGRICULTURE AND FOREST PRODUCTS
The Secretary of Agriculture, Food and Markets, in collaboration with the
Agency of Commerce and Community Development and the Chief Marketing
Officer, may create a Domestic Export Program Pilot Project within the “Made
in Vermont” designation program, the purpose of which shall be to connect
Vermont producers with brokers, buyers, and distributors in other U.S. state
and regional markets, and to provide technical and marketing assistance to
Vermont producers to convert these connections into increased sales and
sustainable commercial relationships.
* * * Criminal Penalties for Computer Crimes * * *
Sec. 6.
13 V.S.A. chapter 87 is amended to read:
COMPUTER CRIMES
* * *
§ 4104.
ALTERATION, DAMAGE, OR INTERFERENCE
(a)
A person shall not intentionally and without lawful authority, alter,
damage, or interfere with the operation of any computer, computer system,
computer network, computer software, computer program, or data contained in
such computer, computer system, computer program, or computer network.
(b)
Penalties.
A person convicted of violating this section shall be:
(1)
if the damage or loss does not exceed $500.00 for a first offense,
imprisoned not more than one year or fined not more than $500.00 $5,000.00,
or both;
(2)
if the damage or loss does not exceed $500.00 for a second or
subsequent offense, imprisoned not more than two years or fined not more than
$1,000.00 $10,000.00, or both; or
(3)
if the damage or loss exceeds $500.00, imprisoned not more than
10 years or fined not more than $10,000.00 $100,000.00, or both.
§ 4105.
THEFT OR DESTRUCTION
(a)(1)
A person shall not intentionally and without claim of right deprive
the owner of possession, take, transfer, copy, conceal, or retain possession of,
or intentionally and without lawful authority, destroy any computer system,
computer network, computer software, computer program, or data contained in
such computer, computer system, computer program, or computer network.
- 3138 -
(2)
Copying a commercially available computer program or computer
software is not a crime under this section, provided that the computer program
and computer software has a retail value of $500.00 or less and is not copied
for resale.
(b)
Penalties.
A person convicted of violating this section shall be:
(1)
if the damage or loss does not exceed $500.00 for a first offense,
imprisoned not more than one year or fined not more than $500.00 $5,000.00,
or both;
(2)
if the damage or loss does not exceed $500.00 for a second or
subsequent offense, imprisoned not more than two years or fined not more than
$1,000.00 $10,000.00, or both; or
(3)
if the damage or loss exceeds $500.00, imprisoned not more than
10 years or fined not more than $10,000.00 $100,000.00, or both.
§ 4106.
CIVIL LIABILITY
A person damaged as a result of a violation of this chapter may bring a civil
action against the violator for damages, costs, and fees, including reasonable
attorney’s fees, and such other relief as the court deems appropriate.
* * *
* * * Statute of Limitations to Commence Action
for Misappropriation of Trade Secrets * * *
Sec. 7.
12 V.S.A. § 523 is amended to read:
§ 523.
TRADE SECRETS
An action for misappropriation of trade secrets under 9 V.S.A. chapter 143
of Title 9 shall be commenced within three five years after the cause of action
accrues, and not after.
The cause of action shall be deemed to accrue as of the
date the misappropriation was discovered or reasonably should have been
discovered.
* * * Protection of Trade Secrets * * *
Sec. 8.
9 V.S.A. chapter 143 is amended to read:
TRADE SECRETS
§ 4601.
DEFINITIONS
As used in this chapter:
- 3139 -
(1)
“Improper means” includes theft, bribery, misrepresentation, breach
or inducement of a breach of a duty to maintain secrecy, or espionage through
electronic or other means.
(2)
“Misappropriation” means:
(A)
acquisition of a trade secret of another by a person who knows or
has reason to know that the trade secret was acquired by improper means; or
(B)
disclosure or use of a trade secret of another without express or
implied consent by a person who:
(i)
used improper means to acquire knowledge of the trade
secret; or
(ii)
at the time of disclosure or use, knew or had reason to know
that his or her knowledge of the trade secret was:
(I)
derived from or through a person who had utilized improper
means to acquire it;
(II)
acquired under circumstances giving rise to a duty to
maintain its secrecy or limit its use; or
(III)
derived from or through a person who owed a duty to the
person seeking relief to maintain its secrecy or limit its use; or
(iii)
before a material change of his or her position, knew or had
reason to know that it was a trade secret and that knowledge of it had been
acquired by accident or mistake.
(3)
“Trade secret” means information, including a formula, pattern,
compilation, program, device, method, technique, or process, that:
(A)
derives independent economic value, actual or potential, from
not being generally known to, and not being readily ascertainable by proper
means by, other persons who can obtain economic value from its disclosure or
use; and
(B)
is
the
subject
of
efforts
that
are
reasonable
under
the
circumstances to maintain its secrecy.
§ 4602.
INJUNCTIVE RELIEF
(a)
Actual
A court may enjoin actual or threatened misappropriation may
be enjoined of a trade secret.
Upon application to the court, an injunction shall
be terminated when the trade secret has ceased to exist, but the injunction may
be continued for an additional reasonable period of time in order to eliminate
commercial
advantage
that
otherwise
would
be
derived
from
the
misappropriation.
- 3140 -
(b)
In exceptional circumstances, an injunction may condition future use
upon payment of a reasonable royalty for no longer than the period of time for
which use could have been prohibited.
Exceptional circumstances include, but
are not limited to, a material and prejudicial change of position prior to
acquiring knowledge or reason to know of misappropriation that renders a
prohibitive injunction inequitable.
(c)
In appropriate circumstances, affirmative acts to protect a trade secret
may be compelled by court order.
§ 4603.
DAMAGES
(a)(1)
Except to the extent that a material and prejudicial change of position
prior to acquiring knowledge or reason to know of misappropriation renders a
monetary recovery inequitable, a complainant is entitled to recover damages
for misappropriation.
(2)
Damages
can
include
both
the
actual
loss
caused
by
misappropriation and the unjust enrichment caused by misappropriation that is
not taken into account in computing actual loss.
(3)
In lieu of damages measured by any other methods, the damages
caused by misappropriation may be measured by imposition of liability for a
reasonable royalty for a misappropriator’s unauthorized disclosure or use of a
trade secret.
(4)
A court shall award a successful complainant his or her costs and
fees, including reasonable attorney’s fees, arising from a misappropriation of
the complainant’s trade secret.
(b)
If malicious misappropriation exists, the court may award punitive
damages.
§ 4605.
PRESERVATION OF SECRECY
In an action under this chapter, a court shall preserve the secrecy of an
alleged
trade
secret
by
reasonable
means,
which
may
include
granting
protective orders in connection with discovery proceedings, holding in-camera
hearings, sealing the records of the action, and ordering any person involved in
the litigation not to disclose an alleged trade secret without prior court
approval.
§ 4607.
EFFECT ON OTHER LAW
(a)
Except as provided in subsection (b) of this section, this chapter
displaces conflicting tort, restitutionary, and any other law of this state State
providing civil remedies for misappropriation of a trade secret.
(b)
This chapter does not affect:
- 3141 -
(1)
contractual remedies, whether or not based upon misappropriation of
a trade secret;
(2)
other civil remedies that are not based upon misappropriation of a
trade secret; or
(3)
criminal remedies, whether or not based upon misappropriation of a
trade secret.
* * *
* * * Technology Businesses and Government
Contracting * * *
Sec. 9.
3 V.S.A. § 346 is added to read:
§
346.
STATE
CONTRACTING;
INTELLECTUAL
PROPERTY,
SOFTWARE DESIGN, AND INFORMATION TECHNOLOGY
(a)
The Secretary of Administration shall include in Administrative
Bulletin 3.5 a policy direction applicable to State procurement contracts that
include services for the development of software applications, computer
coding, or other intellectual property, which would allow the State of Vermont
to grant permission to the contractor to use the intellectual property created
under the contract for the contractor’s commercial purposes.
(b)
The Secretary may recommend contract provisions that authorize the
State to negotiate with a contractor to secure license terms and license fees,
royalty rights, or other payment mechanism for the contractor’s commercial
use of intellectual property developed under a State contract.
(c)
If the Secretary authorizes a contractor to own intellectual property
developed under a State contract, the Secretary shall recommend language to
ensure the State retains a perpetual, irrevocable, royalty-free, and fully paid
right to continue to use the intellectual property.
* * * Study; Commercial Lenders * * *
Sec.
10.
STUDY;
DEPARTMENT
OF
FINANCIAL
REGULATION;
LICENSED LENDER REQUIREMENTS; COMMERCIAL LENDERS
On or before January 15, 2015, the Department of Financial Regulation
shall evaluate and report to the House Committee on Commerce and Economic
Development and to the Senate Committees on Finance and on Economic
Development, Housing and General Affairs any statutory and regulatory
changes to the State’s licensed lender requirements that are necessary to open
private capital markets and remove unnecessary barriers to business investment
in Vermont.
- 3142 -
* * * Tourism Funding; Study * * *
Sec. 11.
TOURISM FUNDING; PILOT PROJECT STUDY
On or before January 15, 2015, the Secretary of Commerce and Community
Development shall submit to the House Committee on Commerce and
Economic
Development
and
the
Senate
Committee
on
Economic
Development, Housing and General Affairs a report that analyzes the results of
the performance-based funding pilot project for the Department of Tourism
and Marketing and recommends appropriate legislative or administrative
changes to the funding mechanism for tourism and marketing programs.
* * * Land Use; Housing; Industrial Development * * *
Sec. 12.
10 V.S.A. § 238 is added to read:
§
238.
AVAILABILITY
OF
LOANS
AND
ASSISTANCE
FOR
INDUSTRIAL PARKS
Notwithstanding any provision of this chapter to the contrary, the developer
of a project in an industrial park permitted under chapter 151 of this title shall
have access to the loans and assistance available to a local development
corporation from the Vermont Economic Development Authority for the
improvement of industrial parks under this subchapter.
Sec. 13.
10 V.S.A. § 6001(35) is added to read:
(35)
“Industrial park” means an area of land permitted under this chapter
that is planned, designed, and zoned as a location for one or more industrial
buildings, that includes adequate access roads, utilities, water, sewer, and other
services necessary for the uses of the industrial buildings, and includes no
retail use except that which is incidental to an industrial use, and no office use
except that which is incidental or secondary to an industrial use.
Sec. 14.
REVIEW OF MASTER PLAN POLICY
On or before January 1, 2015, the Natural Resources Board shall review its
master plan policy and commence the policy’s adoption as a rule.
The
proposed rule shall include provisions for efficient master plan permitting and
master plan permit amendments for industrial parks.
The Board shall consult
with affected parties when developing the proposed rule.
* * * Primary Agricultural Soils; Industrial Parks * * *
Sec. 15.
10 V.S.A. § 6093(a)(4) is amended to read:
(4)
Industrial parks.
(A)
Notwithstanding any provision of this chapter to the contrary, a
conversion of primary agricultural soils located in an industrial park as defined
- 3143 -
in subdivision 212(7) of this title and permitted under this chapter and in
existence as of January 1, 2006, shall be allowed to pay a mitigation fee
computed according to the provisions of subdivision (1) of this subsection,
except that it shall be entitled to a ratio of 1:1, protected acres to acres of
affected primary agricultural soil.
If an industrial park is developed to the
fullest extent before any expansion, this ratio shall apply to any contiguous
expansion of such an industrial park that totals no more than 25 percent of the
area of the park or no more than 10 acres, whichever is larger; provided any
expansion based on percentage does not exceed 50 acres.
Any expansion
larger than that described in this subdivision shall be subject to the mitigation
provisions of this subsection at ratios that depend upon the location of the
expansion.
(B)
In any application to a district commission for expansion of
District Commission to amend a permit for an existing industrial park, compact
development patterns shall be encouraged that assure the most efficient and
full use of land and the realization of maximum economic development
potential through appropriate densities shall be allowed consistent with all
applicable
criteria
of
subsection
6086(a)
of
this
title.
Industrial
park
expansions and industrial park infill shall not be subject to requirements
established in subdivision 6086(a)(9)(B)(iii) of this title, nor to requirements
established in subdivision 6086(a)(9)(C)(iii).
* * * Affordable Housing * * *
Sec. 16.
10 V.S.A. § 6001 is amended to read:
§ 6001.
DEFINITIONS
In this chapter:
* * *
(3)(A)
“Development” means each of the following:
* * *
(iv)
The construction of housing projects such as cooperatives,
condominiums, or dwellings, or construction or maintenance of mobile homes
or trailer mobile home parks, with 10 or more units, constructed or maintained
on a tract or tracts of land, owned or controlled by a person, within a radius of
five miles of any point on any involved land, and within any continuous period
of five years.
However:
(I)
A priority housing project shall constitute a development
under this subdivision (3)(A)(iv) only if the number of housing units in the
project is:
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(aa)
275 or more, in a municipality with a population of
15,000 or more;
(bb)
150 or more, in a municipality with a population of
10,000 or more but less than 15,000;
(cc)
75 or more, in a municipality with a population of 6,000
or more but less than 10,000.
(dd)
50 or more, in a municipality with a population of
3,000 or more but less than 6,000;
(ee)
25 or more, in a municipality with a population of less
than 3,000; and
(ff)
notwithstanding subdivisions (aa) through (ee) of this
subdivision
(3)(A)(iv)(I),
10
or
more
if
the
construction
involves
the
demolition of one or more buildings that are listed on or eligible to be listed on
the State or National Register of Historic Places.
However, demolition shall
not be considered to create jurisdiction under this subdivision if the Division
for Historic Preservation has determined the proposed demolition will have no
adverse effect; no adverse effect provided that specified conditions are met; or
will have an adverse effect but that adverse effect will be adequately mitigated.
Any imposed conditions shall be enforceable through a grant condition, deed
covenant, or other legally binding document.
(II)
The determination of jurisdiction over a priority housing
project shall count only the housing units included in that discrete project.
(III)
Housing units in a priority housing project shall not count
toward determining jurisdiction over any other project.
* * *
(B)(i)
Smart Growth Jurisdictional Thresholds.
Notwithstanding the
provisions
of
subdivision
(3)(A)
of
this
section,
if
a
project
consists
exclusively of mixed income housing or mixed use, or any combination
thereof, and is located entirely within a growth center designated pursuant to
24
V.S.A.
2793c
or
entirely
within
a
downtown
development
district
designated pursuant to 24 V.S.A. § 2793, “development” means:
(I)
Construction of mixed income housing with 200
or more
housing units or a mixed use project with 200 or more housing units, in a
municipality with a population of 15,000 or more.
(II)
Construction of mixed income housing with 100
or more
housing units or a mixed use project with 100
or more housing units, in a
municipality with a population of 10,000 or more but less than 15,000.
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(III)
Construction of mixed income housing with 50
or more
housing units or a mixed use project with 50 or more housing units, in a
municipality with a population of 6,000 or more and less than 10,000.
(IV)
Construction of mixed income housing with 30
or more
housing units or a mixed use project with 30
or more housing units, in a
municipality with a population of 3,000 or more but less than 6,000.
(V)
Construction of mixed income housing with 25 or more
housing units or a mixed use project with 25 or more housing units, in a
municipality with a population of less than 3,000.
(VI)
Historic Buildings.
Construction of 10 or more units of
mixed income housing or a mixed use project with 10 or more housing units
where the construction involves the demolition of one or more buildings that
are listed on or eligible to be listed on the State or National Register of Historic
Places.
However, demolition shall not be considered to create jurisdiction
under this subdivision if the Division for Historic Preservation has determined
the proposed demolition will have:
no adverse effect; no adverse effect
provided that specified conditions are met; or, will have an adverse effect, but
that adverse effect will be adequately mitigated.
Any imposed conditions shall
be enforceable through a grant condition, deed covenant, or other legally
binding document.
(ii)
Mixed
Income
Housing
Jurisdictional
Thresholds.
Notwithstanding the provisions of subdivision (3)(A) of this section, if a
project consists exclusively of mixed income housing and is located entirely
within a Vermont neighborhood designated pursuant to 24 V.S.A. § 2793d or a
neighborhood
development
area
as
defined
in
24
V.S.A.
§
2791(16),
“development” means:
(I)
Construction of mixed income housing with 200
or more
housing units, in a municipality with a population of 15,000 or more.
(II)
Construction of mixed income housing with 100
or more
housing units, in a municipality with a population of 10,000 or more but less
than 15,000.
(III)
Construction of mixed income housing with 50
or more
housing units, in a municipality with a population of 6,000 or more and less
than 10,000.
(IV)
Construction of mixed income housing with 30 or more
housing units, in a municipality with a population of 3,000 or more but less
than 6,000.
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(V)
Construction of mixed income housing with 25 or more
housing units, in a municipality with a population of less than 3,000.
(VI)
Historic Buildings.
Construction of 10 or more units of
mixed income housing where the construction involves the demolition of one
or more buildings that are listed on or eligible to be listed on the State or
National Register of Historic Places.
However, demolition shall not be
considered to create jurisdiction under this subdivision if the Division for
Historic Preservation has determined the proposed demolition will have:
no
adverse effect; no adverse effect provided that specified conditions are met; or
will have an adverse effect, but that adverse effect will be adequately
mitigated.
Any imposed conditions shall be enforceable through a grant
condition, deed covenant, or other legally binding document.
[Repealed.]
(C)
For the purposes of determining jurisdiction under subdivisions
subdivision (3)(A) and (3)(B) of this section, the following shall apply:
(i)
Incentive
for
Growth
Inside
Designated
Areas.
Notwithstanding
subdivision
(3)(A)(iv)
of
this
section,
housing
units
constructed by a person partially or completely outside a designated downtown
development
district,
designated
growth
center,
designated
Vermont
neighborhood, or designated neighborhood development area shall not be
counted to determine jurisdiction over housing units constructed by that person
entirely
within
a
designated
downtown
development
district,
designated
growth center, designated Vermont neighborhood, or designated neighborhood
development area.
[Repealed.]
(ii)
Five-Year, Five-Mile Radius Jurisdiction Analysis.
Within
any continuous period of five years, housing units constructed by a person
entirely within a designated downtown district, designated growth center,
designated Vermont neighborhood, or designated neighborhood development
area shall be counted together with housing units constructed by that person
partially or completely outside a designated downtown development district,
designated growth center, designated Vermont neighborhood, or designated
neighborhood development area to determine jurisdiction over the housing
units constructed by a person partially or completely outside the designated
downtown development district, designated growth center, designated Vermont
neighborhood, or designated neighborhood development area and within a
five-mile radius in accordance with subdivision (3)(A)(iv) of this section.
[Repealed.]
(iii)
Discrete Housing Projects in Designated Areas and Exclusive
Counting for Housing Units.
Notwithstanding subdivisions (3)(A)(iv) and (19)
of this section, jurisdiction shall be determined exclusively by counting
housing
units
constructed
by
a
person
within
a
designated
downtown
- 3147 -
development
district,
designated
growth
center,
designated
Vermont
neighborhood, or designated neighborhood development area, provided that
the housing units are part of a discrete project located on a single tract or
multiple contiguous tracts of land.
[Repealed.]
* * *
(27)
“Mixed income housing” means a housing project in which the
following apply:
(A)
Owner-occupied housing.
At the option of the applicant,
owner-occupied housing may be characterized by either of the following:
(i)
at least 15 percent of the housing units have a purchase price
which at the time of first sale does not exceed 85 percent of the new
construction, targeted area purchase price limits established and published
annually by the Vermont Housing Finance Agency; or
(ii)
at least 20 percent of the housing units have a purchase price
which at the time of first sale does not exceed 90 percent of the new
construction, targeted area purchase price limits established and published
annually by the Vermont Housing Finance Agency;
(B)
Affordable Rental Housing.
At least 20 percent of the housing
units that is are rented by the occupants whose gross annual household income
does not exceed 60 percent of the county median income, or 60
percent of the
standard metropolitan statistical area income if the municipality is located in
such an area, as defined by the United States Department of Housing and
Urban Development for use with the Housing Credit Program under Section
42(g) of the Internal Revenue Code, and the total annual cost of the housing, as
defined at Section 42(g)(2)(B), is not more than 30 percent of the gross annual
household income as defined at Section 42(g)(2)(C), and with constitute
affordable housing and have a duration of affordability of no less than 30
20 years.
(28)
“Mixed use” means construction of both mixed income housing
and construction of space for any combination of retail, office, services,
artisan, and recreational and community facilities, provided at least 40 percent
of the gross floor area of the buildings involved is mixed income housing.
“Mixed use” does not include industrial use.
(29)
“Affordable housing” means either of the following:
(A)
Housing housing that is owned by its occupants whose gross
annual household income does not exceed 80 percent of the county median
income, or 80 percent of the standard metropolitan statistical area income if the
municipality is located in such an area, as defined by the United States
- 3148 -
Department of Housing and Urban Development, and the total annual cost of
the housing, including principal, interest, taxes, insurance, and condominium
association fees, is not more than 30 percent of the gross annual household
income.; or
(B)
Housing housing that is rented by the occupants whose gross
annual household income does not exceed 80 percent of the county median
income, or 80 percent of the standard metropolitan statistical area income if the
municipality is located in such an area, as defined by the United States
Department of Housing and Urban Development, and the total annual cost of
the housing, including rent, utilities, and condominium association fees, is not
more than 30 percent of the gross annual household income.
* * *
(36)
“Priority housing project” means a discrete project located on a
single tract or multiple contiguous tracts of land that consists exclusively of:
(A)
mixed income housing or mixed use, or any combination thereof,
and is located entirely within a designated downtown development district,
designated growth center, or designated village center that is also a designated
neighborhood development area under 24 V.S.A. chapter 76A; or
(B)
mixed income housing and is located entirely within a designated
Vermont neighborhood or designated neighborhood development area under
* * *
* * * Credit Facility for Vermont Clean Energy Loan Fund * * *
Sec. 17.
2013 Acts and Resolves No. 87, Sec. 8 is amended to read:
Sec. 8.
INVESTMENT OF STATE MONIES
The Treasurer is hereby authorized to establish a short-term credit facility
for the benefit of the Vermont Economic Development Authority in an amount
of up to $10,000,000.00.
* * * Licensed Lender Requirements; Exemption for De Minimis
Lending Activity * * *
Sec. 18.
8 V.S.A. § 2201 is amended to read:
2201.
LICENSES REQUIRED
(a)
No person shall without first obtaining a license under this chapter from
the commissioner Commissioner:
- 3149 -
(1)
engage in the business of making loans of money, credit, goods, or
things in action and charge, contract for, or receive on any such loan interest, a
finance charge, discount, or consideration therefore therefor;
(2)
act as a mortgage broker;
(3)
engage in the business of a mortgage loan originator; or
(4)
act as a sales finance company.
(b)
Each licensed mortgage loan originator must register with and maintain
a valid unique identifier with the Nationwide Mortgage Licensing System and
Registry and must be either:
(1)
an An employee actively employed at a licensed location of, and
supervised and sponsored by, only one licensed lender or licensed mortgage
broker operating in this state; State.
(2)
an An individual sole proprietor who is also a licensed lender or
licensed mortgage broker; or.
(3)
an An employee engaged in loan modifications employed at a
licensed location of, and supervised and sponsored by, only one third-party
loan servicer licensed to operate in this state State pursuant to chapter 85 of
this title.
For purposes of As used in this subsection, “loan modification”
means an adjustment or compromise of an existing residential mortgage loan.
The term “loan modification” does not include a refinancing transaction.
(c)
A person licensed pursuant to subdivision (a)(1) of this section may
engage in mortgage brokerage and sales finance if such person informs the
commissioner Commissioner in advance that he or she intends to engage in
sales
finance
and
mortgage
brokerage.
Such
person
shall
inform
the
commissioner Commissioner of his or her intention on the original license
application under section 2202 of this title, any renewal application under
section 2209 of this title, or pursuant to section 2208 of this title, and shall pay
the applicable fees required by subsection 2202(b) of this title for a mortgage
broker license or sales finance company license.
(d)
No lender license, mortgage broker license, or sales finance company
license shall be required of:
(1)
a state A State agency, political subdivision, or other public
instrumentality of the state; State.
(2)
a A federal agency or other public instrumentality of the United
States;.
- 3150 -
(3)
a A gas or electric utility subject to the jurisdiction of the public
service board Public Service Board engaging in energy conservation or safety
loans;.
(4)
a A depository institution or a financial institution as defined in
(5)
a A pawnbroker;.
(6)
an An insurance company;.
(7)
a A seller of goods or services that finances the sale of such goods or
services, other than a residential mortgage loan;.
(8)
any Any individual who offers or negotiates the terms of a
residential mortgage loan secured by a dwelling that served as the individual’s
residence, including a vacation home, or inherited property that served as the
deceased’s dwelling, provided that the individual does not act as a mortgage
loan originator or provide financing for such sales so frequently and under
such circumstances that it constitutes a habitual activity and acting in a
commercial context;.
(9)
lenders Lenders that conduct their lending activities, other than
residential mortgage loan activities, through revolving loan funds, that are
nonprofit organizations exempt from taxation under Section 501(c) of the
Internal Revenue Code, 26 U.S.C. § 501(c), and that register with the
commissioner
of
economic
development
Commissioner
of
Economic
Development under 10 V.S.A. § 690a;.
(10)
persons Persons who lend, other than residential mortgage loans, an
aggregate of less than $75,000.00 in any one year at rates of interest of no
more than 12 percent per annum;.
(11)
a A seller who, pursuant to 9 V.S.A. § 2355(f)(1)(D), includes the
amount paid or to be paid by the seller to discharge a security interest, lien
interest, or lease interest on the traded-in motor vehicle in a motor vehicle
retail installment sales contract, provided that the contract is purchased,
assigned, or otherwise acquired by a sales finance company licensed pursuant
to this title to purchase motor vehicle retail installment sales contracts or a
depository institution;.
(12)(A)
a A person making an unsecured commercial loan, which loan
is expressly subordinate to the prior payment of all senior indebtedness of the
commercial borrower regardless of whether such senior indebtedness exists at
the time of the loan or arises thereafter.
The loan may or may not include the
right to convert all or a portion of the amount due on the loan to an equity
interest in the commercial borrower;.
- 3151 -
(B)
for purposes of As used in this subdivision (12), “senior
indebtedness” means:
(i)
all indebtedness of the commercial borrower for money
borrowed from depository institutions, trust companies, insurance companies,
and licensed lenders, and any guarantee thereof; and
(ii)
any other indebtedness of the commercial borrower that the
lender
and
the
commercial
borrower
agree
shall
constitute
senior
indebtedness;.
(13)
nonprofit Nonprofit organizations established under testamentary
instruments, exempt from taxation under Section 501(c)(3) of the Internal
Revenue
Code,
26
U.S.C.
§
501(c)(3),
and
which
make
loans
for
postsecondary educational costs to students and their parents, provided that the
organizations provide annual accountings to the Probate Division of the
Superior Court;.
(14)
any Any individual who offers or negotiates terms of a residential
mortgage loan with or on behalf of an immediate family member of the
individual;.
(15)
a A housing finance agency.
(16)
A person who makes no more than three mortgage loans in any
consecutive three-year period beginning on or after July 1, 2011.
(e)
No mortgage loan originator license shall be required of:
(1)
Registered mortgage loan originators, when employed by and acting
for an entity described in subdivision 2200(22) of this chapter.
(2)
Any individual who offers or negotiates terms of a residential
mortgage loan with or on behalf of an immediate family member of the
individual.
(3)
Any individual who offers or negotiates terms of a residential
mortgage loan secured by a dwelling that served as the individual’s residence,
including a vacation home, or inherited property that served as the deceased’s
dwelling, provided that the individual does not act as a mortgage loan
originator or provide financing for such sales so frequently and under such
circumstances that it constitutes a habitual activity and acting in a commercial
context.
(4)
An individual who is an employee of a federal, state State, or local
government agency, or an employee of a housing finance agency, who acts as a
mortgage loan originator only pursuant to his or her official duties as an
- 3152 -
employee of the federal, state State, or local government agency or housing
finance agency.
(5)
A licensed attorney who negotiates the terms of a residential
mortgage loan on behalf of a client as an ancillary matter to the attorney’s
representation of the client, unless the attorney is compensated by a lender, a
mortgage broker, or other mortgage loan originator or by any agent of such
lender, mortgage broker, or other mortgage loan originator.
To the extent an
attorney licensed in this State undertakes activities that are covered by the
definition of a mortgage loan originator, such activities do not constitute
engaging in the business of a mortgage loan originator, provided that:
(A)
such activities are considered by the State governing body
responsible for regulating the practice of law to be part of the authorized
practice of law within this State;
(B)
such
activities
are
carried
out
within
an
attorney-client
relationship; and
(C)
the attorney carries them out in compliance with all applicable
laws, rules, ethics, and standards.
(6)
A person who makes no more than three mortgage loans in any
consecutive three-year period beginning on or after July 1, 2011
(f)
If a person who offers or negotiates the terms of a mortgage loan is
exempt from licensure pursuant to subdivision (d)(16) or (e)(6) of this section,
there is a rebuttable presumption that he or she is not engaged in the business
of making loans or being a mortgage loan originator.
(g)
Independent contractor loan processors or underwriters.
A loan
processor or underwriter who is an independent contractor may not engage in
the activities of a loan processor or underwriter unless such independent
contractor loan processor or underwriter obtains and maintains a mortgage loan
originator license.
Each independent contractor loan processor or underwriter
licensed as a mortgage loan originator must have and maintain a valid unique
identifier issued by the Nationwide Mortgage Licensing System and Registry.
(g)(h)
This chapter shall not apply to commercial loans of $1,000,000.00 or
more.
* * * Workforce Education and Training * * *
Sec. 19.
10 V.S.A. § 545 is added to read:
§ 545.
WORKFORCE EDUCATION AND TRAINING LEADER
- 3153 -
(a)
The Commissioner of Labor shall have the authority to designate one
existing full-time position within the Department as “Workforce Education and
Training Leader.”
(b)
The Workforce Leader shall have primary authority within State
government to conduct an inventory of the workforce education and training
activities throughout the State both within State government agencies and
departments that perform those activities and with State partners who perform
those activities with State funding, and to coordinate those activities to ensure
an integrated workforce education and training system throughout the State.
(c)
In conducting the inventory pursuant to subsection (b) of this section,
the Workforce Leader shall design and implement a stakeholder engagement
process that brings together employers with potential employees, including
students, the unemployed, and incumbent employees seeking further training.
(d)
Notwithstanding any provision of State law to the contrary, and to the
fullest extent allowed under federal law, the Leader shall ensure that in each
State and State-funded workforce education and training program, the program
administrator
collects
and
reports
individual
data
and
outcomes
at
the
individual level by Social Security Number or equivalent.
Sec. 20.
INTERNSHIP OPPORTUNITIES FOR YOUNG PERSONS
On or before January 15, 2015, the Commissioner of Labor shall submit to
the House Committee on Commerce and Economic Development and the
Senate Committee on Economic Development, Housing and General Affairs a
report that details the internship opportunities available to Vermonters between
15 and 18 years of age and recommends one or more means to expand these
opportunities through the Vermont Career Internship Program, 10 V.S.A.
§ 544, or through other appropriate mechanisms.
* * * Vermont Strong Scholars Program * * *
Sec. 21.
16 V.S.A. chapter 90 is redesignated to read:
CHAPTER 90.
FUNDING OF POSTSECONDARY INSTITUTIONS
EDUCATION
Sec. 22.
16 V.S.A. § 2888 is added to read:
§ 2888.
VERMONT STRONG SCHOLARS PROGRAM
(a)
Program creation.
There is created a postsecondary loan forgiveness
program to be known as the Vermont Strong Scholars Program designed to
forgive a portion of Vermont Student Assistance Corporation (the Corporation)
loans in order to encourage Vermonters to select majors that prepare them for
- 3154 -
jobs that are critical to the Vermont economy, to enroll and remain enrolled in
a Vermont postsecondary institution, and to live in Vermont upon graduation.
(b)
Academic majors; projections.
(1)
Annually, on or before November 15, the Secretary of Commerce
and
Community
Development
(the
Secretary),
in
consultation
with
the
Vermont State Colleges, the University of Vermont, the Corporation, the
Commissioner of Labor, and the Secretary of Education, shall identify eligible
postsecondary majors, projecting at least four years into the future, that:
(A)
are offered by the Vermont State Colleges, the University of
Vermont, or Vermont independent colleges (the eligible institutions); and
(B)
lead to jobs the Secretary has identified as critical to the Vermont
economy.
(2)
The Secretary shall prioritize the identified majors and shall select a
similar number of associate’s degree and bachelor’s degree programs.
A major
shall be identified as eligible for this Program for no less than two years.
(3)
Based upon the identified majors, the Secretary of Administration
shall annually provide the General Assembly with the estimated cost of the
Corporation’s
loan
forgiveness
awards
under
the
Program
during
the
then-current fiscal year and each of the four following fiscal years.
(c)
Eligibility.
An individual shall be eligible for loan forgiveness under
this section if he or she:
(1)
was classified as a Vermont resident by the eligible institution from
which he or she was graduated;
(2)
is a graduate of an eligible institution;
(3)
shall not hold a prior bachelor’s degree;
(4)
was awarded an associate’s or bachelor’s degree in a field identified
pursuant to subsection (b) of this section;
(5)
completed the associate’s degree within three years or the bachelor’s
degree within five years;
(6)
is employed in Vermont in a field or specific position closely related
to the identified degree during the period of loan forgiveness; and
(7)
is a Vermont resident throughout the period of loan forgiveness.
(d)
Loan forgiveness.
(1)
An eligible individual shall have his or her postsecondary loan from
the Corporation forgiven as follows:
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(A)
for an individual awarded an associate’s degree by an eligible
institution, in an amount equal to the tuition rate for 15 credits at the
Community College of Vermont during the individual’s final semester of
enrollment, to be prorated over the three years following graduation; and
(B)
for an individual awarded a bachelor’s degree by an eligible
institution, in an amount equal to the in-state tuition rate at the Vermont State
Colleges during the individual’s final year of enrollment, to be prorated over
the five years following graduation;
(2)
Loan forgiveness may be awarded on a prorated basis to an
otherwise eligible Vermont resident who transfers to and is graduated from an
eligible institution.
(e)
Program management and funding.
The Secretary shall develop all
organizational details of the Program consistent with the purposes
and
requirements of this section, including the identification of eligible major
programs and eligible jobs.
The Secretary may contract with the Corporation
for management of the Program.
The Secretary may adopt rules pursuant to
3 V.S.A. chapter 25 necessary to implement the Program.
The availability and
payment of loan forgiveness awards under this section are subject to funding
available to the Corporation for the awards.
(f)
Fund creation.
(1)
There is created a special fund to be known as the Vermont Strong
Scholars Fund pursuant to 32 V.S.A. chapter 7, subchapter 5.
The Fund shall
be used and administered solely for the purposes of this section.
Any
remaining balance at the end of the fiscal year shall be carried forward in the
Fund.
(2)
The Fund shall consist of sums to be identified by the Secretary from
any source accepted for the benefit of the Fund and interest earned from the
investment of Fund balances.
Sec. 23.
VERMONT STRONG INTERIM REPORT
On
or
before
November
1,
2014,
the
Secretary
of
Commerce
and
Community Development shall report to the Joint Fiscal Committee on the
organizational and economic details of the Vermont Strong Scholars Program,
and specifically on the majors selected for forgiveness and the projected annual
cost, the proposed funding source, and the projected fund balance for each
fiscal year through fiscal year 2018.
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* * * Vermont Products Program * * *
Sec. 24.
VERMONT PRODUCTS PROGRAM; STUDY; REPORT
(a)
On or before September 1, 2015, the Agency of Commerce and
Community Development, after consulting with appropriate stakeholders, shall
report to the Senate Committee on Economic Development, Housing and
General Affairs and the House Committee on Commerce and Economic
Development on creating a Vermont Products Program for the purpose of
providing Vermont businesses with a means of promoting and marketing
products
and
services
that
are
manufactured,
designed,
engineered,
or
formulated in Vermont and avoiding confusion by consumers when the
Vermont brand is used in marketing products or services.
(b)
The report required by this section shall describe the method,
feasibility, and cost of creating a Vermont Products Program that includes the
following elements:
(1)
The program shall include a licensing system that enables qualifying
persons to make marketing claims concerning significant business activities
occurring in Vermont, and to self-certify products and services that are
manufactured, designed, engineered, or formulated in Vermont.
Under this
system,
the
Secretary
shall
identify
and
craft
branding
and
marketing
guidelines that concern whether and how qualifying products or services
manufactured, designed, engineered, or formulated in Vermont can be properly
claimed so as to be licensed.
The licensing system shall permit an applicant to
self-certify compliance with designated criteria and attest to the accuracy of
claims authorized by the Secretary in order to obtain a license to advertise and
promote a product or service using the licensed materials.
(2)
The program may charge an annual fee for the issuance of the
license.
(3)
The program shall include an on-line application process that
permits an applicant to obtain the license if he or she certifies compliance with
criteria designated by the Secretary, attests to the accuracy of statements
designated by the Secretary, and pays the required fee.
(4)
Licenses issued under the program shall include a provision
requiring that disputes regarding the license be resolved by alternative dispute
resolution.
A person who objects to the issuance of a license may file a
complaint with the Secretary, who shall refer it for alternative dispute
resolution as provided in the license.
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(5)
A special fund, comprising license fees and any monies appropriated
by
the
General
Assembly,
may
be
created
for
the
administration
and
advertising of the program.
(c)
The report required by this section shall include a recommendation as to
whether the Vermont Products Program should replace the rules regarding
Vermont Origin adopted by the Attorney General.
* * * 10 Percent for Vermont * * *
Sec. 25.
VERMONT STATE TREASURER; CREDIT FACILITY FOR
LOCAL INVESTMENTS
(a)
Notwithstanding any other provision of law to the contrary, the
Vermont State Treasurer shall have the authority to establish a credit facility of
up to 10 percent of the State’s average cash balance on terms acceptable to the
Treasurer for purposes established by the Treasurer’s
Local
Investment
Advisory Committee.
(b)
The amount authorized in subsection (a) of this section shall include all
credit facilities authorized by the General Assembly and established by the
Treasurer prior to or subsequent to the effective date of this section, and the
renewal or replacement of those credit facilities.
Sec.
26.
TREASURER’S
LOCAL
INVESTMENT
ADVISORY
COMMITTEE; REPORT
(a)
Creation of committee.
The Treasurer’s Local Investment Advisory
Committee (Advisory Committee) is established to advise the Treasurer on
funding priorities and address other mechanisms to increase local investment.
(b)
Membership.
(1)
The Advisory Committee shall be composed of six members as
follows:
(A)
the State Treasurer or designee;
(B)
the
Chief
Executive
Officer
of
the
Vermont
Economic
Development Authority or designee;
(C)
the Chief Executive Officer of the Vermont Student Assistance
Corporation or designee;
(D)
the Executive Director of the Vermont Housing Finance Agency
or designee;
(E)
the Director of the Municipal Bond Bank or designee; and
(F)
the Director of Efficiency Vermont or designee.
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(2)
The State Treasurer shall be the Chair of the Advisory Committee
and shall appoint a vice chair and secretary.
The appointed members of the
Advisory Committee shall be appointed for terms of six years and shall serve
until their successors are appointed and qualified.
(c)
Powers and duties.
The Advisory Committee shall:
(1)
meet regularly to review and make recommendations to the State
Treasurer on funding priorities and using other mechanisms to increase local
investment in the State of Vermont;
(2)
invite regularly State organizations and citizens groups to Advisory
Committee meetings to present information on needs for local investment,
capital gaps, and proposals for financing; and
(3)
consult with constituents and review feedback on changes and needs
in the local and State investment and financing environments.
(d)
Meetings.
The Advisory Committee shall meet no more than six times
per calendar year.
The meetings shall be convened by the State Treasurer.
(e)
Report.
On or before January 15, 2015, and annually thereafter, the
Advisory Committee shall submit a report to the Senate Committees on
Finance and on Government Operations and the House Committees on Ways
and Means and on Government Operations.
The report shall include the
following:
(1)
the amount of the subsidies associated with lending through each
credit facility authorized by the General Assembly and established by the
Treasurer;
(2)
a description of the Advisory Committee’s activities; and
(3)
any information gathered by the Advisory Committee on the State’s
unmet capital needs, and other opportunities for State support for local
investment and the community.
(f)
It is the intent of the General Assembly that the Advisory Committee
report described in subsection (e) of this section that is due on or before
January 15, 2015 shall include a recommendation on whether to grant statutory
authority to the Vermont Economic Development Authority to engage in
banking activities.
* * * Vermont Enterprise Fund * * *
Sec. 27.
VERMONT ENTERPRISE FUND
(a)
There is created a Vermont Enterprise Fund, the sums of which may be
used by the Governor, with the approval of the Emergency Board, for the
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purpose of making economic and financial resources available to businesses
facing circumstances that necessitate State government support and response
more rapidly than would otherwise be available from, or that would be in
addition to, other economic incentives.
(b)(1)
The Fund shall be administered by the Commissioner of Finance and
Management as a special fund under the provisions of chapter 7, subchapter 5
of this title.
(2)
The Fund shall contain any amounts transferred or appropriated to it
by the General Assembly.
(3)
Interest earned on the Fund and any balance remaining at the end of
the fiscal year shall remain in the Fund.
(4)
The Commissioner shall maintain records that indicate the amount of
money in the Fund at any given time.
(c)
The Governor is authorized to use amounts available in the Fund to
offer economic and financial resources to an eligible business pursuant to this
section, subject to approval by the Emergency Board as provided in subsection
(e) of this section.
(d)
To be eligible for an investment through the Fund, the Governor shall
determine that a business:
(1)
adequately demonstrates:
(A)
a substantial statewide or regional economic or employment
impact; or
(B)
approval or eligibility for other economic development incentives
and programs offered by the State of Vermont; and
(2)
is experiencing one or more of the following circumstances:
(A)
a merger or acquisition may cause the closing of all or a portion
of a Vermont business, or closure or relocation outside Vermont will cause the
loss of employment in Vermont;
(B)
a prospective purchaser is considering the acquisition of an
existing business in Vermont;
(C)
an existing employer in Vermont, which is a division or
subsidiary of a multistate or multinational company, may be closed or have its
employment significantly reduced; or
(D)
is considering Vermont for relocation or expansion.
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(e)(1)
Any economic and financial resources offered by the Governor under
this section must be approved by the Emergency Board before an eligible
business may receive assistance from the Fund.
(2)
The Board shall invite the Chair of the Senate Committee on
Economic Development, Housing and General Affairs and the Chair of the
House Committee on Commerce and Economic Development to participate in
Board deliberations under this section in an advisory capacity.
(3)
The Governor or designee, shall present to the Emergency Board for
its approval:
(A)
information on the company;
(B)
the circumstances supporting the offer of economic and financial
resources;
(C)
a summary of the economic activity proposed or that would be
forgone:
(D)
other State incentives and programs offered or involved;
(E)
the economic and financial resources offered by the Governor
requiring use of monies from the Fund;
(F)
employment, investment, and economic impact of Fund support
on the employer, including a fiscal cost-benefit analysis; and
(G)
terms and conditions of the economic and financial resources
offered, including:
(i)
the total dollar amount and form of the economic and financial
resources offered;
(ii)
employment creation, employment retention, and capital
investment performance requirements; and
(iii)
disallowance and recapture provisions.
(4)
The
Emergency
Board
shall
have
the
authority
to
approve,
disapprove, or modify an offer of economic and financial resources in its
discretion, including consideration of the following:
(A)
whether the business has presented sufficient documentation to
demonstrate compliance with subsection (d) of this section;
(B)
whether the Governor has presented sufficient information to the
Board under subdivision (3) of this subsection (e);
(C)
whether the business has received other State resources and
incentives, and if so, the type and amount; and
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(D)
whether the business and the Governor have made available to
the Board sufficient information and documentation for the Auditor of
Accounts to perform an adequate performance audit of the program, including
the extent to which necessary information or documentation is or will be
withheld under a claim that it is confidential, proprietary, or subject to
executive privilege.
(f)(1)
Proprietary business information and materials or other confidential
financial information submitted by a business to the State, or submitted by the
Governor to the Emergency Board, for the purpose of negotiating or approving
economic and financial resources under this section shall not be subject to
public disclosure under the State’s public records law in 1 V.S.A. chapter 5,
but shall be available to the Joint Fiscal Office or its agent upon authorization
of the Chair of the Joint Fiscal Committee, and shall also be available to the
Auditor of Accounts in connection with the performance of duties under
section 163 of this title; provided, however, that the Joint Fiscal Office or its
agent, and the Auditor of Accounts, shall not disclose, directly or indirectly, to
any person any proprietary business or other confidential information or any
information which would identify a business except in accordance with a
judicial order or as otherwise specifically provided by law.
(2)
Nothing in this subsection shall be construed to prohibit the
publication of statistical information, rulings, determinations, reports, opinions,
policies, or other information so long as the data are disclosed in a form that
cannot identify or be associated with a particular business.
(g)
On or before January 15 of each year following a year in which
economic and financial resources were made available pursuant to this section,
the Secretary of Commerce and Community Development shall submit to the
House Committees on Commerce and Economic Development and on Ways
and Means and to the Senate Committees on Finance and on Economic
Development, Housing and General Affairs a report on the resources made
available pursuant to this section, including:
(1)
the name of the recipient;
(2)
the amount and type of
the resources;
(3)
the aggregate number of jobs created or retained as a result of the
resources;
(4)
a statement of costs and benefits to the State; and
(5)
whether any offer of resources was disallowed or recaptured.
(h)
This section shall sunset on June 30, 2016 and any remaining balance in
the Fund shall be transferred to the General Fund.
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Sec. 28.
CONTINGENT FISCAL YEAR 2014 APPROPRIATION
(a)
After satisfying the requirements of 32 V.S.A. § 308, and after other
reserve requirements have been met and prior to any funds reserved pursuant
to 32 V.S.A. § 308c, any remaining unreserved and undesignated end of fiscal
year General Fund surplus up to $5,000,000 shall be appropriated to the extent
available, in the following order:
(1)
$500,000 to the Vermont Economic Development Authority for loan
loss reserves within the Vermont Entrepreneurial Lending Program for the
purposes specified in 10 V.S.A. § 280bb as amended by S.220 of 2014;
(2)
$4,500,000 to the Vermont Enterprise Fund for the purposes
specified in Sec. E.100.5 of this act.
* * * Telecommunications; Legislative Purpose; Intent * * *
Sec. 29.
LEGISLATIVE PURPOSE; FINDINGS
It is the intent of the General Assembly to maintain a robust and modern
telecommunications network in Vermont by making strategic investments in
improved technology for all Vermonters.
To achieve that goal, it is the
purpose of this act to upgrade the State’s telecommunications objectives and
reorganize government functions in a manner that results in more coordinated
and efficient State programs and policies, and, ultimately, produces operational
savings that may be invested in further deployment of broadband and mobile
telecommunications services for the benefit of all Vermonters.
In addition, it
is the intent of the General Assembly to update and provide for a more
equitable
application
of
the
Universal
Service
Fund
(USF)
surcharge.
Together, these operational savings and additional USF monies will raise at
least $1.45 million annually, as follows:
(1)
$650,000.00 from an increase in the USF charge to a flat two
percent;
(2)
$500,000.00 from application of the USF charge to prepaid wireless
telecommunications service providers; and
(3)
$300,000.00
in
operational
savings
from
the
transfer
and
consolidation of State telecommunications functions.
* * * USF; Connectivity Fund; Prepaid Wireless; Rate of Charge * * *
Sec. 30.
30 V.S.A. § 7511 is amended to read:
§ 7511.
DISTRIBUTION GENERALLY
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(a)
As directed by the public service board, Public Service Board funds
collected by the fiscal agent, and interest accruing thereon, shall be distributed
as follows:
(1)
To to pay costs payable to the fiscal agent under its contract with the
public service board. Board;
(2)
To to support the Vermont telecommunications relay service in the
manner provided by section 7512 of this title.;
(3)
To to support the Vermont lifeline Lifeline program in the manner
provided by section 7513 of this title.;
(4)
To to support enhanced-911 Enhanced-911 services in the manner
provided by section 7514 of this title.; and
(5)
To reduce the cost to customers of basic telecommunications service
in high-cost areas, in the manner provided by section 7515 of this title to
support the Connectivity Fund established in section 7516 of this chapter.
(b)
If insufficient funds exist to support all of the purposes contained in
subsection (a) of this section, the public service board Board shall conduct an
expedited proceeding to allocate the available funds, giving priority in the
order listed in subsection (a).
Sec. 31.
30 V.S.A. § 7516 is added to read:
§ 7516.
CONNECTIVITY FUND
(a)
There is created a Connectivity Fund for the purpose of providing
access to Internet service that is capable of speeds of at least 4 Mbps download
and 1 Mbps upload to every E-911 business and residential location in
Vermont, beginning with locations not served as of December 31, 2013
according to the minimum technical service characteristic objectives applicable
at that time.
Within this category of unserved Vermonters, priority shall be
given to locations having access to only satellite or dial-up Internet service.
Any new services funded in whole or in part by monies in this Fund shall be
capable of being continuously upgraded to reflect the best available, most
economically feasible service capabilities.
(b)
The fiscal agent shall determine annually, on or before September 1, the
amount of funds available to the Connectivity Fund.
The Department of Public
Service shall publish annually a list of census blocks eligible for funding based
on the Department’s most recent broadband mapping data.
The Department
annually
shall
solicit
proposals
from
service
providers,
the
Vermont
Telecommunications Authority, and the Division for Connectivity to deploy
broadband to eligible census blocks.
The Department shall give priority to
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proposals that reflect the lowest cost of providing services to unserved
locations; however, the Department also shall consider:
(1)
the proposed data transfer rates and other data transmission
characteristics of services that would be available to consumers;
(2)
the price to consumers of services;
(3)
the proposed cost to consumers of any new construction, equipment
installation service, or facility required to obtain service;
(4)
whether the proposal would use the best available technology that is
economically feasible;
(5)
the availability of service of comparable quality and speed; and
(6)
the objectives of the State’s Telecommunications Plan.
Sec. 32.
30 V.S.A. § 7521 is amended to read:
§ 7521.
CHARGE IMPOSED; WHOLESALE EXEMPTION
(a)
A universal service charge is imposed on all retail telecommunications
service provided to a Vermont address.
Where the location of a service and the
location receiving the bill differ, the location of the service shall be used to
determine whether the charge applies.
The charge is imposed on the person
purchasing the service, but shall be collected by the telecommunications
provider.
Each telecommunications service provider shall include in its tariffs
filed at the public service board Public Service Board a description of its
billing procedures for the universal service fund charge.
(b)
The universal service charge shall not apply to wholesale transactions
between
telecommunications
service
providers
where
the
service
is
a
component part of a service provided to an end user.
This exemption includes,
but is not limited to, network access charges and interconnection charges paid
to a local exchange carrier.
(c)
In the case of mobile telecommunications service, the universal service
charge is imposed when the customer’s place of primary use is in Vermont.
The
terms
“customer,”
“place
of
primary
use,”
and
“mobile
telecommunications service” have the meanings given in 4 U.S.C. § 124.
All
provisions of 32 V.S.A. § 9782 shall apply to the imposition of the universal
service charge under this section.
(d)(1)
Notwithstanding any other provision of law to the contrary, in the
case of prepaid wireless telecommunications services, the universal service
charge shall be imposed on the provider in the manner determined by the
Public Service Board pursuant to subdivision (3) of this subsection.
- 3165 -
(2)
As used in this subsection, “prepaid wireless telecommunications
service” means a telecommunications service as defined in section 203(5) of
this title that a consumer pays for in advance and that is sold in predetermined
units or dollars that decline with use.
(3)
The Public Service Board shall establish a formula to ensure the
universal service charge imposed on prepaid wireless telecommunications
service
providers
reflects
two
percent
of
retail
prepaid
wireless
telecommunications service in Vermont beginning on September 1, 2014.
Sec. 33.
30 V.S.A. § 7523 is amended to read:
§ 7523.
RATE ADJUSTED ANNUALLY OF CHARGE
(a)
Annually, after considering the probable expenditures for programs
funded pursuant to this chapter, the probable service revenues of the industry
and seeking recommendations from the department, the public service board
shall establish a rate of charge to apply during the 12 months beginning on the
following September 1.
However, the rate so established shall not at any time
exceed two percent of retail telecommunications service.
The board’s decision
shall be entered and announced each year before July 15.
However, if the
general assembly does not enact an authorization amount for E-911 before
July 15,
the
board
may
defer
decision
until
30
days
after
the
E-911
authorization is established, and the existing charge rate shall remain in effect
until the board establishes a new rate Beginning on July 1, 2014, the annual
rate of charge shall be two percent of retail telecommunications service.
(b)
Universal service charges imposed and collected by the fiscal agent
under this subchapter shall not be transferred to any other fund or used to
support the cost of any activity other than in the manner authorized by section
7511 of this title.
Sec. 34.
30 V.S.A. § 7524 is amended to read:
§ 7524.
PAYMENT TO FISCAL AGENT
(a)
Telecommunications service providers shall pay to the fiscal agent all
universal service charge receipts collected from customers.
A report in a form
approved by the public service board Public Service Board shall be included
with each payment.
(b)
Payments shall be made monthly, by the 15th day of the month, and
shall be based upon amounts collected in the preceding month.
If the amount
is small, the board Board may allow payment to be made less frequently, and
may permit payment on an accrual basis.
- 3166 -
(c)
Telecommunications service providers shall maintain records adequate
to demonstrate compliance with the requirements of this chapter.
The board
Board or the fiscal agent may examine those records in a reasonable manner.
(d)
When a payment is due under this section by a telecommunications
service provider who has provided customer credits under the lifeline Lifeline
program, the amount due may be reduced by the amount of credit granted.
(e)
The fiscal agent shall examine the records of telecommunications
service providers to determine whether their receipts reflect application of the
universal service charge on all assessable telecommunications services under
this chapter, including the federal subscriber line charge, directory assistance,
enhanced services unless they are billed as separate line items, and toll-related
services.
* * * State Telecommunications Plan; Division for Connectivity; VTA * * *
Sec. 35.
30 V.S.A. § 202c is amended to read:
§ 202c.
STATE TELECOMMUNICATIONS; POLICY AND PLANNING
(a)
The General Assembly finds that advances in telecommunications
technology and changes in federal regulatory policy are rapidly reshaping
telecommunications services, thereby promising the people and businesses of
the State communication and access to information, while creating new
challenges for maintaining a robust, modern telecommunications network in
Vermont.
(b)
Therefore, to direct the benefits of improved telecommunications
technology to all Vermonters, it is the purpose of this section and section 202d
of this title to:
(1)
Strengthen strengthen the
State’s
role
in
telecommunications
planning.;
(2)
Support support the
universal
availability
of
appropriate
infrastructure and affordable services for transmitting voice and high-speed
data.;
(3)
Support support the
availability
of modern
mobile
wireless
telecommunications services along the State’s travel corridors and in the
State’s communities.;
(4)
Provide provide for
high-quality,
reliable
telecommunications
services for Vermont businesses and residents.;
(5)
Provide
provide
the
benefits
of
future
advances
in
telecommunications technologies to Vermont residents and businesses.;
- 3167 -
(6)
Support support competitive
choice
for
consumers
among
telecommunications
service
providers
and
promote
open
access
among
competitive service providers on nondiscriminatory terms to networks over
which broadband and telecommunications services are delivered.;
(7)
Support, to the extent practical and cost effective, support the
application
of
telecommunications
technology
to
maintain
and
improve
governmental
and
public
services,
public
safety,
and
the
economic
development of the State.;
(8)
Support support deployment of broadband infrastructure that:
(A)
Uses uses the best commercially available technology.; and
(B)
Does does not negatively affect the ability of Vermont to take
advantage of future improvements in broadband technology or result in
widespread installation of technology that becomes outmoded within a short
period after installation.; and
(9)
In in the deployment of broadband infrastructure, encourage the use
of existing facilities, such as existing utility poles and corridors and other
structures, in preference to the construction of new facilities or the replacement
of existing structures with taller structures.
(10)
support measures designed to ensure that by the end of the year
2024
every
E-911
business
and
residential
location
in
Vermont
has
infrastructure capable of delivering Internet access with service that has a
minimum download speed of 100 Mbps and is symmetrical.
Sec. 36.
30 V.S.A. § 202d is amended to read:
§ 202d.
TELECOMMUNICATIONS PLAN
(a)
The department of public service Department of Public Service shall
constitute the responsible planning agency of the state State for the purpose of
obtaining for all consumers in the state State stable and predictable rates and a
technologically advanced telecommunications network serving all service
areas in the state State.
The department of public service Department shall be
responsible for the provision of plans for meeting emerging trends related to
telecommunications technology, markets, financing, and competition.
(b)
The department
of
public
service Department shall
prepare
a
telecommunications plan Telecommunications Plan for the state State.
The
department of innovation and information Department of Innovation and
Information, the Division for Connectivity and the agency of commerce and
community development Agency of Commerce and Community Development
shall assist the department of public service Department of Public Service in
preparing the plan Plan.
The plan Plan shall be for a seven-year ten-year
- 3168 -
period and shall serve as a basis for state State telecommunications policy.
Prior to preparing the plan Plan, the department of public service Department
shall prepare:
(1)
an overview, looking seven ten years ahead, of future requirements
for telecommunications services, considering services needed for economic
development, technological advances, and other trends and factors which, as
determined by the department of public service Department of Public Service,
will significantly affect state State telecommunications policy and programs;
(2)
a survey of Vermont residents and businesses, conducted in
cooperation with the agency of commerce and community development
Agency of Commerce and Community Development and the Division for
Connectivity, to determine what telecommunications services are needed now
and in the succeeding seven ten years;
(3)
an
assessment
of
the
current
state
of
telecommunications
infrastructure;
(4)
an assessment, conducted in cooperation with the department of
innovation and information Department of Innovation and Information and the
Division for Connectivity, of the current state State telecommunications
system and evaluation of alternative proposals for upgrading the system to
provide
the
best
available
and
affordable
technology
for
use
by
government; and
(5)
an assessment of the state of telecommunications networks and
services in Vermont relative to other states, including price comparisons for
key services and comparisons of the state of technology deployment.
(c)
In developing the plan Plan, the department Department shall take into
account the policies and goals of section 202c of this title.
(d)
In establishing plans, public hearings shall be held and the department
of public service Department shall consult with members of the public,
representatives of telecommunications utilities, other providers, and other
interested state State agencies, particularly the agency of commerce and
community development Agency of Commerce and Community Development,
the
Division
for
Connectivity, and
the department
of
innovation
and
information Department of Innovation and Information, whose views shall be
considered in preparation of the plan Plan.
To the extent necessary, the
department of public service Department shall include in the plan Plan surveys
to
determine
existing,
needed,
and
desirable
plant
improvements
and
extensions, access and coordination between telecommunications providers,
methods of operations, and any change that will produce better service or
reduce costs.
To this end, the department of public service Department may
- 3169 -
require the submission of data by each company subject to supervision by the
public service board Public Service Board.
(e)
Before adopting a plan Plan, the department Department shall conduct
public hearings on a final draft and shall consider the testimony presented at
such hearings in preparing the final plan Plan.
At least one hearing shall be
held jointly with committees Committees of the general assembly General
Assembly designated by the general assembly General Assembly for this
purpose.
The plan Plan shall be adopted by September 1, 2004 September 1,
2014.
(f)
The department Department, from time to time, but in no event less than
every three years, institute proceedings to review a plan Plan and make
revisions, where necessary.
The three-year major review shall be made
according to the procedures established in this section for initial adoption of
the plan Plan.
For good cause or upon request by a joint resolution Joint
Resolution passed by the general assembly General Assembly, an interim
review and revision of any section of the plan Plan may be made after
conducting public hearings on the interim revision.
At least one hearing shall
be held jointly with committees Committees of the general assembly General
Assembly designated by the general assembly General Assembly for this
purpose.
(g)
The Department shall review and update the minimum technical service
characteristic objectives not less than every three years beginning in 2017.
In
the event such review is conducted separately from an update of the Plan, the
Department shall issue revised minimum technical service
characteristic
objectives as an amendment to the Plan.
Sec. 37.
3 V.S.A. § 2225 is added to read:
§ 2225.
DIVISION FOR CONNECTIVITY
(a)
Creation.
The Division for Connectivity is created within the Agency
of Administration as the successor in interest to and the continuation of the
Vermont Telecommunications Authority.
A Director for Connectivity shall be
appointed by the Secretary of Administration.
The Division shall receive
administrative support from the Agency.
(b)
Purposes.
The purposes of the Division are to promote:
(1)
access to affordable broadband service to all residences and
businesses in all regions of the State, to be achieved in a manner that is
consistent with the State Telecommunications Plan;
- 3170 -
(2)
universal
availability
of
mobile
telecommunication
services,
including voice and high-speed data along roadways, and near universal
availability statewide;
(3)
investment in telecommunications infrastructure in the State that
creates or completes the network for service providers to create last-mile
connection to the home or business and supports the best available and
economically feasible service capabilities;
(4)
the continuous upgrading of telecommunications and broadband
infrastructure in all areas of the State is to reflect the rapid evolution in the
capabilities
of
available
mobile
telecommunications
and
broadband
technologies,
and
in
the
capabilities
of
mobile
telecommunications
and
broadband services needed by persons, businesses, and institutions in the
State; and
(5)
the most efficient use of both public and private resources through
State
policies
by
encouraging
the
development
of
open
access
telecommunications infrastructure that can be shared by multiple service
providers.
(c)
Duties.
To achieve its purposes, the Division shall:
(1)
provide resources to local, regional, public, and private entities in the
form of grants, technical assistance, coordination, and other incentives;
(2)
prioritize the use of existing buildings and structures, historic or
otherwise,
as
sites
for
visually-neutral
placement
of
mobile
telecommunications and wireless broadband antenna facilities;
(3)
inventory and assess the potential to use federal radio frequency
licenses held by instrumentalities of the State to enable broadband service in
unserved areas of the State; take steps to promote the use of those licensed
radio frequencies for that purpose; and recommend to the General Assembly
any further legislative measures with respect to ownership, management, and
use of these licenses as would promote the general good of the State.
(4)
coordinate telecommunications initiatives among Executive Branch
agencies, departments, and offices.
(5)
from information reasonably available after public notice to and
written requests made of mobile telecommunications and broadband service
providers, develop and maintain an inventory of locations at which mobile
telecommunications and broadband services are not available within the State,
develop and maintain an inventory of infrastructure that is available or
reasonably likely to be available to support the provision of services to
- 3171 -
unserved areas, and develop and maintain an inventory of infrastructure
necessary for the provision of these services to the unserved areas;
(6)
identify the types and locations of infrastructure and services needed
to carry out the purposes stated in subsection (b) of this section;
(7)
formulate
an
action
plan
that
conforms
with
the
State
Telecommunications Plan and carries out the purposes stated in subsection (b)
of this section;
(8)
coordinate the agencies of the State to make public resources
available
to
support
the
extension
of
mobile
telecommunications
and
broadband infrastructure and services to all unserved areas;
(9)
support and facilitate initiatives to extend the availability of mobile
telecommunications and broadband services, and promote development of the
infrastructure that enables the provision of these services;
(10)
through the Department of Innovation and Information, aggregate
and broker access at reduced prices to services and facilities required to
provide wireless telecommunications and broadband services; and waive or
reduce State fees for access to State-owned rights-of-way in exchange for
comparable value to the State, unless payment for use is otherwise required by
federal law; and
(11)
receive all technical and administrative assistance as deemed
necessary by the Director for Connectivity.
(d)(1)
Deployment.
The Director may request voluntary disclosure of
information
regarding
deployment
of
broadband,
telecommunications
facilities, or advanced metering infrastructure that is not publicly funded.
Such
information may include data identifying projected coverage areas, projected
average speed of service, service type, and the anticipated date of completion
in addition to identifying the location and routes of proposed cables, wires, and
telecommunications facilities.
(2)
The Director may enter into a nondisclosure agreement with respect
to any voluntary
disclosures under this subsection and the information
disclosed pursuant thereto shall remain confidential.
Alternatively, entities that
voluntarily provide information requested under this subsection may select a
third party to be the recipient of such information.
The third party may
aggregate information provided by the entities, but shall not disclose the
information it has received to any person, including the Director.
The third
party shall only disclose the aggregated information to the Director.
The
Director
may
publicly
disclose
aggregated
information
based
upon
the
information provided under this subsection.
The confidentiality requirements
- 3172 -
of this subsection shall not affect whether information provided to any agency
of the State or a political subdivision of the State pursuant to other laws is or is
not subject to disclosure.
(e) Minimum technical service characteristics.
The Division only shall
promote the expansion of broadband services that offer actual speeds that meet
or exceed the minimum technical service characteristic objectives contained in
the State’s Telecommunications Plan.
(f)
Annual Report.
Notwithstanding 2 V.S.A. § 20(d), on or before
January 15 of each year, the Director shall submit a report of its activities for
the preceding fiscal year to the General Assembly.
Each report shall include
an operating and financial statement covering the Division’s operations during
the
year,
including
a
summary
of
all
grant
awards
and
contracts
and
agreements entered into by the Division, as well as the action plan required
under subdivision (c)(7) of this section.
In addition, the report shall include an
accurate map and narrative description of each of the following:
(1)
the
areas
served
and
the
areas
not
served
by
wireless
communications service, as identified by the Department of Public Service,
and cost estimates for providing such service to unserved areas;
(2)
the areas served and the areas not served by broadband that has a
download speed of at least 0.768 Mbps and an upload speed of at least
0.2 Mbps, as identified by the Department of Public Service, and cost estimates
for providing such service to unserved areas;
(3)
the areas served and the areas not served by broadband that has a
combined download and upload speed of at least 5 Mbps, as identified by the
Department of Public Service, and the costs for providing such service to
unserved areas; and
(4)
the areas served and the areas not served by broadband that has a
download speed of at least 100 Mbps and is symmetrical, as identified by the
Department of Public Service, and the costs for providing such service to
unserved areas.
Sec. 38.
REPEAL
3 V.S.A. § 2222b (Secretary of Administration responsible for coordination
and planning); 3 V.S.A.
§ 2222c (Secretary of Administration to prepare
deployment
report);
30
V.S.A.
§ 8077
(minimum
technical
service
characteristics); and 30 V.S.A. § 8079 (broadband infrastructure investment)
are repealed.
Sec.
39.
CREATION
OF
POSITIONS;
TRANSFER
OF
VACANT
POSITIONS; REEMPLOYMENT RIGHTS
- 3173 -
(a)
The following exempt positions are created within the Division for
Connectivity:
one full-time Director and up to six additional full-time
employees as deemed necessary by the Secretary of Administration.
(b)
The positions created under subsection (a) of this section shall only be
filled to the extent there are existing vacant positions in the Executive Branch
available to be transferred and converted to the new positions in the Division
for Connectivity, as determined by the Secretary of Administration and the
Commissioner of Human Resources, so that the total number of authorized
positions in the State shall not be increased by this act.
(c)
All full-time personnel of the Vermont Telecommunications Authority
employed by the Authority on the day immediately preceding the effective date
of this act, who do not obtain a position in the Division for Connectivity
pursuant to subsection (a) of this section, shall be entitled to the same
reemployment or recall rights available to nonmanagement State employees
under the existing collective bargaining agreement entered into between the
State and the Vermont State Employees’ Association.
Sec. 40.
TRANSITIONAL PROVISIONS
(a)
Personnel.
The Secretary of Administration shall determine where the
offices of the Division for Connectivity shall be housed.
(b)
Assets and liabilities.
The assets and liabilities of the Vermont
Telecommunications Authority (VTA) shall become the assets and liabilities of
the Agency of Administration.
(c)
Legal and contractual obligations.
The Executive Director of the VTA,
in consultation with the Secretary of Administration, shall identify all grants
and contracts of the VTA and create a plan to redesignate the Agency of
Administration as the responsible entity.
The plan shall ensure that all existing
grantors, grantees, and contractors are notified of the redesignation.
* * * Conduit Standards; Public Highways * * *
Sec. 41.
3 V.S.A. § 2226 is added to read:
§ 2226.
PUBLIC HIGHWAYS; CONDUIT STANDARDS
(a)
Intent.
The intent of this section is to provide for the construction of
infrastructure sufficient to allow telecommunications service providers seeking
to deploy communication lines in the future to do so by pulling the lines
through the conduit and appurtenances installed pursuant to this section.
This
section is intended to require those constructing public highways, including
State, municipal, and private developers, to provide and install such conduit
and
appurtenances
as
may
be
necessary
to
accommodate
future
- 3174 -
telecommunications needs within public highways and rights-of-way without
further excavation or disturbance.
(b)
Rules; standards.
On or before January 1, 2015, the Secretary of
Administration, in consultation with the Commissioner of Public Service, the
Secretary of Transportation, and the Vermont League of Cities and Towns,
shall adopt rules requiring the installation of conduit and such vaults and other
appurtenances
as
may
be
necessary
to
accommodate
installation
and
connection of telecommunications lines within the conduit during highway
construction projects.
The rules shall specify construction standards with due
consideration given to existing and anticipated technologies and industry
standards.
The standards shall specify the minimum diameter of the conduit
and interducts to meet the requirements of this section.
All conduit and
appurtenances installed by private parties under this section shall be conveyed
and dedicated to the State or the municipality, as the case may be, with the
dedication and conveyance of the public highway or right-of-way.
Any and all
installation costs shall be the responsibility of the party constructing the public
highway.
* * * Extension of 248a; Automatic Party Status * * *
Sec. 42.
30 V.S.A. § 248a is amended to read:
§ 248a.
CERTIFICATE OF PUBLIC GOOD FOR COMMUNICATIONS
FACILITIES
(a)
Certificate.
Notwithstanding any other provision of law, if the applicant
seeks approval for the construction or installation of telecommunications
facilities that are to be interconnected with other telecommunications facilities
proposed or already in existence, the applicant may obtain a certificate of
public good issued by the Public Service Board under this section, which the
Board may grant if it finds that the facilities will promote the general good of
the
State
consistent
with subsection
202c(b)
of
this
title the
State
Telecommunications Plan.
A single application may seek approval of one or
more telecommunications facilities.
An application under this section shall
include a copy of each other State and local permit, certificate, or approval that
has been issued for the facility under a statute, ordinance, or bylaw pertaining
to the environment or land use.
* * *
(i)
Sunset of Board authority.
Effective July 1, 2014 2016, no new
applications
for
certificates
of
public
good
under
this
section
may
be
considered by the Board.
* * *
- 3175 -
(m) Municipal bodies; participation. The legislative body and the planning
commission for the municipality in which a telecommunications facility is
located shall have the right to appear and participate on any application under
this section seeking a certificate of public good for the facility.
Sec. 43.
10 V.S.A. § 1264(j) is amended to read:
(j)
Notwithstanding any other provision of law, if an application to
discharge stormwater runoff pertains to a telecommunications facility as
defined in 30 V.S.A. § 248a and is filed before July 1, 2014 2016 and the
discharge will be to a water that is not principally impaired by stormwater
runoff:
(1)
The Secretary shall issue a decision on the application within 40
days of the date the Secretary determines the application to be complete, if the
application seeks authorization under a general permit.
(2)
The Secretary shall issue a decision on the application within 60
days of the date the Secretary determines the application to be complete, if the
application seeks or requires authorization under an individual permit.
Sec. 44.
10 V.S.A. § 8506 is amended to read:
§ 8506.
RENEWABLE ENERGY PLANT; TELECOMMUNICATIONS
FACILITY; APPEALS
(a)
Within 30 days of the date of the act or decision, any person aggrieved
by an act or decision of the secretary Secretary, under the provisions of law
listed in section 8503 of this title, or any party by right may appeal to the
public service board Public Service Board if the act or decision concerns a
renewable energy plant for which a certificate of public good is required under
30 V.S.A. § 248 or a telecommunications facility for which the applicant has
applied or has served notice under 30 V.S.A. § 248a(e) that it will apply for
approval under 30 V.S.A. § 248a.
This section shall not apply to a facility that
is subject to section 1004 (dams before the Federal Energy Regulatory
Commission) or 1006 (certification of hydroelectric projects) or chapter 43
(dams) of this title.
This section shall not apply to an appeal of an act or
decision of the secretary Secretary regarding a telecommunications facility
made on or after July 1, 2014 2016.
* * *
Sec. 45.
2011 Acts and Resolves No. 53, Sec. 14d is amended to read:
Sec.
14d.
PROSPECTIVE
REPEALS;
EXEMPTIONS
FROM
MUNICIPAL BYLAWS AND ORDINANCES
Effective July 1, 2014 2016:
- 3176 -
(1)
24 V.S.A. § 4413(h) (limitations on municipal bylaws) shall be
repealed; and
(2)
24
V.S.A.
§
2291(19)
(municipal
ordinances;
wireless
telecommunications facilities) is amended to read:
* * *
Sec. 46.
3 V.S.A. § 2809 is amended to read:
§ 2809.
REIMBURSEMENT OF AGENCY COSTS
(a)(1)
The Secretary may require an applicant for a permit, license,
certification, or order issued under a program that the Secretary enforces under
10 V.S.A. § 8003(a) to pay for the cost of research, scientific, programmatic,
or engineering expertise provided by the Agency of Natural Resources,
provided:
(A)
the The Secretary does not have such expertise or services and
such expertise is required for the processing of the application for the permit,
license, certification, or order; or.
(B)
the The Secretary does have such expertise but has made a
determination that it is beyond the agency’s Agency’s internal capacity to
effectively utilize that expertise to process the application for the permit,
license, certification, or order.
In addition, the Secretary shall determine that
such expertise is required for the processing of the application for the permit,
license, certification, or order.
(2)
The Secretary may require an applicant under 10 V.S.A. chapter 151
to pay for the time of Agency of Natural Resources personnel providing
research, scientific, or engineering services or for the cost of expert witnesses
when agency Agency personnel or expert witnesses are required for the
processing of the permit application.
(3)
In addition to the authority set forth under 10 V.S.A. chapters 59 and
159 and § section 1283, the Secretary may require a person who caused the
agency Agency to incur expenditures or a person in violation of a permit,
license, certification, or order issued by the Secretary to pay for the time of
agency Agency personnel
or
the
cost
of
other
research,
scientific,
or
engineering services incurred by the agency Agency in response to a threat to
public health or the environment presented by an emergency or exigent
circumstance.
* * *
- 3177 -
(g)
Concerning an application for a permit to discharge stormwater runoff
from a telecommunications facility as defined in 30 V.S.A. § 248a that is filed
before July 1, 2014 2016:
(1)
Under subdivision (a)(1) of this section, the agency Agency shall not
require an applicant to pay more than $10,000.00 with respect to a facility.
(2)
The provisions of subsection (c) (mandatory meeting) of this section
shall not apply.
* * * Administration Report; E-911; Vermont USF Fiscal Agent; Vermont
Communications Board; FirstNet * * *
Sec.
47.
ADMINISTRATION
REPORT;
TRANSFERS
AND
CONSOLIDATION; VERMONT USF FISCAL AGENT
(a)
On January 1, 2015, after receiving input from State and local agencies
potentially impacted, the Secretary of Administration shall submit a report to
the General Assembly proposing a plan for transferring the responsibilities and
powers of the Enhanced 911 Board, including necessary positions, to the
Division
for
Connectivity,
the
Department
of
Public
Service,
or
the
Department of Public Safety, as he or she deems appropriate.
The plan shall
include
budgetary
recommendations
and
shall
strive
to
achieve
annual
operational savings of at least $300,000.00, as well as enhanced coordination
and efficiency, and reductions in operational redundancies.
The report shall
include draft legislation implementing the Secretary’s plan.
In addition, the
report shall include findings and recommendations on whether it would be cost
effective to select an existing State agency to serve as fiscal agent to the
Vermont Universal Service Fund.
(b)
As part of the report required in subsection (a) of this section, the
Secretary shall also make findings and recommendations regarding the status
of the Vermont Communications Board, Department of Public Safety, and the
Vermont Public Safety Broadband Network Commission (Vermont FirstNet).
If not prohibited by federal law, the Secretary shall propose draft legislation
creating an advisory board within the Division for Connectivity or the
Department of Public Safety comprised of 15 members appointed by the
Governor to assume functions of the current Enhanced 911 Board, the
Vermont Communications Board, and Vermont FirstNet, as the Secretary
deems appropriate.
Upon establishment of the new advisory board and not
later than July 1, 2015, the E-911 Board and the Vermont Communications
Board shall cease to exist.
* * * DPS Deployment Report * * *
Sec. 48.
DEPARTMENT OF PUBLIC SERVICE; DEPLOYMENT REPORT
- 3178 -
On July 15, 2015, the Commissioner of Public Service shall submit to the
General Assembly a report, including maps, indicating the service type and
average
speed
of
service
of
mobile
telecommunications
and
broadband
services available within the State by census block as of June 30, 2015.
* * * VTA; Dormant Status * * *
Sec. 49.
30 V.S.A. § 8060a is added to read:
§ 8060a.
PERIOD OF DORMANCY
On July 1, 2015, the Division for Connectivity established under 3 V.S.A.
§ 2225 shall become the successor in interest to and the continuation of the
Vermont Telecommunications Authority, and the Authority shall cease all
operations and shall not resume its duties as specified under this chapter or
under any other Vermont law unless directed to do so by enactment of the
General Assembly or, if the General Assembly is not in session, by order of the
Joint Fiscal Committee.
The Joint Fiscal Committee shall issue such order
only upon finding that, due to an unforeseen change in circumstances,
implementation of the Authority’s capacity to issue revenue bonds would be
the most effective means of furthering the State’s telecommunications goals
and policies.
Upon the effective date of such enactment or order, the duties of
the Executive Director and the Board of Directors of the Authority shall
resume in accordance with 30 V.S.A. chapter 91 and the Director for
Connectivity shall be the acting Executive Director of the Authority, until the
position is filled pursuant to 30 V.S.A. § 8061(e).
* * * Telecommunications; CPGs; Annual Renewals;
Retransmission Fees * * *
Sec. 50.
30 V.S.A. § 231 is amended to read:
§
231.
CERTIFICATE
OF
PUBLIC
GOOD;
ABANDONMENT
OF
SERVICE; HEARING
(a)
A person, partnership, unincorporated association, or previously
incorporated association, which desires to own or operate a business over
which the public service board Public Service Board has jurisdiction under the
provisions of this chapter shall first petition the board Board to determine
whether the operation of such business will promote the general good of the
state, State
and
conforms
with
the
State
Telecommunications
Plan,
if
applicable, and shall at that time file a copy of any such petition with the
department Department.
The department Department, within 12 days, shall
review the petition and file a recommendation regarding the petition in the
same manner as is set forth in subsection 225(b) of this title.
Such
recommendation shall set forth reasons why the petition shall be accepted
- 3179 -
without hearing or shall request that a hearing on the petition be scheduled.
If
the department Department requests a hearing on the petition, or, if the board
Board deems a hearing necessary, it shall appoint a time and place in the
county where the proposed corporation is to have its principal office for
hearing the petition, and shall make an order for the publication of the
substance thereof and the time and place of hearing two weeks successively in
a newspaper of general circulation in the county to be served by the petitioner,
the last publication to be at least seven days before the day appointed for the
hearing.
The director for public advocacy Director for Public Advocacy shall
represent the public at such hearing.
If the board Board finds that the operation
of such business will promote the general good of the state, State and will
conform with the State Telecommunications Plan, if applicable, it shall give
such
person,
partnership,
unincorporated
association
or
previously
incorporated association a certificate of public good specifying the business
and territory to be served by such petitioners.
For good cause, after
opportunity for hearing, the board Board may amend or revoke any certificate
awarded under the provisions of this section.
If any such certificate is revoked,
the person, partnership, unincorporated association, or previously incorporated
association shall no longer have authority to conduct any business which is
subject to the jurisdiction of the board Board whether or not regulation
thereunder has been reduced or suspended, under section 226a or 227a of
this title.
(b)
A company subject to the general supervision of the public service
board Public Service Board under section 203 of this title may not abandon or
curtail any service subject to the jurisdiction of the board Board or abandon all
or any part of its facilities if it would in doing so effect the abandonment,
curtailment or impairment of the service, without first obtaining approval of
the public service board Board, after notice and opportunity for hearing, and
upon finding by the board Board that the abandonment or curtailment is
consistent with the public interest and the State Telecommunications Plan, if
applicable; provided, however, this section shall not apply to disconnection of
service pursuant to valid tariffs or to rules adopted under section subsections
209(b) and (c) of this title.
Sec. 51.
30 V.S.A. § 504 is amended to read:
§ 504.
CERTIFICATES OF PUBLIC GOOD
(a)
Certificates of public good granted under this chapter shall be for a
period of 11 years.
(b)
Issuance of a certificate shall be after opportunity for hearing and
findings by the board Board that the applicant has complied or will comply
- 3180 -
with requirements adopted by the board Board to ensure that the system
provides:
(1) designation of adequate channel capacity and appropriate facilities
for public, educational, or governmental use;
(2)
adequate and technically sound facilities and equipment, and signal
quality;
(3)
a reasonably broad range of public, educational, and governmental
programming;
(4)
the
prohibition
of
discrimination
among
customers
of
basic
service; and
(5)
basic service in a competitive market, and if a competitive market
does not exist, that the system provides basic service at reasonable rates
determined in accordance with section 218 of this title; and
(6)
service that conforms with the relevant provisions of the State
Telecommunications Plan.
(c)
In addition to the requirements set forth in subsection (b) of this section,
the board Board shall insure ensure that the system provides or utilizes:
(1)
a reasonable quality of service for basic, premium or otherwise,
having regard to available technology, subscriber interest, and cost;
(2)
construction, including installation, which conforms to all applicable
state State and federal laws and regulations and the National Electric Safety
Code;
(3)
a competent staff sufficient to provide adequate and prompt service
and to respond quickly and comprehensively to customer and department
Department complaints and problems;
(4)
unless waived by the board Board, an office which shall be open
during usual business hours, have a listed toll-free telephone so that complaints
and requests for repairs or adjustments may be received; and
(5)
reasonable rules and policies for line extensions, disconnections,
customer deposits, and billing practices.
(d)
A certificate granted to a company shall represent nonexclusive
authority of that company to build and operate a cable television system to
serve customers only within specified geographical boundaries.
Extension of
service beyond those boundaries may be made pursuant to the criteria in
section 504 of this title this section, and the procedures in section 231 of
this title.
- 3181 -
(e)
Subdivision (b)(6) of this section (regarding conformity with the State
Telecommunications Plan) shall apply only to certificates that expire or new
applications that are filed after the year 2014.
Sec. 52.
30 V.S.A. § 518 is added to read:
§ 518.
DISCLOSURE OF RETRANSMISSION FEES
A
retransmission
agreement
entered
into
between
a
commercial
broadcasting station and a cable company pursuant to 47 U.S.C. § 325 shall not
include terms prohibiting the company from disclosing to its subscribers any
fees incurred for program content retransmitted on the cable network under the
retransmission agreement.
* * * Statutory Revision Authority * * *
Sec.
53.
LEGISLATIVE
COUNCIL
STATUTORY
REVISION
AUTHORITY; LEGISLATIVE INTENT
(a)
The staff of the Office of the Legislative Council in its statutory
revision capacity is authorized and directed to amend the Vermont Statutes
Annotated as follows:
(1)
deleting all references to “by the end of the year 2013” in 30 V.S.A.
(2)
during the interim of the 2015 biennium of the General Assembly, in
30 V.S.A. § 227e, replacing every instance of the words “Secretary of
Administration” and “Secretary” with the words “Director for Connectivity”
and “Director,” respectively.
(b)
Any duties and responsibilities that arise by reference to the Division
for Connectivity in the Vermont Statutes Annotated shall not be operative until
the Division is established pursuant to 3 V.S.A. § 2225.
* * * Effective Dates * * *
Sec. 54.
EFFECTIVE DATES
This act shall take effect on July 1, 2014, except that 16 V.S.A. § 2888(d) in
Sec. 22 and Secs. 37, 38, and 39 (regarding the Division for Connectivity) shall
take effect on July 1, 2015.
(For House Proposal of Amendment see House Journal April 30, 2014
Page 1581)
Committee of Conference Report
H. 526
An act relating to the establishment of lake shoreland protection standards
- 3182 -
TO THE SENATE AND HOUSE OF REPRESENTATIVES:
The Committee of Conference to which were referred the disagreeing votes
of the two Houses upon House Bill entitled:
H. 526 An act relating to the establishment of lake shoreland protection
standards
Respectfully report that they have met and considered the same and
recommend that the the bill be amended by striking all after the enacting clause
and inserting in lieu thereof the following:
Sec. 1.
LEGISLATIVE FINDINGS AND LEGISLATIVE INTENT
The General Assembly finds and declares that:
(1)
Clean water is essential in Vermont’s quality of life.
(2)
Preserving, protecting, and restoring the water quality of all lakes,
ponds, rivers, and streams are necessary for the clean water, recreation,
economic opportunity, wildlife habitat, and ecological value that such waters
provide.
(3)
Currently, there are multiple pressures on the protection of the water
quality of the State’s surface waters.
(4)
The State has responded to the multiple pressures on water quality
by
implementing
regulatory
programs
for
stormwater,
wastewater,
and
agricultural runoff, but water quality issues remain that need addressing.
(5)
Vermont’s lakes are among the State’s most valuable and fragile
economic and natural resources, and the protection of naturally vegetated
shorelands adjacent to lakes is necessary to prevent water quality degradation,
maintain healthy habitat, and promote flood resilience.
(6)
Naturally
vegetated
shorelands
and implementation
of
best
management practices in lands adjacent to lakes function to:
(A)
intercept and infiltrate surface water runoff, wastewater, and
groundwater flows from upland sources;
(B)
remove or minimize the effects of nutrients, sediment, organic
matter, pesticides, and other pollutants;
(C)
moderate the temperature of shallow water habitat;
(D)
maintain the conditions that sustain the full support of aquatic
biota, wildlife, and aquatic habitat uses; and
(E)
promote stability and flood resilience by protecting shoreline
banks from erosion.
- 3183 -
(7)
Healthy lakes and adjacent shorelands:
(A)
support Vermont’s tourism economy and promote widespread
recreational opportunities, including swimming, boating, fishing, and hunting;
(B)
support property values and tax base; and
(C)
reduce human health risks.
(8)
According to the Agency of Natural Resources Water Quality
Remediation, Implementation, and Funding Report in 2013, review of the
development, protection, and stabilization of shorelands is necessary because
of the importance of shorelands to the health of lakes.
(9)
A lake or pond of more than 10 acres is located in 184 of the State’s
251 municipalities.
However, only 48 municipalities have shoreland zoning
that requires vegetative cover.
Scientifically based standards for impervious
surface and cleared area adjacent to lakes are necessary to protect and maintain
the integrity of water quality and aquatic and shoreland habitat, while also
allowing for reasonable development of shorelands.
(10)
The shorelands of the State owned by private persons remain
private property, and this act does not extend the common-law public trust
doctrine to private shoreland that is not currently public trust land.
The State
has an interest in protecting lakes and adjacent shorelands in a manner that
respects existing rights of property owners to control access to land they own
in lake shorelands, and the regulation of the creation of new impervious
surface or cleared area in the shoreland areas should not and does not affect the
ability of property owners to control access to their lands.
(11)
In order to fulfill the State’s role as trustee of its waters and
promote public health, safety, and the general welfare, it is in the public
interest for the General Assembly to establish lake shoreland protection
standards for impervious surface and cleared area in the shorelands adjacent to
the State’s lakes.
Sec. 2.
10 V.S.A. chapter 49A is added to read:
CHAPTER 49A.
LAKE SHORELAND PROTECTION STANDARDS
§ 1441.
PURPOSE
The purposes of this chapter shall be to:
(1)
provide clear and adaptable standards for the creation of impervious
surface or cleared area in lands adjacent to lakes;
(2)
prevent degradation of water quality in lakes and preserve natural
stability of shoreline;
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(3)
protect aquatic biota and protect habitat for wildlife and aquatic life;
(4)
mitigate, minimize, and manage any impact of new impervious
surface and new cleared area on the lakes of the State;
(5)
mitigate the damage that floods and erosion cause to development,
structures, and other resources in the lands adjacent to lakes;
(6)
accommodate creation of cleared areas and impervious surfaces in
protected shoreland areas in a manner that allows for reasonable development
of existing parcels;
(7)
protect shoreland owners’ access to, views of, and use of the State’s
lakes; and
(8)
preserve and further the economic benefits and values of lakes and
their adjacent shorelands.
§ 1442.
DEFINITIONS
As used in this chapter:
(1)
“Agency” means the Agency of Natural Resources.
(2)
“Best
management
practices”
means
approved
activities,
maintenance procedures, and other practices to prevent or reduce the effects of
impervious surface or cleared area on water quality and natural resources.
(3)
“Cleared area” means an area where existing vegetative cover, soil,
tree canopy, or duff is permanently removed or altered.
Cleared area shall not
mean
management
of
vegetative
cover
conducted
according
to
the
requirements of section 1447 of this title.
(4) “Duff” means leaf litter plus small fragments of plants and organic
debris that provide a spongy substrate that absorbs the energy of falling water
and allows runoff to infiltrate soil.
(5)
“Expansion” means an increase or addition of impervious surface or
cleared area.
(6)
“Grass lawn” means land maintained in continuous plant coverage of
grasses and similar plants that are closely and regularly mowed, including
meadow or pasture on nonagricultural land.
“Grass lawn” does not include
pasture cropland, land used to grow sod, or similar land used for agricultural
production.
(7)
“Habitable structure” means a permanent assembly of materials built
for the support, shelter, or enclosure of persons, animals, goods, or property,
including a dwelling, a commercial or industrial building, and driveways,
decks, and patios attached or appurtenant to a dwelling or commercial or
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industrial building.
“Habitable structure” shall not mean a motor home, as that
term is defined under 32 V.S.A. § 8902, tents, lean-tos, or other temporary
structures.
(8)
“Highway” shall have the same meaning as in 19 V.S.A. § 1(12).
(9)
“Impervious surface” means those manmade surfaces, including
paved and unpaved roads, parking areas, roofs, driveways, and walkways, from
which precipitation runs off rather than infiltrates.
(10)
“Lake” means a body of standing water, including a pond or a
reservoir, which may have natural or artificial water level control.
Private
ponds shall not be considered lakes.
(11)
“Management road” shall have the same meaning as in 19 V.S.A.
§ 1(13).
(12)
“Mean water level” means the mean water level of a lake as defined
in the Mean Water Level Rules of the Agency of Natural Resources adopted
(13)
“Parcel” means a portion of land or a tract of land with defined
boundaries
created
by
dividing
the
land
by
sale,
gift,
lease,
mortgage
foreclosure, court-ordered partition or decree, or filing of a plat, plan, or deed
in the records of the municipality where the act of division occurred.
(14) “Private pond” means a body of standing water that is a natural
water body of not more than 20 acres located on property owned by a person or
an artificial water body of any size located on property owned by one person.
A “private pond” shall include a reservoir specifically constructed for one of
the
following
purposes:
snowmaking
storage,
golf
course
irrigation,
stormwater management, or fire suppression.
(15)
“Private road” means a road or street other than a highway, as that
term is defined in 19 V.S.A. § 1(12), that is owned by one or more persons and
that is used as a means of travel from a highway to more than one parcel of
land.
(16)
“Project” means an act or activity that results in cleared area or the
creation of impervious surface in a protected shoreland area.
(17)
“Protected shoreland area” means all land located within 250 feet
of the mean water level of a lake that is greater than 10 acres in surface area.
(18)
“Secretary” means the Secretary of Natural Resources or the
Secretary’s duly authorized representative.
(19)
“Slope” means the vertical rise divided by the horizontal run of a
plane expressed as a percentage.
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(20)
“State forest highway” shall have the same meaning as in 19 V.S.A.
§ 1(19).
(21)
“Stormwater runoff” means precipitation and snowmelt that does
not infiltrate into the soil, including material dissolved or suspended in it, but
does not include discharges from undisturbed natural terrain or wastes from
combined sewer overflows.
(22)
“Vegetative cover” means mixed vegetation within the protected
shoreland area, consisting of trees, shrubs, groundcover, and duff.
“Vegetative
cover” shall not mean grass lawns, noxious weeds designated by the Secretary
of Agriculture, Food and Markets under 6 V.S.A. chapter 84, or nuisance
plants, such as poison ivy and poison oak, designated by the Secretary of
Natural Resources.
§ 1443.
INDIVIDUAL PERMIT REQUIREMENT FOR IMPERVIOUS
SURFACE OR CLEARED AREA IN A PROTECTED
SHORELAND AREA
(a)
Permit requirement.
A person shall not create cleared area or
impervious surface in a protected shoreland area without a permit from the
Secretary issued under this section, except for activities authorized to occur
without a permit under section 1446 of this title.
(b)
Permit issuance.
The Secretary shall issue a permit under this section if
the proposed impervious surface or cleared area meets the requirements of
section 1444 or 1445 of this title.
(c)
Permit process.
(1)
A person applying for a permit shall do so on a form provided by the
Secretary.
The application shall be posted on the Agency’s website.
(2)
A person applying for a permit shall provide notice, on a form
provided by the Secretary, to the municipal clerk of the municipality in which
the construction of impervious surface or creation of cleared area is located at
the time the application is filed with the Secretary.
(3)
The Secretary shall provide an opportunity for written comment,
regarding whether an application complies with the requirements of this
chapter or any rule adopted by the Secretary, for 30 days following receipt of
the application.
(d)
Permit condition.
A permit issued under this section may include
permit conditions, including authorizing a permittee, no more frequently than
two times per year, to clear vegetative cover within three feet of both sides of a
footpath within the protected shoreland area in order to allow access to the
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mean water level for maintenance or repair of recreational structures or for
other activity approved by the Secretary.
(e)
Permit term.
Individual permits issued under this section shall be for an
indefinite term, provided that the permittee complies with the requirements of
the permit and takes no additional action for which an individual permit is
required.
(f)
Recording.
A permit or registration issued under this chapter shall, for
the purposes of having the permit or registration run with the land, be recorded
in the land records of the municipality in which the impervious surface or
cleared area is located.
(g)
Public recreational areas.
Notwithstanding the requirements of sections
1444 and 1445 of this title, the Secretary shall issue a permit under this chapter
for a public recreational area project if the permit applicant demonstrates and
the Secretary finds that:
(1)
the recreational activity provides access to the water for the general
public and promotes the public trust uses of the water;
(2)
the impervious surface or cleared area is necessary to achieve the
recreational purpose of the project, and the project must be constructed within
the protected shoreland area to achieve its recreational function; and
(3)
the project conforms with best management practices approved by
the Secretary that protect the habitat and water quality of the lake while
achieving the public recreational purposes.
§ 1444.
PERMIT STANDARDS
(a)
Permit standards; generally.
Except for permits issued under section
1445 of this title, the Secretary shall issue a permit under this chapter if the
permit applicant, including the State of Vermont, demonstrates that:
(1)
cleared area or impervious surface shall be located at least 100 feet
from the mean water level, except for for shoreland stabilization measures
designed to repair or prevent erosion or flood risks and approved by the
Secretary;
(2)
cleared area or impervious surface within the protected shoreland
area shall be located on a site:
(A)
with a slope of less than 20 percent; or
(B)
that will have a stable slope with minimal erosion and minimal
negative impacts to water quality;
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(3)(A)
no more than 20 percent of the protected shoreland area of the
parcel shall consist of impervious surface; or
(B)
best management practices will be used to manage, treat, and
control erosion due to stormwater runoff from that portion of impervious
surface that exceeds 20 percent of the protected shoreland area;
(4)(A)
no more than 40 percent of the protected shoreland area of the
parcel shall consist of cleared area, including area cleared for the purposes of
creating impervious surface; or
(B)
best management practices will be used to provide erosion
control, bank stability, and wildlife habitat functionally equivalent to that
which would be provided by clearing less than 40 percent of the protected
shoreland area; and
(5)
vegetative cover shall be managed according to the requirements of
section 1447 of this title.
(b)
Repair of highway, State forest highway, management road, or private
road.
Under this chapter, when the repair, emergency repair, or replacement of
a highway, management road, State forest highway, or private road results in
the construction, creation, or expansion of impervious surface or cleared area
on a property adjacent to the highway, management road, State forest highway,
or private road, the impervious surface or cleared area constructed or created
on
the
adjacent
property
shall
not
be
calculated
as
square
footage
of
impervious surface or cleared area for purposes of permitting or registration
under this chapter.
(c)
Calculation of area.
Under this chapter, the area of constructed, created,
or expanded impervious surface or cleared area shall be the square footage as
measured on a horizontal plane.
§ 1445.
NONCONFORMING PARCELS; PERMIT STANDARDS
(a)
Permit for nonconforming parcels.
A permit applicant shall comply
with the requirements of subsection (b) of this section if the applicant cannot
meet the standard required under subdivision 1444(a)(1) of this title on a parcel
of land in existence on July 1, 2014, due to one of the following limitations:
(1)
parcel size;
(2)
the site characteristic or site limitations of the parcel, including
presence of highway or rights of way and soil type; or
(3)
application of municipal setback requirement in a municipal bylaw
adopted on or before July 1, 2014.
(b)
Permit standards for nonconforming parcels.
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(1)
For a parcel on which there is no habitable structure, the cleared area
or impervious surface shall be as far as possible from the mean water level, and
at a minimum shall be no less than 25 feet from the mean water level, except
for shoreland stabilization measures designed to repair or prevent erosion or
flood risks and approved by the Secretary.
(2)
For a parcel on which a habitable structure is located, the expansion
of any portion of the structure within 100 feet of the mean water level shall be
on the side of the structure farthest from the lake, unless the Secretary
determines that:
(A)
expansion on an alternate side of the structure will have an
impact on water quality that is equivalent to or less than expansion of the
structure on the side farthest from the lake; and
(B)
the structure is not expanded toward the mean water level.
(3)
Cleared area or impervious surface within the protected shoreland
area shall be located on a site:
(A)
with a slope of less than 20 percent; or
(B)
that the permit applicant demonstrates will have a stable slope
with minimal erosion and minimal negative impacts to water quality.
(4)(A)
No more than 20 percent of the protected shoreland area of the
parcel shall consist of impervious surface; or
(B)
The permit applicant shall demonstrate that best management
practices will be used to manage, treat, and control erosion due to stormwater
runoff from that portion of impervious surface that exceeds 20 percent of the
protected shoreland area.
(5)(A)
No more than 40 percent of the protected shoreland area of the
parcel shall consist of cleared area, including area cleared for the purposes of
creating an impervious surface; or
(B)
The permit applicant shall demonstrate that best management
practices will be used to provide erosion control, bank stability, and wildlife
habitat functionally equivalent to that which would be provided by clearing
less than 40 percent of the protected shoreland area.
(c)
Vegetation maintenance on nonconforming parcels.
A permit issued
under this section for creation of cleared area or impervious surface on a
nonconforming parcel shall not require compliance with the requirements of
section 1447 for the management of vegetative cover.
(d)
Application process.
An applicant for a permit under this section shall
submit to the Secretary a form that identifies the basis of the nonconformity on
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the parcel.
The Secretary may issue a permit under this section to an applicant
who meets the requirements of subsection (b) of this section.
§ 1446.
REGISTERED PROJECTS; EXEMPTIONS FROM PERMITTING
(a)(1)
Registered projects.
The following projects in a protected shoreland
area do not require a permit under section 1444 or 1445 of this title:
(A)
The creation of no more than 100 square feet of impervious
surface or cleared area, or a combination of impervious surface or cleared area,
within 100 feet of the mean water level, provided that:
(i)
the owner of the property on which the impervious surface or
cleared area is created registers with the Secretary, on a form provided by the
Secretary that contains the name of the property owner, the address of the
property, and a certification that the project meets the requirements of this
subsection (a);
(ii)
the impervious surface or cleared area is located at least 25
feet from the mean water level; and
(iii)
vegetative
cover
shall
be
managed
according
to
the
requirements of section 1447 of this title.
(B)
The creation of 500 square feet or less of impervious surface,
cleared area, or a combination of impervious surface and cleared area,
provided that:
(i)
the owner of the property on which the impervious surface or
cleared area is created registers with the Secretary a form provided by the
Secretary that contains the name of the property owner, the address of the
property, and a certification that the project meets the requirements of this
subsection;
(ii)
the impervious surface or cleared area is at least 100 feet from
the mean water level;
(iii)
any proposed cleared area or area within the protected
shoreland area where an impervious surface shall be sited has a slope of less
than 20 percent;
(iv)
after the completion of the project, the protected shoreland
area shall consist of no more than 20 percent impervious surface; and
(v)
after the completion of the project, the protected shoreland
area shall consist of no more than 40 percent cleared area, including any area
cleared for the purposes of creating impervious surface.
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(2)
Limit on registration per parcel.
A person shall not use the
registration process under this subsection to create more than a maximum total
per parcel of:
(A)
100 square feet of impervious surface or cleared area within
100 feet of the mean water level; and
(B)
500 square feet of impervious surface or cleared area within the
protected shoreland area that is at least 100 feet from the mean water level.
(3)
Effect of registration.
A registration shall take effect 15 days after
being filed with the Secretary, unless the Secretary requests that the person
registering
submit
additional
information
that
the
Secretary
considers
necessary or the Secretary notifies the person registering that an individual
permit is required.
(4)
Term.
Registrations shall be for an indefinite term, provided that the
person complied with the requirements of this subsection and takes no action
for which an individual permit is required.
(b)
Exemptions.
The following activities in a protected shoreland area do
not require a permit under section 1444 or 1445 of this title:
(1)
Management of vegetative cover.
Management of vegetative cover
conducted in compliance with section 1447 of this title.
(2)
Removal of vegetation for recreational purposes.
The cutting or
removal of no more than 250 square feet of the existing vegetation under three
feet in height within 100 feet of the mean water level to allow for recreational
use in the protected shoreland area, provided that:
(A)
the cutting or removal of vegetation occurs at least 25 feet from
the mean water level; and
(B)
other ground cover, including leaf litter and the forest duff layer,
shall not be removed from the area in which cutting occurs.
(3)
Maintenance of lawns.
The maintenance, but not the enlargement,
of lawns, gardens, landscaped areas, and beaches in existence as of July 1,
2014.
(4)
Creation of footpaths.
The creation of one footpath per parcel with a
width of no greater than six feet that provides access to the mean water level.
Under this subdivision, a footpath includes stairs, landings, or platforms within
the authorized six-feet width.
(5)
Construction within footprint.
Construction within the footprint of
an impervious surface, existing as of July 1, 2014, that does not result in a net
increase in the amount of impervious surface on a parcel.
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(6)
Silvicultural activities.
Silvicultural activities in a protected
shoreland area if the silvicultural activities are in compliance with:
(A)
a forest management plan, approved by the Commissioner of
Forests, Parks and Recreation, for the land in the protected shoreland area in
which the silvicultural activities occur; and
(B)
the accepted management practices adopted by the Commissioner
of Forests, Parks and Recreation under section 2622 of this title.
(7)
Agricultural activities.
Agricultural activities on land in agricultural
production on July 1, 2014, provided that:
(A)
no impervious surface shall be created or expanded in a protected
shoreland area except: when no alternative outside the protected shoreland area
exists, the construction of a best management practice is necessary to abate an
agricultural water quality issue, and the best management practice is approved
by
the
Secretary
of
Agriculture,
Food
and
Markets
under
6
V.S.A.
chapter 215; and
(B)
the agricultural activities within the protected shoreland area
comply with the rules adopted by the Secretary of Agriculture, Food and
Markets under 6 V.S.A. chapter 215 regarding agricultural water quality,
including accepted agricultural practices, best management practices, medium
and small farm operation, and large farm operation.
(8)
Transportation infrastructure and private roads.
The maintenance,
emergency repair, repair, and replacement of:
(A)
Transportation
infrastructure
by
the
Vermont
Agency
of
Transportation or by a municipality.
(B)
A private road that does not require a permit under section 1264
of this title, provided that emergency repair, repair, and replacement of the
private road shall comply with the applicable water quality best management
practices approved by the Secretary under 19 V.S.A. § 996 and incorporated
within the Vermont Agency of Transportation town road and bridge standards
for controlling stormwater runoff and direct discharges to State waters.
The
requirement to comply with the water quality best management practices shall
apply even if the municipality in which the private road is located has not
adopted the town road and bridge standards.
Under this subdivision, expansion
of a private road in order to allow for passage of emergency vehicles shall be
considered repair that does not require a permit under section 1443 of this title.
(9)
Railroad activities.
Railroad activities and facilities within the
jurisdiction of federal law.
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(10)
Parcel intersected by public highway.
The creation or expansion of
impervious surface or cleared area on a parcel within the protected shoreland
area when the parcel is intersected by a highway and the impervious surface or
cleared area is created or expanded on that portion of the parcel on the side of
the highway away from the mean water level.
(11)
Wastewater systems and potable water supplies.
Installation,
maintenance, repair, or replacement of a wastewater system or potable water
supply permitted by the Agency of Natural Resources under chapter 64 of this
title.
(12)
Stormwater treatment.
Discharges of stormwater, stormwater
treatment facilities or practices, including repair or maintenance, permitted by
the Agency of Natural Resources under section 1264 of this title.
(13)
Utility projects and utility lines.
(A)
The construction of projects that require a certificate of public
good under 30 V.S.A. § 248 subject to the Agency of Natural Resources
Riparian Buffer Guidance for Act 250 and Section 248 projects.
(B)
The routine repair and maintenance of utility lines and structures
including vegetation maintenance in utility line corridors, in a protected
shoreland area that are subject to 30 V.S.A. § 248, chapter 151 of this title, or a
vegetation management plan approved by the Agency in a protected shoreland
area.
Vegetation management practices in a protected shoreland area shall be
performed in accordance with a vegetation management plan approved by the
Agency of Natural Resources.
(C)
The emergency repair of utility lines and poles in protected
shoreland areas, provided that such repair minimizes adverse impacts to
vegetation in the protected shoreland area.
(14)
Act 250 permit.
Projects which have received a permit pursuant to
chapter 151 of this title.
(15)
Designated downtowns and village centers.
Projects in downtowns
and village centers designated pursuant to 24 V.S.A. chapter 76A.
(16)
Urban and industrial redevelopment.
Construction, creation, or
expansion of impervious surface or cleared area within a protected shoreland
area, provided that:
(A)
the area in which the impervious surface or cleared area will be
constructed, created, or expanded is:
(i)
urban or industrial in nature;
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(ii)
contains as of July 1, 2014 impervious surface or cleared
area; and
(iii)
has been designated by municipal bylaw for redevelopment.
(B)
the municipality has adopted a shoreland bylaw or ordinance that:
(i)
is at least as stringent as the permitting requirements and
exemptions of this chapter; or
(ii)
requires best management practices or other controls that are,
as determined by the Secretary, functionally equivalent to compliance with the
permitting requirements and exemptions of this chapter.
(17)
Mosquito control.
Where mosquito populations create a public
health hazard, as that term is defined in 18 V.S.A. § 2, physical practices or
activities approved by the Secretary that create cleared area or remove
vegetative cover in order to reduce mosquito breeding habitat, provided that
any activity authorized under this subdivision shall comply with the Vermont
Wetlands Rules.
(c)
Application of vegetative cover requirements.
Activities authorized
under subdivisions (b)(2)–(13) of this section shall not be required to comply
with the requirements for the management of vegetative cover under section
1447 of this title.
§ 1447.
LAKE SHORELAND VEGETATION PROTECTION
STANDARDS
(a)
Within 100 feet of the mean water level, cutting of trees is allowed
provided that a well-distributed stand of trees and other natural vegetation is
maintained.
Vegetation
management
that
occurs
within
the
protected
shoreland area and that is conducted according to the requirements of this
section shall not be counted toward the cleared area on a parcel.
(b)
A “well-distributed stand of trees” shall be defined as maintaining a
minimum rating score of 12, in each 25-foot by 25-foot area within 100 feet of
the mean water level, as determined by the following rating system.
(1)
Diameter of tree at 4-1/2 feet above
Points
ground level (inches)
2–< 4 in.
1
4–< 8 in.
2
8–< 12 in.
4
12 in. or greater
8
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(2)
The following shall govern in applying this point system:
(A)
25-foot by 25-foot plots shall be established for vegetation
management purposes.
(B)
Each successive plot must be adjacent to but not overlap a
previous plot.
(C)
Any plot not containing the required points must have no
vegetative cover removed unless the removal is allowed pursuant to a
registration or individual permit.
(D)
Any plot containing the required points may have trees removed
down to the minimum points allowed.
(E)
Existing vegetative cover under three feet in height and other
ground cover, including leaf litter and the forest duff layer, shall not be cut,
covered, or removed, except to provide for a footpath or as allowed pursuant to
a registration or individual permit.
(F)
Pruning of tree branches on the bottom one-third of a tree’s
height is allowed.
(G)
Removal of dead, diseased, or unsafe trees shall be allowed
regardless of points.
(c)
As used in this section, “other natural vegetation” means retaining
existing vegetation under three feet in height and other ground cover and
retaining at least five saplings less than two inches in diameter at four and
one-half feet above ground level for each 25-foot by 25-foot area.
If five
saplings do not exist, no woody stems less than two inches in diameter can be
removed until five saplings have been planted or rooted in the plot.
§ 1448.
MUNICIPAL DELEGATION
(a)
Municipal shoreland bylaws or ordinances.
The Secretary shall
delegate authority to permit the construction, creation, or expansion of
impervious surface or cleared area under this chapter to a municipality that has
adopted a shoreland bylaw or ordinance if:
(1)
the municipality adopts a bylaw or ordinance regulating construction
of impervious surface or creation of cleared area in a protected shoreland area;
(2)
the municipal bylaw or ordinance is, as determined by the Secretary,
functionally equivalent to the requirements under sections 1444, 1445, 1446,
and 1447 of this title; and
(3)
the Secretary determines that the municipality provides adequate
resources for administration and enforcement of the bylaw or ordinance.
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(b)
Delegation agreement.
(1)
Delegation under subsection (a) of this section shall be by agreement
between the Secretary and the delegated municipality.
The delegation
agreement shall set the terms for revocation of delegation.
(2)
Under the delegation agreement, the Secretary and the municipality
may agree, in instances where a delegated municipality does not or cannot
address
noncompliance,
that
the
Secretary,
after
consultation
with
the
municipality, may institute enforcement proceedings under chapter 201 of
this title.
(3)
The delegation agreement shall require the municipality to:
(A)
have or establish a process for accepting, reviewing, and
processing applications and issuing permits for construction of impervious
surface or creation of cleared area in protected shoreland areas;
(B)
take timely and appropriate enforcement actions;
(C)
commit to reporting annually to the Secretary on a form and date
determined by the Secretary;
(D)
comply with all other requirements of the rules adopted under
this chapter; and
(E)
cure
any
defects
in
such
bylaw
or
ordinance
or
in
the
administration or enforcement of such bylaw or ordinance upon notice of a
defect from the Secretary.
(4)
A municipality that seeks delegation under subsection (a) of this
section shall be presumed to satisfy the requirements of this subsection for a
permit process and enforcement if the municipality has designated a municipal
zoning administrator or other municipal employee or official as responsible for
the permitting and enforcement of the construction, creation, or expansion of
impervious surface or cleared area within the municipality.
§ 1449.
COORDINATION OF AGENCY OF NATURAL RESOURCES’
PERMITTING OF ACTIVITIES IN PROTECTED SHORELAND
AREAS
(a)
Coordination of permitting in protected shoreland area.
During
technical review of a permit application for a wastewater system, potable water
supply, stormwater discharge, or stormwater treatment facility that is proposed
to be located in a protected shoreland area and that does not require a permit
under this chapter, the Agency division issuing the wastewater system, potable
water supply, stormwater discharge, or stormwater treatment facility permit
shall consult with the Agency’s Lakes and Ponds Section regarding practices
- 3197 -
or activities that could reduce the impact of the proposed activity on the
protected shoreland area or water quality of lakes adjacent to the protected
shoreland area.
(b)
Agency guidance or procedure.
The Agency may formalize the
consultation process required by this section in a guidance document or
internal agency procedure.
§ 1450.
MUNICIPAL ZONING BYLAW OR ORDINANCE
(a)
Construction of impervious surface or creation of cleared area occurring
outside protected shoreland areas.
Construction of impervious surface or
creation of cleared area occurring outside a protected shoreland area shall
conform to duly adopted municipal zoning bylaws and applicable municipal
ordinances and shall not be subject to regulation by the Secretary of Natural
Resources under this chapter.
(b)
Existing municipal bylaws and ordinances.
The requirements of this
chapter are in addition to existing municipal bylaws and ordinances, and
proposed construction of impervious surface or creation of cleared area within
the protected shoreland area shall comply with all relevant, existing municipal,
State, and federal requirements.
§ 1451.
RULEMAKING
The Secretary may adopt rules necessary for the purposes of implementing,
administering, or enforcing the requirements of this chapter, including best
management practices for the construction of impervious surfaces or the
creation of cleared area in a protected shoreland area, including standards for:
(1)
managing
vegetative
cover
that
may
be
required
as
a
best
management practice in order to ensure that some level of the required
vegetative cover is maintained in the protected shoreland area;
(2)
allowing reasonable use of the protected shoreland area subject to a
vegetative cover requirement for construction, creation, or expansion of an
impervious surface or cleared area;
(3)
minimizing and mitigating the creation of an impervious surface or
cleared area in a protected shoreland area.
§ 1452.
EDUCATION AND OUTREACH; CITIZEN’S GUIDE
The Secretary shall conduct ongoing education and outreach to assist
Vermont citizens with understanding and complying with the requirements of
this chapter.
The education and outreach activities shall include publication on
or before January 1, 2015 of a Citizen’s Guide to Shoreland Protection, which
shall provide easily understood instructions on the requirements of this chapter,
- 3198 -
how to apply for a permit or registration, and the activities that are exempt
from or otherwise not subject to the requirements of this chapter.
Sec. 3.
10 V.S.A. § 8003(a) is amended to read:
(a)
The secretary Secretary may take action under this chapter to enforce
the following statutes:
* * *
(22)
10
V.S.A.
chapter
164A,
collection
and
disposal
of
mercury-containing lamps; and
(23)
24 V.S.A. § 2202a, relating to a municipality’s adoption and
implementation of a solid waste implementation plan that is consistent with the
State Solid Waste Plan; and
(24)
10 V.S.A. chapter 49A, relating to lake shoreland protection
standards.
Sec.
4.
VOLUNTARY SHORELAND EROSION CONTROL
CERTIFICATION
(a)
Voluntary certification.
Beginning on January 1, 2016, the Agency of
Natural Resources, in consultation with the Associated General Contractors of
Vermont,
shall
offer
an
optional
shoreland
erosion
control
certification
program.
The program shall include training related to development activities
in a shoreland area, including best management practices for erosion control,
clearance of vegetation, and construction of impervious surfaces in shoreland
areas.
The voluntary certification program shall be offered until January 1,
2018.
(b)
Report.
On or before January 1, 2018, the Secretary of Natural
Resources shall report to the House and Senate Committees on Natural
Resources and Energy and the House Committee on Fish, Wildlife and Water
Resources regarding the voluntary shoreland erosion control certification
program created in subsection (a) of this section.
The report shall include:
(1)
a general summary and evaluation of the program’s success,
including an overview of the number of persons certified by the program and
the projects constructed by certified persons;
(2)
a recommendation of whether the State and the Associated General
Contractors
of
Vermont
should
continue
the
shoreland
erosion
control
certification
program,
including
whether
to
make
the
erosion
control
certification program mandatory and whether to allow certified persons to
certify compliance with the shoreland protection standards in this chapter in
lieu of obtaining the permit required under 10 V.S.A. § 1444 or 1445; and
- 3199 -
(3)
any other recommendations for improving the program.
Sec. 5.
10 V.S.A. § 8503 is amended to read:
§ 8503.
APPLICABILITY
(a)
This chapter shall govern all appeals of an act or decision of the
Secretary, excluding enforcement actions under chapters 201 and 211 of this
title and rulemaking, under the following authorities and under the rules
adopted under those authorities:
(1)
The following provisions of this title:
* * *
(R)
chapter 32 (flood hazard areas).
(S)
chapter 49A (lake shoreland protection standards).
* * *
Sec. 6.
3 V.S.A. § 2822(j)(32) is added to read:
(32)
For projects taking place in a protected shoreland area that require:
(A)
a registration under 10 V.S.A. § 1446:
$100.00.
(B)
a permit under 10 V.S.A. §§ 1443, 1444, and 1445:
$125.00 plus
$0.50 per square foot of impervious surface.
Sec. 7.
REPORT ON PROGRESS OF LAKE SHORELAND PROTECTION
PROGRAM
On or before January 15, 2016, the Secretary of Natural Resources shall
submit to the Senate Committee on Finance, the House Committee on Ways
and Means, the Senate Committee on Natural Resources and Energy, and the
House Committee on Fish, Wildlife and Water Resources a report regarding
implementation by the Agency of Natural Resources of the Lake Shoreland
Protection Program under 10 V.S.A. chapter 49A.
The report shall include:
(1)
the number of lake shoreland protection registrations and permits
issued by the Agency;
(2)
the number of lots, if any, denied a shoreland protection registration
or permit and the rationale for the denial of each application;
(3)
an evaluation of the performance of the Lake Shoreland Protection
Program, including the time frame for issuance of permits and landowner
compliance;
- 3200 -
(4)
a list of the towns the Secretary delegated to implement the Lake
Shoreland Protection Program, and a list of the towns that were denied
delegation, including the rationale for denial;
(5)
an evaluation of whether implementation of the Lake Shoreland
Protection Program has achieved or is achieving the purposes of the Program
set forth under 10 V.S.A. § 1441, including preventing degradation of water
quality,
preserving
natural
shoreline
stability,
protecting
aquatic
biota,
protecting habitat for wildlife and aquatic life, and mitigating sediment and
nutrient runoff to surface waters;
(6)
the permit and registration fees collected by the Agency;
(7)
the cost to the Agency of implementing the Lake Shoreland
Protection Program; and
(8)
any recommendations to improve the Lake Shoreland Protection
Program, including how and whether to allow the use of off-site mitigation to
offset the adverse impacts of creation or expansion of an impervious surface or
cleared area on the water quality of lakes or on protected shoreland areas.
Sec. 8.
10 V.S.A. § 1454 is amended to read:
§ 1454.
TRANSPORT OF AQUATIC PLANTS AND AQUATIC
NUISANCE SPECIES
(a)
No person shall transport an aquatic plant or aquatic plant part, zebra
mussels (Dreissena polymorpha), quagga mussels (Dreissena bugensis), or
other aquatic nuisance species identified by the secretary Secretary by rule to
or from any Vermont waters on the outside of a vehicle, boat, personal
watercraft, trailer, or other equipment.
This section shall not restrict proper
harvesting or other control activities undertaken for the purpose of eliminating
or controlling the growth or propagation of aquatic plants, zebra mussels,
quagga mussels, or other aquatic nuisance species.
(b)
The secretary Secretary may grant exceptions to persons to allow the
transport of aquatic plants, zebra mussels, quagga mussels, or other aquatic
nuisance species for scientific or educational purposes.
When granting
exceptions, the secretary Secretary shall take into consideration both the value
of the scientific or educational purpose and the risk to Vermont surface waters
posed by the transport and ultimate use of the specimens.
A letter from the
secretary Secretary authorizing the transport must accompany the specimens
during transport.
(c)
A violation of this section may be brought by any law enforcement
officer, as that term is defined in 23 V.S.A. § 4(11), in the Environmental
Division
of
the
Superior
Court.
When
a
violation
is
brought
by
an
- 3201 -
enforcement officer other than an environmental enforcement officer employed
by the Agency of Natural Resources, the enforcement officer shall submit to
the Secretary a copy of the citation for purposes of compliance with the public
participation requirements of section 8020 of this title.
Sec. 9.
TRANSITION
A permit or registration under 10 V.S.A. chapter 49A for the creation of
impervious surface or cleared area within a protected shoreland area shall not
be required on a parcel of land for a project for which:
(1)
all necessary State, local, or federal permits have been obtained prior
to the effective date of this act and the permit holder takes no subsequent act
that would require a permit or registration under 10 V.S.A. chapter 49A; or
(2)
a complete application for all applicable local, State, and federal
permits has been submitted on or before the effective date of this act, provided
that the applicant does not subsequently file an application for a permit
amendment that would require a permit under 10 V.S.A. chapter 49A and
substantial construction of the impervious surface or cleared area commences
within two years of the date on which all applicable local, State, and federal
permits become final.
Sec. 10.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
Rep. David L. Deen
Rep. Robert C. Krebs
Rep. Stephen C. Beyor
Committee on the part of the House
Sen. Robert M. Hartwell
Sen. Diane B. Snelling
Sen. John S. Rodgers
Committee on the part of the Senate
NOTICE CALENDAR
Favorable with Amendment
S. 40
An act relating to establishing an interim committee that will develop
policies to restore the 1980 ratio of state funding to student tuition at Vermont
State Colleges and to make higher education more affordable
- 3202 -
Rep. Buxton of Tunbridge,
for the Committee on
Education,
recommends
that the House propose to the Senate that the bill be amended by striking all
after the enacting clause and inserting in lieu thereof the following:
Sec. 1.
INTERIM STUDY OF HIGHER EDUCATION FUNDING; REPORT
(a)
The higher education subcommittee of the Prekindergarten-16 Council
established in 16 V.S.A. § 2905 shall study and develop proposed policies to
make the Vermont State Colleges (VSC) and the University of Vermont
(UVM) more affordable for Vermont residents by lowering costs and restoring
the 1980 ratio of State funding to tuition costs and by restoring funding to the
Vermont Student Assistance Corporation (VSAC) incentive grant program to
reduce the difference
between the VSAC incentive grant and the VSC and
UVM tuition rates to the amount of that difference in 1980.
(b)
In addition to the members of the higher education subcommittee
identified in 16 V.S.A. § 2905(d), the following individuals shall be members
of the subcommittee solely for purposes of this interim study:
(1)
one UVM faculty member to be appointed by United Professions
American Federation of Teachers Vermont;
(2)
one VSC faculty member to be appointed by United Professions
American Federation of Teachers Vermont;
(3)
two students, one from UVM and one from VSC, at least one of
whom is a current or past recipient of a VSAC incentive grant, appointed by
their respective student government associations; and
(4)
one VSAC outreach program counselor to be appointed by the
VSAC President.
(c)
Powers and duties.
(1)
The subcommittee shall develop proposed policies to:
(A)
lower student and family costs and debt so that UVM and VSC
are more affordable for Vermonters;
(B)
return to the 1980 level of State funding for the student tuition
support ratio for UVM and VSC; and
(C)
restore funding to the VSAC incentive grant program to reduce
the difference between the VSAC incentive grant and the VSC and UVM
tuition rates to the amount of that difference in 1980.
(2)
In
developing
the
proposed
policies,
the
subcommittee
shall
consider:
- 3203 -
(A)
higher education funding for state colleges and universities in
other states, with a particular focus on tuition ratios and funding methods
supporting students and public institutions;
(B)
the best policies for increasing the enrollment of Vermont
students and keeping students in Vermont after they graduate from college;
(C)
total spending as compared to instructional spending, and how
institutional spending affects student costs;
(D)
the uses of VSAC incentive grant funds, including the portability
of use for attendance at in-state and out-of-state institutions;
(E)
how to minimize the financial impact of living expenses on
student costs; and
(F)
any information available regarding the impact of VSC and UVM
graduates and VSAC incentive grant recipients on Vermont’s economy and on
job creation and retention.
(d)
The chair of the Prekindergarten-16 Council shall convene the first
meeting of the interim subcommittee to occur on or before July 1, 2014, at
which meeting the members shall elect a chair or co-chairs.
On or before
January 15, 2015, the subcommittee shall report to the General Assembly on
its findings and any recommendations for legislative action.
(e)
The subcommittee may meet no more than six times between July 1,
2014 and January 15, 2015 for the purposes of this interim study.
For
attendance
at
meetings
during
adjournment
of
the
General
Assembly,
legislative members of the subcommittee shall be entitled to compensation and
reimbursement for expenses under 2 V.S.A. § 406, and other members of the
subcommittee who are not employees of the State of Vermont may be
reimbursed at the per diem rate under 32 V.S.A. § 1010 if not otherwise
compensated or benefited.
Sec. 2.
EFFECTIVE DATE
This act shall take effect on passage.
and that after passage the title of the bill be amended to read:
“An act relating
to establishing an interim committee that will develop proposed policies to
restore the 1980 ratio of State funding to student tuition at Vermont State
Colleges and to make higher education more affordable”.
(Committee vote: 10-0-1 )
(For text see Senate Journal March 27, 28, 2014 )
- 3204 -
Rep.
Miller
of
Shaftsbury,
for
the
Committee
on
Appropriations,
recommends the bill ought to pass when amended as recommended by the
Committee on
Education.
(Committee Vote: 9-0-2)
S. 269
An act relating to business consumer protection and data security breaches
Rep. Marcotte of Coventry,
for the Committee on
Commerce and
Economic Development,
recommends that the House propose to the Senate
that the bill be amended as follows:
Sec. 1, in 9 V.S.A. § 2435(b)(4), in subdivision (B), by striking out “phone”
and inserting in lieu thereof telephone and by inserting a new Sec. 2 to read:
Sec. 2.
8 V.S.A. § 3666 is added to read:
§ 3666.
RULES; METHODS OF NOTICE
Notwithstanding the requirements under sections 3883, 4226, and 4714 of
this
title,
the
Commissioner
of
Financial
Regulation
shall
adopt
rules
specifying the methods by which a notice to a party required under section
3880, 3881, 4224, 4225, 4712, or 4713 of this title shall be given.
and by renumbering the remaining section to be numerically correct.
(Committee vote: 10-0-1 )
(For text see Senate Journal February 28, 2014 )
Senate Proposal of Amendment
H. 270
An act relating to providing access to publicly funded prekindergarten
education
The Senate proposes to the House to amend the bill as follows:
SENATE PROPOSAL OF AMENDMENT
H. 270
An act relating to providing access to publicly funded prekindergarten
education
The Senate proposes to the House to amend the bill as follows:
First:
In Sec. 1, 16 V.S.A. § 829, subsection (e), subdivision (10), in the
first sentence, after the word “monitor” by inserting the words and evaluate
- 3205 -
and in the third sentence, by striking out the word “assess” and inserting in lieu
thereof the word evaluate
and in subsection (e), by striking out subdivision (12) (Head Start) in its
entirety
Second:
In Sec. 3, subsection (a), in the first sentence, by striking out the
year “2015” and inserting in lieu thereof the year 2016
and in subsection (b), by striking out the following:
“2015, 2016, and 2017”
and inserting in lieu thereof the following:
2016, 2017, and 2018
Third:
By inserting a new section to be Sec. 3b to read as follows:
Sec. 3b.
PREKINDERGARTEN REGIONS; PROCESS AND CRITERIA
The Agencies of Education and of Human Services, in consultation with the
Vermont
Superintendents
Association,
the
Vermont
School
Boards
Association, the Vermont Principals’ Association, the Vermont-NEA, and the
Building Bright Futures Council created in 33 V.S.A. chapter 46, shall develop
a detailed proposal outlining the process and criteria by which the Agencies
will determine the prekindergarten region of a school district if requested to do
so pursuant to Sec. 1, 16 V.S.A. § 829(h)(2), of this act.
The Agencies shall
present the proposal to the House and Senate Committees on Education on or
before
January
15,
2015.
The
Agencies
shall
also
present
any
recommendations
for
amendments
to
statute,
including
repeal
of
or
amendments to subsection (h).
Fourth: By striking out Sec. 5 (effective date) in its entirety and inserting in
lieu thereof a new Sec. 5 to read:
Sec. 5. EFFECTIVE DATE
This act shall take effect on passage and shall apply to enrollments on July
1, 2015 and after.
(For text see House Journal April 30, 2014 )
H. 612
An act relating to Gas Pipeline Safety Program penalties
The Senate proposes to the House to amend the bill as follows:
SENATE PROPOSAL OF AMENDMENT
H. 612
An act relating to Gas Pipeline Safety Program penalties
- 3206 -
The Senate proposes to the House to amend the bill by striking out Sec. 2 in
its entirety and by inserting in lieu thereof a new Sec. 2 to read as follows:
Sec. 2.
GAS PIPELINE SAFETY RULES; BEST PRACTICES
The Public Service Board shall review and consider amending Board Rule
6.100
(Enforcement
of
Safety
Regulations
Pertaining
to
Intrastate
Gas
Pipelines and Transportation Facilities) to include additional measures or best
practices, if any, that exceed the minimum federal safety standards, provided
the Board determines such measures or practices are appropriate for Vermont.
(For text see House Journal February 12, 2014 )
H. 882
An act relating to compensation for certain State employees
The Senate proposes to the House to amend the bill as follows:
First:
In Sec. 9 (Pay Act appropriations), in subsection (a) (Executive
Branch), at the end of the introductory paragraph following “; and salary
increases for”, by striking out “classified employees not in a bargaining unit
and exempt employees” and inserting in lieu thereof employees in the
Executive Branch not covered by the bargaining agreements.
Second:
In Sec. 9, in subsection (b) (Judicial Branch), in subdivision (2), at
the end of the introductory paragraph following “June 30, 2016 and salary
increases for” by striking out “exempt employees” and inserting in lieu thereof
employees in the Judicial Branch not covered by the bargaining agreements.
(For text see House Journal March 27, 28, 2014 )
Ordered to Lie
S. 91
An act relating to privatization of public schools.
Pending Question: Shall the House propose to the Senate to amend the bill
as offered by Rep. Turner of Milton?
Information Notice
The Joint Fiscal Committee recently received the following items:
JFO #2680
– Donation of 0.03 acres of land (estimated value: $5,000)
from Steve and Jane Glass to the Vermont Department of Fish & Wildlife.
Located in Craftsbury, this donation will provide public access to Great
Hosmer Pond for fishing, hunting, trapping, wildlife viewing and watercraft
- 3207 -
launching.
State funds in the amount of $1,750 (special funds) will be used,
along with federal funds, to cover closing costs, etc.
[
JFO received 04/25/14
]
JFO #2681
– Donation of 10 acres of land (estimated value: $27,500)
from Engineers Construction, Inc. to the Vermont Department of Fish &
Wildlife.
Located in Wolcott, this donation will provide public access to the
Lamoille River for fishing, hunting, trapping, wildlife viewing, and protect
riparian, wetland and forested habitat.
State funds in the amount of $250
(special funds) will b used, along with federal funds, to cover closing costs,
etc.
[
JFO received 04/25/14
]
You are requested to submit any sign sheets for concurrent resolutions to
Legislative Council by the close of business on Monday, May 5th.