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House Calendar

FRIDAY, MARCH 23, 2007

80th DAY OF BIENNIAL SESSION

House Convenes at 9:30 A M

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

Unfinished Business of March 22, 2007

H. 400  Health Insurance Benefits by Group C Members VSRS..................... 443

               Rep. Atkins for Government Operations

               Rep. Morley for Appropriations....................................................... 443

H. 402  Recapture Health Insurance Benefits  Group F Members VSRS......... 443

               Rep. Atkins for Government Operations

               Rep. Morley for Appropriations....................................................... 443

For Action Under Rule 52

H.R.  14  Requesting Congress Assure Veterans Health Care......................... 443

     Action Postponed Until Friday, March 23, 2007

Favorable with Amendment

H. 380  Regulation of Health Care Facilities.................................................... 443                                Rep. Keogh for Health Care

               Rep. Donahue Amendment.............................................................. 446

H. 521    Miscellaneous Substantive Tax Amendments.................................... 446

               Rep. Smith for Ways and Means

NEW BUSINESS

Third Reading

H. 149  Liquor Identification and Tobacco Licenses....................................... 446

H. 353  Employee Free Choice for Bargaining Representative......................... 446

               Rep. Sunderland Amendment

H. 361  Pay Scale, Death Benefit & Tuition for Members of Nat’l Guard........ 448

H. 522    Viability of Vermont Agriculture....................................................... 448

H. 525  VT Fire Service Training Council Fire Safety..................................... 448

H. 527  Relating to the State’s Transportation Program................................... 448

 

Favorable with Amendment

H.  99   Legislative Study Committee Public Libraries..................................... 448                                Rep. Moran for General, Housing and Military Affairs

               Rep. Hutchinson  for Appropriations................................................ 450

H. 296  Potable Water Supply and Wastewater System Permitting................. 450

               Rep. Johnson for Fish, Wildlife and Water Resources

               Rep. Morley for Appropriations....................................................... 457

H. 433  Workforce Development Programs and Internships............................ 457

               Rep. Kupersmith for Commerce

               Rep. Bostic for Appropriations       

H. 449  Foster Care Services and Support..................................................... 460

               Rep. French for Human Services

               Rep. Miller for Appropriations......................................................... 464

Favorable

H. 429  Underground and Aboveground Storage Tanks................................. 465

               Rep. Krawczyk for Natural Resources and Energy

               Rep. Morley for Appropriations....................................................... 465

NOTICE CALENDAR

Committee Bills for Second Reading

H. 530  Relating to Motor Vehicle Safety....................................................... 465

               Rep. Grad for Judiciary

H. 531  Ensuring Success in Health Care Reform............................................ 465

               Rep. Maier for Health Care

Favorable with Amendment

H. 248  VT Broadband and Wireless Communications................................... 465

               Rep. Shand for Commerce

               Rep. Lavoie for Natural Resources and Energy................................ 495

CONSENT CALENDAR

(See Addendum to House and Senate Calendar)

H.C.R.  74  Congratulating Mt Anthony UHS Girls Basketball Team.............. 499

H.C.R.  75  Congratulating Mt Anthony UHS Nordic Ski Teams................... 500

H.C.R.  76  Honoring Federal TRIO Programs in VT.................................... 500

H.C.R.  77  Honoring Dept. Sec. ANR Canute E. Dalmasse.......................... 500

H.C.R.  78  In Memory of George H. Duke of Dummerston.......................... 500

H.C.R.  79  2007 Winners of Prudential Spirit of Community Award.............. 500

H.C.R.  80  In Memory of Fletcher Baird Joslin............................................. 500

H.C.R.  81  In Memory of Armand Compagna of Bristol............................... 500

S.C.R.  12  Congratulating Rutland H S Champion Football Team ................. 500

S.C.R.  13  Congratulating Essex HS Champion Boys Hockey Team............. 500

 

ORDERS OF THE DAY

ACTION CALENDAR

Unfinished Business of Thursday, March 22, 2007

Favorable

H. 400

     An act relating to recapture of health insurance benefits by Group C members of the Vermont State retirement System.

Rep. Atkins of Winooski, for the Committee on Government Operations, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

Rep. Morley of Barton, for the Committee on Appropriations, recommends the bill ought to pass.

( Committee Vote: 10-0-1)

H. 402

     An act relating to recapture of health insurance benefits by Group F members of the Vermont State Retirement System.

Rep. Atkins of Winooski, for the Committee on Government Operations, recommends the bill ought to pass.

( Committee Vote: 11-0-0)

Rep. Morley of Barton, for the Committee on Appropriations, recommends the bill ought to pass.

( Committee Vote: 10-0-1)

For Action Under Rule 52

     H. R. 14

     House resolution requesting Congress enact assured federal funding for Veterans’ Health Care

Action Postponed Until Friday, March 23, 2007

H. 380

     An act relating to the regulation of health care facilities.

Pending Action: Second reading of the bill.

     Rep. Keogh of Burlington, for the Committee on Health Care, recommends the bill be amended as follows:

First:  In Sec. 8, subsection 9440(c), by striking subdivision (2) in its entirety and inserting in lieu thereof the following:

(2)  Prior to filing an application for a certificate of need, an applicant shall file a an adequate letter of intent with the commissioner no less than 30 days or, in the case of review cycle applications under section 9439 of this title, no less than 45 days prior to the date on which the application is to be filed.  The letter of intent shall form the basis for determining the applicability of this subchapter to the proposed expenditure or action.  A letter of intent shall become invalid if an application is not filed within six months of the date that the letter of intent is received or, in the case of review cycle applications under section 9439 of this title, within such time limits as the commissioner shall establish by rule.  Public Except for requests for expedited review under subdivision (5) of this subsection, public notice of such letters of intent shall be provided in newspapers having general circulation in the region of the state affected by the letter of intent.  The notice shall identify the applicant, the proposed new health care project, and the date by which a competing application or petition to intervene must be filed.  In addition, a copy of the public notice shall be sent to the clerk of the municipality in which the health care facility is located.  Upon receipt, the clerk shall post the notice in or near the clerk’s office and in at least two other public places in the municipality.

Second:  In Sec. 8, subdivision 9440(c)(4) of Title 18, after the words “the consent of the applicant” by striking the words “provided that any period of” and inserting in lieu thereof  “.  The

Third:  In Sec. 8, subsection 9440(c), by striking subdivision (5) in its entirety and inserting in lieu thereof the following:

(5)  An applicant seeking expedited review of a certificate of need application may simultaneously file a letter of intent and an application with the commissioner.  Upon making a determination that the proposed project may be uncontested and does not substantially alter services, as defined by rule, the commissioner shall issue public notice of the application and the request for expedited review and identify a date by which a competing application or petition for interested party status must be filed.  If a competing application is not filed and no person opposing the application is granted interested party status, the commissioner may formally declare the application uncontested and may issue a certificate of need without further process, or with such abbreviated process as the commissioner deems appropriate.  If a competing application is filed or a person opposing the application is granted interested party status, the applicant shall follow the certificate of need standards and procedures in this section.

Fourth: By striking Sec. 10 in its entirety and inserting in lieu thereof the following:

Sec. 10.  MOBILE HEALTH FACILITIES

The general assembly finds that there have been concerns raised about the practices of private mobile health facilities that enter the state of Vermont for the purpose of providing one-day diagnostic screenings to Vermont residents for a specified fee.  The general assembly requests that the commissioner of health, in consultation with the office of the attorney general, review whether the practices of such mobile health facilities serve the best interests of Vermonters and report his or her findings to the general assembly not later than November 30, 2007.

Fifth:  By adding a new Sec. 12 as follows:

Sec. 12.  HEALTH INFORMATION TECHNOLOGY PLANNING

(a)  Notwithstanding the procedures in subchapter 5 of chapter 221 of Title 18, an applicant seeking expedited review of a certificate of need application for a health information technology project may simultaneously file a letter of intent and an application with the commissioner of banking, insurance, securities, and health care administration without providing the public notice required under subdivision 9440(c)(2) of Title 18.  The commissioner shall issue public notice of the application and the request for expedited review and identify a date by which a competing application or petition for interested party status must be filed.  If a competing application is not filed and no person opposing the application is granted interested party status, the commissioner may formally declare the application uncontested and may issue a certificate of need without further process, or with such abbreviated process as the commissioner deems appropriate, upon a finding that application is consistent with:

(1)  the preliminary health information technology plan issued by the Vermont information technology leaders on January 1, 2007, pursuant to subsection 9417(g) of Title 18, or with the final health information technology plan, if it has been issued at the time the certificate of need is filed; and

(2)  the health resource allocation plan. 

(b)  In making a determination, the commissioner may rely upon the written opinions of persons with expertise in health information technology.  If a competing application is filed or a person opposing the application is granted interested party status, the applicant shall follow the certificate of need standards and procedures in section 9440 of Title 18.

(c)  This section shall be repealed upon approval of the health information technology plan by the general assembly and upon adoption of rules under section 9440b of Title 18.

(Committee vote: 11-0-0)

     Amendment to be offered by Rep. Donahue of Northfield to H. 380

Moves to amend the bill by striking Sec. 1 in its entirety and inserting in lieu thereof the following:

Sec. 1.  18 V.S.A. § 1854(a) is amended to read:

(a)  A hospital shall make public the maximum patient census and the number of registered nurses, licensed practical nurses, and licensed nursing assistants providing direct patient care in each unit during each shift.  The number of nurses shall be reported in full-time equivalents, with either every eight hours or 12 hours worked by a registered nurse, licensed practical nurse, or licensed nursing assistant during the shift as one full-time equivalent.  Each unit's information shall be posted in a prominent place that is readily accessible to patients and visitors in that unit at least once each day.  The posting shall include the information for the preceding seven days.  The number of nurses shall be reported in a manner consistent with the requirements for public reporting for measures of nurse staffing selected by the commissioner of banking, insurance, securities, and health care administration under subdivision 9405b(a)(12) of this title, but shall not in any way change the format or content of the posting requirements of this subsection.

Committee Bill for Second Reading

H. 521

     An act relating to miscellaneous substantive tax amendments.

     (Rep. Smith of Morristown will speak for the Committee on Ways and Means.

NEW BUSINESS

Third Readings

H. 149

     An act relating to liquor identification and tobacco licenses.

H. 353

     An act relating to employee free choice for bargaining representative.

Amendment to be offered by Rep. Sunderland to H. 353

     Moves to amend the bill by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1   STUDY OF REGULATION OF ELECTIONS UNDER THE STATE EMPLOYEES LABOR RELATIONS ACT

(a) A committee, none of whose members shall be current or former members of the general assembly, is established to review the conduct and regulation of elections held for purposes of certifying a representational bargaining unit pursuant to the state employees labor relations act (the act). The committee, taking into consideration the experiences of representational bargaining unit certification elections held in other states and the private sector, and the interests and experiences of employees who are subject to the act, but not currently members of nor represented by a bargaining unit, shall examine the following issues:

(1) Are elections conducted fairly and in a manner that assures the privacy of individual employees’ voting decisions?

 (2) Are employees provided adequate information, both in favor and in opposition to the certification question, in order that they can cast their ballots informatively?  

(b) The committee shall consist of  two members appointed by the speaker of the house one of whom shall be a public sector employer and the second a public sector employee; two members to be appointed by the senate committee on committees one of whom shall be a public sector employer and the second a public sector employee; two members to be appointed by the governor one of whom shall be a public sector employer and the second a public sector employee; and one who shall be appointed jointly by the speaker of the house of representatives, the senate committee on committees, and the governor and who shall have a neutral background as defined in subdivision 921(a)(1)(B) of Title 3 and who shall serve as chair of the committee.

(c) The committee shall be authorized to meet six times during the 2007 legislative interim, and any member of the committee who is not an employee of the state of Vermont shall be entitled to per diem expenses in accordance with section 1010 of Title 32.

(d) The legislative council shall provide professional and clerical staff support to the committee.

(e) On or before January 15, 2008, the committee shall submit a report of its findings and recommendations to the house committee on general, housing, and military affairs, and the senate committee on economic development, housing, and general affairs.

 

 

H. 361

     An act relating to pay scale, death benefit, and tuition benefits for members of the national guard.

H. 522

     An act relating to the viability of Vermont agriculture.

H. 525

An act relating to the Vermont Fire Service Training Council and the Division of Fire Safety.

H. 527

     An act relating to the state’s transportation program.

Favorable with Amendment

H. 99

     An act relating to a legislative interim study committee on public libraries.

Rep. Moran of Wardsboro, for the Committee on General, Housing and Military Affairs, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  LEGISLATIVE COMMITTEE ON PUBLIC LIBRARIES; STUDY

             AND REPORT

(a)  There is created a legislative interim study committee to study the impact of Vermont’s public libraries on their communities and the impact that the communities have on their libraries.

(b)  The committee shall consist of three members of the senate appointed by the committee on committees and three members of the house appointed by the speaker of the house, the state librarian or designee, and four members selected by the Vermont library association.  The committee shall elect a chair from among its members.

(c)  The committee shall document the full range of services provided by public libraries and the impact that these services have on their patrons and communities; and consider at what level financial support is needed for public libraries so that they can meet the increased demands of Vermont’s citizens.

(d)   The committee may meet up to eight times.

(e)  Administrative and professional support shall be provided by the legislative council and the department of libraries.

(f)  The committee shall submit to the general assembly a report that details its analysis, findings, and recommendations, including recommended appropriations, by January 15, 2008.

(g)  Citizen and library association members shall be entitled to compensation and reimbursement for travel expenses at state reimbursement rates, unless otherwise compensated for these expenses.

(h)  Legislative members shall be entitled to compensation and reimbursement for travel expenses as provided in section 406 of Title 2.

Sec. 2.  PUBLIC LIBRARY SPECIAL FUND; CREATION

(a)  The public library special fund is created in the Vermont department of libraries for the purpose of funding a statewide grant program for public libraries to maintain the current level of public library services provided to Vermonters, respond to the increasing need and demand for new services; and meet at least minimum standards of quality.

(b)  The fund shall be consist of donations, gifts, any funds appropriated by the general assembly, or received from any other source, private or public.  All balances in the fund at the end of any fiscal year shall be carried forward and remain a part of the fund.  Interest earned by the fund shall remain in the fund.

(c)  Grants shall be authorized by the department, pursuant to rules adopted by the department.  The rules shall require at a minimum that:

(1)  A library meets minimum standards of quality to be eligible for a grant.

(2)   The grant shall be for no more than ten percent of the library’s operating budget, utilizing a formula based on total local income.

(3)  The grant shall not be used by the library or the municipality in which the library is located to replace or reduce local funding provided for library operations.

Sec. 3.  APPROPRIATIONS

There is appropriated from the general fund in fiscal year 2008 the following

(1)  $7,500.00 to the Vermont legislative council to carry out the provisions of Sec. 1 of this act.

(2)  $10,000.00 to the Vermont department of libraries to fund the Public library special fund created in Sec. 2 of this act.

(Committee vote: 7-0-0)

Rep. Hutchinson of Randolph, for the Committee on Appropriations, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  LEGISLATIVE STAFF STUDY OF LIBRARIES IN OTHER STATES 

(a)       The Joint Fiscal Office and the Legislative Council, with the cooperation of the State department of libraries, shall identify other states that are comparable to Vermont in terms of population or population density. The study shall examine the number of libraries per capita, funding mechanisms, governance structures, and the services provided from the state library.

(b)      A report detailing the results of the study shall be submitted to the general assembly by January 15, 2008.

(Committee vote: 10-0-1)

H. 296

     An act relating to potable water supply and wastewater system permitting.

Rep. Johnson of Canaan, for the Committee on Fish, Wildlife and Water resources, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  FINDINGS

The general assembly finds that:

(1)  The agency of natural resources’ assumption on July 1, 2007 of statewide jurisdiction over the permitting program for on‑site wastewater and potable water supply systems and implementation of the rules adopted under that program are intended to protect human health and the environment, prevent the creation of health hazards or unsanitary conditions, and ensure the availability of an adequate supply of potable water.

(2)  The cost of compliance with the state on‑site wastewater systems and potable water supply rules when replacement of a failed wastewater or potable water supply system is required can be expensive and, consequently, difficult for many homeowners in Vermont to afford.

(3)  To avoid burdening homeowners or jeopardizing a homeowner’s ability to remain in his or her home, the general assembly expects the agency of commerce and community development to commit at least an additional $1 million to the regional revolving loan fund to be available for community development block grants that can be used by income‑eligible Vermont homeowners for the replacement of failed wastewater or potable water supply systems.

(4)  The agency of administration and the agency of commerce and community development should encourage other funding providers, such as the Vermont housing and conservation board and the Vermont housing finance agency, to develop programs or contribute funds to help homeowners in Vermont afford the cost of replacing failed wastewater or potable water supply systems.

Sec. 2.  10 V.S.A. § 1972(4), (5), and (6) are amended to read:

§ 1972.  DEFINITIONS

For the purposes of this chapter:

* * *

(4)(A)  “Failed supply” means a potable water supply:

(i)  that is contaminated so that it is rendered not potable has been found to exceed the standard set by the secretary in rule for one or more of the following contaminants:

(I)  total coliform;

(II)  nitrates;

(III)  nitrites;

(IV)  arsenic; or

(V)  uranium; or

(ii)  that is providing an insufficient quantity of water to maintain the permitted use of the building or structure or, if unpermitted, to maintain the usual and customary uses of the building or structure; or

(iii)  where the source, treatment, or conveyance equipment used to provide potable water is broken or inadequate the secretary affirmatively determines as not potable, due to the presence of a contaminated site, a leaking underground storage tank, or other known sources of groundwater contamination or naturally occurring contaminants, and that information has been posted on the agency of natural resources’ website; or

(iii)  the secretary affirmatively determines to be failed due to the supply providing an insufficient quantity of water to maintain the usual and customary uses of a building or structure or campground, and that information has been posted on the agency of natural resources’ website.

(B)  Notwithstanding the provisions of this subdivision, a potable water supply shall not be a failed supply if:

(i)  these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a building or structure to a well, the replacement of a broken pump, repair or replacement of a mechanical component, or deepening or hydrofracturing a well; or

(ii)  these effects have lasted for only a brief period of time, the cause of the failure has been determined to be an unusual and nonrecurring event, and the supply has recovered from the state of failure.  Supplies which have recurring, continuing, or seasonal failures shall be considered to be failed supplies.

(C)  If a project is served by multiple potable water supplies, the failure of one supply will not require the issuance of a permit or permit amendment for any other supply that is not in a state of failure.

(5)(A)  “Failed system” means a wastewater system that is functioning in a manner:

(i)  that allows wastewater to be exposed to the open air, pool on the surface of the ground, discharge directly to surface water, or back up into a building or structure, unless, in any of these instances, the approved design of the system specifically requires the system to function in such a manner; or

(ii)  that results in a potable water supply being contaminated and rendered not potable or

(iii)  that presents a threat to human health; or affirmatively determined by the secretary to be a failed supply, and that information has been posted on the agency of natural resources’ website.

(B)  Notwithstanding the provisions of subdivision (A) of this subdivision (5), a system shall not be a failed system if:

(i)  these effects can be and are remedied solely by minor repairs, including the repair of a broken pipe leading from a building or structure to the septic tank, replacement of a cracked or broken septic tank, or replacement of a broken pump or associated valves, switches and controls; or

(ii)  these effects have lasted for only a brief period of time, the cause of the failure has been determined to be an unusual and nonrecurring event, and the system has recovered from the state of failure.  Systems which have recurring, continuing, or seasonal failures shall be considered to be failed systems.

(C)  If a project is served by multiple wastewater systems, the failure of one system will not require the issuance of a permit or permit amendment for any other system that is not in a state of failure.

(D)  A wastewater system may be determined to be a failed system by the completion of a site visit that identifies one or more of the conditions set forth in subdivision (A)(i) of this subdivision.

* * *

Sec. 3.  10 V.S.A. § 1973(e) is amended to read:

(e)  No permit issued by the secretary shall be valid for a substantially completed potable water supply and wastewater system until the secretary receives a statement from an installer or a licensed designer certifying that, in the exercise of his or her reasonable professional judgment, the installation‑related information submitted is true and correct and the potable water supply and wastewater system:

(1)  were installed in accordance with:

(A)  the permitted design and all permit conditions,; or

(B)  record drawings and such record drawings are in compliance with the applicable rules, were filed with the secretary, and are in accordance with all other permit conditions;

(2)  were inspected,;

(3)  were properly tested,; and

(4)  have successfully met those performance tests.

Sec. 4.  10 V.S.A. § 1974 is amended to read:

§ 1974.  SINGLE FAMILY RESIDENCES ON THEIR OWN INDIVIDUAL
 
 LOTS EXEMPTIONS

(a)  the provisions of this section shall apply to a single family residence on its own individual lot.

(b)(1)  A subdivided lot containing only one single family residence which required a subdivision permit but did not have one, or which had a subdivision permit but was not in compliance with its permit, is exempt from the permitting requirements of this chapter, provided that the lot was in existence as of January 1, 1999, and that the residence and its associated potable water supply and wastewater system were substantially completed as of January 1, 1999.  This exemption shall terminate if any actions listed in section 1973 of this title occur after January 1, 1999.

(2)  If a subdivision permit had been issued for the lot prior to January 1, 1999, the conditions of that permit concerning actions required to be taken after January 1, 1999, shall remain in effect, including conditions concerning operation and maintenance and transfer of ownership.

(3)  If a residence is exempt under this subsection, the exemption contained in subsection (c) of this section shall not apply.

(c)  A substantially completed single‑family residence on its own individual lot, and its substantially completed associated potable water supply and wastewater system, is exempt from the permitting requirements of this chapter, provided that the lot on which the residence is located was in existence as of the effective date of this act and was exempt from the subdivision permitting requirements that existed on that date.  This exemption shall remain in effect unless and until:

(1)  the lot is subdivided and the resulting lots are not exempt under the applicable rules in existing at the time of subdivision, or

(2)  any other action for which a permit is required under this chapter occurs after July 1, 2007.

(d)  A permit shall not be required for the addition of one or more bedrooms of a single‑family residence on its own lot when:

(1)  the addition of bedrooms is accomplished solely through the modification of the existing residence; and

(2)  the exterior of the residence is not expanded horizontally. ;

(e)  A  permit is not required for the addition of one or more bedrooms or any other attached exterior horizontal expansion to a single‑family residence on its own lot that was exempt from the subdivision permitting requirements that existed on June 13, 2002, provided that:

(1)  a fully complying replacement area has been identified by a licensed designer and a diagram identifying the location of that area is certified by the designer and filed in the land records; and

(2)  no other action for which a permit is required under this chapter occurs after July 1, 2007.

(f)  Notwithstanding the language of subsections (d) and (e) of this section, if the residence has been issued a permit under chapter, the residence shall continue to comply with that permit, until the permit is amended. Notwithstanding any other requirements of this chapter, the following projects and actions are exempt:

(1)(A)  All buildings or structures, campgrounds, and their associated potable water supplies and waste water systems that were substantially completed before January 1, 2007 and all improved and unimproved lots that were in existence before January 1, 2007.  This exemption shall remain in effect provided:

(i)  No action for which a permit is required under this chapter or the rules adopted under this chapter is taken or caused to be taken on or after January 1, 2007, unless such action is exempt under one of the other permitting exemptions listed in this section or in the rules adopted under this chapter; and

(ii)  If a permit has been issued under this chapter or the rules adopted under this chapter before January 1, 2007 that contained conditions that required actions to be taken on or after January 1, 2007, including, but not limited to, conditions concerning operation and maintenance and transfer of ownership, the permittee continues to comply with those permit conditions.

(B)  If a permit or permit amendment is required because the potable water supply or wastewater system has failed, the secretary may issue a permit that allows for a variance in accordance with the standards contained in section 1973 of this chapter, the rules adopted under this chapter, and the rules adopted under chapter 56 of this title.

(C)  An owner of a single family residence that qualified on January 1, 2007 for the exemption set forth in subdivision (1)(A) of this section shall not be subject to administrative or civil penalties under chapters 201 and 211 of this title for a violation of this chapter or rules adopted under this chapter when the owner believes the supply or system meets the definition of a failed supply or failed system provided that the owner:

(i)  Conducts or contracts for an inspection of the supply or system;

(ii)  Notifies the secretary of natural resources of the results of the inspection; and

(iii)  Has not taken or caused to be taken any other action after January 1, 2007 for which a permit would be required under this chapter or the rules adopted under this chapter.

(g)(2)  Primitive camps with no interior plumbing consisting of more than a sink with water, that are used no more than three consecutive weeks per year and no more than a total of 60 days per year, shall be exempt.  This exemption does not apply to seasonal camps.

Sec. 5.  10 V.S.A. § 1975(f) is amended to read:

(f)  If the secretary determines that a design or installation certification submitted under this chapter certified information that is untrue or incorrect, or does not reflect the exercise of reasonable professional judgment and, as a result, a potable water supply or wastewater system that has been built is in noncompliance with the rules adopted under this chapter, the person who signed the statement may be subject to penalties and required to take all actions necessary to remediate the situation in accordance with the provisions of chapters 201 and 211 of this title  If a person who signs a design or installation certification submitted under this chapter certifies a design, installation or related design or installation information and, as a result of the person’s failure to exercise reasonable professional judgment, submits design or installation information that is untrue or incorrect, or submits a design or installs a wastewater system or potable water supply that does not comply with the rules adopted under this chapter, the person who signed the certification may be subject to penalties and required to take all actions to remediate the affected project in accordance with the provisions of chapters 201 and 211 of this title.

Sec. 6.  10 V.S.A. § 1978 is amended to read:

§ 1978.  RULES

(a)  The secretary shall adopt rules, in accordance with chapter 25 of Title 3, necessary for the administration of this chapter.  These rules shall include, but are not limited to, the following:

(1)  performance standards for wastewater systems, including performance standards;

(2)  design flow standards for potable water supplies and wastewater systems, including:

(A)  design flow standards for a single‑family residence on its own lot with a minimum of one bedroom; and

(B)  an amendment of the design flow standards for wastewater systems that updates the design flow requirements in the agency of natural resources wastewater system and potable supply rules in order to reflect existing or proposed use of a wastewater system;

(C)  design flow standards that allow for the use of maximum efficiency measures, such as waterless toilets, composting toilets, and other innovative or alternative designs;

(3)  design requirements, including isolation distances and site conditions or situations when identification or design of a fully complying replacement area is not required;

* * *

(d)  The secretary shall not adopt rules under this chapter that allow wastewater systems that serve lots created after the effective date of this act to be constructed on ground with a maximum slope in excess of 20 percent.  This limitation shall not apply to replacement wastewater systems.

* * *

(Committee vote: 9-0-0)

Rep. Morley of Barton, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Fish, Wildlife and Water Resources.

(Committee Vote: 10-0-1)

H. 433

An act relating to the next generation initiative of workforce development through workforce development programs and internships.

(Rep. Kupersmith of South Burlington will speak for the Committee on Commerce.)

Rep. Bostic of St. Johnsbury, for the Committee on Appropriations, recommends the bill be amended as follows:

First:  In Sec. 3, by striking subdivision 10 V.S.A. § 531(a)(1) in its entirety and inserting a new subdivision (a)(1) to read as follows:

(1)  when issuing grants to an employer or consortium of employers, the employer promises as a condition of the grant to increase employment or provide training to enhance employment stability at an existing or expanded eligible facility within the state where eligible facility is defined as in subdivision § 212(6) 212(6) of this title relating to Vermont economic development authority, or the employer or consortium of employers promises to open an eligible facility within the state which will employ persons, provided that for the purposes of this section, eligible facility may be broadly interpreted to include employers in sectors other than manufacturing including the fields of information technology, telecommunications, health care, and environmental technologies; and

Second:  In Sec. 4, by striking 10 V.S.A. § 543(d)(2) in its entirety and inserting a new subdivision (d)(2) to read as follows:

(2)  Proposals that will lead to jobs paying at least 200 percent of the current minimum wage or 150 percent, and above, if the pay, including benefits, totals at least 200 percent of the current minimum wage.

Third:  In Sec. 4, by striking 10 V.S.A. § 544(b)(2) in its entirety and inserting a new subdivision (b)(2) to read as follows:

(2)  Lead to jobs paying at least 200 percent of the current minimum wage or 150 percent, and above, if the pay, including benefits, totals at least 200 percent of the current minimum wage.

Fourth:  In Sec. 4, by striking 10 V.S.A. § 545(a) in its entirety and inserting a new subsection (a) to read as follows:

(a)  There is created a workforce development grant program authorized to award grants to public, private, and nonprofit entities for internship programs that match students from public and private high schools, regional technical centers, the community high school of Vermont, and colleges with Vermont employers. 

Fifth:  In Sec. 4, 10 V.S.A. § 545(b), by striking the last sentence in its entirety

Sixth:  In Sec. 4, by striking 10 V.S.A. § 545(c)(1) in its entirety and inserting a new subdivision (c)(1) to read as follows:

(1)  Do not replace or supplant existing positions in the workplace.

Seventh:  In Sec. 4, 10 V.S.A. § 545(g), after “support” by adding “for the grant award process

Eighth:  After Sec. 4, by inserting a new Sec. 5 to read as follows:

Sec. 5.  16 V.S.A. § 2856(a) is amended to read:

(a)  An active member of the Vermont army national guard or the air national guard may be eligible for an interest-free loan in an academic year for financial assistance to pay for tuition and fees for courses taken at a Vermont college, university, or regional technical center.  Academic year awards may be up to the in-state tuition rate at the Vermont state colleges University of Vermont for that year.  Traditional airmen may receive academic year awards up to $9,500.00 per year.

and by renumbering the remaining sections to be numerically correct

Ninth:  By striking Sec. 6 in its entirety and inserting a new Sec. 6 to read as follows:

* * * Appropriations * * *

Sec. 6.  APPROPRIATIONS

(a)  Nondegree grant program.  The total sum of $1,100,000.00 is appropriated to the Vermont student assistance corporation for its nondegree grant program, which may include living stipends, not to exceed $3,000.00 each, for students participating in workforce development programs.  Of the total amount appropriated in this subsection, $500,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $600,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(b)  Vermont employment training fund.  The sum of $1,150,000.00 is appropriated, of this, $150,000.00 is from the fiscal 2007 monies transferred to the next generation initiative fund and $1,000,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund to the agency of commerce and community development for the Vermont employment training fund for the issuance of grants pursuant to 10 V.S.A. § 531, which shall be connected to the creation of new jobs. 

(c)  Loan repayment for health care professionals. 

(1)  The sum of $1,200,000.00 is appropriated from the fiscal 2008 monies transferred to the next generation initiative fund for the department of health for a grant to the area health education centers (AHEC) for repayment of commercial or governmental loans for postsecondary health care-related education or training owed by persons living and working in Vermont in the health care field. The department of health shall seek to match the funds appropriated pursuant to this subdivision under the global commitment waiver and shall report to the general assembly during the 2008 session the amount of the funds that was able to be matched.

(2)(A)   The sum of $950,000.00 is appropriated from the fiscal 2007 monies transferred to the next generation initiative fund to the agency of human services to fund the health professional loan repayment programs administered by the area health education centers (AHEC) through the Vermont department of health.  The loan repayment programs are to be as follows:

(i)  $50,000.00 for nurse educators;

(ii)  $250,000.00 for primary care physicians;

(iii)  $120,000.00 for dentists;

(iv)  $340,000.00 for health care professionals; and

(v)  $190,000.00 for nurses.

(B)  It is the intent of the general assembly that beginning in fiscal year 2009, funding for the health professional loan repayment program shall be a combination of funds from the global commitment fund, general fund, and next generation fund to add up to $2,150,000.00 in total program funds.

(d)  Workforce education and training fund.  The total sum of $2,100,000.00 is appropriated to the department of labor for the workforce education and training fund as follows:

(1)  A total of $1,500,000.00 for the workforce development grant program for innovative training programs created under 10 V.S.A. § 544, of which amount $100,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $1,400,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(2)  A total of $600,000.00 for the workforce development grant program for secondary and postsecondary internships created under 10 V.S.A. § 545, of which amount $300,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $300,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(e)  Scholarships.  The total sum of $4,400,000.00 is appropriated to the Vermont student assistance corporation for scholarships as follows:

(1)  A total of $2,900,000.00 to provide scholarships for Vermont students, of which amount $1,200,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund and $1,700,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund, including $167,000.00 for the National Guard scholarship program established in section 2856 of Title 16.

(2)  A total of $1,000,000.00 to provide scholarships for academic credit and stipends received in connection with internships, of which amount $500,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $500,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(3)  A total of $500,000.00 to provide need-based scholarships for secondary students enrolled in dual enrollment courses at postsecondary institutions, of which amount $200,000.00 is from the fiscal year 2007 monies transferred to the next generation initiative fund, and $300,000.00 is from the fiscal year 2008 monies transferred to the next generation initiative fund.

(Committee vote: 10-0-1)

H. 449

     An act relating to foster care services and supports.

Rep. French of Randolph, for the Committee on Human Services, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  33 V.S.A. § 4904 is added to read:

§ 4904.  FOSTER CARE; TRANSITIONAL YOUTH SERVICES

(a)  For purposes of this section, “youth” means a person between 18 and 22 years of age who either:

(1)  attained his or her 18th birthday while in the custody of the commissioner for children and families; or

(2)  while he or she was between 10 and 18 years of age, spent at least five of those years in the custody of the commissioner for children and families.

(b)  The department shall provide foster care services to any youth who elects to continue receiving such services after attaining the age of 18, provided that the youth is employed or attends an educational or vocational program, as defined by rule, and provided that, if the youth is working, he or she contributes to the cost of services based on a sliding scale defined by rule, unless the youth meets the criteria for an exception to the work training requirements of this section based on a disability or crisis situation established by the commissioner.

(c)  The commissioner shall establish by rule programs that provide support services for youth, including housing assistance, transportation, case management services, and other services.

(d)  The commissioner shall establish by rule a process for allowing any individual under the age of 22 who leaves state custody between 16 and 18 years of age or any youth, as defined in subsection (a) of this section, to reinstate some level of support services, provided he or she voluntarily requests additional support services.

(e)  The commissioner shall establish a method for measuring, evaluating, and reporting the outcomes of transitional services provided under this section.

* * * Health Care Coverage * * *

Sec. 2.  33 V.S.A. § 1902(c) is added to read:

(c)(1)  If the youth otherwise meet the eligibility requirements of Medicaid or Dr. Dynasaur, the agency of human services shall provide coverage for health services through Medicaid or Dr. Dynasaur for the following youth, reflecting the following priorities in the following order:

(A)  An individual up to the age of 21 if the individual is in the custody of the state, upon that individual’s 18th birthday.

(B)  An individual up to the age of 21 if the individual has a developmental disability as defined in subdivision 8722(2) of Title 18 or has a severe emotional disturbance as defined in subdivision 4301(3) of this title.

(C)  An individual 18 years of age or older who is a full-time student in a secondary school or attending an equivalent level of vocational or technical training, and is reasonably expected to complete the educational program before reaching the age of 19 or is not expected to complete the educational program before reaching age 19 solely due to a documented disability.

(2)  The secretary of human services shall assess and report to the general assembly not later than November 30, 2007 the estimated additional cost of providing health care coverage under subdivision (1)(B)(ii) of this subsection to individuals who meet the broader federal definition of developmental disability as provided in the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. 15002 Sec. 102(8), as well as a report on the number of Vermonters up to the age of 21 who fall within this definition compared to the number that meet the state definition of developmental disability under subdivision 4301(3) of this title.

(3)  For purposes of clinical eligibility standards for the adult community rehabilitation and treatment (CRT) program, the agency of human services shall deem the treatment history criterion to be met if an individual has received wraparound services for a severe emotional disturbance as defined in subdivision 4301(3) of this title within the prior 12 months.

(4)  If the individual is enrolled in Medicaid or Dr. Dynasaur, the agency shall not require a new application form or application procedure for continuation of coverage after age 18.  This subdivision is not intended to interfere with existing agency recertification procedures.

Sec. 3.  33 V.S.A. § 1901(f) is added to read:

(f)  The secretary shall not impose a co-payment requirement for individuals under 21 years of age enrolled in Medicaid or Dr. Dynasaur.

Sec. 4.  MEDICAID; TRANSITION BETWEEN PROGRAMS; YOUTH

(a)  The agency shall consult with advocacy organizations that represent children’s issues or that represent issues relating to individuals with disabilities on the content of the notices to be sent regarding the eligibility review and transition from Medicaid or Dr. Dynasaur to another program when a youth becomes ineligible for coverage due to age.  The agency shall assist a youth in state custody in applying for health care coverage by completing the application on the youth’s behalf and ensuring that the necessary documentation is provided to ensure a seamless transition to another health care coverage program. 

(b)  For youth who are not eligible for Medicaid or Dr. Dynasaur due to age, the agency of human services or designee shall report to the general assembly not later than November 30, 2007 the costs and strategies for implementing a program to ensure that a youth age 18 up to 21 living with parents is considered a separate household from the youth’s parents for the purposes of both the parents’ and the youth’s eligibility for Medicaid and the Vermont health access plan.

Sec. 5.  REPORT ON HEALTH CARE COVERAGE

Not later than November 30, 2007, the agency shall provide the house committee on human services and the senate committee on health and welfare with a report on the number of youth who successfully transitioned from Medicaid or Dr. Dynasaur to another source of health care coverage on the youth’s 21st birthday.  The report shall also include the number of youth who became uninsured at age 21 and the reason why the youth was not eligible for Medicaid, the Vermont Health Access Plan, Catamount Health, Catamount Health Assistance, or an employer-sponsored insurance program.

* * * Transitional Services for Youths with Developmental Disabilities * * *

Sec. 6.  STUDY ON TRANSITIONAL SERVICES FOR YOUTHS

The secretary of administration, in consultation with the secretary of human services, the commissioner of labor, the commissioner of disabilities, aging, and independent living, and the commissioner of education, shall study the costs and benefits of providing necessary transitional services up to age 22 for a youth who has been in the custody of the state; has a functional developmental disability and has been receiving state-funded services or services under an individualized education program (IEP) on the youth’s 18th birthday; or has been receiving state-funded services for severe emotional disturbance on his or her 18th birthday, in order to assist the youth in becoming a self-sufficient adult.  The secretary of administration shall solicit and summarize in his or her final report input from consumers, providers, and representatives of disability organizations, including the Vermont federation of families for mental health, the Vermont coalition of disability rights, the Vermont council of developmental and mental health services, and the Vermont developmental disabilities council.  The secretary of administration shall report the results of this study to the house committee on human services and the senate committee on health and welfare not later than November 30, 2007.

* * * Effective Date * * *

Sec. 7.  EFFECTIVE DATE

This act shall become effective upon passage for the purposes of allowing the agency of human services to adopt or amend rules and to implement subsection (a) of Sec. 4.  The provisions in this act relating to health care shall be implemented not later than January 1, 2008, subject to federal approval, if required.  Otherwise, the provisions in this act shall be implemented not later

(Committee vote: 11-0-0)

Rep. Miller of Shaftsbury, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Human Services and when further amended by  striking Sec. 2 and inserting a new Sec. 2 to read:

Sec. 2.  HEALTH CARE COVERAGE; STUDY

(a)  The agency of human services, in consultation with the joint fiscal office, shall analyze the cost of providing coverage for health services through Medicaid or Dr. Dynasaur:

(1)  for youth who otherwise meet the eligibility requirements for the programs and meet the following criteria:

(A)  An individual who meets the definition of “youth” in subsection 4904(a) of Title 33;

(B)  An individual up to the age of 21 if the individual has a developmental disability as defined in subdivision 8722(2) of Title 18 or has a severe emotional disturbance as defined in subdivision 4301(3) of Title 33.

(C)  An individual who meets the broader federal definition of developmental disability as provided in the Developmental Disabilities Assistance and Bill of Rights Act of 2000, 42 U.S.C. 15002 Sec. 102(8);

(D)  An individual 18 years of age or older who is a full-time student in a secondary school or attending an equivalent level of vocational or technical training, and is reasonably expected to complete the educational program before reaching the age of 19 or is not expected to complete the educational program before reaching age 19 solely due to a documented disability.

(2)  if the clinical eligibility standards for the adult community rehabilitation and treatment (CRT) program were modified to deem the treatment history criterion to be met if an individual has received wraparound services for a severe emotional disturbance as defined in subdivision 4301(3) of Title 33 within the prior 12 months.

(b)  The agency shall report the results of the analysis, including the number of individuals included in the estimates and the per-member per-month cost for each group,  to the senate committees on appropriations and on health and welfare and the house committees on appropriations and on human services no later than November 30, 2007.

(Committee vote: 10-0-1)

Favorable

H. 429

     An act relating to underground and aboveground storage tanks.

Rep. Krawczyk of Bennington, for the Committee on Natural Resources and Energy, recommends the bill ought to pass.

(Committee Vote: 11-0-0)

Rep. Morley of Barton, for the Committee on Appropriations, recommends the bill ought to pass.

(Committee vote: 10-0-1)

NOTICE CALENDAR

Committee Bills for Second Reading

H. 530

An act relating to motor vehicle safety.

(Rep. Grad of Moretown will speak for the Committee on Judiciary.)

H. 531

An act relating to Ensuring success in health care reform.

(Rep. Maier of Middlebury will speak for the Committee on Health Care.)

Favorable with Amendment

H. 248

     An act relating to the establishment of the Vermont Telecommunications Authority to advance broadband and wireless communications infrastructure throughout the state..

Rep. Shand of Weathersfield, for the Committee on Commerce, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

* * * Vermont Telecommunications Authority * * *

Sec. 1.  30 V.S.A. chapter 91 is added to read:

CHAPTER 91.  VERMONT TELECOMMUNICATIONS AUTHORITY

§ 8060.  LEGISLATIVE FINDINGS AND PURPOSE

     (a)  The general assembly finds that:

          (1)  The availability of mobile telecommunications and broadband services is essential for promoting the economic development of the state, the education of its young people and life-long learning, the delivery of cost-effective health care, the public safety, and the ability of citizens to participate fully in society and civic life.

          (2)  Private entities have brought mobile telecommunications and broadband services to many households, businesses and locations in the state, but significant gaps remain.

          (3)  A new level of creative and innovative strategies (including partnerships and collaborations among and between state entities, municipalities, the federal government and the private sector) is necessary to extend and complete broadband coverage in the state.

          (4)  When such partnerships and collaborations fail to achieve the goal of providing high-quality broadband access and service to all areas and households, it is necessary for an authority of the state to support and facilitate the construction of infrastructure and access to broadband service through financial and other incentives.

(5)  The universal availability of adequate mobile telecommunications and broadband services promotes the general good of the state.

     (b) Therefore, it is the goal of the general assembly to ensure:

(1)  that all residences and business in all regions of the state have access to affordable broadband services not later than the end of the year 2010;

(2)  the ubiquitous availability of mobile telecommunication services including voice and high-speed data throughout the state by the end of the year 2010; and

(3)  the continued investment in telecommunications infrastructure in the state which will support the best available and economically feasible technology.

§ 8061.  ESTABLISHMENT OF AUTHORITY; ORGANIZATION

(a)  The Vermont telecommunications authority is hereby created and established as a body corporate and politic and a public instrumentality of the state.  The exercise by the authority of the powers conferred upon it in this chapter constitutes the performance of essential governmental functions.

(b)  The authority shall have a board of directors of nine members selected as follows:

(1)  the state treasurer or his or her designee;

(2)  the commissioner of the department of information and innovation;

(3)  two at-large members appointed by the speaker of the house, who may not be members of the general assembly at the time of appointment;

(4)  two at-large members appointed by the committee on committees of the senate, who may not be members of the general assembly at the time of appointment;

     (5)  two at-large members appointed by the governor, who may not be employees or officers of state government at the time of appointment; and

     (6)  one member appointed jointly by the governor, the speaker of the house, and the president pro tempore of the senate, who shall be chair of the board of directors, and who may not be a member of the general assembly or an employee or officer of the state at the time of appointment.

(c)  In making appointments of at-large members and the chair, the appointing authorities shall give consideration to citizens of the state with knowledge of telecommunications technology, telecommunications regulatory law, finance, and environmental permitting.  The six at-large members and the chair shall serve terms of four years beginning July 1 of the year of appointment.  However, one of the at-large members first appointed by the speaker, one of the at large members first appointed by the president pro tempore and one of the at large members first appointed by the governor shall serve an initial term of two years. Any vacancy occurring among the at large members or the chair shall be filled by the respective appointing authority and be filled for the balance of the unexpired term.  A member may be reappointed.

(c)  The authority shall employ an executive director who shall serve as the authority’s chief administrative officer and shall direct and supervise the authority’s administrative affairs and technical activities in accordance with any rules, regulations, and policies set forth by the authority.  In addition to any other duties, the executive director shall:

(1)  Attend all meetings of the authority, act as its secretary, and keep minutes of its proceedings;

(2)  Approve all accounts of the authority, including but not limited to accounts for salaries, per diems, and allowable expenses of any employee or consultant thereof and expenses incidental to the operation of the authority;

(3)  Make an annual report to the authority documenting the actions of the authority and such other reports as the authority may request;

(4)  Perform such other duties as may be directed by the authority in the carrying out of the purposes of this chapter.

(d)  Except for those members otherwise regularly employed by the state, the compensation of the authority’s members shall be the same as that provided by 32 V.S.A. § 1010(a).  All members of the authority, including those members otherwise regularly employed by the state, shall receive their actual and necessary expenses when away from home or office upon their official duties.

§ 8062.  PURPOSE; POWERS AND DUTIES

(a)  The authority shall ensure that the goals of the general assembly, set out in subsection 8060(b) of this title, to provide all residences and businesses in all regions of the state with access to affordable broadband services and to ensure the ubiquitous availability of mobile voice and high-speed data telecommunications services are achieved not later than the end of the year 2010;

(b)  To achieve these goals, the authority is directed to:

(1)  develop and maintain an inventory of locations at which mobile telecommunications and broadband services are not available within the state, and develop and maintain an inventory of infrastructure necessary for provision of these services to the areas unserved;

(2)  identify the types and locations of infrastructure and services needed to accomplish the goals of this chapter;

(3)  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;

(4)  coordinate and establish public-private partnerships to extend availability of mobile telecommunications and broadband services, and to promote development of the infrastructure that enables the provision of these services;

(5)  support and facilitate local initiatives to extend the availability of mobile telecommunications and broadband services, and to promote development of the infrastructure that enables the provision of these services; and

     (6)  provide resources to local, regional, public and private entities in the form of loans, grants, and other incentives funded through bonded capital and other resources.

(c)  The authority shall have the following powers and duties, which shall be exercised to further the authority’s purpose, and shall have all other powers necessary to carry out the duties imposed on the authority by law:

(1)  to establish partnerships and contracts with providers of telecommunications services and related facilities to serve unserved people and areas of the state; and to provide financial and other assistance to providers who agree in return to provide mobile telecommunications or broadband services to unserved people and areas of the state; and to facilitate directly or indirectly the efforts of other entities to advance the availability of mobile voice and high speed data or broadband services.

(2)  to provide financial assistance in the form of loans, grants, guarantees, other financial instruments, or, in accordance with section 8064 of this title, to issue bonds backed by project revenues, the state, or its political subdivisions, or both, for the purpose of building infrastructure capable of delivering mobile telecommunications and broadband services to all Vermonters;

(3)  to consult, contract, or partner with the Vermont economic development authority and the Vermont municipal bond bank to provide financial assistance for purposes authorized by this chapter; and to coordinate access to and pursue all state, federal and private funding that is available for telecommunications infrastructure and to contract with financial assistance providers;

(4)  to receive and accept grants, gifts, loans, or contributions from any source subject to the provisions of 32 V.S.A. § 5.

(5)  to incorporate one or more nonprofit corporations in Vermont to fulfill the goals of this chapter.  Such corporations shall be empowered to borrow money and to receive and accept gifts, grants, or contributions from any source, subject to the provisions of 32 V.S.A. § 5.  The board of directors of the any nonprofit corporation created under this subsection shall be the board of directors of the authority.  The corporation shall be organized and operate under the nonprofit corporation laws of the state of Vermont.  The authority may contract with the corporation to provide staff and management needs of the corporation;

(6)  to aggregate and broker access at reduced prices to services and facilities required to provide wireless telecommunications and broadband services;  and to 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;

(7)  to own, acquire, sell, trade, and lease equipment, facilities, and other infrastructure that could be accessed and used by multiple service providers, the state, and local governments, including fiber optic cables, towers, shelters, easements, rights‑of‑way, and wireless spectrum or frequencies;

(8)  in collaboration with the Vermont municipal bond bank, to act as agent and advisor for municipalities that wish to offer municipally backed financial assistance, consistent with chapter 53 of Title 24, to develop telecommunications infrastructure or services in their communities;

(9)  to apply for and obtain required permits for the construction of telecommunications infrastructure;

(10)  in collaboration with the agency of administration, to lead the management of marketing of state properties to encourage and expedite collocation of infrastructure;

(11)  to consult with agencies and departments on establishing charges or payments for use by wireless telecommunications and broadband service providers of state property, easements, and rights‑of‑way to the extent such charges or payments are required by law, and establish the criteria for waiver of such charges or payments when providers offer to furnish comparable value to the state to meet the public good;

(12)  to sue and be sued in its own name and plead and be impleaded;

(13)  to administer its own funds and to invest or deposit funds which are not needed currently to meet the obligations of the authority; and

(14)  to borrow money and give other evidence of indebtedness or obligations and security consistent with the authority’s purpose and needs.

(c)  Nothing in this chapter shall be construed to grant power to the authority to offer the sale of telecommunications services to the public. 

§ 8063.  INTERAGENCY COOPERATION AND ASSISTANCE

(a)  Other departments and agencies of state government shall assist and cooperate with the authority and shall make available to it information and data as needed to assist the authority in carrying out its duties. The secretary of administration shall establish protocols and agreements among the authority and departments and agencies of the state for this purpose.  Nothing in this section shall be construed to waive any privilege or protection otherwise afforded to the data and information under exemptions to the public records act or under other laws due solely to the fact that the information or data is shared with the authority pursuant to this section. 

(b)  With the consent of the governor, and under terms and conditions of transfer approved by the governor, a state agency shall transfer ownership and control to the authority of the agency’s interest in any telecommunications facility designated by the authority as appropriate to assist the authority in meeting its statutory purposes.  “Telecommunications facility” includes antennae, towers and other support structures, wires and cables, and other equipment.

(c) To the extent that the authority issues loans, it shall consult and coordinate lending programs with the Vermont economic development authority and with the Vermont municipal bond bank and shall ensure that the lending activities of the authority and the Vermont economic development authority and Vermont municipal bond bank are not in competition. 

(d) No instrumentality of the state shall sell, lease, or otherwise divest itself of ownership or control of radio frequency spectrum without prior notice to and approval of the authority.  

§ 8064.  BONDS AND NOTES

(a)(1)  The authority may issue its negotiable notes and bonds in such principal amount as the authority determines to be necessary to provide sufficient funds for achieving any of its corporate purposes, including the payment of interest on notes and bonds of the authority, establishment of reserves to secure the notes and bonds including the reserve funds created under section 8065 of this title, and all other expenditures of the authority incident to and necessary or convenient to carry out its corporate purposes and powers.  However, the bonds or notes of the authority outstanding at any one time shall not exceed $40,000,000.00.  No bonds shall be issued under this section without the prior approval of the governor and the state treasurer or their respective designees.

(2)  The authority shall have the power, from time to time, to issue bonds and notes, to renew, defease, and refund notes and bonds to pay bonds and notes, including the interest thereon, and, whenever it deems refunding expedient, to refund any bonds by the issuance of new bonds, whether the bonds and notes to be refunded have or have not matured, and to issue bonds and notes partly to refund bonds then outstanding and partly for any of its corporate purposes.

(3)  Except as may otherwise be expressly provided by resolution of the authority, every issue of its notes and bonds shall be general obligations of the authority payable out of any revenues or moneys of the authority, subject only to any agreements with the holders of particular notes or bonds pledging any particular revenues.

(b)  The notes and bonds shall be authorized by resolution or resolutions of the authority, shall bear such date or dates and shall mature at such time or times as the resolution or resolutions may provide, except that no bond shall mature more than 30 years from the date of its issue.  The bonds may be issued as serial bonds or as term bonds or as a combination thereof.  The notes and bonds shall bear interest at such rate or rates or the manner of determining such rate or rates, as provided in sections 1881-1887 of Title 24, be in such denominations, be in such form, either coupon or registered, carry such registration privileges, be executed in such manner, be payable in such medium of payment, at such place or places within or without the state, and be subject to such terms of redemption as the resolution or resolutions may provide; provided, however, that at the time of the authorization of the issuance of such bonds or notes the authority determines in such resolution that the authority will derive receipts, revenues, or other income from the facilities or projects to be financed with the proceeds of such bonds or notes sufficient to provide, together with all other available receipts, revenues, and income of the authority, for the payment of such bonds or notes and the payment of all costs and expenses incurred by the authority with respect to the program or purpose for which such bonds or notes are issued and all other expenses of the authority incurred under this title.  The notes and bonds of the authority may be sold by the authority at public or private sale, at such price or prices as the authority shall determine.

(c)  Any resolution or resolutions authorizing any notes or bonds or any issue thereof may contain provisions, which shall be a part of the contract or contracts with the holders thereof, as to:

(1)  pledging all or any part of the revenues of the authority to secure the payment of the notes or bonds or of any issue thereof, subject to such agreements with note holders or bondholders as may then exist;

(2)  pledging all or any part of the assets of the authority to secure the payment of the notes or bonds or of any issue of notes or bonds, subject to such agreements with note holders or bondholders as may then exist;

(3)  the use and disposition of the revenues of the authority and payments upon other obligations held by the authority;

(4)  the setting aside of reserves or sinking funds and the regulation and disposition thereof;

(5)  limitations on the purpose to which the proceeds of sale of notes or bonds may be applied and pledging the proceeds to secure the payment of the notes or bonds or of any issue thereof;

(6)  limitations on the issuance of additional notes or bonds; the terms upon which additional notes or bonds may be issued and secured; and the refunding of outstanding or other notes or bonds;

(7)  the procedure, if any, by which the terms of any contract with note holders or bondholders may be amended or abrogated, the amount of notes or bonds the holders of which must consent thereto, and the manner in which consent may be given;

(8)  limitations on the amount of moneys to be expended by the authority for operating expenses of the authority;

(9)  vesting in a trustee or trustees, within or without the state, such property, rights, powers, and duties in trust as the authority may determine, which may include any or all of the rights, powers, and duties of the trustee appointed by the bondholders pursuant to this chapter and limiting or abrogating the right of the bondholders to appoint a trustee under this chapter or limiting the rights, powers, and duties of the trustee;

(10)  defining the acts or omissions to act that shall constitute a default in the obligations and duties of the authority to the holders of the notes or bonds and providing for the rights and remedies of the holders of the notes or bonds in the event of such default, including as a matter of right the appointment of a receiver; provided, however, that the rights and remedies shall not be inconsistent with the general laws of the state and other provisions of this chapter; and

(11)  any other matters, of like or different character, which in any way affect the security or protection of the holders of the notes or bonds.

(d)  Any pledge made by the authority shall be valid and binding from the time when the pledge is made; the revenues, moneys, or property so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act; and such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract, or otherwise against the authority, irrespective of whether such parties have notice thereof.

(e)  Bonds, notes, and other obligations authorized under this chapter may, in the discretion of the authority, be issued with such terms as will cause the interest thereon to be subject to federal income taxation.  To the extent required for the sale of the obligations, the authority may register such obligations under applicable federal and state securities laws.  No person executing any bonds, notes, and other obligations issued by the authority or others under authority of this chapter shall be subject to any personal liability or accountability by reason of the issuance thereof.  The authority shall indemnify any person who shall have served as a member, officer, or employee of the authority against financial loss or litigation expense arising out of or in connection with any claim or suit involving allegations that pecuniary harm has been sustained as a result of any transaction authorized by this chapter, unless such person is found by a final judicial determination not to have acted in good faith and for a purpose that the person reasonably believed to be lawful and in the best interest of the authority.

(f)  The authority, subject to such agreements with note holders or bondholders as may then exist, shall have power out of any funds available therefore to purchase notes or bonds of the authority, which shall thereupon be cancelled, at a price not exceeding:

(1)  if the notes or bonds are then redeemable, the redemption price then applicable plus accrued interest to the next interest payment thereon; or

(2)  if the notes or bonds are not then redeemable, the redemption price applicable on the first date after such purchase upon which the notes or bonds become subject to redemption plus accrued interest to such date.

(g)  In the discretion of the authority, the notes or bonds may be secured by a trust indenture by and between the authority and a corporate trustee, which may be any trust company or bank having the power of a trust company within or without the state.  The trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the note holders or bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the exercise of its corporate powers and the custody, safeguarding, and application of all moneys.  The authority may provide by such trust indenture for the payment of the proceeds of the notes or bonds and the revenues to the trustee under such trust indenture or other depository and for the method of disbursement thereof, with such safeguards and restrictions as it may determine.  All expenses incurred in carrying out the trust indenture may be treated as a part of the operating expenses of the authority.  If the notes or bonds shall be secured by a trust indenture, the note holders and bondholders shall have no authority to appoint a separate trustee to represent them.

(h)  Any law to the contrary notwithstanding, a bond or note issued under this chapter is fully negotiable for all purposes of sections 1–101 et seq. of Title 9A, and each holder or owner of a bond or note or of any coupon appurtenant thereto, by accepting the bond or note or coupon, shall be conclusively deemed to have agreed that the bond, note, or coupon is fully negotiable for those purposes.

(i)  Any provision of this chapter or of any other law or any recitals in any bonds or notes issued under this chapter to the contrary notwithstanding, all bonds, notes, and interest coupons appertaining thereto issued by the authority shall have and are hereby declared to have all the qualities and incidents, including negotiability, of investment securities under sections 1–101 et seq. of Title 9A, but no provision of those sections respecting the filing of a financing statement to perfect a security interest shall be applicable to any security interest created in connection with the issuance of the bonds, notes, or coupons.

(j)  In case any of the members, executive director, or officers of the authority whose signatures appear on any notes or bonds or coupons shall cease to be members, executive director, or officers before the delivery of such notes or bonds, the signatures shall, nevertheless, be valid and sufficient for all purposes, the same as if such members, executive director, or officers had remained in office until such delivery.

(k)  The authority may enter into one or more agreements for the exchange of interest rates, cash flows, or payments to reduce net borrowing costs, to achieve desirable net effective interest rates in connection with its issuance and sale of debt obligations, and to provide for an efficient means of debt management.

§ 8065.  RESERVE FUNDS

(a)  The authority may create and establish one or more special funds, herein referred to as “debt service reserve funds,” and shall pay into each such debt service reserve fund:

(1)  any moneys appropriated and made available by the state for the purpose of such fund;

(2)  any proceeds of the sale of notes or bonds, to the extent provided in the resolution or resolutions of the authority authorizing the issuance thereof; and

(3)  any other moneys which may be made available to the authority for the purpose of such fund from any other source or sources.

(b)  All moneys held in any debt service reserve fund, except as hereinafter provided, shall be used, as required, solely for the payment of the principal of bonds secured in whole or in part by such fund or of the sinking fund payments hereinafter mentioned with respect to such bonds, the purchase or redemption of such bonds, the payment of interest on such bonds or the payment of any redemption premium required to be paid when such bonds are redeemed prior to maturity; provided, however, that moneys in any such fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of such fund to less than the debt service reserve requirement established by resolution of the authority for such fund as hereafter provided except for the purpose of making with respect to bonds secured in whole or in part by such fund payments, when due, of principal, interest, redemption premiums, and the sinking fund payments hereinafter mentioned for the payment of which other moneys of the authority are not available.  Any income or interest earned by, or increment to, any debt service reserve fund due to the investment thereof may be transferred by the authority to other funds or accounts of the authority to the extent it does not reduce the amount of such debt service reserve fund below the debt service reserve requirement for such fund.

(c)  The authority shall not at any time issue bonds or notes secured in whole or in part by a debt service reserve fund if upon the issuance of such bonds or notes the amount in such debt service reserve fund will be less than the debt service reserve requirement established by resolution of the authority for such fund, unless the authority at the time of issuance of such bonds shall deposit in such fund from the proceeds of the bonds or notes so to be issued, or from other sources, an amount that, together with the amount then in such fund, will not be less than the debt service reserve requirement established for such fund.  The debt service reserve requirement for any debt service reserve fund shall be established by resolution of the authority prior to the issuance of any bonds or notes secured in whole or in part by such fund and shall not be required to exceed “maximum debt service.”  For the purposes of this section, the term “maximum debt service” shall mean, as of any particular date of computation, an amount of money equal to the greatest of the respective amounts, for the then current or any future fiscal year of the authority, of annual debt service on the bonds of the authority secured or to be secured in whole or in part by such debt service reserve fund, such annual debt service for any fiscal year being the amount of money equal to the aggregate of:

(1)  all interest payable during such fiscal year on all bonds secured in whole or in part by such debt service reserve fund outstanding on the date of computation; plus

(2)  the principal amount of all such bonds outstanding on such date of computation that mature during such fiscal year; plus

(3)  all amounts specified in any resolution of the authority authorizing such bonds as payable during such fiscal year as a sinking fund payment with respect to any of such bonds that mature after such fiscal year.

(d)  In computing the amount of the debt service reserve funds for the purpose of this section, securities in which all or a portion of such funds shall be invested shall be valued at par if purchased at par or at amortized value, as such term is defined by resolution of the authority, if purchased at other than par.

(e)  In order to assure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the authority, there may be appropriated annually and paid to the authority for deposit in each such fund such sum as shall be certified by the chair of the authority to the governor, the president of the senate, and the speaker of the house as is necessary to restore each such debt service reserve fund to an amount equal to the debt service reserve requirement for such fund.  The chair shall annually, on or about February 1, make and deliver to the governor, the president of the senate, and the speaker of the house his or her certificate stating the sum required to restore each such debt service reserve fund to the amount aforesaid, and the sum so certified may be appropriated, and if appropriated, shall be paid to the authority during the then current state fiscal year.  The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which state funds may be appropriated pursuant to this subsection shall not exceed $40,000,000.00, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the authority in contravention of the Constitution of the United States of America.

(f)  The authority shall create and establish such other fund or funds as may be necessary or desirable for its corporate purposes.

§ 8066.  REFUNDING OBLIGATIONS – ISSUANCE AND SALE

(a)  The authority may provide for the issuance of refunding obligations for the purpose of refunding any obligations then outstanding that have been issued under the provisions of this chapter, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of such obligations and for any corporate purpose of the authority.  The issuance of such obligations, the maturities and other details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the authority in respect of the same shall be governed by the provisions of this chapter that relate to the issuance of obligations, insofar as those provisions may be appropriate. 

(b)  Refunding obligations issued as provided in this section may be sold or exchanged for outstanding obligations issued under this chapter and, if sold, the proceeds thereof may be applied, in addition to any other authorized purposes, to the purchase, redemption, or payment of such outstanding obligations.  Pending the application of the proceeds of any refunding obligations, with any other available funds, to the payment of the principal, accrued interest and any redemption premium on the obligations being refunded, and, if so provided or permitted in the resolution authorizing the issuance of such refunding obligations or in the trust agreement securing them to the payment of any interest on such refunding obligations and any expenses in connection with such refunding, such proceeds may be invested in direct obligations of, or obligations the principal of and the interest on which are unconditionally guaranteed by, the United States of America, and which shall mature or which shall be subject to redemption by the holders thereof, at the option of such holders, not later than the respective dates when the proceeds, together with the interest accruing thereon will be required for the purposes intended.

§ 8067.  REMEDIES OF BONDHOLDERS AND NOTE HOLDERS

(a)  In the event that the authority defaults in the payment of principal or of interest on any bonds or notes issued under this chapter after they become due, whether at maturity or upon call for redemption, and the default continues for a period of 30 days, or in the event that the authority fails or refuses to comply with the provisions of this chapter or defaults in any agreement made with the holders of an issue of bonds or notes of the authority, the holders of 25 percent in aggregate principal amount of the bonds or notes of such issue then outstanding, by instrument or instruments filed in the office of the secretary of state and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of such bonds or notes for the purposes herein provided.

(b)  Such trustee may, and upon written request of the holders of 25 percent in principal amount of such bonds or notes then outstanding shall, in his or her or its own name:

(1)  enforce all rights of the bondholders or note holders, including the right to require the authority to carry out any agreements with the holders of such bonds or notes and to perform its duties under this chapter;

(2)  enforce all rights of the bondholders or note holders, including the right to collect and enforce the payment of amounts due to the authority, so as to carry out any contract as to, or pledge of revenues, and to require the authority to carry out and perform the terms of any contract with the holders of such bonds or notes or its duties under this chapter;

(3)  bring suit upon all or any part of such bonds or notes;

(4)  by action or suit, require the authority to account as if it were the trustee of an express trust for the holders of such bonds or notes;

(5)  by action or suit, enjoin any acts or things that may be unlawful or in violation of the rights of the holders of such bonds or notes;

(6)  declare all such bonds or notes due and payable, and, if all defaults shall be made good, with the consent of the holders of 25 percent of the principal amount of such bonds or notes then outstanding to annul the declaration and its consequences.

(c)  The trustee shall in addition to the foregoing have and possess all the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of bondholders or note holders in the enforcement and protection of their rights.

(d)  Before declaring the principal of bonds or notes due and payable, the trustee shall first give 30 days’ notice in writing to the governor, to the authority, and to the attorney general of the state.

(e)  The superior courts or courts with equity jurisdiction shall have jurisdiction of any suit, action, or proceeding by the trustee on behalf of bondholders or note holders.

§ 8068.  PLEDGE OF THE STATE

The state does hereby pledge to and agree with the holders of the notes and bonds issued under this chapter that the state will not limit or restrict the rights hereby vested in the authority to perform its obligations and to fulfill the terms of any agreement made with the holders of its bonds or notes or in any way impair the rights and remedies of the holders until the notes and bonds, together with interest thereon, and interest on any unpaid installments of interest, are fully met, paid, and discharged.  The authority is authorized to execute this pledge and agreement of the state in any agreement with the holders of the notes or bonds.

§ 8069.  SOVEREIGN IMMUNITY; CREDIT OF STATE NOT PLEDGED

The authority shall have the benefit of sovereign immunity to the same extent as the state of Vermont.  Members, officers, employees, and the executive director of the authority shall be deemed employees of the state for purposes of 12 V.S.A. chapter 189 (tort claims against state) and 3 V.S.A. chapter 29 (claims against state employees).  Notwithstanding the foregoing, obligations issued under the provisions of this chapter shall not be deemed to constitute a debt or liability or obligation of the state or of any political subdivision thereof or a pledge of the faith and credit of the state or of any political subdivision but shall be payable solely from the revenues or assets of the authority.  Each obligation issued under this chapter shall contain on the face thereof a statement to the effect that the authority shall not be obligated to pay the same nor the interest thereon except from the revenues or assets pledged therefor and that neither the faith and credit nor the taxing power of the state or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such obligations.

§ 8070.  NOTES AND BONDS AS LEGAL INVESTMENTS

Notwithstanding any other law, the state and all public officers, governmental units, and agencies thereof, all banks, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, all credit unions, and all executors, administrators, guardians, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or notes issued under this chapter, and the bonds or notes are authorized security for any and all public deposits.

§ 8071.  ANNUAL REPORTS; AUDIT

(a)  On or before the last day of January of each calendar year, the authority shall submit a report of its activities for the preceding fiscal year to the governor and to the general assembly.  Each report shall set forth a complete operating and financial statement covering its operations during the year.  The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants; the cost shall be considered an expense of the authority and a copy shall be filed with the state treasurer. 

(b)  The auditor of accounts of the state and his or her duly authorized representatives may at any time examine the accounts and books of the authority including its receipts, disbursements, contracts, sinking funds, investments, and any other matters relating to its financial statements.

§ 8072  LEGISLATIVE OVERSIGHT REPORTS

(a)  In addition to the annual and audit reports required by section 8071 of this title, the authority shall provide initial legislative oversight reports to the general assembly on or before January 1, 2008, July 1, 2008, January 1, 2009, and July 1, 2009.  Each legislative oversight report shall contain: 

(1)  An inventory of the locations within the state in which mobile telecommunications and broadband service are currently available.

(2) A report of the progress made to date by the authority in developing its capabilities to undertake or sponsor projects that expand the availability of mobile telecommunications and broadband service.

(3)  A projected outlook on progress by the authority, including:

(A)  An assessment of the authority's capabilities to perform the powers granted the authority, and to contribute to the improvement of broadband service availability and mobile telecommunications service coverage in the state; and

(B)  An assessment of the foreseeable extent of broadband service availability and mobile telecommunications service coverage in the state.

(4)  A summary of the status and results of any competitive solicitation processes undertaken or planned for the purpose of increasing broadband service availability and mobile telecommunications coverage in the state, including:

(A)  an assessment of the level of interest among potential service providers;

(B)  a summary of the numbers and types of entities participating;

(C)  a description of measures taken or under consideration by the authority to enhance the level of interest among potential bidders; and

(D)  terms of any arrangements entered between the authority and service providers.

(5)  A description of all authority activities to develop or facilitate development of telecommunications infrastructure that furthers the objective of this chapter.

(6)  Financial statements of the authority, a summary of expenditures by the authority since inception, and a forecast of expenditures.

          (7)  A summary of any financial commitments made by the authority.

          (8)  A list and summary of all contracts and agreements entered by the authority.

(9)  A summary of any and all instances in which service providers that have entered into contracts or binding commitments with the authority have materially defaulted, been unable to fulfill their commitments, or have requested or been granted relief from contractual or binding commitments.

          (10)  A current business plan for the authority, including an explanation of significant changes subsequent to the most recent previous report.

          (11)  A list and description of all actions taken by the authority to transfer control of state-owned telecommunications facilities to the authority.

          (12)  A description of the extent of the authority's assistance to and participation in proceedings before local zoning and development review boards, district environmental commissions, or project applicants seeking to construct or alter communications facilities located in the state.

          (13)  Recommendations, if any, for further legislative action to promote the objectives of this chapter.

(b) On or before December 31, 2010, the authority shall make a final and comprehensive oversight report to the general assembly describing the extent and manner in which it has achieved the goals of providing wireless telecommunications and broadband coverage as set out in this chapter.  The report shall be sent by electronic mail to the home “e-mail” address of all members of the general assembly in office on that date, with printed copies provided by regular mail to any member or members lacking electronic mail services. 

§ 8073.  AUTHORIZATION TO ACCEPT APPROPRIATED MONIES

The authority is authorized to accept and expend such monies as may be appropriated or approved from time to time by the general assembly for effectuating its corporate purposes including, without limitation, the payment of the initial expenses of administration and operation and the establishment of reserves or contingency funds to be available for the payment of the principal of and the interest on any bonds, notes, or other obligations of the authority.

§ 8074.  TAX EXEMPTION

(a)  All property of the authority is public property devoted to an essential public and governmental function and purpose and is exempt from all taxes, franchise fees, and special assessments of whatever nature of the state or any subdivision.  All bonds or notes issued by the authority or a municipality under this chapter are issued by a body corporate and public of this state and for an essential public and governmental purpose, and those bonds and notes and the interest thereon and the income therefrom and all activities of the authority and fees, charges, funds, revenues, incomes, and other moneys of the authority, whether or not pledged or available to pay or secure the payment of those bonds or notes, or interest thereon, are exempt from all taxation, franchise fees, or special assessments of whatever kind except for transfer, inheritance, and estate taxes.

(b)  The authority is not required to make or file any reports, statements, or informational returns required of any other bodies corporate except as provided in this chapter.

§ 8075.  LIBERAL CONSTRUCTION

Neither this chapter nor anything herein contained is or shall be construed as a restriction or limitation upon any powers that the authority might otherwise have under any laws of this state, and this chapter is cumulative to any such powers.  This chapter does and shall be construed to provide a complete, additional, and alternative method for the doing of the things authorized thereby and shall be regarded as supplemental and additional to powers conferred by other laws.

§ 8076.  INCONSISTENT PROVISIONS IN OTHER LAWS SUPERSEDED

Insofar as the provisions of sections 8064 through 8074 of this title are inconsistent with the provisions of any other law, general, special, or local, the provisions of this chapter shall be controlling.

§ 8077.  ESTABLISHMENT OF MINIMUM TECHNICAL SERVICE

               CHARACTERISTIC OBJECTIVES

(a) The department of public service shall, as part of the state telecommunications plan prepared pursuant to section 202d of this title, identify minimum technical service characteristics which ought to be available as part of broadband services commonly sold to residential and small business users throughout the state.  For the purposes of this chapter, “broadband” means high speed internet access.  The department shall consider the performance characteristics of broadband services needed to support current and emerging applications of broadband services. 

(b) The authority shall give priority in its activities toward projects which expand the availability of broadband services that meet the minimum technical services characteristics established by the state telecommunications plan.

(c) Until the department of public service adopts a revision to the state telecommunications plan, the authority shall give priority to the expansion of broadband services which offer a data transmission rate of not less than 3 megabits per second in at least one direction to areas where such services are not available. 

§ 8078.  SELECTION OF PROPOSALS TO PROVIDE SERVICE; COMPETITIVE  PROCESS

(a)  The authority shall identify, or seek to enable the development of, networks in all regions of the state which support mass-market broadband services meeting the minimum technical characteristics identified by the department of public service pursuant to section 8077 of this title. 

(b)  By not later than December 1, 2007, the authority shall identify areas within the state, without regard to municipal boundaries or size of geographic area, that contain or are likely to contain premises that can obtain basic telephone service but cannot obtain a mass-market broadband service meeting the minimum technical characteristics identified by the department of public service pursuant to section 8077 of this title.  The authority may rely on readily and publicly available information to estimate the extent of these areas.

(c)  Using a competitive process, the authority shall solicit proposals to eliminate areas without a provider of mass-market broadband services within the state of Vermont by 2010 through the development of telecommunications facilities or through binding commitments from service providers to expand broadband service to all unserved areas in a given region, without regard to municipal boundaries or size of geographic area.  For the purposes of this process, the authority may divide the state into one or more regions.  The authority shall undertake substantial efforts to complete the process of competitively soliciting proposals by January 31, 2008.  In evaluating proposals, the authority shall consider:

(1)  the proposed data transfer rates and other data transmission characteristics of services which 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 utilize the best available technology which is economically feasible; and

(5)  the ability to achieve the authority's objectives in the most cost-effective manner.

(d)  The authority shall seek to eliminate areas without access to commercial mobile radio service licensed by the Federal Communications Commission by 2010 through the construction of facilities and binding commitments from commercial mobile radio service providers. 

(e)  The authority shall seek to expand access to all services that utilize the technical standards which are commonly in use for providing voice and data services through commercial mobile radio service.

(f)  Using a competitive process, the authority shall solicit proposals to eliminate areas without coverage from a provider of commercial mobile radio services within the state of Vermont by 2010 through the development of telecommunications facilities and through binding commitments from service providers to expand service, including all unserved areas in a given region.  For the purposes of this process, the authority may divide the state into one or more regions.  The authority shall undertake substantial efforts to complete the process of competitively soliciting proposals by January 31, 2008.  In evaluating proposals, the authority shall consider the extent to which a proposal meets coverage objectives while limiting environmental impact and providing opportunities for future development of wireless communications services.

(g)  The authority may support projects to enable provision of broadband service in geographic areas currently served; provided, that such projects are the most cost-effective method for providing broadband services in nearby unserved areas, that the provision of  broadband service currently offered falls short of public needs, and that the carriers currently providing such services are unlikely to upgrade or extend those services to a level consistent with public needs, and that before undertaking such projects, the authority makes reasonable effort to distinguish served areas and populations from unserved areas and populations within the geographic area that the project would serve, including recognition and consideration of known or probable service extensions.

* * * Allocation of available VEDA mortgage capacity * * *

Sec. 2.  10 V.S.A. § 212 (14) is amended to read:

(14)  “Mortgagee,” as used in subchapter 2, means the original lender under a mortgage and its successors and assigns if approved by the authority, and shall include the authority in its capacity as lender under the technology infrastructure financing program adopted pursuant to subchapter 10 of this chapter.  The authority may utilize up to $3,000,000.00 of its available mortgage insurance capacity granted pursuant to 10 V.S.A. §§ 221(a) and 221(c) to insure these technology infrastructure financing program loans; 

* * * Broadband grant program * * *

Sec. 3.  BROADBAND DEVELOPMENT GRANT PROGRAM

(a)  Such sums as are appropriated by the general assembly may be utilized by the Vermont telecommunications authority to fund broadband development grants as authorized by this section.

(b)  The authority may award grants to municipalities, telecommunications infrastructure developers, and service providers in an amount not to exceed $100,000.00 for any project. 

(c)  The authority shall select projects that will provide broadband service in areas of the state that do not currently have broadband service or projects that provide one or more Wi‑Fi hotspots in municipalities without a Wi‑Fi hotspot located in area open to and commonly frequented by members of the general public.  If appropriated funds are available, the authority shall grant at least $50,000.00 annually to projects that provide one or more Wi-Fi hotspots.  The authority shall select projects that:

(1)  Provide availability of broadband service to all residents and businesses throughout a logical and contiguous service area; or

(2)  Provide for the establishment of new Wi‑Fi hotspots available to the general public. 

(d)  The authority shall use a competitive application process to award grants.  When evaluating proposals to provide broadband service throughout an unserved area, the authority shall consider the proposed price to consumers for the service, the proposed data transfer rates, the cost to the consumers of any new construction, equipment installation service, or facility required for the connection, and the degree to which the grant is required to make the project financially sustainable.  When evaluating proposals to establish new Wi‑Fi hotspots, the authority shall give preference to Wi‑Fi hotspot proposals which provide at least limited free usage to the public.

(e)  The authority may award grants in one or more rounds, including separate rounds to fund Wi‑Fi hotspots and expansion of broadband service.  The authority may combine the award of a grant provided under this section with any other financial assistance that the authority is authorized to provide under section 8061 of Title 30.

(f)  Each applicant shall identify the equipment, facilities, or services to be purchased with the grant.  The authority shall establish award contracts with each recipient specifying performance requirements.  For failure to perform during the specified period or for failure to provide service for the minimum period, the authority may, after notice and opportunity to correct the failure, take ownership of any equipment or facilities for which grant funds were used to purchase.

* * * Interlocal agreements, municipal authority * * *

Sec. 4.  20 V.S.A. § 2601 is amended to read:

§ 2601.  GENERALLY

A fire district may vote to adopt the town manager system in compliance with chapter 37 of Title 24.  It may vote a tax upon the polls and taxable estate or upon the taxable estate only for the protection of property in the district from damage by fire; for the acquisition, construction and maintenance of sewers and sewage treatment works; sidewalks; acquisition and construction of communications infrastructure; public parks; water works, water companies and equipment and real estate used in connection therewith including reservoirs and dams; for lighting; and for other lawful purposes.  The prudential committee and collector shall have the same power in assessing, levying and collecting the tax, as town officers have in assessing and collecting town taxes, including the collection of interest on overdue taxes.  The prudential committee may expend such sums for acquiring, constructing and maintaining sewers and sewage treatment works; sidewalks; public parks; water works, water companies and all equipment and real estate used in connection therewith including reservoirs and dams; and for lighting purposes as the fire district may vote.  The committee may use and occupy such portions of the highways within the district as may be necessary for constructing and maintaining sewers and sewage treatment works; sidewalks; communications infrastructure; public parks; water works and mains and for lighting purposes. 

Sec. 5.  24 V.S.A. § 1789 is added to read:

§1789.  ALTERNATIVE FINANCING OF ASSETS

(a)  A municipality, including a fire district, either singly or as a participant in an

interlocal contract entered into under sections 4901 and 4902 of this title, may acquire personal property, fixtures, technology and intellectual property by means of leases, lease-purchase agreements, installment sales agreements, and similar agreements wherein payment and performance on the part of the municipality is conditioned expressly upon the annual approval by the municipality of an appropriation sufficient to pay when next due rents, charges, and other payments accruing under such leases and agreements.    

(b) The legislative body of the municipality shall enter into leases and agreements identified in subsection (a) of this section on behalf of the municipality and under such terms as it deems to be in the best interest of the municipality.

(c)  The undertaking of a municipality to make payments under a lease or agreement identified in subsection (a) of this section shall not be a general or special obligation of the municipality, but shall be treated as a current operating expense.  Payments made or to be made under such lease or agreement shall be taken into account in calculating the debt limit of a municipality for any purpose. 

* * * Board Rules on Pole Attachments * * *

Sec. 6.  30 V.S.A. § 209(g) is added to read:

(g)  For the purposes of board rules on attachments to poles owned by companies subject to regulation under this title, broadband service providers shall be considered “attaching entities” with equivalent rights to attach facilities as those provided to “attaching entities” in the rules, regardless of whether such broadband providers offer a service subject to the jurisdiction of the board.  The board shall adopt rules in accordance with chapter 25 of Title 3 to further implement this section.  The rules shall be aimed at furthering the state’s interest in ubiquitous deployment of mobile telecommunications and broadband services within the state.

* * * Rights-of-Way Usage * * *

Sec. 7.  30 V.S.A. § 2513 is amended to read:

§ 2513.  LINES ALONG RAILROAD TRACKS; WIRELESS AND OTHER
 TELECOMMUNICATIONS FACILITIES

(a)  A company subject to the jurisdiction of the public service board may erect and maintain its telecommunications or electric transmission and distribution lines and facilities along the sides of railroad tracks within the limits of lands owned or held by a railroad on paying reasonable compensation to the railroad.  If they cannot agree upon the amount of reasonable compensation, it shall be determined by the transportation board which shall ascertain the compensation.

(b)  Wireless telecommunications and broadband facilities may be erected and maintained within the limits of lands owned or held by a railroad in the same manner as other utility facilities.

(c)  For purposes of this section, “broadband” shall have the same definition as in the rules adopted by the public service board for purposes of attachment to utility poles. 

Sec. 8.  5 V.S.A. § 3431 is amended to read:

§ 3431.  RAILROAD RIGHTS‑OF‑WAY

Notwithstanding the provisions of section 213 of Title 1, when railroad operations cease on railroad rights‑of‑way owned by the state or municipality the title or interest held by the state or municipality in such rights‑of‑way shall be retained by the state or municipality for future transportation purposes and such other purposes as are not inconsistent with future transportation purposes; except that such rights‑of‑way shall not be used by members of the general public without permission of the state or municipality.  The state or municipality shall allow abutting farm operations to use the land over which the rights‑of‑way pass for agricultural purposes.  Unless use and occupancy of railroad rights‑of‑way adversely affect railroad safety, broadband facilities and wireless and other telecommunications facilities that are installed along or within the railroad right‑of‑way in compliance with applicable operations and safety standards at the time of installation are consistent with existing and future transportation purposes. 

Sec. 9.  30 V.S.A. § 2502 is amended to read:

§ 2502.  LINES OR WIRES ALONG HIGHWAYS; WIRELESS
TELECOMMUNICATIONS FACILITIES; BROADBAND
FACILITIES
CONSTRUCTION; RESTRICTION

Lines of telegraph, telephone, and electric wires, as well as two‑way wireless telecommunications facilities and broadband facilities, may, subject to the provisions of section 1111 of Title 19, be constructed and maintained by a person or corporation upon or under a highway, in such manner as not to interfere with repairs of such highway or the public convenience in traveling upon or using the same.

Sec. 10.  19 V.S.A. § 26a is amended to read:

§ 26a.  DETERMINATION OF RENT TO BE CHARGED FOR LEASING OR LICENSING STATE‑OWNED PROPERTY UNDER THE AGENCY’S JURISDICTION

Except as otherwise provided by law, leases or licenses negotiated by the agency under sections 204 and 3405 of Title 5 and section 26 of this title ordinarily shall require the payment of fair market value rent, as determined by the prevailing area market prices for comparable space or property.  However, the agency may lease or license state‑owned property under its jurisdiction for less than fair market value when the agency determines that the proposed occupancy or use serves a public purpose or that there exist other relevant factors, such as a prior course of dealing between the parties, that justify setting rent at less than fair market value.  This section does not apply to leases or licenses for use by wireless and broadband communications providers of state‑owned railroad rights‑of‑way. 

Sec. 11.  STATE‑OWNED EASEMENTS AND RIGHTS‑OF‑WAY

(a)  The agency of transportation shall adopt policies to standardize and expedite the processing of applications by broadband and wireless communications providers for access to and use of rights‑of‑way under the ownership, management, or jurisdiction of the agency. 

(b)  Unless otherwise required by federal law, any charge or payment for access to or use of state‑owned rights‑of‑way by providers of broadband or wireless communications facilities or services shall be reasonable and shall be waived if the provider offers to provide comparable value to the state so as to meet the public good.  For the purposes of this section, the term “comparable value to the state” shall be construed broadly to further the state’s interest in ubiquitous broadband and wireless service availability at reasonable cost. 

(c)  The charges or payments required for access to or use of state‑owned rights‑of‑way under the jurisdiction or control of the agency of transportation by wireless or broadband communications providers shall be adopted by the Vermont telecommunications authority in consultation with the agency of transportation and in accordance with the rulemaking provisions of chapter 25 of Title 3.  Rules required by this section shall be adopted using emergency procedures no later than 60 days and permanent rules shall be adopted no later than six months after the effective date of this act.  The emergency rules adopted pursuant to this subdivision may remain in effect longer than 120 days, but in no event shall they remain in effect for more than six months.  The agency of transportation shall post on its internet web site all permit applications and schedules for charges and payments adopted pursuant to this section by the agency and the telecommunications authority.

(d)  Nothing in this section shall be construed to impair any contractual rights existing on the effective date of this section.

* * * Act 250, Sec. 248, and Municipal Permitting * * *

Sec. 12.  10 V.S.A. § 6001c is amended to read: 

§ 6001c.  JURISDICTION OVER BROADCAST AND COMMUNICATION
 SUPPORT STRUCTURES and related improvements

In addition to other applicable law, any support structure proposed for construction, which is primarily for communication or broadcast purposes and which will extend vertically 20 feet, or more, above the highest point of an attached existing structure or 50 feet, or more, above ground level in the case of a proposed new support structure, in order to transmit or receive communication signals for commercial, industrial, municipal, county, or state purposes, shall be a development under this chapter, independent of the acreage involved.  If jurisdiction is triggered for such a support structure, then jurisdiction will also extend to the construction of improvements ancillary to the support structure, including buildings, broadcast or communication equipment, foundation pads, cables, wires, antennas or hardware, and all means of ingress and egress to the support structure.  To the extent that future improvements are not ancillary to the support structure and do not involve an additional support structure, those improvements shall not be considered a development, unless they would be considered a development under this chapter in the absence of this section.  The criteria and procedures for obtaining a permit under this section shall be the same as for any other development.

Sec. 13.  10 V.S.A. § 6001(26) is amended to read:

(26)  “Telecommunications facility” means a support structure which is primarily for communication or broadcast purposes and which will extend vertically 20 feet, or more, above the highest point of an attached existing structure or 50 feet or more above ground level in the case of a proposed new support structure, in order to transmit or receive communication signals for commercial, industrial, municipal, county or state purposes. 

Sec. 14.  24 V.S.A. § 2291(19) is amended to read:

(19)  To regulate the construction, alteration, development, and decommissioning or dismantling of wireless telecommunications facilities and ancillary improvements where the city, town, or village has not adopted zoning or where those activities are not regulated pursuant to a duly adopted zoning bylaw.  When the construction or alteration of wireless telecommunications facilities are subject to regulation by the authority granted in this section, the regulatory authority shall determine whether the installation of a wireless telecommunications facility, whatever its size, will impose no impact or merely a de minimis impact on the surrounding area and the overall pattern of land development.  If the regulatory authority determines that the facility will impose no impact or a de minimis impact, then it shall issue a permit.  Regulations regarding the decommissioning or dismantling of telecommunications facilities and ancillary structures may include requirements that bond be posted, or other security acceptable to the legislative body, in order to finance facility decommissioning or dismantling activities.  These regulations are not intended to prohibit seamless coverage of wireless telecommunications services.  No ordinance authorized by this section may have the purpose or effect of limiting or prohibiting a homeowner’s ability to place or allow placement of an antenna used to transmit or receive communications signals on the homeowner’s property if the antenna is not more than eight square feet on its largest face and if the antenna and the mast to which it is attached do not extend greater than 12 feet above the roofline.

Sec. 15.  24 V.S.A. § 4446 is amended to read:

§ 4446.  BYLAWS; EFFECT OF ADOPTION

Within the jurisdiction of any municipality that has adopted any of the bylaws authorized by this chapter, no land development may be undertaken or effected except in conformance with those bylaws.  Bylaws authorized by this chapter may specify for exclusion from review any land development determined to impose no impact or merely a de minimis impact on the surrounding area and the overall pattern of land development.  Notwithstanding any other provision of this chapter, the administrative officer shall determine whether, subject to appeal to the appropriate municipal body, the installation of a facility used for telecommunications, whatever its size, will impose no impact or merely a de minimis impact on the surrounding area and the overall pattern of land development and whether such installation may be processed as a minor application under the same procedures provided for any permitted use in the zoning district.  Notice of the issuance of such permit shall be provided to all adjoining landowners that may reasonably be affected by the facility, to the appropriate municipal panels, and to the select board.  A homeowner may place or allow placement of an antenna used to transmit or receive communications signals on the homeowner’s property without the need for a local zoning permit if the antenna is not more than eight square feet on its largest face and if the antenna and the mast to which it is attached do not extend greater than 12 feet above the roofline.

Sec. 16.  30 V.S.A. § 248(n) is added to read:

(n)(1)  No company as defined in section 201 of this title and no person as defined in 10 V.S.A. § 6001(14) may place or allow the placement of wireless communications facilities on an electric transmission or generation facility located in this state, including a net‑metered system, without receiving a certificate of public good from the public service board pursuant to this subsection.  The public service board may issue a certificate of public good for the placement of wireless communications facilities on electric transmission and generation facilities if such placement is in compliance with the criteria of this section and board rules or orders implementing this section.  In developing such rules and orders the board:

(A)  may waive the requirements of this section that are not applicable to wireless telecommunication facilities, including but not limited to criteria that are generally applicable to public service companies as defined in this title;

(B)  may modify notice and hearing requirements of this title as it deems appropriate;

(C)  shall seek to simplify the application and review process as appropriate; and

(D)  shall be aimed at furthering the state’s interest in ubiquitous mobile telecommunications and broadband service in the state.

(2)  Notwithstanding subdivision (B) of subdivision (1) of this section, if the board finds that a petition filed pursuant to this subsection does not raise a significant issue with respect to the criteria enumerated in subdivisions (b)(1), (3), (4), (5) and (8) of this section, the board shall issue a certificate of public good without a hearing.  If the board fails to issue a final decision or identify a significant issue with regard to a completed petition made under this section within 60 days of its filing with the clerk of the board and service to the director of public advocacy for the department of public service, the petition is deemed approved by operation of law. The rules required by this subsection shall be adopted within six months of the effective date of this section, and rules under this section may be adopted on an emergency basis to comply with the dates required by this section.  For purposes of this subsection, “wireless communication facilities” include antennae, related equipment, and equipment shelter. 

Sec. 17.  30 V.S.A. § 248a is added to read:

§ 248a.  CERTIFICATE OF PUBLIC GOOD FOR MULTIPLE TELECOMMUNICATIONS FACILITIES

(a)  Notwithstanding any other provision of law, a certificate of public good may be issued by the public service board under this section if the applicant seeks approval for the construction or installation of three or more telecommunications facilities as part of an interconnected network and if the board finds that the facilities will promote the general good of the state consistent with subsection 202c(b) of this title. 

(b)  For the purpose of this section, “telecommunications facility” means any support structure proposed for construction or installation which is primarily for communication purposes and which supports facilities that transmit and receive communication signals for commercial, industrial, municipal, county, or state purposes.

(c)  Before the public service board issues a certificate of public good under subsection (a) of this section, it shall find that the proposed facilities, in the aggregate, will:

(1)  not unduly interfere with the orderly development of the region with due consideration having been given to the recommendations of the municipal and regional planning commissions, the recommendations of the municipal legislative bodies, and the land conservation measures contained in the plan of any affected municipality;

(2)  not have an undue adverse effect on aesthetics, historic sites, air and water purity, the natural environment, and the public health and safety, with due consideration having been given to the criteria specified in subsection 1424a(d) and subdivisions 6086(a)(1) through (8) and (9)(K) of Title 10.

(d)  When issuing a certificate of public good under this section, the board shall give due consideration to the conditions in an existing state or local permit and shall harmonize the conditions in the certificate of public good with the existing permit conditions to the extent feasible. 

(e)  The applicant shall serve written notice of an application filed with the board pursuant to this section to the municipal and regional planning commissions in the communities in which the applicant proposes to construct or install facilities; the secretary of the agency of natural resources; the commissioner of the department of public service and its director for public advocacy; and the landowners of record of property adjoining the project sites.  Upon motion or otherwise, the public service board shall direct that further public or personal notice be provided if the board finds that such further notice will not unduly delay consideration of the merits and that additional notice is necessary for fair consideration of the application. 

(f)  Unless the public service board identifies that an application raises a substantial issue, the board shall issue a final determination on an application filed pursuant to this section within 90 days of its filing or, if the original filing did not substantially comply with the public service board’s rules, within 90 days of the date on which the clerk of the board notifies the applicant that the filing is complete.  If the board rules that an application raises a substantial issue, it shall issue a final determination on an application filed pursuant to this section within 180 days of its filing or, if the original filing did not substantially comply with the public service board’s rules, within 180 days of the date on which the clerk of the board notifies the applicant that the filing is complete.  

(g)  Nothing in this section shall be construed to prohibit any person from executing a letter of intent or entering into a contract before the issuance of a certificate of public good under this section, provided that the obligations under that letter of intent or contract are made subject to compliance with the requirements of this section.

(h)  An applicant using the procedures provided in this section shall not be required to obtain a local zoning permit or a permit under the provisions of chapter 151 of Title 10 for the facilities subject to the application or to a certificate of public good issued pursuant to this section.  Ordinances adopted pursuant to subdivision 2291(19) of Title 24 that would otherwise apply to the construction or installation of facilities subject to section are preempted.  Disputes over jurisdiction under this section shall be resolved by the public service board, subject to appeal as provided by section 12 of this title. 

* * * Role of Electric Utilities * * *

Sec. 18.  ROLE OF VERMONT’S ELECTRIC UTILITIES TO FURTHER
  TELECOMMUNICATIONS DEPLOYMENT THROUGHOUT
  VERMONT

The public service board shall convene a proceeding within 60 days of the effective date of this act to examine regulatory policy regarding the use or role of Vermont’s electric utilities to facilitate deployment of telecommunications infrastructure and services, whether wireless, broadband, or otherwise, throughout the state and take whatever action the board finds is consistent with the public good and within its existing authority. The board shall provide notice of the proceeding to the state’s electric utilities and certificated telecommunications carriers.  The department of public service shall provide a report to the general assembly by January 15, 2008 with the department’s recommendations for any necessary legislative action. 

Sec. 19.  EFFECTIVE DATE

This act shall take effect from passage.

(Committee vote: 11-0-0)

Rep. Lavoie of Swanton, for the Committee on Natural Resources and Energy, recommends the bill ought to pass when amended as recommended by the Committee on Commerce and when further amended as follows:

First:  In Sec. 1, 30 V.S.A. § 8061, by redesignating the final two subsections to be alphabetically correct.
Second:  In Sec. 1, 30 V.S.A. § 8062(b)(5), after the semicolon, by striking the word “and” and in subdivision (6), before the period, by inserting the following:

; and

(7) solicit and consider input from local municipal authorities and regional planning commissions on specific projects the authority plans to undertake

Third:  In Sec. 1, 30 V.S.A. § 8062(c), by striking subdivision (7) and inserting in lieu thereof the following:

(7) to own, acquire, sell, trade, and lease equipment, facilities and other infrastructure that could be accessed and used by multiple service providers, the state and local governments, including fiber optic cables, towers, shelters, easements, rights of way, and wireless spectrum of frequencies; provided that any agreement by the authority to sell infrastructure that is capable of use by more than one service provider shall contain conditions that will ensure continued shared use or co-location at reasonable rates;

Fourth: by striking Sec. 14 in its entirety and inserting in lieu thereof the following:

Sec. 14.  24 V.S.A. § 2291 is amended to read:

§ 2291. ENUMERATION OF POWERS

For the purpose of promoting the public health, safety, welfare and convenience, a town, city or incorporated village shall have the following powers:

* * *

(19)  To regulate the construction, alteration, development, and decommissioning or dismantling of wireless telecommunications facilities and ancillary improvements where the city, town, or village has not adopted zoning or where those activities are not regulated pursuant to a duly adopted zoning bylaw.  Regulations regarding the decommissioning or dismantling of telecommunications facilities and ancillary structures may include requirements that bond be posted, or other security acceptable to the legislative body, in order to finance facility decommissioning or dismantling activities.  These regulations are not intended to prohibit seamless coverage of wireless telecommunications services. With respect to the construction or alteration of wireless telecommunications facilities subject to regulation granted in this section, the town, city, or incorporated village shall vest in its local regulatory authority the power to determine whether the installation of a wireless telecommunications facility, whatever its size, will impose no impact or merely a de minimis impact on the surrounding area and the overall pattern of land development, and if the local regulatory authority, originally or on appeal, determines that the facility will impose no impact or a de minimis impact, it shall issue a permit.  No ordinance authorized by this section may have the purpose or effect of limiting or prohibiting a property owner’s ability to place or allow placement of an antenna used to transmit, receive, or transmit and receive communications signals on that property owner’s premises if the antenna is eight square feet or less on its largest face and if the antenna and the mast to which it is attached do not extend more than 12 feet above the roof of that portion of the building to which the antenna is attached.  The exemption established by the preceding sentence only shall apply to one antenna per building.

Fifth: by striking Sec. 15 in its entirety, and inserting in lieu thereof the following:

Sec. 15.   24 VSA § 4412(8) and (9) are added to read:

  (8) Antennae Exemption.   No bylaw authorized by this chapter may have the purpose or effect of limiting or prohibiting a property owner’s ability to place or allow placement of an antenna used to transmit, receive, or transmit and receive communications signals on that property owner’s premises if the antenna is eight square feet or less on its largest face and if the antenna and the mast to which it is attached do not extend more than 12 feet above the roof of that portion of the building to which the antenna is attached.  This exemption only shall apply to one antenna per building. 

(9)  Administrative review of minor telecommunications facilities.  Bylaws shall provide for permitted use classification of minor facilities used for telecommunications by administrative review of minor installations and modifications, by an officer or entity designated by the municipality, whose decision shall be subject to appeal to the appropriate municipal body. The designated officer or entity, and the appropriate municipal body on appeal, shall approve any application where these modifications or installation will impose no impact or merely de minimis impact on the surrounding area and the overall pattern of land development.  Prior to making an administrative determination, notice of such applications shall be provided to all adjoining landowners, to the appropriate municipal panel, and to the legislative body of the municipality.  Upon making a determination under this subdivision, the designated officer or entity shall provide notice of that determination to all adjoining landowners, to the appropriate municipal panel, and to the legislative body of the municipality.

Sixth:  By striking Sec. 17, in its entirety, and inserting in lieu thereof the following:

Sec. 17.  30 V.S.A. § 248a is added to read:

§ 248a.  CERTIFICATE OF PUBLIC GOOD FOR MULTIPLE TELECOMMUNICATIONS FACILITIES

(a)  Notwithstanding any other provision of law, if the applicant in a single application seeks approval for the construction or installation within three years of three or more telecommunications facilities as part of an interconnected network 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. 

(b)  For the purposes of this section,

     (1)  “Telecommunications facility” means any support structure extending more than 50 feet above the ground that is proposed for construction or installation which is primarily for communications purposes and which supports facilities that transmit and receive communications signals for commercial, industrial, municipal, county, or state purposes.

     (2)  Telecommunications facilities are “part of an interconnected network” if those facilities would allow one or more communications services to be provided throughout a contiguous area of coverage created by means of the proposed facilities or by means of the proposed facilities in combination with other facilities already in existence.

(c)  Before the public service board issues a certificate of public good under this section, it shall find that the proposed facilities, in the aggregate, will:

(1)  not unduly interfere with the orderly development of the region, with substantial deference having been given to the following, unless there is good cause to find otherwise: the recommendations of the municipal and regional planning commissions, the recommendations of the municipal legislative bodies, and the land conservation measures contained in the plan of any affected municipality;

(2)  not have an undue adverse effect on aesthetics, historic sites, air and water purity, the natural environment, and the public health and safety, with due consideration having been given to the criteria specified in subsection 1424a(d) and subdivisions 6086(a)(1) through (8) and (9)(K) of Title 10.

(d)  When issuing a certificate of public good under this section, the board shall give due consideration to all conditions in an existing state or local permit and shall harmonize the conditions in the certificate of public good with the existing permit conditions to the extent feasible.  

(e)  No less than 45 days prior to filing a petition for a certificate of public good under this section, the applicant shall serve written notice of an application to be filed with the board pursuant to this section to the legislative bodies and municipal and regional planning commissions in the communities in which the applicant proposes to construct or install facilities; the secretary of the agency of natural resources; the commissioner of the department of public service and its director for public advocacy; and the landowners of record of property adjoining the project sites.  Upon motion or otherwise, the public service board shall direct that further public or personal notice be provided if the board finds that such further notice will not unduly delay consideration of the merits and that additional notice is necessary for fair consideration of the application. 

(f)  Unless the public service board identifies that an application raises a substantial issue, the board shall issue a final determination on an application filed pursuant to this section within 90 days of its filing or, if the original filing did not substantially comply with the public service board’s rules, within 90 days of the date on which the clerk of the board notifies the applicant that the filing is complete.  If the board rules that an application raises a substantial issue, it shall issue a final determination on an application filed pursuant to this section within 180 days of its filing or, if the original filing did not substantially comply with the public service board’s rules, within 180 days of the date on which the clerk of the board notifies the applicant that the filing is complete.  

(g)  Nothing in this section shall be construed to prohibit any person from executing a letter of intent or entering into a contract before the issuance of a certificate of public good under this section, provided that the obligations under that letter of intent or contract are made subject to compliance with the requirements of this section.

(h)  An applicant using the procedures provided in this section shall not be required to obtain a local zoning permit or a permit under the provisions of chapter 151 of Title 10 for the facilities subject to the application or to a certificate of public good issued pursuant to this section.  Ordinances adopted pursuant to subdivision 2291(19) of Title 24 that would otherwise apply to the construction or installation of facilities subject to section are preempted.  Disputes over jurisdiction under this section shall be resolved by the public service board, subject to appeal as provided by section 12 of this title. 

Seventh:  by adding a new Sec. 19 to read:

Sec. 19.  DEADLINE FOR APPLICATIONS

      Effective July 1, 2010, no new applications for certificates of public good under 30 V.S.A. § 248a may be considered by the board.

And by renumbering the remaining section to be numerically correct.

(Committee vote: 10-0-1)

CONSENT CALENDAR

Concurrent Resolutions for Notice under Joint Rule 16

     The following joint concurrent resolutions have been introduced for approval by the House and Senate and will be adopted automatically unless a Representative or Senator requests floor consideration before the end of the session of the next legislative day.  Requests for floor consideration in either chamber should be communicated to the  House Clerk’s office and/or Secretary’s office, respectively.

 (For text of Resolutions, see Addendum to House and Senate Notice Calendar for Thursday, March 22, 2007)

H.C.R.  74

House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Division I championship girls’ basketball team

 

H.C.R.  75

House concurrent resolution congratulating the 2007 Mt. Anthony Union High School Patriots’ Division I championship boys’ and girls’ Nordic ski teams 

H.C.R.  76

House concurrent resolution honoring the federal TRIO programs in Vermont

H.C.R.  77

House concurrent resolution honoring Deputy Secretary of the Agency of Natural Resources Canute Edward Dalmasse for his outstanding public service on behalf of all Vermonters

H.C.R.  78

House concurrent resolution in memory of George H. Duke of Dummerston

H.C.R.  79

House concurrent resolution congratulating the 2007 Vermont winners of the Prudential Spirit of Community Award

H.C.R. 80

House concurrent resolution in memory of Fletcher Baird Joslin of Waitsfield, former representative and assistant clerk of the house of representatives

H.C.R.  81

House concurrent resolution in memory of Bristol selectboard member Armand Compagna

S.C.R.  12.

Senate concurrent resolution congratulating the 2006 Rutland High School Raiders Division I championship football team.

S.C.R.  13.

Senate concurrent resolution congratulating the 2007 Essex High School Hornets Division I championship boys' ice hockey team.

 

 

SENATE APPROPRIATIONS COMMITTEE

FY 2008 Budget

ADVOCATES TESTIMONY

     On Monday afternoon, March 26 beginning at 3:00 pm, the Senate Appropriations Committee will be taking testimony from advocates regarding the Fiscal Year 2008 Budget in Room 10 of the State House.  To schedule time before the Committee please contact Becky Buck at the Legislative Joint Fiscal Office located at 1 Baldwin Street (phone:  828-5969).  

PUBLIC HEARINGS

     Thursday, March 29, 2007 – Interactive TV Sites:  Bennington, Castleton, Johnson, Lyndonville, Middlebury, Randolph CTR., Springfield, St. Albans, White River Jct. and Williston - - 7:00 – 9:00 PM -  S. 102 and S. 118 Education Cost Containment – Senate Committee on Education (828-5760)

Reports Received

The Clerk of the House has received the following reports, copies of which may be ordered from his office:

95            Catamount Health:  Immunization Study.   Commissioner of Health.  863-7280

96            Vermont State Housing Authority.    828-3295

97            Weighting for Secondary and Elementary Students per Act. 182.  Department of Education.  828-0471

98            Miscellaneous changes to Education Law: Alternative Methods for Computing Education Spending per Act 182.  Department of Education.  828-0472

99            Unidentified Corridors.  (Final Report). Vtrans.  828-3441

100        Implementation of Act 114 at the Vermont State Hospital Report.  Agency of Human Services.  652-2000

101        An analysis of an income-based education property tax for Vermonters.  Prepared by the Joint Fiscal Office.

102        The Vermont Blueprint For Health:  The Chronic Care Initiative Strategic Plan 2005-2006.  VT Dept. of Health.

103        Equipment Revolving Fund Report.  Agency of Administration.  828-3322.

104        Vermont Products & Nutrition Education in Schools.  Agency of Human Services.  241-2220

105        Transportation of Individuals in Custody of the State.  Agency of Human Services.  802-863-7281

106        Blueprint for Health Annual Report.  Agency of Human Services.  802-863-7280

107        Mental Health Oversight Committee 2006 Progress Report.  828-2231

108        Coordinated Healthy Activity, Motivation and Prevention Programs.  Agency of Human Services.  802-863-7281

109        Adult Job Training Funding.  Department of Labor. 828-4000

110        Annual Report of the Vermont Labor Relations Board.  828-2700

111        Aquatic Nuisance Sticker Program.  Agency of Natural Resources.  241-3808

112        Environmental Contingency Fund Status Report.  Agency of Natural Resources.  241-3888

113        Vermont Lottery Annual Report.

114        Orphan Stormwater System Grant Project Status Report.  Department of Environmental Conservation Water Quality Division.  241-3808

115        Next Generation Commission:  Linking Learning to Earning in Vermont.  828-2231

116        Developmental Disability Services Annual Report.  Department of Disabilities, Aging and Independent Living.  241-2648

117        State’s Attorney Executive Director’s Office Annual Report FY2006.  828-2891

 

 

 

 

 

 

 



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