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H.294

AN ACT RELATING TO EXECUTIVE BRANCH FEES

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

* * * Secretary of State * * *

* * * Corporations * * *

Sec. 1.  11 V.S.A. § 3013(a) is amended to read:

(a)  The secretary of state shall collect the following fees when a document described in this section is delivered to the office of the secretary of state for filing:

* * *

(9)  Statement of change of designated agent or designated

           office, or both                                            $20.00 and not to exceed  

$1,000.00 per filer per calendar year   

* * *

* * * Professional Regulation * * *

Sec. 2.    26 V.S.A. § 996(d) is amended to read:

(d)  Applicants and persons regulated under this chapter shall pay the following fees:

(1)  Application for license                                            $  70.00

(2)  Biennial renewal                                                     $ 225.00 260.00

Sec. 3.  26 V.S.A. § 993 is amended to read:

§ 993.  ISSUANCE OF LICENSE; REGISTRATION

If, upon due examination, it is found that the applicant is of good moral character and possessed of sufficient skill and knowledge of the business and has met the application and qualification requirements set forth in this chapter, the board shall issue to the applicant, upon the payment of the required fee, a license to practice embalming and shall register the applicant as a duly licensed embalmer.

* * * Funeral Directors * * *

Sec. 4.  26 V.S.A. § 1256(d) is amended to read:

(d)  Applicants and persons regulated under this chapter shall pay the following fees:

(1)  Application for license                                         $  50.00 70.00

(2)  Initial license                                                           $  20.00

(3)(2)  Biennial renewal of license

(A)  Funeral director                                                $ 225.00 260.00

(B)  Funeral establishment                                        $ 400.00 475.00

(C)  Crematory establishment                               $ 400.00 475.00

(D)  Removal personnel                                           $   50.00  75.00


Sec. 5.    26 V.S.A § 1254 is amended to read:

§ 1254.  ISSUANCE OR DENIAL OF LICENSE

If, upon review, it is found that the applicant possesses sufficient skill and knowledge of the business and has met the application and qualification requirements set forth in this chapter, the board shall issue to him or her upon the payment of an initial license fee, a license to engage in the business of funeral director, funeral establishment, crematory establishment, or removal personnel. All applications shall be granted or denied within 90 days from the making thereof.

* * *

* * * Pharmacy * * *

Sec. 6.  26 V.S.A. § 2046 is amended to read:

§ 2046.  FEES

Applicants and persons regulated under this chapter shall pay the following fees:

(1)  Initial application:

(A)  Pharmacists                                                      $ 110.00

(B)  Retail drug outlets                                             $ 270.00 300.00

(C)  Institutional drug outlets                                $ 270.00 300.00

(D)  Manufacturing drug outlet                             $ 270.00 300.00

(E)  Wholesale drug outlet                                    $ 400.00 600.00

(F)  Investigative and research projects                $ 270.00 300.00

(G)  Pharmacy technicians                                    $  25.00    50.00

(2)  Biennial renewal:

(A)  Pharmacists                                                      $  70.00 100.00

(B)  Retail drug outlets                                             $  70.00 300.00

(C)  Institutional drug outlets                                   $  70.00 300.00

(D)  Manufacturing drug outlet                                $  70.00 300.00

(E)  Wholesale drug outlet                                           $200.00 300.00

(F)  Investigative and research projects                    $  70.00 300.00

(G)  Pharmacy technicians                                        $  50.00   60.00

* * *

* * * Psychologists * * *

Sec. 7.  26 V.S.A. § 3010 is amended to read:

§ 3010.  FEES; LICENSES

Applicants and persons regulated under this chapter shall pay the following fees:

(1)  Application for license                                        $175.00

(2)  Biennial renewal of license                                 $275.00 225.00

* * * Department of Liquor Control * * *

Sec. 8.  7 V.S.A. § 231(a) is amended to read:

(a)  The following fees shall be paid:

* * *

(12)  For vinous direct sales by a manufacturer or rectifier, $200.00.

* * *

 (17)  For a wine shipping permit, $300.00.

* * *

* * * Office of Vermont Health Access * * *

Sec. 9.  33 V.S.A. § 1954 is amended to read:

§ 1954.  NURSING HOME ASSESSMENT

(a)  Beginning July 1, 2005 2007, each nursing home's annual assessment shall be $3,787.79 $4,322.90, and beginning January 1, 2008, $3,962.66 per bed licensed pursuant to section 7105 of this title on June 30 of the immediately preceding fiscal year.  The annual assessment for each bed licensed as of the beginning of the fiscal year shall be prorated for the number of days during which the bed was actually licensed and any over payment shall be refunded to the facility.  To receive the refund, a facility shall notify the director in writing of the size of the decrease in the number of its licensed beds and dates on which the beds ceased to be licensed.

* * *

(d)  Any nursing home that fails to make a payment to the office on or before the specified schedule, or under any schedule of delayed payments established by the director, shall be assessed not more than $1,000.00.  The director may waive this late-payment assessment provided for in this subsection for good cause shown by the nursing home.  The director may reduce Medicaid claim payments to satisfy all past-due provider taxes assessed.

* * * Department of Health * * *

Sec. 10.  18 V.S.A. § 1334(b) is amended to read:

(b)  Certification and permit fees shall be:

(1)  Certification fees

(A)  Entities                                               $500.00 $600.00 Initial

                                                                                 $  50.00 $150.00 Additional

(B)  Consultants                                          $150.00 $180.00 Initial

                                                                                 $125.00 $150.00 Additional

(C)  Analysts                                              $  50.00 $ 60.00

(D)  Workers                                              $  50.00 $ 60.00

(E)  Supervisors                                          $100.00 $120.00

(F)  Training courses–two-year period

Initial                                                      $400.00  $480.00

Refresher                                              $250.00   $300.00

(2)  Permit fees

(A)  more than 10 square feet

through 100 square feet                                              $  50.00  $ 75.00

(B)  more than 10 linear feet

through 100 linear feet                                                $  50.00  $ 75.00

(C)  more than 100 square feet

through 1,000 square feet                                           $100.00  $150.00

(D)  more than 100 linear feet

through 1,000 linear feet                                             $100.00  $150.00

(E)  more than 1,000 square feet                  $200.00  $300.00

(F) more than 1,000 linear feet                     $200.00  $300.00

(G)  permit revision charge                                           $ 50.00

Sec. 11.  18 V.S.A. § 1652 is amended to read:

§ 1652.  STATE RADIATION CONTROL

* * *

(e)  Applicants for registration of X-ray equipment shall pay a triannual registration fee of $300.00.

(f)  Fees collected under this section shall be credited to a special fund established and managed pursuant to subchapter 5 of chapter 7 of Title 32 and shall be available to the department to offset the costs of providing services relating to licensing and registration and controlling sources of ionizing radiation.


Sec. 12.  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;     $ 75.00  

      II - Seating capacity of 26 to 50;      $ 115.00 $130.00

                        III - Seating capacity of 51 to 100;    $190.00  $215.00

                         IV - Seating capacity of 101 to 200; $240.00  $270.00

                           V - Seating capacity of over 200;   $305.00  $345.00

                          VI - Home Caterer;                            $85.00

     VII - Commercial Caterer;                $160.00  $175.00

           VIII - Limited Operations;                  $ 85.00

     IX - Fair Stand; $60.00; if operating for four or

            more days per year;                     $120.00  $140.00

(2)  Lodging    I - Lodging capacity of 1 to 10;     $ 70.00  

                II - Lodging capacity of 11 to 20;  $105.00  $120.00   

      III - Lodging capacity of 21 to 50;  $155.00   $175.00

      IV - Lodging capacity of over 50;   $270.00  $300.00

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

food for resale to restaurants, stores or individuals according to the following schedule:

(A) - Gross receipts of $10,001.00 to $50,000.00; $100.00

(B) - Gross receipts of over $50,000.00; $125.00 $135.00

(4)  Seafood vending facility $100.00 -$110.00, 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 $250.00.

Sec. 13.  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; $50.00

            II - Small Commercial; $90.00 through June 30, 2002, and $100.00 thereafter $110.00

           III - Large Commercial; $200.00 $220.00

           IV - Camps; $80.00

Sec. 14.  18 V.S.A. § 1904(b) is amended to read:

(b)  License fees.

(1)  Base fee of $6,421.00 in calendar year 2005; $7,450.00 in 2006; and $7,667.00 in calendar years 2007, 2008, 2009, and 2010.

(2)  Per bed fee of $20.00 for each licensed bed in calendar year 2005; $20.00 in 2006; and $25.00 in calendar years 2007, 2008, 2009, and 2010.

(3)  The base fee for applicants presenting evidence of current accreditation by the Joint Commission on Accreditation of Health Care Organizations shall be reduced by $3,000.00 in 2005; $2,750.00 in 2006; and $2,750.00 in calendar years 2007, 2008, 2009, and 2010.

Sec. 15.  18 V.S.A. § 5201(b) is amended to read:

(b)  The person in charge of the body shall not release for cremation the body of a person who died in Vermont until the person has received a certificate from the chief, regional or assistant medical examiner that the medical examiner has made personal inquiry into the cause and manner of death and is satisfied that no further examination or judicial inquiry concerning it is necessary.  The certificate shall be retained by the person in charge of the body for a period of three years.  For the certificate, the medical examiner is entitled to a fee of $10.00 $25.00 payable by the person requesting cremation.

Sec. 16.  23 V.S.A. § 1209a(f) is amended to read:

(f)  Fees.  The department of health's drinking driver rehabilitation program shall assess fees for the alcohol and driving education program and the alcohol assessment screening required by subdivision (a)(1)(A) of this section.  The fee for the alcohol and driving education program shall not exceed $180.00 $250.00.  The fee for the alcohol assessment screening shall not exceed $150.00 $200.00.  In the case of a more intensive or weekend residential program combining both the alcohol and driving education program and the alcohol assessment screening, the total charge shall not exceed $500.00 $625.00.  Charges collected under this section shall be credited to separate special funds for each type of service and shall be available to the department of health to offset the cost of operating the drinking driver rehabilitation program.

Sec. 17.  26 V.S.A. § 374 is amended to read:

§ 374.  FEES; LICENSES

Applicants and persons regulated under this chapter shall pay the following fees:

(1)  Application for licensure $500.00 $565.00, in fiscal year 2009 $600.00, and in fiscal year 2010 and thereafter $625.00; the board shall use at least $25.00 of this fee to support the costs of the creation and maintenance of a Vermont practitioner recovery network which will monitor recovering chemically dependent licensees for the protection of the public.

(2)  Biennial renewal $450.00 and in fiscal year 2009 and thereafter $500.00; the board shall use at least $25.00 of this fee to support the costs of the creation and maintenance of a Vermont practitioner recovery network which will monitor recovering chemically dependent licensees for the protection of the public.

Sec. 18.  26 V.S.A. § 1401a is amended to read:

§ 1401a.  FEES

(a)  The department of health shall collect the following fees:

(1)  Application for licensure $500.00 $565.00, in fiscal year 2009 $600.00, and in fiscal year 2010 and thereafter $625.00; the board shall use at least $25.00 of this fee to support the costs of the creation and maintenance of a Vermont practitioner recovery network which will monitor recovering chemically dependent licensees for the protection of the public.

(2)  Biennial renewal $450.00 and in fiscal year 2009 and thereafter $500.00; the board shall use at least $25.00 of this fee to support the costs of the creation of a Vermont practitioner recovery network which will monitor recovering chemically dependent licensees for the protection of the public.

(3)  Initial limited temporary license; annual renewal $50.00 $70.00.

(b)  The department of health may charge the following fees:

* * *

(4)  Verification of license, $20.00 $40.00 and in fiscal year 2010 and thereafter $50.00.

Sec. 19.  26 V.S.A. § 1662 is amended to read:

§ 1662.  FEES

Applicants and persons regulated under this chapter shall pay the following fees:

(1)(A)(i)  Original application for certification, $100.00 $115.00;

(ii)  Each additional application, $50.00;

(B)  The board shall use at least $10.00 of these fees to support the costs of the creation and maintenance of a Vermont practitioner recovery network which will monitor recovering chemically dependent licensees for the protection of the public.

(2)(A)(i)  Biennial renewal, $100.00 $115.00;

* * *

Sec. 20.  26 V.S.A. § 1740 is amended to read:

§ 1740.  FEES

Applicants and persons regulated under this chapter shall pay the following fees:

(1)  Original application for certification and registration $100.00 $115.00 with each additional application at $50.00; the board shall use at least $10.00 of this fee to support the costs of the creation and maintenance of a Vermont practitioner recovery network which will monitor recovering chemically dependent licensees for the protection of the public.

(2)  Biennial renewal $100.00 $115.00 with each additional renewal at $50.00; the board shall use at least $10.00 of this fee to support the costs of the creation and maintenance of a Vermont practitioner recovery network which will monitor recovering chemically dependent licensees for the protection of the public.

* * *

Sec. 21.  32 V.S.A. § 1715(a) is amended to read:

(a)  Upon payment of a $9.50 $10.00 fee, the commissioner of health or the commissioner of buildings and general services shall provide certified copies of vital records or shall ascertain and certify what the vital records available to the commissioners show, except that the commissioners shall not copy the word "illegitimate" from any birth certificate furnished.  The fee for the search of the vital records is $3.00 which is credited toward the fee for the first certified copy based upon the search.

* * * Department of Labor * * *

Sec. 22.  21 V.S.A. § 711(a) is amended to read:

(a)  A workers' compensation administration fund is created pursuant to subchapter 5 of chapter 7 of Title 32 to be expended by the commissioner for the administration of the workers' compensation and occupational disease programs.  The fund shall consist of contributions from employers made at the rate of 0.4 0.42 percent of the direct calendar year premium for workers' compensation insurance, one percent of self-insured workers' compensation losses, and one percent of workers' compensation losses of corporations approved under chapter 9 of this title.  Disbursements from the fund shall be on warrants drawn by the commissioner of finance and management in anticipation of receipts authorized by this section.

* * * Department of Banking, Insurance, Securities,

and Health Care Administration * * *

Sec. 23.  9 V.S.A. § 5302 is amended to read:

§ 5302.  NOTICE FILING

(a)  With respect to a federal covered security, as defined in 15 U.S.C. § 77r(b)(2), that is not otherwise exempt under sections 5201 through 5203 of this chapter, a rule adopted or an order issued under this chapter may require the filing of any or all of the following records:

(1)  before the initial offer of a federal covered security in this state, all records that are part of a federal registration statement filed with the Securities and Exchange Commission under 15 U.S.C. § 77a et seq. and a consent to service of process complying with section 5611 of this chapter signed by the issuer and the payment of a registration fee as set forth in subsection (d)(e) of this section;

* * *

(b)  A notice filing under subsection (a) of this section is effective for one year from the date the notice filing is accepted as complete by the office of the commissioner.  On or before expiration, the issuer may renew a notice filing by filing a copy of those records filed by the issuer with the Securities and Exchange Commission that are required by rule or order under this chapter to be filed and by paying an annual renewal fee as set forth in subsection (d)(e) of this section.  A previously filed consent to service of process complying with section 5611 of this chapter may be incorporated by reference in a renewal.  A renewed notice filing becomes effective upon the expiration of the filing being renewed.

(c)  With respect to a security that is a federal covered security under 15 U.S.C. § 77r(b)(4)(D), a rule under this chapter may require a notice filing by or on behalf of an issuer to include a copy of Form D, including the Appendix, as promulgated by the Securities and Exchange Commission, and a consent to service of process complying with section 5611 of this chapter signed by the issuer not later than 15 days after the first sale of the federal covered security in this state and the payment of a fee as set forth in subsection (d) (e) of this section.

(d)  With respect to any security that is a federal covered security under

15 U.S.C. § 77r(b)(3) or (4)(A)–(C), and that is not otherwise exempt under sections 5201 and 5203 of this chapter, a rule adopted or order issued under this chapter may require any or all of the following:

(1) The filing of all records, in a form and at times determined by the commissioner to be appropriate with respect to the federal covered securities, subject to the provisions of 15 U.S.C. § 77r and any rules adopted thereunder.

(2)  The filing of consent to service of process complying with section 5611 of this chapter.

(3)  The payment of fees as set forth in subsection (e) of this section, including fees for renewal of a notice filing.  The notice filing shall be effective for one year from the date the notice filing is accepted as complete by the commissioner.

(e)  At the time of the filing of the information prescribed in subsections (a), (b), or (c), or (d) of this section, the issuer shall pay to the commissioner a fee of $1.00 for each $1,000.00 of the aggregate amount of the offering of the securities to be sold in this state for which the issuer is seeking to perfect a notice filing under this section, but in no case shall such fee be less than $400.00 nor more than $1,250.00. If the notice filing is withdrawn or otherwise terminated, the commissioner shall retain the fee paid. Open-end investment companies subject to 15 U.S.C. § 80a-1 et seq. shall pay an initial notice filing fee and annual renewal fee for each portfolio or class of investment company securities for which a notice filing is submitted.

(e)(f)  Nothing in this section shall be construed to require the notice filing or payment of notice filing fees with respect to variable annuities or variable life insurance products.

(f)(g)  Except with respect to a federal security under 15 U.S.C. § 77r(b)(1), if the commissioner finds that there is a failure to comply with a notice or fee requirement of this section, the commissioner may issue a stop order suspending the offer and sale of a federal covered security in this state. If the deficiency is corrected, the stop order is void as of the time of its issuance and no penalty may be imposed by the commissioner.

Sec. 24.  9 V.S.A. § 5305(k) is added to read:

(k)  At the time of filing a request for exemption from registration, the applicant shall pay a fee of $200.00.

Sec. 25.  9 V.S.A. § 5614 is added to read:

§ 5614.  RECOVERY OF EXPENSES

(a)  Whenever it is necessary for the commissioner to incur any expense in connection with any application, notification, registration, license, investigation, or administrative proceeding, the commissioner may require that any person who is the subject of such application, notification, registration, license, investigation, or administrative proceeding pay the reasonable costs incurred by the department.

(b)  The commissioner may impose a reasonable fee for the expense of conducting an examination, audit, or inspection under this chapter, including reimbursement to the commissioner for actual travel and lodging expenses of the commissioner or employee in connection with the examination, audit, or inspection.

(c)  The provisions of this section are in addition to and not in limitation of any other provision of this chapter regarding fees and recovery of expenses.

* * * Department of Fish and Wildlife * * *

Sec. 26.  10 V.S.A. § 4047(d) is amended to read:

(d)  Receipts from tuition charged for attendance at Green Mountain Conservation Camps shall be deposited in the fish and wildlife fund.  The tuition shall be $175.00 $200.00.

Sec. 27.  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                                                   $  16.00  20.00

(3)  Combination hunting and fishing license           $  29.00  32.00

* * *

(k)  The commissioner may issue multi-year hunting, fishing, trapping, or combination hunting and fishing licenses of up to five years’ duration.  The cost of these licenses shall be the sum of the license fee established by this section for the first year, plus the cost of each additional year minus the filing fee established by 10 V.S.A. § 4254(e)(9) for each year.


Sec. 28.  10 V.S.A. § 4277(d) is amended to read:

(d)  Waterfowl stamp fees.  Stamps shall be sold at the direction of the commissioner for a fee of $5.00 $7.50.  The issuing agent may retain a fee of $1.00 for each stamp and shall remit $4.00 $6.50 of each fee to the department of fish and wildlife.  The commissioner shall establish a uniform sale price for all categories of by-products byproducts.

Sec. 29.  10 V.S.A. § 4711 is amended to read:

§ 4711.  Crossbow hunting; permit

A person who is impaired to the degree that he or she cannot operate a standard bow may obtain a permit to take game with a crossbow.  The permit fees shall be $25.00 for a permanent permit and $5.00 for a temporary permit.  A person who has lost a crossbow permit may request a new permit from the agent of original issue.  The fee shall be $5.00.  All fees shall be deposited in the fish and wildlife fund.  A person applying for this permit must personally appear before the commissioner of fish and wildlife, or his or her designee, with certification from a licensed physician that he or she is so disabled.  The commissioner may obtain a second medical opinion to verify the disability.  Upon satisfactory proof of the disability, the commissioner may issue a permit under this section.  The permit shall set forth whether it was issued because of an inability to use a standard bow, and be attached to the license.  The holder of the permit shall carry it at all times while hunting, and produce it on demand for inspection by any game warden or other law enforcement officer authorized to make arrests.  Unless it is uncocked, a person shall not possess or transport a crossbow in or on a motor vehicle, motorboat, airplane, snowmobile, or other motor-propelled craft or any vehicle drawn by a motor-propelled vehicle except as permitted under subsection 4705(e) of this title.

* * * Department of Environmental Conservation * * *

Sec. 30.  3 V.S.A. § 2822(j) and (k) are amended to read:

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

* * *

(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, except for permit applications under subdivisions (j)(2)(A)(iii)(III) and (IV) of this section subsection:

(A)  Application review fee

* * *

(iii)  Stormwater discharges.

* * *

(III)  Individual permit or appli-                      $300.00 per

               cation to operate under                project for

               general permit for                                           construction

               construction activities;                   projects five

               original application;                                        acres or greater

               amendment for increased                                in size; $30.00

               acreage.                                                        per project for construction projects between one and five acres in size.

(aa)  Projects with low risk                        $30.00 per project;

to waters of the state.                                                              original application.

(bb)  Projects with                                     $250.00 per project;

moderate risk to waters of the state.                                        original application.

(cc)  Projects that                                     $500.00 per project;

require an individual permit.                                   original application.

* * *

(4)  For potable water supply and wastewater permits issued under 10 V.S.A. chapter 64:

(A)  Subdivision of land

 (i)  Original application; major            $0.50 per gallon

amendments.                                                                 per lot of daily design flow of potable water or wastewater,

                                                              whichever is greater.

                                                              Minimum per lot $210.00.

(I)  Municipal or private                 $0.25 per gallon per lot of

sewer system and public water supply.            design flow of potable

water or wastewater, whichever is greater.  Minimum per lot $105.00.

(II)  All other projects.            $0.50 per gallon per lot of design flow of potable water or wastewater, whichever is greater.  Minimum per lot $210.00.

(ii)  Minor amendments.           $50.00

(B)  Potable water supply or wastewater system

(i)  Original application or          $0.50 per gallon of

major amendment when both                            design flow of

potable water and wastewater                           potable water or

are being constructed. New or                          wastewater, which

replacement systems.                                        is greater. Minimum per

                                                   application $210.00.

                  Maximum per

                  application $15,000.00.

(I)  Municipal or private            $0.25 per gallon

sewer system and public water supply.   per lot of design flow of

potable water or wastewater, whichever is greater.  Minimum per lot $105.00.  Maximum per application $15,000.00.

(II)  All other projects. $0.50 per gallon of design flow of potable water or wastewater, whichever is greater.  Minimum per application $210.00.  Maximum per application $15,000.00.

(ii)  Original application or            $0.30 per gallon of

 major amendment when either potable           design flow. Mini-

water daily or wastewater, but not both,         mum per application

is being constructed.                                       $210.00.

New or replacement systems.                         Maximum per application $15,000.00

(I)  Municipal or private          $0.15 per gallon per lot

sewer system and public water supply. of design flow.

                                         Minimum per lot $105.00. 

Maximum per application $15,000.00.

(II)  All other projects. $0.30 per gallon of design flow.

Minimum per application

$210.00.  Maximum per application $15,000.00.

(iii)  Original application or          $0.50 per gallon

major amendment when design                       of increased daily

flow of potable water or                                 design flow of

wastewater is increased but no                       potable water or

construction is required.                                  wastewater, which

                                                               is greater.  Minimum per

                                              application $135.00. Maximum per

                                              application $15,000.00.

(I)  Municipal or private          $0.25 per gallon of

sewer system and public water supply.            increased design flow of potable water or wastewater, whichever is greater.  Minimum per lot $67.50.  Maximum per application $15,000.00.

(II)  All other projects. $0.50 per gallon of increased design flow of potable water or wastewater, whichever is greater.  Minimum per application $135.00.  Maximum per application $15,000.00.

* * *

(7)  For public water supply and bottled water permits and approvals issued under 10 V.S.A. chapter 56 and interim groundwater withdrawal permits and approvals issued under 10 V.S.A. chapter 48:

* * *

(F)  For permit applications for interim groundwater withdrawal permits:  $960.00 per facility.  Amendments $110.00 per application.

(G)  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.

(G)(H)  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 I IA and IB                     $40.00 per initial certificate or renewal.

                                                Fee is waived for operators who are permittees under the transient noncommunity water system general permit.

            All Other Classes                      $70.00 per initial certificate or renewal.

(9)(A)  For solid waste hauler permits issued under 10 V.S.A. § 6607a $25.00 $35.00 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 the filing of the annual statement required by 10 V.S.A. § 6605f(m).

(B)  For hazardous waste hauler permits issued under 10 V.S.A. § 6607a: $100.00 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 the filing of the annual statement required by 10 V.S.A. § 6605f(m).

* * *

(16)  For underground storage tank permits issued under 10 V.S.A.

chapter 59:                                                     $35.00 $100.00 per tank per year.

* * *

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

(A)  small quantity generators           $40.00 $100.00 per year.

(B)  large quantity generators           $300.00 $500.00 per year.

* * *

(k)  Commencing with registration year 1993 and for each year thereafter, any person required to pay a fee to register an air contaminant source under 10 V.S.A. § 555(c) in addition shall pay fees for any emissions of the following types of hazardous air contaminants.  The following fees shall not be assessed for emissions resulting from the combustion of any fuels, except solid waste, in fuel burning or manufacturing process equipment.

(1)  Contaminants which cause short-term irritant effects--$0.008 per pound of emissions;

(2)  Contaminants which cause chronic systemic toxicity (low potency) -$0.084 $0.015 per pound of emissions;

(3)  Contaminants which cause chronic systemic toxicity (high potency) -$0.02 per pound of emissions;

(4)  Contaminants known or suspected to cause cancer (low potency) -$0.84 $0.55 per pound of emissions;

(4)(5)  Contaminants known or suspected to cause cancer (high

potency) - $8.40 $10.00 per pound of emissions.

Sec. 30a.  3 V.S.A. § 2822(i), (j) and (k) are amended to read:

(i)  The secretary shall not process an application for which the applicable fee has not been paid unless the secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to section 710 of Title 32. In addition, the persons who are exempt under section 710 of Title 32 are also exempt from the application fees for stormwater operating permits specified in subdivisions (j)(2)(A)(iii)(I) and (II) of this section if they otherwise meet the requirements of section 710. Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (2), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services.  Applicants operating under SIC codes 2411, 2421, 2426 and 2429 shall be exempt from administrative processing fees pursuant to 3 V.S.A. § 2822(j)(2) and application review fees pursuant to 3 V.S.A. § 2822(j)(2)(A)(iii)(IV).


Sec. 30b.  IMPLEMENTATION AND REVERSION

(a)  Sec. 30a (exclusion from general permit fees) shall take effect upon passage and shall be effective retroactively back to August 1, 2006.  The department of environmental conservation shall refund any fees collected from applicants operating under SIC codes 2411, 2421, 2426 and 2429 pursuant to 3 V.S.A. § 2822(j)(2)(A)(iii)(IV) between August 1, 2006 and the effective date of this section.

(b)  Sec. 30a (exclusion from general permit fees) shall expire on July 1, 2008 and, on that date, the content of 3 V.S.A. § 2822(i) shall revert to the content that existed before the amendment contained in this act.

Sec. 31.  10 V.S.A. § 1943(a) is amended to read:

(a)  Each owner of a category one tank used for storage of petroleum products shall remit to the secretary on October 1 of each year beginning October 1, 1988, $200.00 $100.00 per tank, which shall be deposited to the petroleum cleanup fund established by section 1941 of this title, except that:

(1)  The fee shall be $100.00 $50.00 per tank for retail gasoline outlets that sell less than 40,000 gallons of motor fuel per month.

* * *

(4)  The fee for retail motor fuel outlets selling 20,000 gallons or less per month shall not exceed $200.00 $100.00 per year for all tanks at a single location.

(5)  The fee shall be $100.00 $50.00 per tank for any municipality that uses less than an annual average of 40,000 gallons of motor fuel per month, provided that all of the tanks of that municipality meet the requirements of this chapter.

Sec. 32.  10 V.S.A. § 6615a(g)(1) is amended to read:

(1)  If the secretary determines that a person is eligible under subsection (f) of this section, the eligible person or successor shall submit a site investigation work plan to the secretary and a fee of $5,000.00 to be applied toward the direct and indirect costs of the secretary's review and oversight of the performance of the site investigation and any corrective action plan.  Eligible persons or successors who submit an application and are determined eligible under subsection (f) of this section prior to their acquisition of the property are not required to submit the $5,000.00 fee required by this subdivision.  The work plan shall identify the person or persons to conduct the site investigation, who shall carry appropriate insurance, post a bond in an amount specified by the secretary, meet other qualifications as determined by the secretary, or any combination of the above, as determined by the secretary. The work plan shall describe a site investigation which fulfills the following objectives:

* * *


Sec. 33.  REPEAL

Sec. 60(d) of No. 143 of the Acts of 2002 (sunset of motorboat license fee and surcharge) is repealed.

Sec. 34.  EFFECTIVE DATES

(a)  This act shall take effect on July 1, 2007, except this section and Secs. 1, 9, 23, 24, and 25 which shall take effect on passage.

(b)  Secs. 27, 28, and 29 shall take effect on January 1, 2008.

(c)  Secs. 12 and 13 shall take effect on July 1, 2008.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us