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NO. 65. AN ACT RELATING TO EXECUTIVE BRANCH FEES.

(H.496)

It is hereby enacted by the General Assembly of the State of Vermont:

* * * Department of Labor and Industry * * *

Sec. 1. WORKERS’ COMPENSATION RATE OF CONTRIBUTION

For fiscal year 2002, the rate of contribution for the direct calendar year premium for workers’ compensation insurance shall be the rate currently established in 21 V.S.A. § 711(a).

Sec. 2. 26 V.S.A. § 893(a) is amended to read:

(a) Electrical work in a complex structure shall not commence until a work notice accompanied by the required fee is submitted to the department and the work notice is validated by the department. There shall be a base fee of *[$20.00]* $30.00 for each work notice, except for electrical work done in one and two family residential dwellings. In addition to the base fee, the following fees shall be charged:

(1) Services

(A) Temporary—*[$20.00]* $30.00.

(B) Permanent—1 phase and 3 phase through *[800 amp-$25.00]* 400 amp—$35.00.

(C) Permanent—*[1,000 amp and larger–$30.00]* 401 to 800 amp—$50.00.

(D) Permanent–801 amp and larger—$100.00.

(2) Transformers

(A) 1 to 25 KVA–*[$5.00]* $10.00 each.

(B) 26 to 75 KVA–*[$10.00]* $15.00 each.

(C) 76 to 200 KVA–*[$15.00]* $25.00 each.

(D) Over 200 KVA–*[$25.00]* $35.00 each.

(3) Motors and Generators

(A) Up to 5 hp, KW, KVA–*[$5.00]* $10.00 each.

(B) 5 to 25 hp, KW, KVA–*[$7.00]* $10.00 each.

(C) 25 to 100 hp, KW, KVA–*[$10.00]* $15.00 each.

(D) Over 100 hp, KW, KVA–*[$15.00]* $25.00 each.

(4) Other electrical work.

(A) Each panel and feeder after the main disconnect–*[$4.00]* $10.00.

(B) Outlets for receptacles, switches, fixtures, electric baseboard (per 50 units or portion thereof)–*[$10.00]* $20.00.

(C) Yard lights signs–*[$3.00]* $5.00 each.

(D) Fuel oil, kerosene, LP, natural gas, and gasoline pumps–*[$10.00]* $15.00 each.

(E) Boilers, furnaces and other stationary appliances–*[$5.00]* $10.00 each.

(F) Elevators–*[$50.00]* $75.00 each.

(G) Platform lifts–*[$25.00]* $40.00 each.

(H) Fire alarm initiating, signaling and associated devices (per 50 units or portions thereof)–*[$20.00]* $30.00.

(I) Fire alarm main panel and annunciator panels–*[$20.00]* $50.00 each.

(J) Fire pumps–$50.00.

(5) Reinspection fee.

For each reinspection for code violations, there will be a fee of *[$25.00]* $35.00.

Sec. 3. 26 V.S.A. § 905 is amended to read:

§ 905. Application; examinations and fees

* * *

(d) Three-year electrical license fees shall be:

For a masters license (initial and renewal), *[$90.00]* $120.00;

For a journeyman’s license (initial and

and renewal), *[$60.00]* $90.00;

For a type-S journeyman’s license (initial and

renewal) per field, *[$60.00]* $90.00;

and for a certificate for framing, $10.00.

* * *

(f) The fee for replacement of a lost or damaged license shall be $20.00.

* * * Criminal Justice Training Council and

Victims’ Compensation * * *

Sec. 4. 13 V.S.A. § 7282(a) is amended to read:

(a) In addition to any penalty or fine imposed by the court for a criminal offense or any civil penalty imposed for a traffic violation, including any violation of a fish and wildlife statute or regulation, violation of a motor vehicle statute, or violation of any local ordinance relating to the operation of a motor vehicle, except violations relating to seat belts and child restraints and ordinances relating to parking violations, the clerk of the court shall levy an additional fee of:

(1) $5.00 for any offense committed prior to June 1, 1990.

(2) $8.00 for any offense committed after May 31, 1990, but before July 1, 1991, of which $3.00 shall be deposited into a special fund account to be known as the Victims’ Compensation Fund.

(3) $10.00 for any offense committed after June 30, 1991, but before July 1, 1993, of which $5.00 shall be deposited into a special fund account to be known as the Victims’ Compensation Fund.

(4) $17.50 for any offense committed after June 30, 1993, but before July 1, 2001, of which $12.50 shall be deposited into a special fund account to be known as the Victims’ Compensation Fund.

(5) $20.50 for any offense committed after June 30, 2001, of which $13.50 shall be deposited into a special fund account to be known as the victims’ compensation fund, and $2.00 shall be deposited into the criminal justice training council special fund established in section 2363 of Title 20.

Sec. 5. 20 V.S.A. § 2363 is amended to read:

§ 2363. Criminal justice training council special fund

There is hereby established in the state treasury a fund to be known as the criminal justice training council special fund, to be administered by the criminal justice training council from which payments may be made to support training activities authorized by this title, including the administrative expenses of the criminal justice training council and maintenance and operation of any permanent training facilities operated by the council. There shall be deposited in said fund all monies which are received from fees collected by the council in accordance with subsection 2355(f) of this title and fees imposed by the clerk of the court and designated for deposit into the criminal justice training council special fund in accordance with subsection 7282(a) of Title 13, together with such sums as may be appropriated to said fund by the general assembly. All balances in such fund at the end of any fiscal year shall be carried forward and remain a part of such fund. Disbursements from this fund shall be made by the state treasurer on warrants drawn by the commissioner of finance and management. Notwithstanding anything in this section or any other provision of law to the contrary, revenue from the surcharge fees deposited into the criminal justice training council special fund shall be used exclusively to support training activities authorized by this title and for no other purpose.

* * * Department of Health * * *

Sec. 6. 18 V.S.A. § 1753(c) is amended to read:

(c) Fees imposed by this section shall be deposited into the lead paint abatement accreditation and licensing special fund. Monies in the fund may be used by the commissioner only to support departmental accreditation, certification, and licensing activities related to this chapter. The fund shall be subject to the provisions of subchapter 5 of chapter 7 of Title 32 *[and shall cease to exist on July 1, 2001]*.

Sec. 7. 18 V.S.A. § 4353(a) is amended to read:

(a) The following fees shall be paid annually to the board at the time of making the application according to the following schedules:

(1) Restaurant I - Seating capacity of 0 to 25; *[$55.00]* $75.00

II - Seating capacity of 26 to 50; *[$85.00]* $115.00

III - Seating capacity of 51 to 100; *[$145.00]* $190.00

IV - Seating *[cacapacity]* capacity of *[100]* 101 to 200; *[$180.00]* $240.00

V - Seating capacity of over 200; *[$230.00]* $305.00

VI - Home Caterer; *[$65.00]* $85.00

VII - Commercial Caterer; *[$125.00]* $140.00

VIII - Limited Operations; *[$65.00]* $85.00

IX - Fair Stand; *[$30.00]* $60.00; if operating for four or

more days per year; *[$60.00]* $120.00

(2) Lodging I - Lodging capacity of 1 to 10; *[$55.00]* $70.00

II - Lodging capacity of 11 to 20; *[$80.00]* $105.00

III - Lodging capacity of 21 to 50; *[$120.00]* $155.00

IV - Lodging capacity of over 50; *[$210.00]* $270.00

(3) Food processor - a fee for any person or persons that process

food for resale to restaurants, stores or indi-

viduals according to the following schedule:

(A) - Gross receipts of $10,001.00 to $50,000.00;

*[$75.00]* $100.00

(B) - Gross receipts of over $50,000.00; *[$100.00]* $125.00

(4) Seafood vending facility*[: $65.00]* $100.00, unless operating pursuant to another license issued by the department of health and generating less than $40,000.00 in seafood gross receipts annually. If generating more than $40,000.00 in seafood gross receipts annually, the fee is to be paid regardless of whether the facility is operating pursuant to another license issued by the department of health.

(5) Shellfish reshippers and repackers - $200.00.

Sec. 7a. 18 V.S.A. § 4353(a)(1)VII is amended to read:

VII – Commercial Caterer; *[$140.00]* $150.00

Sec. 7b. 18 V.S.A. § 4353(a)(1)VII is amended to read:

VII – Commercial Caterer; *[$150.00]* $160.00

Sec. 8. 18 V.S.A. § 4446(a) is amended to read:

(a) A person owning or conducting a bakery as specified in sections 4441 and 4444 of this title shall pay to the board a fee for each certificate and renewal thereof in accordance with the following schedule:

Bakery I - Home Bakery; *[$35.00]* $50.00

II - Small Commercial; *[$75.00]* $90.00 through June 30, 2002, and $100.00 thereafter

III - Large Commercial; *[$165.00]* $200.00

IV - Camps; *[$70.00]* $80.00

Sec. 9. 18 V.S.A. § 4463(b) is amended to read:

(b) The fee for a salvage food facility license shall be *[$50.00]* $75.00. The license shall be effective for one year and may be renewed on payment of the license fee and approval of the department. Fees collected under this subsection shall be credited to a special fund and shall be available to the department to offset the cost of providing the services.

* * * Department of Corrections * * *

Sec. 10. 28 V.S.A. § 102(b) is amended to read:

(b) The commissioner is charged with the following powers:

* * *

(12) To enter into contracts with private collection agencies for the collection of supervisory fees imposed by this title and fines, penalties and restitution imposed under Title 13. The commissioner may agree to pay collection agencies a fixed rate for services rendered or a percentage of the amount collected which shall *[not be deducted from]* be added to any amounts *[but]* and may be recovered as an administrative cost of collection. Any such fixed rate or percentage may be deducted directly by the collection agency on a pro rata basis from any portion of the money so collected.

* * *

Sec. 11. [DELETED]

* * * Department of Education * * *

Sec. 12. 16 V.S.A. § 1697(a) is amended to read:

(a) Each applicant and licensee shall be subject to the following fees:

(1) Initial processing of application *[$25.00]* $35.00

(2) Issuance of initial license *[$25.00]* $35.00 per year

for the term of the license

(3) Renewal of license *[$25.00]* $35.00 per year

for the term of the renewal

(4) Replacement of license $10.00

(5) Duplicate license $3.00

(6) Peer review process $1,200.00 one-time fee.

*[

Pursuant to subdivision 603(2) of Title 32, these fees may be adjusted.

]*

* * * Health Care Trust Fund * * *

Sec. 13. 33 V.S.A. § 1953(a) is amended to read:

(a) Beginning July 1, *[1997]* 2001, each hospital’s annual assessment shall be *[3.30]* 3.60 percent of its net patient revenues (less chronic, skilled and swing bed revenues) for the most recent completed hospital fiscal year as determined by the commissioner from the hospital’s financial *[statements]* reports and other data filed with the department of banking, insurance, securities, and health care administration before December 1 of the previous year. The commissioner may for good cause exempt any mental hospital or psychiatric facility from assessment under this subchapter if the Secretary of the United States Department of Health and Human Services grants a waiver for such exemption, pursuant to section 1903(w)(3)(E)(ii) of the Social Security Act

(42 U.S.C. § 1396b(w)(3)(E)(ii)).

Sec. 14. 33 V.S.A. § 1954(a) is amended to read:

(a) Beginning July 1, *[1999]* 2001, each nursing home’s annual assessment shall be *[$1,534.25]* $2,768.69 per bed licensed pursuant to section 7105 of this title on June 30 of the immediately preceding fiscal year.

Sec. 15. 33 V.S.A. § 1955a(a) is amended to read:

(a) Beginning July 1, *[1999]* 2001, each home health agency’s assessment shall be *[7.3375]* 12.9 percent of its net operating revenues from core home health care services, excluding revenues for services provided under Title XVIII of the federal Social Security Act. The amount of the tax shall be determined by the commissioner based on the home health agency’s most recent audited financial statements, a copy of which shall be provided on or before *[May 31]* December 1 of each year to the office of Vermont health access.

Sec. 16. 33 V.S.A. § 1956 is amended to read:

§ 1956. Health care trust fund

* * *

(b) All monies received from or generated to the fund shall be used for the state portion of Medicaid expenditures and for administration of the provisions of this subchapter under subsection 1952(c) of this title. Of the net revenues generated by the *[$1,534.25]* $2,768.69 per bed annual assessment on nursing homes, the net revenues generated by $200.00 per bed shall be used for home- and community-based Medicaid waiver services and the net revenues generated by *[$534.25 per bed]* $1,768.69 per bed, less the total amount of the state share of the inflation factor adjustments for state fiscal year 2002, as calculated by the division of rate setting pursuant to subsection 905(c) of this title, shall be used solely for Medicaid nursing home reimbursement as follows:

* * *

(e) The general assembly shall appropriate funds from the health care trust fund to the department of prevention, assistance, transition, and health access, the department of aging and disabilities, and the department of developmental and mental health services, and such funds shall be transferred to the departments’ Medicaid and administrative appropriations as requested by the departments to carry out the purposes of this subchapter.

Sec. 17. Sec. 4 of No. 56 of the Acts of 1993, as amended by Sec. 11 of No. 14 of the Acts of 1995, Sec. 71 of No. 59 of the Acts of 1997, and Sec. 198 of No. 49 of the Acts of 1999, is further amended to read:

Sec. 4. EFFECTIVE DATE; REPEAL

(a) This act shall take effect from passage.

(b) 33 V.S.A. §§ 1953 (hospital assessment) and 1954 (nursing home assessment) are repealed effective July 1, *[2001]* 2003.

Sec. 18. Sec. 205 of No. 49 of the Acts of 1999 is amended to read:

Sec. 205. SUNSET

33 V.S.A. § 1955a, relating to home health agency assessment, shall expire on July 1, *[2001]* 2003.

* * * Department of Fish and Wildlife * * *

Sec. 19. 10 V.S.A. § 4254 is amended to read:

§ 4254. Fishing and hunting licenses; eligibility, design, distribution, sale and issue

* * *

(e) The commissioner shall establish:

* * *

(9) That each license shall clearly state that one dollar and fifty cents of the fee for that license is a filing fee which may be retained by the agent.

* * *

Sec. 20. 10 V.S.A. § 4255 is amended to read:

§ 4255. License fees

(a) Vermont residents may apply for licenses on forms provided by the commissioner. Fees for each license shall be:

(1) Fishing license $20.00

(2) Hunting license *[$14.00]* $16.00

(3) Combination hunting and fishing license *[$26.00]* $29.00

(4) Big game licenses (all require a hunting license)

(A) archery license *[$15.00]* $17.00

(B) muzzle loader license *[$15.00]* $17.00

(C) turkey license *[$15.00]* $17.00

(D) second muzzle loader license *[$15.00]* $17.00

(E) second archery license *[$15.00]* $17.00

(5) Trapping license $20.00

(6) Hunting license for persons under

18 years of age $8.00

(7) Trapping license for persons under

18 years of age $10.00

(8) Fishing license for persons aged

15 through 17 $8.00

(9) Sporting license $100.00

(10) Three-day fishing license $10.00

(11) Combination hunting and fishing $12.00

license for persons under 18 years of age

(b) Nonresidents may apply for licenses on forms provided by the commissioner. Fees for each license shall be:

(1) Fishing license *[$38.00]* $41.00

(2) One-day fishing license *[$11.00]* $15.00

(3) [Deleted.]

(4) Hunting license *[$80.00]* $85.00

(5) Combination hunting and fishing license *[$100.00]* $110.00

(6) Big game licenses (all require a hunting license)

(A) archery license *[$20.00]* $25.00

(B) muzzle loader license *[$20.00]* $25.00

(C) turkey license *[$20.00]* $25.00

(D) second muzzle loader license *[$20.00]* $25.00

(E) second archery license *[$20.00]* $25.00

(7) Small game licenses

(A) all season *[$35.00]* $40.00

(B) [Deleted.]

(8) Trapping license $300.00

(9) Hunting licenses for persons under

18 years of age $25.00

(10) Three-day fishing license *[$18.00]* $20.00

(11) Seven-day fishing license *[$25.00]* $30.00

(12) Archery-only license (does not require hunting

license) *[$50.00]* $60.00

(13) Fishing license for persons aged 15 through 17 $15.00

(14) Sporting license $200.00

(15) Combination hunting and fishing license for

persons under 18 years of age $30.00

* * *

Sec. 21. 10 V.S.A. § 4502(f) is amended to read:

(f) The commissioner shall not reinstate a license suspended pursuant to § 4502(c)(2) and (3) of this title until the licensee has successfully completed a remedial course designed to teach hunters, trappers and anglers correct legal and ethical behavior while hunting, trapping and fishing in Vermont. The remedial course shall be approved by the commissioner and conducted by the department. The fee for the remedial course shall be $100.00. Funds collected for the course shall be deposited in the fish and wildlife fund.

* * * Department of Environmental Conservation * * *

Sec. 22. 3 V.S.A. § 2805 is amended to read:

§ 2805. Environmental permit fund

There is hereby established a special fund to be known as the environmental permit fund for the purpose of implementing the programs specified under the provisions of 3 V.S.A. § 2822*[(h) and]* (i) and (j). Revenues to the fund shall be those fees collected in accordance with 3 V.S.A. § 2822*[(h)]*(i) and (j), and 10 V.S.A. § 2625 and gifts and appropriations. The secretary of natural resources shall be responsible for the fund and shall account for the revenues and expenditures of the agency of natural resources. Any fee required to be collected under 3 V.S.A. § 2822(j)(1) shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the operating permit program authorized under 10 V.S.A. chapter 23. Any fee required to be collected under 3 V.S.A. § 2822(k), (l) or (m) for air pollution control permits or registrations or motor vehicle registrations shall be utilized solely to cover all reasonable (direct or indirect) costs required to support the programs authorized under 10 V.S.A. chapter 23. Fees collected pursuant to subsections 2822(k) *[and]*, (l) and (m) of this title*[, and a portion of the fees collected pursuant to subsection 2822(m) of this title]* shall be used by the secretary to fund activities related to the secretary’s hazardous or toxic contaminant monitoring programs and motor vehicle-related programs. The environmental permit fund shall be subject to the provisions of subchapter 5 of chapter 7 of Title 32, except that any unencumbered environmental permit fund balance in excess of those fees collected under subsections 2822(j)(1), (k), (l) and (m) of this title, and in excess of *[$150,000.00]* $250,000.00 from those fees collected from environmental permit fund sources other than section 2822(j)(1), (k), (l) and (m) at the close of a fiscal year shall revert to the general fund.

Sec. 23. REPEAL

3 V.S.A. § 2822(h) (list of environmental permits) is repealed.

Sec. 24. 3 V.S.A. § 2822(j) is amended to read:

(j) In accordance with *[subsections (h) and]* subsection (i) of this section, the following fees are established for permits, licenses *[and]*, certifications, approvals, registrations *[issued]*, orders, and other actions taken by the agency of natural resources.

(1) For air pollution control permits or registrations issued under 10 V.S.A. chapter 23:

(A) Any persons subject to the provisions of section 556 of Title 10 shall submit with each permit application or with each request for a permit amendment, a base service fee in accordance with the base fee schedule in subdivision (i) of this subdivision. Prior to taking final action under section 556 of Title 10 on any application for a permit for a nonmajor stationary source or on any request for an amendment of a permit for such a source, the secretary shall assess each applicant for any additional fees due to the agency, assessed in accordance with the base fee schedule and the supplementary fee schedule in subdivision (ii) of this subdivision. The applicant shall submit any fees so assessed to the secretary prior to issuance of the final permit, notwithstanding the provisions of *[subsections (h) and]* subsection (i) of this section. The base fee schedule and the supplementary fee schedule are applicable to all applications on which the secretary makes a final decision on or after the date on which this section is operative.

(i) Base fee schedule

(I) Application for permit to construct or modify source

(aa) Major stationary source $ *[11,000.00]* 11,500.00

(bb) Nonmajor stationary source $ *[585.00]* 750.00

(cc) Indirect source $ *[3,500.00]* 4,000.00

(II) *[Minor Amendment]* Amendments

(aa) Change in business name, division name or

plant name; mailing address; or company

stack designation; or other administrative

amendments $ *[60.00]* 100.00

(bb) *[Other minor]* Technical amendments

$ *[60.00]* 500.00

(ii) Supplementary fee schedule for nonmajor stationary sources

(I) Engineering review $ 1,460.00

(II) Air quality *[impart]* impact analysis

(aa) Review screening modeling $ *[585.00]* 600.00

(bb) Review refined modeling $ 1,170.00

(III) Observe and review source emission

testing $1,750.00

(IV) Audit performance of continuous emissions

monitors $1,750.00

(V) Audit performance of ambient air

monitoring $1,750.00

(VI) Implement public comment

requirement $ *[290.00]* 500.00

(B) Any person required to register an air contaminant source under subsection 555(c) of Title 10 shall submit an annual registration fee in accordance with the following registration fee schedule, where the sum of a source’s emissions of the following air contaminants is greater than five tons per year: sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons:

Registration: *[$0.015]* $0.016 per pound of emissions of any of these contaminants.

Where the sum of a source’s emission of these contaminants is greater than ten tons per year:

Base registration fee *[$800.00]* $840.00; and *[$0.015]* $0.016 per pound of emissions of any of these contaminants.

(2) For discharge permits issued under 10 V.S.A. chapter 47 and orders issued under 10 V.S.A. § 1272, an administrative processing fee of $100.00 shall be paid at the time of application for a discharge permit in addition to any application review fee and any annual operating fee:

(A) Application review fee

(i) Municipal, industrial, noncontact

cooling water and thermal discharges.

(I) Individual permit: original $0.0023 per gallon design

application; amendment for flow; minimum $50.00

increased flows; amendment per outfall; maximum

for change in treatment process. $30,000.00 per

application.

(II) Renewal, transfer or minor $0.00

amendment of individual permit.

(III) General permit. $0.00

(ii) Pretreatment discharges.

(I) Individual permit: original $0.12 per gallon design

application; amendment for flow; minimum $50.00

increased flows; amendment for per outfall.

change in treatment process.

(II) Renewal, transfer or minor $0.00

amendment of individual permit.

(iii) Stormwater discharges.

(I) Individual permit: original $145.00 per acre

application; amendment for impervious area;

increased flows; amendment minimum $100.00 per

for change in treatment process. application.

(II) Individual permit for col- $1,170.00 per acre

lected stormwater runoff impervious area; mini-

which is discharged to mum $1,170.00 per

Class A waters. application.

(III) Renewal, transfer or minor $0.00

amendment of individual permit.

(IV) General permit. $0.00

(iv) Indirect discharge or underground injection control, excluding

stormwater discharges.

(I) Sewage.

(aa) Individual permit: original $1,755.00 plus $0.08 per

application; amendment for gallon of design capacity

increased flows; amendment above 6,500 gpd.

for modification or

replacement of system.

(bb) Renewal, transfer or $0.00

minor amendment of

individual permit.

(cc) General permit. $0.00

(II) Nonsewage.

(aa) Individual permit: origi- $0.06 per gallon design

nal application; amend- capacity; minimum

ment for increased flows; $235.00 per application

amendment for modification

or replacement of system.

(bb) Renewal, transfer or $0.00

minor amendment of

individual permit.

(cc) General permit. $0.00

(B) Annual operating fee

(i) *[Municipal, industrial]* Industrial, *[$0.0005]* $0.0008 per

noncontact cooling water and gallon design capacity.

thermal discharges. $100.00 minimum;

maximum *[$6,000.00]* $25,000.00.

(ii) Municipal. $0.0025 per gallon of

actual flows. $100.00

minimum; maximum

$10,000.00.

*[

(ii)]*(iii) Pretreatment discharges. *[$0.024]* $0.0286 per

gallon design capacity.

$100.00 minimum;

maximum *[$7,000.00

]*

$25,000.00.

*[

(iii)]*(iv) Stormwater

(I) Individual permit for col- $ 235.00 per acre

lected stormwater runoff impervious area;

which is discharged to $ 235.00 minimum.

class A waters.

(II) All other individual permits $30.00 per acre impervious area; $30.00 minimum.

(III) General permit $30.00

*[

(iv)]*(v) Indirect discharge or under-

ground injection control,

excluding stormwater discharges:

(I) Sewage

(aa) Individual permit $350.00 plus *[$0.02]*

$0.0288 per gallon of

design capacity above

6,500 gpd. $350.00

minimum; maximum

*[$10,000.00]* $25,000.00.

(bb) General permit $200.00

(II) Nonsewage

(aa) Individual permit $0.012 per gallon of

design capacity. $100.00

minimum; maximum

$5,000.00.

(bb) General permit $ 200.00

The secretary shall bill all persons who hold discharge permits for the required annual operating fee. Annual operating fees may be divided into semiannual or quarterly billings.

(3) For subdivision permits issued under 18 V.S.A. chapter 23:

(A) per lot *[$175.00

]*

(i) no sewerage connection $185.00

(ii) with sewerage connection $175.00.

(B) deferral of permit *[$60.00]* $63.00.

(C) homestead exemption *[$60.00]* $63.00 per

application.

(D) permit amendment *[$60.00]* $63.00 per

*[application]* lot.

*[

(E) remediation certificate]* *[$175.00 per certificate.

(F)]*(E) time-of-sale remediation report $30.00 per report.

(4) For potable water supply and wastewater permits issued under 10 V.S.A. chapter 61; mobile home park permits issued under 10 V.S.A. chapter 153; campground permits issued under 3 V.S.A. section 2873 and under 10 V.S.A. chapter 61:

(A) original application *[$0.42]* $0.45 per gallon of

design flow of sewage or

water, whichever is

greater. Minimum

$115.00 per application.

Not to exceed *[$87,750.00]*

$25,000.00.

(B) original application or permit $0.42 per gallon of

amendment that requires a technical design flow for

review for project with sewerage applications or

connection amendments that require

review of both sewage and water. Minimum $115.00 per application. Not to exceed $25,000.00. $0.27 per gallon of design flow for applications or amendments that require review of either sewage or water but not both. Minimum of $115.00 per application. Not to exceed $25,000.00.

*[

(B)]*(C) permit amendment that *[$0.42]* $0.45 per gallon

requires a technical review of design flow for

amendments that *[requires]*

require review of both

sewage and water.

Minimum $115.00

per application. Not to exceed $25,000.00.

*[$0.25]* $0.27 per gallon of

design flow for

amendments that require

review of either sewage or water but not both.

Minimum of $115.00 per application.

Not to exceed *[$87,500.00]* $25,000.00.

*[

(C)]*(D) other amendments which *[$35.00]* $37.00

require little or no technical

review.

*[

(D)]*(E) Notwithstanding the other provisions of this subdivision,

(i) when a wastewater system is subject to the fee provisions of this subdivision and subdivision (j)(2)(A)(iv)(I) of this section, only the higher of the two fees shall be assessed; and

(ii) when a water supply is subject to the fee provisions of this subdivision and subdivision (j)(7)(A) of this section, only the fee required by subdivision (j)(7)(A) shall be assessed.

(5) For well drillers licenses issued under 10 V.S.A. chapter 48:

(A) *[Water well drillers]* $105.00 per year.

*[

(i) original application]* *[$300.00]*

*[

(ii) renewal application]* *[$300.00

(B) Monitoring well drillers]*

*[

(i) original application]* *[$300.00]*

*[

(ii) renewal application]* *[$300.00

Renewal every three years is required for all well drillers licenses. Any existing licensee may apply to be licensed an additional class at the renewal rate for that class.]* Fees shall be paid on an annual basis over the term of the license.

(6) For solid waste treatment, storage, transfer or disposal facility certifications issued under 10 V.S.A. chapter 159*[, $0.75 per ton per year.]*:

(A) original and renewal applications, $0.75 per ton of certified

excluding recycling facilities operational capacity

prorated and paid on an

annual basis over the

term of certification.

(B) original and renewal application $100.00

for recycling facilities

(C) increase in tonnage $0.75 per ton of certified

operational capacity

prorated and paid on an

annual basis over the

term of certification.

(7) For public water supply and bottled water permits and approvals issued under 10 V.S.A. chapter 56:

(A) For public water supply construction permit applications: *[$235.00]* $250.00 per application plus *[$0.0047]* $0.005 per gallon of design capacity.

(B) For water treatment plant applications: *[$0.0018]* $0.002 per gallon of design capacity.

(C) For *[new]* source *[approval]* permit applications for community water systems: *[$585.00]* $615.00 per source.

(D) For public water supplies and bottled water facilities, annually:

Transient, noncommunity: *[$0.023]* $0.0267 per 1,000

gallons of water produced

annually or *[$40.00]*

$42.00, whichever is

greater.

Nontransient, noncommunity: *[$0.023]* $0.0267 per 1,000

gallons of water produced

annually or *[$60.00]*

$63.00, whichever is

greater.

Community: *[$0.023]* $0.0267 per 1,000

gallons of water produced

annually.

Bottled water: *[$475.00]* $500.00 per

permitted facility.

In calculating flow-based fees under this subsection, the secretary will use metered production flows where available. When metered production flows are not available, the secretary shall estimate flows based on the standard design flows for new construction.

The secretary shall bill public water supplies and bottled water companies for the required fee. Annual fees may be divided into semiannual or quarterly billings.

(8) For public water system operator certifications issued under 10 V.S.A. § 1674:

Class 1 *[$30.00]* $35.00 per initial certificate or renewal

*[

Class 2]* *[$60.00 per certificate or renewal

Class 3]* *[$60.00 per certificate or renewal

Class 4A]* *[$60.00 per certificate or renewal

Class 4B]* *[$60.00 per certificate or renewal

Class 4C]* *[$60.00 per certificate or renewal

Class 5]* *[$60.00 per certificate or renewal.

]*

All Other Classes $65.00 per initial certificate or renewal.

(9) For waste hauler permits issued under 10 V.S.A. § 6607a: *[$10.00]* $20.00 per vehicle used, by the commercial hauler that is permitted, for transporting waste. This fee shall be submitted with the permit application and each year thereafter for the duration of the permit, at the time of filing of the annual statement required by 10 V.S.A. § 6605f(m).

(10) For management of lakes and ponds permits issued under 29 V.S.A. chapter 11:

(A) Nonstructural erosion control $155.00 per application

*[

(A) Shoreline]* (B) Structural erosion *[$150.00]* $155.00 per

control application

*[

(B)]*(C) All other encroachments *[$150.00]* $155.00 per

application plus 0.5

percent of construction

costs.

(11) For stream alteration permits issued under 10 V.S.A. chapter 41: *[$100.00]* $105.00 per application.

(12) For dam permits issued under 10 V.S.A. chapter 43: *[0.5]* 0.525 percent of construction costs, minimum fee of $200.00.

(13) For aquatic nuisance control permits issued under 10 V.S.A. § 1263a:

*[

(A) Copper compounds used as]* *[$25.00 per application]*

*[algicides.

]*

*[Bottom barriers.

(B) Chemicals other than pesticides]* *[$60.00 per application

]*

*[or biological controls.

(C) Pesticides, other than copper]* *[$150.00 per application.

]*

*[compounds used as algicides.

]*

*[Powered mechanical devices.

]*

*[Structural controls.

]*

(A) Projects in private waters, as that term is defined in 10 V.S.A. § 5210:

(i) Aquatic pesticide aquashade, $50.00 per application

Copper compounds used as algicides

(ii) All other pesticides and chemicals $200.00 per application

(iii) Bottom barriers, $35.00 per application

Powered mechanical devices

(iv) Structural controls, $75.00 per application

Biological controls

(B) Projects in all other waters:

(i) All pesticides and other chemicals $500.00 per application

(ii) Bottom barriers $75.00 per application

(iii) Powered mechanical devices $175.00 per application

(iv) Structural controls, $300.00 per application.

Biological controls

(14) For certification of sewage treatment plant operators issued under 10 V.S.A. chapter 47:

(A) original application *[$60.00]* $63.00

(B) renewal application *[$60.00]* $63.00.

(15) For sludge or septage facility certifications issued under 10 V.S.A. chapter 159:

(A) land application sites; facilities *[$800.00]* $840.00 per

that further reduce pathogens; application

disposal facilities

(B) all other types of facilities *[$90.00]* $95.00 per

application.

(16) For underground storage tank permits issued under 10 V.S.A. chapter 59: *[$30.00]* $32.00 per tank

per year.

(17) For hazardous waste treatment, storage, or disposal facility certifications issued under 10 V.S.A. chapter 159:

(A) original application *[$5,000.00]* $5,250.00

(B) renewal application *[$5,000.00]* $5,250.00.

(18) For recycle or reuse exemptions issued under 10 V.S.A. §§ 6602(9) and 6603(1): *[$90.00 per application

]*

(A) initial determination of exemption $100.00

(B) administrative modifications $100.00

(C) all other modifications $50.00.

(19) For delistings of hazardous waste issued under 10 V.S.A. §§ 6602(4) and 6603(1): *[$250.00]* $265.00 per

application.

(20) For underground storage tank tester licenses issued under 10 V.S.A. § 1936:

(A) original application $50.00

(B) renewal application $50.00.

(21) For site technician certifications issued under 3 V.S.A. § 2822(f):

(A) Type A site technicians:

(i) original application *[$50.00]* $55.00

(ii) renewal application *[$25.00]* $26.00 per year

(B) Type B site technicians:

(i) original application *[$25.00]* $26.00

(ii) renewal application *[$25.00]* $26.00 per year.

(22) For certificates of need issued under 10 V.S.A. § 6606a: $7,500.00 per application.

(23) Notwithstanding all other subdivisions of this subsection, for administrative amendments of the listed permits, licenses, certifications, approvals and exemptions, the secretary may charge less than the listed fees, provided that the amount charged is no less than *[$25.00]* $30.00 and is sufficient to cover the costs associated with processing the administrative amendment.

(24) For hazardous waste generator registrations required by 10 V.S.A. § 6608(f):

(A) small quantity generators $25.00 per year

(B) large quantity generators $200.00 per year.

*[

(24)]*(25) For approvals of the operation of mineral prospecting equipment issued under 10 V.S.A. chapter 41:

(A) annual approval for a resident: $ 30.00

(B) annual approval for a nonresident: $100.00.

Sec. 25. TRANSITION IMPLEMENTATION OF AMENDMENTS TO 3 V.S.A. § 2822(j)(6) ENACTED BY THE 2001 SESSION OF THE GENERAL ASSEMBLY

Any person who has paid an application fee for a solid waste facility certification, prior to July 1, 2001, pursuant to 3 V.S.A. § 2822(j)(6) shall be exempt from paying the prorated annual fee under subdivision (6)(A) until the end of the term established in the existing certification.

Sec. 26. 3 V.S.A. § 2822(m)(2) is amended to read:

(2) The department of motor vehicles shall collect the emission fee imposed in subdivision (1) of this subsection on an annual basis, consistent with the registration period. *[After payment of its collection expenses, the department of motor vehicles shall remit the proceeds of the emission fee]* Notwithstanding section 11 of Title 19, all funds collected shall be credited to the fund established under section 2805 of this title.

Sec. 27. Sec. 28 of No. 186 of the Acts of 1996, as amended by Sec. 39(a) of No. 155 of the Acts of 1998 and Sec. 154 of No. 49 of the Acts of 1999, is further amended to read:

Sec. 28. EXTENSION OF CERTAIN ENVIRONMENTAL CONSERVATION PROVISIONS

Notwithstanding Sec. 20 of Act 92 of the Acts of 1993, 3 V.S.A. § 2822(k), (l), and (m) (air pollution control permits, registrations or motor vehicles registrations) shall not sunset July 1, 1996, but are extended through June 30, *[2001]* 2004.

Sec. 28. 10 V.S.A. § 1395 is amended to read:

§ 1395. Application

Any person who intends to engage in the business of drilling *[or servicing]* wells in the state of Vermont shall file an application with the department of environmental conservation for a license to do so on forms provided by the department on which the person’s qualifications and other information which may be required by the department shall be stated. The fee for a license or a renewal shall be in accordance with 3 V.S.A. § 2822. The licenses so issued shall expire every three years on June 30, shall not be transferable and may be renewed on filing of a complete application and payment of the required fee in accordance with 3 V.S.A. § 2822. *[At the option of the applicant for renewal, the]* The fee *[may]* shall be paid *[either in thirds,]* on an annual basis*[, or in full, upon filing an application for renewal]*.

Sec. 29. 10 V.S.A. § 1395a is amended to read:

§ 1395a. *[Classes of]* licenses; rules

(a) The department shall issue *[two classes of]* licenses under this subchapter. A licensee may be *[approved for]* authorized to perform more than one class of activities under a single license. The department shall, by rule, establish appropriate application, testing, and renewal procedures for each class of activity under a license. The rule shall include the opportunity for an applicant to take the licensing test orally or by demonstration if the applicant fails the written test. The classes of activities under a *[licenses]* license shall be as follows:

* * *

Sec. 30. [DELETED]

Sec. 31. 10 V.S.A. § 6608(f) is added to read:

(f) All generators of regulated hazardous waste, except conditionally exempt generators, shall register with the secretary, renew the registration annually, and pay the fee specified in section 2822 of Title 3.

Sec. 32. Sec. 30 of No. 186 of the Acts of 1996, as amended by Sec. 88 of No. 59 of the Acts of 1997 and Sec. 156 of No. 49 of the Acts of 1999, is further amended to read:

Sec. 30. EXTENSION OF MOTORBOAT REGISTRATION FEE INCREASES

Notwithstanding Sec. 6 of Act No. 52 of the Acts of 1993, motorboats registration fee increases shall affect motorboats required to be registered on or after March 1, 1994, and the fee increases and special fund authorization shall not expire on June 30, 1997, but shall continue in effect *[through June 30, 2001]*.

Sec. 32a. FISH AND WILDLIFE FUNDING STUDY

The Commissioner of Fish and Wildlife shall review the costs of the various services performed by the department and the various sources of department funding, and shall identify any potential alternative sources of funding, including available federal or state grants and possible state revenues for dedication or appropriation, and shall report his findings and recommendations to the House committee on fish, wildlife and water resources and the Senate committee on natural resources and energy by December 15, 2001.

Sec. 32b. VINOUS BEVERAGE MANUFACTURER’S OR RECTIFIER’S

ANNUAL FEE

The annual fee charged under 7 V.S.A. § 2(15) to licensed manufacturers or rectifiers for the sale of up to 2,000 gallons of vinous beverages manufactured in Vermont is amended from $200.00 to $50.00, effective July 1, 2001; and the Legislative Council is directed to codify this amendment.

Sec. 32c. 32 V.S.A. § 1712 is amended to read:

§ 1712. TOWN CLERKS

Town clerks shall receive the following fees in the matter of vital registration:

(1) For issuing and recording a marriage or civil union license, *[$20.00]* $23.00 to be paid by the applicant, *[$5.00]* $8.00 of which sum shall be retained by the town clerk as a fee and $15.00 of which sum shall be paid by the town clerk to the state treasurer in a return filed quarterly upon forms furnished by the state treasurer and specifying all fees received by him or her during the

quarter. Such quarterly period shall be as of the first day of January, April, July and October.

* * *

Sec. 32d. EXECUTIVE BRANCH FEE REPORT SUMMARIES

The Joint Fiscal Office and Legislative Council shall, with the assistance of the Department of Finance and Management, develop a summary form, which shall be submitted for each fee proposal included in the executive branch fee report under 32 V.S.A. § 605. Each summary form shall include the information required under 32 V.S.A. § 605, and shall be made available in electronic form and other form as requested by the Joint Fiscal Office and Legislative Council.

Sec. 33. EFFECTIVE DATES

This section and Sec. 10 of this act (fees for collections of corrections liabilities) shall take effect upon passage; Secs. 19 (agent’s fee for hunting and fishing licenses) and 20 (hunting and fishing license fees) shall take effect January 1, 2002; Sec. 7a (commercial caterer’s fee) shall take effect July 1, 2002; Sec. 7b (commercial caterer’s fee) shall take effect July 1, 2003.

Approved: June 16, 2001