Title 30, Title 30: Public Service

§ 3051. Formation (a) Two or more towns and cities may elect to form a communications union district for the delivery of communications services and the operation of a communications plant, which district shall be a body politic and corporate. (b) A town or city electing to form …

§ 3052. District composition A district formed under this chapter shall be composed of and include all of the lands and residents within a member municipality, and any other town or city subsequently admitted to the district as provided in this chapter except for those towns and …

§ 3053. Creation; duration; noncontestability (a) Following the organizational meeting called for in section 3060 of this chapter, the district’s governing board shall cause to be filed with the Office of the Secretary of State a certificate attesting to the vote conducted under …

§ 3054. District powers (a) In addition to the powers enumerated in 24 V.S.A. § 4866, and, subject to the limitations and restrictions set forth in section 3056 of this chapter, a district created under this chapter shall have the power to: (1) operate, cause to be operated, or c…

§ 3055. Communications plant; sites Each member shall make available for lease to the district one or more sites for a communications plant or components thereof within such member municipality. (Added 2015, No. 41, § 20, eff. June 1, 2015.)

§ 3056. Limitations; taxes; indebtedness (a) Notwithstanding any grant of authority in this chapter to the contrary, a district shall not accept funds generated by a member’s taxing or assessment power. (b) Notwithstanding any grant of authority in this chapter to the contrary, a…

§ 3057. Board authority The legislative power and authority of a district and the administration and the general supervision of all fiscal, prudential, and governmental affairs thereof shall be vested in a legislative body known as the governing board, except as specifically prov…

§ 3058. Board composition The district governing board shall be composed of one representative from each member and one or more alternates to serve in the absence of the designated representative. (Added 2015, No. 41, § 20, eff. June 1, 2015.)

§ 3059. Appointment Annually on or before the last Monday in April, the legislative body of each member shall appoint a representative and one or more alternates to the governing board for one-year terms. Appointments of representatives and alternates shall be in writing, signed …

§ 3060. Organizational meeting Annually, on the second Tuesday in May following the appointments contemplated in section 3059 of this chapter or on a date specified in the district’s bylaws, the board shall hold its organizational meeting. At the meeting, the board shall elect fr…

§ 3061. Quorum For the purpose of transacting business, the presence of delegates or alternates representing more than 50 percent of district members shall constitute a quorum. However, a smaller number may adjourn to another date. Any action adopted by a majority of the votes ca…

§ 3062. Voting Each district member’s delegation shall be entitled to cast one vote. (Added 2015, No. 41, § 20, eff. June 1, 2015.)

§ 3063. Term Unless replaced in the manner provided in section 3059 of this chapter, a representative on the governing board shall hold office until his or her successor is duly appointed. Any representative or alternate may be reappointed to successive terms without limit. (Adde…

§ 3064. Vacancy Any vacancy on the board shall be filled within 30 days after such vacancy occurs by appointment by the authority that appointed the representative or alternate whose position has become vacant. An appointee to a vacancy shall serve until the expiration of the ter…

§ 3065. Rules of procedure Except as otherwise provided by law, or as may be agreed upon by the board, Robert’s Rules of Order shall govern at all meetings. (Added 2015, No. 41, § 20, eff. June 1, 2015.)

§ 3066. Compensation of representatives Each district member may reimburse its representative to the governing board for expenses as it determines reasonable, except as provided in section 3072 of this chapter with respect to district officers. (Added 2015, No. 41, § 20, eff. Jun…

§ 3067. Officers; bond (a) The officers of the district shall be the chair and the vice chair of the board, the clerk of the district, and the treasurer of the district. Prior to assuming their offices, officers may be required to post bond in such amounts as shall be determined …

§ 3068. Clerk The clerk of the district shall be appointed by the board and shall serve at its pleasure. The clerk is not required to be a member of the governing board. The clerk shall have the exclusive charge and custody of the records of the district and the seal of the distr…

§ 3069. Treasurer The treasurer of the district shall be appointed by the board and shall serve at its pleasure. The treasurer shall not be a member of the governing board. The treasurer shall have the exclusive charge and custody of the funds of the district and shall be the dis…

§ 3070. Audit Once the district becomes operational, the board shall cause an audit of the financial condition of the district to be performed annually by an independent professional accounting firm. (Added 2015, No. 41, § 20, eff. June 1, 2015.)

§ 3071. Committees The board has authority to establish one or more committees and grant and delegate to them such powers as it deems necessary. Members of an executive committee shall serve staggered terms and shall be board members. Membership on other committees established by…

§ 3072. Compensation of officers Officers of the district shall be paid from district funds such compensation or reimbursement of expenses, or both, as determined by the board. (Added 2015, No. 41, § 20, eff. June 1, 2015.)

§ 3073. Recall of officers An officer may be removed by a two-thirds vote of the board whenever, in its judgment, the best interests of the district shall be served. (Added 2015, No. 41, § 20, eff. June 1, 2015; amended 2023, No. 85 (Adj. Sess.), § 440, eff. July 1, 2024.)

§ 3074. Fiscal year The fiscal year of the district shall commence on January 1 and end on December 31 of each year, unless otherwise specified in the district’s bylaws. (Added 2015, No. 41, § 20, eff. June 1, 2015; amended 2023, No. 99 (Adj. Sess.), § 5, eff. May 6, 2024.)

§ 3075. Budget (a) Annually, on or before October 21 or on another date specified in the district’s bylaws, the board shall approve and cause to be distributed to the legislative body of each district member for review and comment an annual report of its activities, together with…

§ 3076. Indebtedness The board may borrow money through the issuance of notes of the district for the purpose of paying current expenses of the district. Such notes shall mature within one year, and may be refunded in the manner provided by law, and shall be payable solely from t…

§ 3077. Pledge of revenues (a) When the board, at a regular or special meeting called for such purpose, determines by resolution passed by a vote of a majority of members present and voting that the public interest or necessity demands communications plant improvements, or a long…

§ 3078. Sinking and reserve funds (a) The board may establish and provide for sinking and reserve funds, however denominated, for the retirement and security of pledges of communications plant net revenue, or for long-term contracts. When so established, such funds shall be kept …

§ 3079. Service fees The board may from time to time establish and adjust service, subscription, access, and utility fees for the purpose of generating revenues from the operation of its communications plant. (Added 2015, No. 41, § 20, eff. June 1, 2015.)

§ 3080. Special meetings (a) The board may call a special meeting of the district when it deems it necessary or prudent to do so and shall call a special meeting of the district when action by the voters is necessary under this chapter. In addition, the board shall call a special…

§ 3081. Withdrawal of a member municipality A district member may withdraw from the district upon the terms and conditions specified in this section: (1) Prior to the district pledging communications plant net revenues, or entering into a long-term contract, or contract subject t…

§ 3082. Admission of district members The board may authorize the inclusion of additional district members in the communications union district upon such terms and conditions as it in its sole discretion shall deem to be fair, reasonable, and in the best interests of the district…

§ 3082a. Merger (a) Authority. Notwithstanding 24 V.S.A. chapter 49, a district may merge with one or more other districts as provided in this section. Such merger shall include all member municipalities of each of the merging districts. Section 3053 of this chapter applies to a …

§ 3083. Dissolution (a) If the board by resolution approved by two-thirds of all the votes entitled to be cast determines that it is in the best interests of the public, the district members, and the district that such district be dissolved, and if the district then has no outsta…

§ 3084. Confidentiality; legislative intent (a) The purpose of this section is to clarify that any records or information produced or acquired by a district that are trade secrets or confidential business information shall be exempt from public inspection and copying pursuant to …

§ 3085. Certificate of good standing (a) A district may apply to the Secretary of State for a certificate of good standing. (b) A certificate of good standing shall include: (1) the official name of the district; (2) that the district is duly formed pursuant to this chapter; (3) …

§ 4001. Definitions As used in this chapter, unless the context otherwise requires: (1) “Cooperative” means a corporation organized under, or otherwise subject to, chapter 81 of this title. (2) “Electric facilities” means any facilities necessary or incidental to the generation o…

§ 4002. Agreements by cooperatives and municipal electric utilities Any cooperative or municipal electric utility shall have: (1) authority to participate with other utilities in entering into agreements for the planning, financing, acquisition, construction, ownership, operation…

§ 4002a. All requirements contracts (a) For purposes of this section, and subdivisions 4002(6) and 5012(15) of this title, the term “all requirements service” shall mean service pursuant to a contract by which the Vermont Public Power Supply Authority assumes responsibility for p…

§ 4003. Implementing powers Without limiting the general scope and application of section 4002 of this chapter, each participating utility shall have the right and power: (1) To use its means and assets for the purposes of exercising the authority granted by section 4002 of this …

§ 4004. Taxes Electric facilities constructed or otherwise acquired under the terms of this chapter shall be subject to taxation by the municipality within which the same are located in the same manner as like facilities privately owned. (Added 1977, No. 97.)

§ 4005. Insurance Each participating utility shall have the right and power to enter into contracts or specialized insurance appertaining to property and risks in connection with an incident to the ownership, operation, and maintenance of electric facilities, in addition to the u…

§ 4006. Construction of chapter Notwithstanding any other provision of this chapter, nothing in this chapter shall have the effect of, or be construed as, altering, amending, or repealing the statutory purposes provided for by any statute enacted by the General Assembly of Vermon…

§ 4007. Severability If any provision of this chapter or the application thereof to any person or circumstance shall be held to be invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances shall not be affected thereby, and to …

§ 5001. Definitions In this chapter, the following words and terms, unless the context clearly indicates a different meaning, shall have the following meaning: (1) “Authority” means the Vermont Public Power Supply Authority created by this chapter. (2) “Cooperative” means a corpo…

§ 5011. Creation of Vermont Public Power Supply Authority (a) Vermont Public Power Supply System, Inc., a corporation formed under the provisions of subdivision 4003(4) of this title, is hereby declared and established to be a body politic and corporate with duties and powers as …