Title 30, Title 30: Public Service

§ 2921. Effect on special legislation All acts or parts of acts authorizing a particular municipality to construct or acquire or maintain or operate a municipal plant shall not be repealed by the provisions of this chapter.

§ 2922. Other municipalities Notwithstanding any other provisions of this chapter, after any part of this chapter takes effect, no municipality operating an electric plant or distribution system, whether under authorization of this chapter or any other general law or special act,…

§ 2923. Rate of return (a) In determining rates charged by a municipal plant, the Public Utility Commission shall allow, in addition to all other factors, a reasonable rate of return on capital investments. The return shall be commensurate with that permitted private utilities ha…

§ 2924. Approval by voters of municipality (a) With respect to matters not subject to section 248 of this title, a municipal department established under this chapter or local charter shall obtain the approval of the voters of the municipality before in any way: (1) purchasing el…

§ 2925. Conservation and load management (a) Municipal electric utilities may expend their funds, including the proceeds of their notes, bonds, or other obligations, for the purposes of modifying demand for electric capacity or energy through conservation or load management by pa…

§ 3001. Definitions As used in this chapter, unless the context otherwise requires, the following words shall have the following meanings: (1) “Cable television” means cable television system as defined in chapter 13 of this title. (2) “Community development” means the economic a…

§ 3001a. Purpose A cooperative may be organized under this chapter for the purpose of creating or supplying energy, cable television, telecommunications, interactive media, and internet access and facilitating and extending the use thereof, and in addition, any other lawful busin…

§ 3002. Powers A cooperative shall have power: (1) To sue and be sued in its corporate name. (2) To have perpetual existence. (3) To adopt a corporate seal and alter the same. (4) To generate, manufacture, purchase, acquire, accumulate, and transmit electric energy; and to distri…

§ 3002a. Obligations treated as expenses The obligations of any cooperative under any contract authorized under section 3002 of this title shall not be deemed to constitute an indebtedness or a lending of credit of the cooperative, but shall be treated as expenses of operating an…

§ 3003. Name The name of a cooperative governed by this chapter shall include the words “utility” or “energy” or a word designating any specific form of energy such as “electric,” “propane,” or “natural gas” and “cooperative” and the abbreviation “inc.” unless, in an affidavit ma…

§ 3004. Organization; members Five or more natural persons, a majority of whom are residents of this State, or two or more cooperatives, may organize a cooperative in the manner provided in this chapter. (Amended 2023, No. 85 (Adj. Sess.), § 416, eff. July 1, 2024.)

§ 3005. Articles of incorporation, contents Articles of incorporation of a cooperative shall recite that they are executed pursuant to this chapter and shall state: (1) the name of the cooperative; (2) the address of its principal office; (3) the names and addresses of the incorp…

§ 3006. Bylaws The board of directors shall adopt bylaws of a cooperative to be adopted following an incorporation, conversion, merger, or consolidation. Thereafter the members shall adopt, amend, or repeal the bylaws pursuant to the provisions thereof but in no case by the vote …

§ 3007. Members, qualifications Each incorporator of a cooperative shall be a member thereof, but no other person may become a member thereof unless such other person uses electric energy or other services, goods, or products furnished by the cooperative when they are made availa…

§ 3008. Meetings An annual meeting of the members of a cooperative shall be held at such time and place as shall be provided in the bylaws. Special meetings of the members may be called by the president, by the board of directors, by three directors, or by not less than 10 percen…

§ 3009. Notice of meeting Except as otherwise provided in this chapter, written or printed notice stating the time and place of each meeting of the members, and, in the case of a special meeting, the purpose or purposes for which the meeting is called, shall be given to each memb…

§ 3010. Members necessary for quorum Unless the bylaws prescribe the presence of a greater percentage or greater number of members for a quorum, a quorum for the transaction of business at all meetings of the members of a cooperative having not more than 1,000 members, shall be 1…

§ 3011. Voting Each member shall be entitled to one vote on each matter submitted to a vote at a meeting of the members. Voting shall be in person, but if the bylaws so provide, may also be by proxy, by mail, telephonically, or electronically. If the bylaws provide for voting by …

§ 3012. Notice; waiver A person entitled to notice of a meeting may waive the notice in writing either before or after the meeting. If the person shall attend the meeting, attendance shall constitute a waiver of notice of the meeting, unless the person participates solely to obje…

§ 3013. Directors, qualifications The business of a cooperative shall be managed by a board of not less than five directors, each of whom shall be a member of the cooperative or of another cooperative that is a member thereof, shall not be an employee of the cooperative, and shal…

§ 3014. Election and term of office (a) The bylaws of a cooperative shall determine the method of election and term of office of the directors. (b) Existing bylaws shall govern until duly amended. Those cooperatives that have in the past in compliance with their bylaws elected th…

§ 3016. Districts The bylaws may provide for the division of the territory served or to be served by a cooperative into two or more districts for any purpose, without limitation, the nomination and election of trustees and the election and functioning of district delegates. In su…

§ 3017. Officers, duties The officers of a cooperative shall consist of a president, vice president, secretary, and treasurer, who shall be elected annually by and from the board of directors. When a person holding office ceases to be a director, he or she shall cease to hold suc…

§ 3018. Amendment of articles A cooperative may amend its articles of incorporation by complying with the following requirements: The proposed amendment shall be presented to a meeting of the members, the notice of which shall set forth or have attached to it the proposed amendme…

§ 3019. Location of office Upon authorization of its board of trustees or its members, a cooperative may change the location of its principal office by filing in the office of the Secretary of State a certificate reciting such change of principal office, executed and acknowledged…

§ 3020. Consolidation Two or more cooperatives licensed in this State under this law, each of which is designated a “consolidating cooperative,” may consolidate into a new cooperative, designated the “new cooperative,” by complying with the following requirements: (1) The proposi…

§ 3021. Merger; requirements One or more cooperatives, each of which is designated a “merging cooperative,” may merge into another cooperative, designated the “surviving cooperative,” by complying with the following requirements: (1) The proposition for the merger of the merging …

§ 3022. Effect In the case of a consolidation, the separate existence of the consolidating cooperatives shall cease and the articles of consolidation shall be deemed to be the articles of incorporation of the new cooperative. In the case of a merger, the separate existence of the…

§ 3023. Transfer of rights and liabilities All the rights, privileges, immunities, and franchises and all property, real and personal, including applications for membership, all debts due on whatever account, and all other choses in action, of each of the consolidating or merger …

§ 3024. Responsibilities for liabilities transferred The new or surviving cooperative shall be responsible and liable for all the liabilities and obligations of each of the consolidating or merging cooperatives and a claim existing or action or proceeding pending by or against a …

§ 3025. Creditors’ rights not impaired by merger Neither the rights of creditors nor liens upon the property of such cooperatives shall be impaired by such consolidation or merger.

§ 3026. Private corporation; change A corporation organized under the laws of this State and supplying or authorized to supply energy may be converted into a cooperative by complying with the following requirements and shall become subject to this chapter with the same effect as …

§ 3027. Dissolution—Cooperative not commencing business A cooperative that has not commenced business may be dissolved by delivering to the Secretary of State a certificate of dissolution, which shall be executed and acknowledged on behalf of the cooperative by a majority of the …

§ 3028. Dissolution of cooperatives A cooperative that has commenced business may be dissolved in the following manner: The members at a meeting shall approve, by the affirmative vote of not less than two-thirds of the members voting a meeting, a proposal that the cooperative be …

§ 3029. Papers filed Articles of incorporation, amendment, consolidation, merger, conversion, or dissolution, when executed and acknowledged and accompanied by affidavits as may be required by applicable provisions of this chapter, shall be filed with the Secretary of State. If t…

§ 3030. Revenues; use of Revenues of a cooperative for a fiscal year in excess of the amount thereof necessary: (1) To defray the expenses of the operation and maintenance of the facilities of the cooperative during such fiscal year. (2) To pay interest and principal obligations …

§ 3031. Mortgage and investment (a) The board of directors of a cooperative shall have full power and authority, without authorization by the members, to authorize the execution and delivery of a mortgage or mortgages or a deed or deeds of trust of, or the pledging or encumbering…

§ 3032. Sale or lease of assets A cooperative may not sell, lease, or otherwise dispose of all or a substantial portion of its property unless such sale, lease, or other disposition is authorized by the affirmative vote of not less than a majority of all the members of the cooper…

§ 3033. Personal liability A member shall not be liable or responsible for debts of the cooperative and the property of the members shall not be subject to attachment or execution. (Amended 2023, No. 85 (Adj. Sess.), § 428, eff. July 1, 2024.)

§ 3034. Mortgages; filing A mortgage, deed of trust, or other instrument executed by a cooperative or foreign corporation doing business in this State pursuant to this chapter, which affects real and personal property and which is recorded in the town in which such property is lo…

§ 3035. Safety standards As a minimum requirement for any activity authorized by this chapter, the cooperative shall adhere to all applicable federal, State, or local safety codes, regulations, or standards. (Amended 1999, No. 143 (Adj. Sess.), § 23.)

§ 3036. Acknowledgments, members authorized A person who is authorized to take acknowledgments under the laws of this State shall not be disqualified from taking acknowledgments of instruments executed in favor of a cooperative or to which it is a party, by reason of being an off…

§ 3037. Foreign companies; service of process A foreign nonprofit or cooperative corporation supplying or authorized to supply electric energy and owning or operating electric transmission or distribution lines in an adjacent state, prior to March 26, 1943, may construct or acqui…

§ 3038. Fees (a) There shall be paid to the Secretary of State fees for filing as follows: (1) Articles of incorporation, $15.00; (2) Articles of amendment, $10.00; (3) Articles of consolidation or merger, $15.00; (4) Articles of conversion, $10.00; (5) Certificate of election to…

§ 3041. Securities Act The provisions of 9 V.S.A. chapter 131 shall not apply to a note, bond, or other evidence of indebtedness issued by a cooperative or foreign corporation doing business in this State pursuant to this chapter, to the United States of America or an agency or i…

§ 3042. Annual reports Each cooperative formed under the provisions of this chapter shall prepare and submit to its annual meeting a report containing the name of the cooperative, its principal place of business, a general statement of its business operations during the fiscal ye…