29 V.S.A. | Title 29 — Public Property and Supplies

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Chapter 1 State Buildings and Equipment

§ 1 Ownership of State buildings and equipment

The State House and the public buildings in Montpelier or elsewhere, erected or owned by the State, together with the books, furniture, equipment, paintings, statuary, and every other thing with which such house or buildings are furnished, ornamented, or supplied, shall be the property of the State.

§ 2 Repealed

[Repealed]

1959, No. 328 (Adj. Sess.), § 35(c).

§ 3 Employees of Commissioner of Buildings and General Services

With the approval of the Governor, the Commissioner of Buildings and General Services may employ at all times such help and assistance as he or she shall deem necessary for the care and upkeep of the State Capitol and other administration buildings and of all other State property committed to his or her charge by law or custom. With the approval of the Governor, he or she shall fix the compensation and the term of service of all such employees unless otherwise provided by law.

(Amended 1959, No. 328 (Adj. Sess.), § 11(a); 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984.)

§ 4 Civil action for damages

When damage is done to the public buildings of the State or to the furniture or appurtenances connected therewith, the State official responsible for repair shall cause such damage to be repaired and shall immediately cause an action on this statute to be instituted in the name of the State for the recovery of such damage, with full costs, against the person doing or causing it.

(Amended 1959, No. 328 (Adj. Sess.), § 11(b); 1971, No. 213 (Adj. Sess.), § 5, eff. April 3, 1972.)

§ 5 Regulation of soliciting and advertising in State House

A person may not distribute any advertising matter or solicit any subscription on the grounds of the State House or in other buildings owned or leased by the State, except under such regulations as shall be prescribed by the Commissioner of Buildings and General Services. In the case of the interior of the State House, the regulations shall be prescribed by the Sergeant at Arms. A person who violates a provision of this section shall be fined not more than $25.00 for each offense. This section shall not apply to organized charitable campaigns authorized by the Governor and a committee appointed by the Governor.

(Amended 1959, No. 328 (Adj. Sess.), § 11(c); 1971, No. 213 (Adj. Sess.), § 6, eff. April 3, 1972; 1977, No. 109, § 28, eff. July 3, 1977; 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984.)

§ 6 Visitors to State House grounds

Except when the Legislature is in session and the Sergeant at Arms is in control of admission of persons to the State House, at such time as he or she deems proper and expedient, the Commissioner of Buildings and General Services shall admit visitors to the State House grounds.

(Amended 1959, No. 328 (Adj. Sess.), § 11(d); 1971, No. 213 (Adj. Sess.), § 7, eff. April 3, 1972; 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984.)

§ 7 Repealed

[Repealed]

2017, No. 111 (Adj. Sess.), § 7.

§§ 8-10 Repealed

[Repealed]

1959, No. 328 (Adj. Sess.), § 35(c).

Chapter 2 Art in State Buildings

§ 41 Purpose and intent

(a) Purpose. The State of Vermont recognizes that public art improves the character and quality of State buildings; enhances the workplace of State employees by creating an environment of distinction, enjoyment, and pride; and adds value to the cultural, aesthetic, and economic vitality of the State.

(b) Intent. It is the intent of the General Assembly to support Vermont artists and the benefits of public art by providing ongoing funding for the commissioning of works of art for installation in State buildings and facilities.

(Added 2023, No. 50, § 2, eff. June 6, 2023.)

§ 42 Definitions

As used in this chapter:

(1) “Addition” means any new construction that increases the height or floor area of an existing building or facility.

(2) “Art selection panel” means a Council-appointed group of individuals consisting of the Department of Buildings and General Services project manager, the project architect, a representative or representatives from the occupant agency or agencies, the community, and arts professionals who forward recommendations of artwork to the Advisory Committee for final approval.

(3) “Commissioner” means the Commissioner of Buildings and General Services.

(4) “Contracting agency” means the administrative unit of State government responsible for securing the preparation of plans and specifications of a State building or facility for the purpose of negotiating or advertising for bids for the construction of such building or facility.

(5) “Council” means the Vermont Council on the Arts, Inc.

(6) “Mixed media” means any combination of two or more types of materials used to create a single work of art in two or three dimensions.

(7) “Occupant agency” means that public entity that has or will have principal authority to use or occupy a public building.

(8) “Project cost” means the budgeted cost of a construction or renovation project, which may include an addition, excluding the cost of design and of land acquisition or land improvement.

(9) “Project site” means any State building or facility undergoing new construction or renovation, which may include an addition, with a total project cost of $1,000,000.00 or more that is funded from an appropriation or appropriations in one or more capital construction act and has been recommended for consideration by the Commissioner pursuant to this chapter.

(10) “State building or facility” means any State building, facility, permanent structure, park, or appurtenant structure thereof, wholly or partially enclosed, owned or leased by State government, that is to be constructed or renovated, which may include an addition, in part or totally with funds from any appropriation from the capital construction act. The term does not include highways, airport runways, or taxi ways, hangars, railroad tracks, sidings or yards, garages, sheds, warehouses, heating plants, sewers, parking lots, bridges, highway garages, or buildings used for storage or that are of a temporary nature. The term does not include buildings or facilities owned by units of local government, including school districts.

(11) “Work of art” means an original creation of visual art in sculpture, paintings, graphic arts, mosaics, photography, crafts, calligraphy, mixed media, or any other creation that the Advisory Committee deems a visual art. Works of art may be attached to the structure of a State building or facility or may be detached within or outside the structure.

(Added 2023, No. 50, § 2, eff. June 6, 2023.)

§ 43 Art in State Buildings Program

(a) Program established. There is established the Art in State Buildings Program to authorize the State to fund and contract for the design, purchase, commission, fabrication, installation, and integration of permanent works of art during the design of new construction or renovation, which may include an addition, of State buildings and facilities. Works of art may be donated to the Program pursuant to the guidelines established in subdivision (b)(2) of this section, provided the donation meets the purpose and intent of the Program as described in section 41 of this chapter.

(b) Administration.

(1) The Vermont Council on the Arts, in coordination with the Department of Buildings and General Services and the Art in State Buildings Advisory Committee, shall administer the Program.

(2) The Commissioner of Buildings and General Services shall establish procedures to administer this chapter, including procedures for communicating with artists interested in donating works of art to the Program and the acceptance of donated works of art to the Program, pursuant to the requirements of 32 V.S.A. § 5.

(3) The Council shall establish contract procedures for commissioning with artists for the design and creation of works of art.

(1) On or before July 1 each year, the Commissioner of Buildings and General Services shall recommend to the Council project sites for consideration under this chapter for the installation of artwork. In recommending a project site to the Council, the Commissioner shall give priority to buildings and facilities that are frequently visited by members of the public.

(2) The Commissioner and the Council shall present the recommendations to the Art in State Buildings Advisory Committee for final approval.

(d) Project design.

(1) Upon final selection for any approved project site, the contracting agency, in coordination with the Department of Buildings and General Services, shall:

(A) notify the architect of the provisions of this chapter, including the architect’s participation on the art selection panel; and

(B) notify the Commissioner and the Council of the selection of the architect and the details of the project.

(2) The Commissioner of Buildings and General Services shall:

(A) ensure that, early in the building design phase, the architect will discuss the potential placement and form of artwork with the art selection panel and the selected artist, and that bid specifications will inform potential contractors of the artwork to be installed in the building or facility; and

(B) assist occupant and contracting agencies in locating liability insurance for artwork when necessary.

(e) Artist selection process.

(1) Upon final approval of any project site by the Advisory Committee pursuant to subdivision (c)(2) of this section, the Council shall facilitate a process with the appointed art selection panel that will result in a recommendation of an artist or artist team for each project selected for installation of artwork. Priority in acquisitions and commissions of works of art shall be given to Vermont artists.

(2) The artist or artist team shall collaborate with the design team and the art selection panel during the initial design phase of the project.

(3) The Council shall arrange contracts with artists and order payments from the Art Acquisition Fund for the design and fabrication of such works of art.

(f) Installation of works of art. The Commissioner of Buildings and General Services and the Council shall review the final installation and placement of works of art.

(g) Ownership of works of art. The State of Vermont shall be the sole owner of all works of art acquired or commissioned through the Program. Title shall vest in the State upon completion of installation and final acceptance of the work of art.

(Added 2023, No. 50, § 2, eff. June 6, 2023.)

§ 44 Advisory Committee

(a) Establishment. There is established the Art in State Buildings Advisory Committee to oversee the administration of the Program.

(b) Members. The Advisory Committee shall consist of the following or designee:

(1) the Commissioner of Buildings and General Services;

(2) the Director of the Arts Council;

(3) the Chairs of the House Committee on Corrections and Institutions and the Senate Committee on Institutions;

(4) the State Curator; and

(5) the Chair of the Vermont Board of Architects.

(1) provide final approval of project sites and works of art; and

(2) establish guidelines for the selection, acquisition, and commission of works of art.

(d) Compensation and reimbursements. Legislative members of the Committee shall be entitled to per diem compensation and expense reimbursement for attending Committee meetings pursuant to the provisions of 2 V.S.A. § 23.

(Added 2023, No. 50, § 2, eff. June 6, 2023.)

§ 45 Art Acquisition Fund

(a) Creation. The Art Acquisition Fund, administered by the Council, is created to finance the design, construction, integration, and purchase or commissioning of works of art for the Art in State Buildings Program.

(b) Source of funds. The Fund shall be composed of any amounts transferred or appropriated to it by the General Assembly.

(c) Use of funds. Amounts in the Fund shall be expended upon order of the Council for the acquisition or commissioning of works of art and administration of the Program.

(d) Fund balances. Any balance remaining at the end of the fiscal year shall remain in the Fund.

(e) Administration costs. In each fiscal year, the Council may use not more than 15 percent of funds transferred or appropriated to the Fund for the expenses of administering this chapter.

(f) Funding requests. The Commissioner of Buildings and General Services shall include in the Department’s proposed biennial capital budget request, as described in 32 V.S.A. § 310, a separate line item of not less than $75,000.00 in any single fiscal year for the Art Acquisition Fund.

(Added 2023, No. 50, § 2, eff. June 6, 2023.)

Chapter 2A Definitions

§ 51 Repealed

[Repealed]

2003, No. 121 (Adj. Sess.), § 41, eff. June 8, 2004.

Chapter 3 Gifts, Sale or Lease of Public Property

§§ 101, 102 Repealed

[Repealed]

1977, No. 247 (Adj. Sess.), § 195.

§§ 103-105 Redesignated

[Redesignated]

[Repealed]

Chapter 5 Department of Buildings and General Services

§ 151 Repealed

[Repealed]

1987, No. 243 (Adj. Sess.), § 32(1), eff. June 13, 1988.

§ 152 Duties of Commissioner

(a) The Commissioner of Buildings and General Services, in addition to the duties expressly set forth elsewhere by law, shall have the authority to:

(1) Be responsible for the administration of the Department.

(2) [Repealed.]

(3) Prepare or cause to be prepared plans and specifications for construction and repair on all State-owned buildings:

(A) For which the General Assembly or the Emergency Board has made specific appropriations. In consultation with the department or agency concerned, the Commissioner shall select sites, purchase lands, determine plans and specifications, and advertise for bids for the furnishing of materials and construction thereof and of appurtenances thereto. The Commissioner shall determine the time for beginning and completing the construction. Any change orders occurring under the contracts let as the result of actions previously mentioned in this section shall not be allowed unless they have the approval of the Secretary of Administration.

(B) For which no specific appropriations have been made by the General Assembly or the Emergency Board. The Commissioner may, with the approval of the Secretary of Administration, acquire an option on an individual property without prior legislative approval, for a price not to exceed five percent of the listed sale price of the property, provided the option contains a provision stating that purchase of the property shall occur only upon the approval of the General Assembly and the appropriation of funds for this purpose. The State Treasurer is authorized to advance a sum not to exceed five percent of the listed sale price of the property, upon warrants drawn by the Commissioner of Finance and Management for the purpose of purchasing an option on a property pursuant to this subdivision.

(C) For which the Department of Buildings and General Services is granted a right of first refusal. The Commissioner may, with the approval of the Secretary of Administration, enter into an agreement that grants the Department of Buildings and General Services a right of first refusal to purchase property, provided that the right of first refusal contains a provision stating that the purchase of the property shall occur only upon the approval of the General Assembly.

(4) Supervise construction, improvement, repair, alteration, demolition, and replacement of and addition to State buildings, structures, and facilities when the estimated cost thereof exceeds $3,000.00 except as provided in subdivision (3) of this subsection, and highways as defined in 1 V.S.A. § 119 and aeronautics facilities. The Commissioner shall supervise the maintenance of all State buildings.

(5) [Repealed.]

(6) Determine the necessity of repairs and replacements to all State-owned buildings and cause urgent repairs and replacements to be accomplished if within the limits of specific appropriations or if approved by the Emergency Board. Urgency of the repairs, maximum need for the building, and appropriations available shall be the determining factors in deciding priority of repairs and replacements. When the Commissioner determines that repairs and replacements should be made, the Commissioner shall so report in writing to the department or agency having control of the building, and the Commissioner shall request written authorization from the head of that department or agency to initiate the action necessary to accomplish the repairs or replacements. The Commissioner shall forward a copy of his or her recommendations to the Secretary of Administration when the Commissioner considers the repairs or replacements recommended by the Commissioner to be urgent whenever the department or agency controlling the building has failed to request initiation of action within a reasonable time after the Commissioner’s second recommendation of action.

(7) [Repealed.]

(8) Employ such architectural and other professional assistance as he or she deems necessary in the performance of his or her duties. Before employing architectural and other professional assistance, the Commissioner shall give reasonable public notice of his or her intention to employ such assistance so as to allow full opportunity for any qualified expert to offer his or her services, and the Commissioner shall employ that architect or expert whose service will be in the best interests of the State.

(9) This section shall not apply to State-owned buildings under the jurisdiction and control of the Department of Forests, Parks and Recreation; the Department of Fish and Wildlife; the Military Department; and property at State airports under the jurisdiction of the Agency of Transportation. However, the Governor, by executive order, may place under the supervision of the Commissioner of Buildings and General Services specified buildings or classes of buildings under the jurisdiction and control of the Departments named.

(10) [Repealed.]

(11) For State-owned buildings and structures that are under the jurisdiction of the Historic Preservation Division as historic sites, the Director of Historic Preservation shall have jurisdiction over determining maintenance and restoration to be done, and the Commissioner of Buildings and General Services shall have jurisdiction over budgeting for and accomplishing the same.

(12) The Commissioner of Buildings and General Services may contract, after competitive bidding, for custodial and other maintenance services. No employee will be laid off or otherwise be removed from employment as a result of contracting out except in circumstances where the work is beyond the capacity of State employees, or that the work or program can be performed more economically under an outside contract, or that an outside contractor has management techniques, equipment, or technology that will result in better public service and increased productivity.

(13) Ensure that electric heat for space heating is not used in new State buildings or in the reconstruction of State buildings, except where it is cost effective to do so on a life cycle cost basis. The Commissioner shall develop a work plan to phase out the existing use of electric heat in State buildings, where it is cost effective to do so on a life cycle cost basis, and shall include in the annual budget requests to the General Assembly work plans and budgets to accomplish this phase-out in a timely fashion.

(14) Adopt rules to govern access to and conduct upon the grounds of and within the structures and buildings that fall within his or her jurisdiction. Specifically, and without limitation of the foregoing, the Commissioner is empowered to adopt rules governing access to property; littering; alcoholic beverages and narcotics; soliciting, debt collection, and campaigning; photographs for advertising or commercial purposes; pets and animals; and firearms and explosives while in State buildings under his or her jurisdiction or upon the grounds of these buildings, and in or upon property leased to the State and under the jurisdiction of the Commissioner.

(15) Consult with the Secretary of Education, when requested by the Secretary, concerning school construction projects.

(16) Allocate, at the Commissioner’s discretion, funds from projects appropriated to the Department of Buildings and General Services by any capital construction act adopted pursuant to 32 V.S.A. § 701a to contract for the services of engineers, architects, and other consultants required to complete projects authorized in such a capital construction act and under the jurisdiction of the Commissioner. The authorization of this subdivision shall not abrogate the authority of the Commissioner to postpone projects authorized by such a capital construction act if the best interests of the State would be served thereby.

(17) Manage and expend all appropriations made in each annual capital construction act to the Department of Buildings and General Services under chapter 5 of this title. However, the Commissioner of Buildings and General Services may, with the approval of the Secretary of Administration, direct the Commissioner of Finance and Management to issue a warrant to pay the amount of any appropriation designated for use by an entity not affiliated with the Executive Branch directly to such entity.

(18) Postpone any project authorized by an annual capital construction act under the authority of or funded through the Department of Buildings and General Services if, due to financial or economic conditions, the best interests of the State will be served by postponement.

(19) Transfer any unexpended project balances between projects that are authorized within the same section of a biennial capital construction act.

(20) Transfer any unexpended project balances between projects that are authorized within different capital construction acts, with the approval of the Secretary of Administration, when the unexpended project balance does not exceed $200,000.00, or with the additional approval of the Emergency Board when such balance exceeds $200,000.00.

(21) Cancel any authorized project if, due to financial or economic conditions, the best interests of the State will be served by cancellation, if approved by the Secretary of Administration, and postpone any authorized project if, due to financial or economic conditions, the best interests of the State will be served by postponement.

(22) Use the contingency fund appropriation to cover shortfalls for any project approved in any capital construction act; however, transfers from the contingency in excess of $100,000.00 shall be done with the approval of the Secretary of Administration.

(23) With the approval of the Secretary of Administration, transfer during any fiscal year to the Department of Buildings and General Services for use only for major maintenance within the Capitol Complex in Montpelier any unexpended balances of funds appropriated in any capital construction act for any Executive or Judicial Branch project, excluding any appropriations for State grant-in-aid programs, which is completed or substantially completed as determined by the Commissioner. On or before January 15 of each year, the Commissioner shall report to the House Committee on Corrections and Institutions regarding all transfers and expenditures made pursuant to this subdivision. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subdivision.

(24) Accept from the Federal Emergency Management Agency (FEMA) hazard mitigation grants on behalf of the State on an as-needed basis, or accept from any municipality any funds received by the municipality from FEMA. This authority is intended to permit the State to assist towns in certain situations by taking advantage of federal money in order to avoid depletion of State resources.

(25) Transfer any unexpended project balances from previous capital construction acts for the purpose of emergency projects not authorized in a capital construction act in an amount not to exceed $100,000.00, provided the Commissioner shall send timely written notice of such expenditures to the Chairs of the House Committee on Corrections and Institutions and the Senate Committee on Institutions.

(26) Be available to consult with and share the Department’s expertise with school districts regarding the design, construction, or purchase of any new buildings or alterations of existing buildings in connection with any career technical center receiving funding under Title 16. The Commissioner, in collaboration with the Secretary of Education, shall periodically update the standards developed pursuant to 2000 Acts and Resolves No. 148, Sec. 44.

(27) After consulting with the State Treasurer to determine the effect of the contract on the State’s debt and reviewing the creditworthiness of the company with which the State proposes to contract, and with the approval of the Emergency Board, enter into multiyear contracts with energy service companies or third-party leasing companies for energy efficiency and fuel switching improvements to State facilities, the cost of which will be recovered through the avoided fuel, utility, operating, and maintenance costs resulting from the improvements. Improvements must within 20 years achieve savings sufficient to cover their costs.

(28) With the approval of the Emergency Board, enter into performance contracts with private sector providers to create energy-smart State buildings and facilities primarily through revised operating strategies that will result in operating cost savings. The Commissioner shall work with private energy contractors and utilities companies to develop a plan to conduct energy audits, analyze the State’s energy needs, improve purchasing procedures to speed the conversion to new technology, and develop revised operating strategies to identify the best use of the latest energy-saving technology.

(29) When purchasing land for new State highway garages and other transportation buildings, as well as other State buildings on major highways in the State, the Commissioner, in consultation with the Secretary of Transportation, shall consider purchasing additional land suitable for park-and-ride facilities.

(30) Provide services to the traveling public, lease space, sell products, and conduct any other activities within limits set forth in the federal Surface Transportation Act and Randolph-Sheppard Act and rules adopted thereunder, to administer the information and welcome centers, and use funds generated in the centers to supplement funds for maintaining and operating the centers.

(31) Receive payments from vendors through the Real-Time Demand Response Program. The Commissioner may contract with third-party brokers or directly with independent system operators to generate or to reduce electrical demand, or both, for State-owned facilities in return for payments to the State that shall be retained by the Facilities Operations Revolving Fund established in section 160a of this title.

(32) Accept funds and other contributions for State House renovations and restorations; educational, interpretive, and curatorial projects; and acquisition of historic furnishings, fixtures, and works of art for projects that pertain to the State House.

(33) Accept grants of funds, equipment, and services from any source, including federal appropriations, for the installation, operation, implementation, or maintenance of energy conservation measures or improvements at State buildings, provided that the Commissioner shall report receipt of a grant under this subdivision to the Chairs of the House Committee on Corrections and Institutions and the Senate Committee on Institutions.

(34) Sell thermal energy to the City of Montpelier at a price set by the Commissioner.

(35) Accept from the Department of Public Service, the City of Montpelier, or other entity grant funds for renovations to the Capital District Heat Plant.

(b) The Commissioner of Buildings and General Services shall:

(1) Prior to transfer of unexpended balances between projects under the provisions of this section or another provision of law, consult with the State Treasurer and the Commissioner of Finance and Management to determine that such transfer does not adversely affect the exclusion from gross income of the interest on the bonds from which such unexpended proceeds are derived, pursuant to Section 103 of the Internal Revenue Code of 1986 or any corresponding Internal Revenue Code section of the United States, as from time to time amended. The Commissioner shall notify the State Treasurer within 30 days of the postponement of any authorized projects for which bonds have been issued.

(2) Consult with the State Treasurer regarding implementation of projects in each capital appropriations act, including the disposition of assets purchased with capital appropriations, with regard to satisfactory resolution of issues associated with legal and tax-exempt status of outstanding State bonds.

(1) Implement a “Motorist Aid Refreshment Program” at State rest areas and information centers. The Commissioner is authorized to accept, without active solicitation, donations for the services and associated supplies and may use surplus funds to pay for the Information Center Program.

(2) Permit nonprofit organizations and contracted information center operators to provide free refreshments to motorists. Nonprofits and contracted information center operators may accept voluntary donations, without active solicitation, from motorists.

(3) Adopt rules governing the provision of refreshments in accordance with this subsection.

(Added 1959, No. 328 (Adj. Sess.), § 10; amended 1961, No. 17, §§ 1, 2, eff. March 15, 1961; 1977, No. 247 (Adj. Sess.), § 183; 1979, No. 74, §§ 345, 346; 1979, No. 205 (Adj. Sess.), § 139, eff. May 9, 1980; 1981, No. 108, § 331(b); 1983, No. 147 (Adj. Sess.), § 4, eff. April 11, 1984; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1987, No. 243 (Adj. Sess.), §§ 32(2), 33, eff. June 13, 1988; 1991, No. 259 (Adj. Sess.), § 13; 1993, No. 59, § 25c, eff. June 3, 1993; 1993, No. 233 (Adj. Sess.), § 46, eff. June 21, 1994; 1995, No. 148 (Adj. Sess.), § 4(b), eff. May 6, 1996; 1995, No. 178 (Adj. Sess.), § 296; 1995, No. 185 (Adj. Sess.), § 87, eff. May 22, 1996; 1999, No. 29, § 39, eff. May 19, 1999; 2001, No. 61, § 25; 2001, No. 149 (Adj. Sess.), §§ 25, 32, 34, 64, eff. June 27, 2002; 2003, No. 56, § 59, eff. June 4, 2003; 2003, No. 121 (Adj. Sess.), §§ 27, 31, eff. June 8, 2004; 2005, No. 147 (Adj. Sess.), §§ 34, 49, eff. May 15, 2006; 2007, No. 52, §§ 30, 31, eff. May 28, 2007; 2007, No. 200 (Adj. Sess.), § 35, eff. June 9, 2008; 2009, No. 33, § 54; 2009, No. 43, §§ 27, 28, eff. May 27, 2009; 2009, No. 135 (Adj. Sess.), §§ 23, 24; 2011, No. 40, § 34a, eff. May 20, 2011; 2011, No. 139 (Adj. Sess.), § 24, eff. May 14, 2012; 2013, No. 51, § 33, eff. May 29, 2013; 2013, No. 92 (Adj. Sess.), §§ 280, 281, 302, eff. Feb. 14, 2014; 2013, No. 142 (Adj. Sess.), § 44; 2015, No. 23, § 133; 2015, No. 131 (Adj. Sess.), § 30; 2017, No. 113 (Adj. Sess.), § 171; 2017, No. 154 (Adj. Sess.), § 29, eff. May 21, 2018; 2021, No. 74, § E.103.2; 2023, No. 162 (Adj. Sess.), § 19, eff. June 6, 2024.)

§ 153 Parking rules

The Commissioner of Buildings and General Services may from time to time make, amend, revise, or repeal parking rules for the use of land or structures either owned or leased by the State and that are under his or her jurisdiction and control.

(Added 1969, No. 4, eff. Feb. 17, 1969; amended 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984.)

§ 153a Use of conference rooms by legislators

Conference rooms in State office buildings shall be made available for use by members of the General Assembly.

(Added 1993, No. 233 (Adj. Sess.), § 66, eff. June 21, 1994.)

§ 154 Preservation of State House and historic State buildings

(a) The Commissioner of Buildings and General Services shall give special consideration to the State House as a building of first historical importance and significance. He or she shall preserve the State House structure and its unique interior and exterior architectural form and design, with particular attention to the detail of form and design, in addition to keeping the buildings, its furnishings, facilities, appurtenances, appendages, and grounds surrounding and attached to it in the best possible physical and functional condition. Any permanent change, alteration, addition, or removal in form, materials, design, architectural detail, furnishing, fixed in place or otherwise, interior or exterior, of the State House may not be made without legislative mandate. Emergency and immediately necessary repairs may, however, be made without legislative mandate upon prior approval of the Governor.

(b) [Repealed.]

(Added 1959, No. 328 (Adj. Sess.), § 10; amended 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 2017, No. 84, § 26, eff. June 16, 2017.)

§ 154a State Curator

(a) Creation. The position of State Curator is created within the Department of Buildings and General Services.

(b) Duties. The State Curator’s responsibilities shall include:

(1) oversight of the historical integrity of the State House;

(2) interpretation of the State House to the visiting public through exhibits, publications, tours, and other means of communication;

(3) acquisition, management, and care of State collections of art, historic artifacts, and furnishings, provided that all items obtained for the State House are acquired pursuant to the collections policy adopted pursuant to subsection (c) of this section;

(4) oversight and management of the State’s historic and contemporary art and collections in other State buildings and on State property; and

(5) maintenance and conservation of works of art acquired or commissioned by the State pursuant to chapter 2 of this title.

(c) Collections policy. The State Curator shall develop a collections policy, in coordination with experts, that ensures that the acquisition of art, historic artifacts, and furnishings, and the commissioning of art and furnishings, for the State House reflects Vermont’s diverse people and history, including a diversity of race, ethnicity, sex, gender identity, sexual orientation, and disability status, and a diversity of artistic media and artistsand celebrates the natural history of the State and the diversity of the people and stories of Vermont throughout the history of the State. Upon approval of the Legislative Advisory Committee on the State House pursuant to 2 V.S.A. § 653, the State Curator shall adopt the collections policy.

(d) Interpretive plan. In coordination with the Friends of the Vermont State House and the Vermont Historical Society, the State Curator shall create an interpretive plan that tells the stories of the State House art collection through accessible written, multimedia, and oral means. The plan shall include appropriate and inclusive training of State House volunteers and staff.

(e) Funding. The Curator, upon approval of the Commissioner of Buildings and General Services, is authorized to purchase artwork for the permanent State collection with funds appropriated to the Department for that or other purposes in any capital construction act.

(Added 2017, No. 84, § 27, eff. June 16, 2017; amended 2019, No. 139 (Adj. Sess.), § 33, eff. July 6, 2020; 2021, No. 156 (Adj. Sess.), § 4, eff. May 31, 2022; 2023, No. 50, § 3, eff. June 6, 2023.)

§ 155 Repealed

[Repealed]

2015, No. 160 (Adj. Sess.), § 26, effective July 1, 2017.

§ 156 City of Montpelier District Heat Plant Maintenance Reserve Fund

(a) There is established a special fund pursuant to 32 V.S.A. chapter 7, subchapter 5 known as the City of Montpelier District Heat Plant Maintenance Reserve Fund.

(b) The Fund shall comprise payments from the City of Montpelier for the City’s share of the maintenance of the District Heat Plant.

(c) Monies in the Fund shall be available to the Commissioner of Buildings and General Services for the maintenance of the District Heat Plant upon commencement of the District Heat Plant’s operations.

(d) The Commissioner of Finance and Management may draw warrants for disbursements from this Fund in anticipation of receipts. Any remaining balance at the end of the fiscal year shall be carried forward in the Fund.

(Added 2015, No. 26, § 31, eff. May 18, 2015.)

§ 157 Facilities condition analysis

(a) The Commissioner of Buildings and General Services shall:

(1) maintain the condition of buildings and infrastructure under the Commissioner’s jurisdiction to provide a safe and healthy environment through sustainable practices and judicious capital renewal;

(2) conduct a facilities condition analysis each year of 20 percent of the building area and infrastructure under the Commissioner’s jurisdiction; and

(3) conduct investment grade energy audits to develop a pipeline of energy efficiency and conservation measures to be implemented through the State Energy Management Program or during construction projects.

(b) The Commissioner may use up to four percent of the funds appropriated to the Department of Buildings and General Services for major maintenance and planning for the purpose described in subsection (a) of this section.

(Added 2011, No. 104 (Adj. Sess.), § 24, eff. May 7, 2012; amended 2013, No. 178 (Adj. Sess.), § 23, eff. June 9, 2014; 2017, No. 84, § 23, eff. June 16, 2017; 2019, No. 139 (Adj. Sess.), § 17, eff. July 6, 2020.)

§ 158 Repealed

[Repealed]

2009, No. 135 (Adj. Sess.), § 26(12)(B).

§ 159 Building maintenance; appropriations

The sums appropriated for facilities operations shall be continuing and shall not revert to the State Treasury at the end of the fiscal year and may be added to succeeding appropriations for facilities operations.

(Added 1959, No. 328 (Adj. Sess.), § 32; amended 1965, No. 86; 1973, No. 39; 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 1995, No. 178 (Adj. Sess.), § 297.)

§ 160 Property Management Revolving Fund

(a) There is established a Property Management Revolving Fund to provide space for office accommodations and other related purposes for which space is not available in buildings owned by the State. Space may be provided through the Fund for such departments or programs as the Secretary of Administration determines, except that space requirements for the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, the department controlling buildings designated as historic sites, the Military Department, and the Department of Labor shall be covered by this section only by executive order of the Governor.

(b) The Fund shall consist of:

(1) monies that are appropriated to the Fund, or that are paid to it under authorization of the Emergency Board;

(2) the proceeds of rental income received by the Department of Buildings and General Services from the leasing of property under its supervision; and

(3) fees to be paid by departments and agencies which shall be fixed by the Commissioner of Buildings and General Services subject to the approval of the Secretary of Administration, based on rentals, janitorial services, supplies, and other expenses necessarily incurred in providing space for such agencies.

(c) Monies from the Fund shall be expended for rental of property for the purposes contemplated in this section, and to defray the cost of custodial services and other expenses necessary to the proper use and enjoyment of such premises by the occupant. Monies from the Fund may also be expended for management of buildings and property under the jurisdiction of the Department of Buildings and General Services, including inventory, appraisal, space study and allocation, and renovations. Cost of studies, renovations, alterations, and modifications shall not exceed $50,000.00 unless approved by the Secretary of Administration.

(d) The Department of Buildings and General Services shall be responsible for administering the interests of the State in all existing leases and rentals for purposes that are designated in subsection (a) of this section in which the State is either a landlord or a tenant and where the name of another department or agency appears in any such lease, the Department of Buildings and General Services shall serve as the representative of that agency with all rights and responsibilities therein provided. All leases, rentals, or renewals for the benefit of departments or agencies to which this section applies shall, beginning on July 1, 1969, be made and executed by and in the name of the Commissioner of Buildings and General Services.

(e) The Commissioner of Buildings and General Services shall supervise the receipt and expenditure of monies comprising the Property Management Revolving Fund, subject to the provisions of this section. He or she shall maintain accurate and complete records of all such receipts and expenditures and shall make an annual report on the condition of the Fund to the House Committee on Corrections and Institutions and the Senate Committee on Institutions. All balances remaining at the end of a fiscal year shall be carried over to the following year.

(Added 1969, No. 60; amended 1977, No. 247 (Adj. Sess.), § 184; 1981, No. 66, § 5, eff. May 1, 1981; 1983, No. 147 (Adj. Sess.), § 4, eff. April 11, 1984; 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1985, No. 242 (Adj. Sess.), § 307; 1995, No. 148 (Adj. Sess.), § 4(b), eff. May 6, 1996; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2007, No. 121 (Adj. Sess.), § 21; 2009, No. 33, § 55; 2011, No. 139 (Adj. Sess.), § 25, eff. May 14, 2012; 2017, No. 113 (Adj. Sess.), § 172.)

§ 160a Facilities Operations Internal Service Fund

(a) There is created a Facilities Operations Internal Service Fund in the Department of Buildings and General Services. The purpose of this Fund is to provide for:

(1) operating expenses for buildings, support facilities, and grounds;

(2) maintenance expenditures on buildings, support facilities, and grounds;

(3) major maintenance and renovation projects for buildings and support facilities;

(4) relocation expenses for State agencies;

(5) purchase of options for real estate acquisitions;

(6) payments to build or acquire buildings or support facilities as approved by the Legislature; and

(7) debt service payments on general obligation bonds authorized to build or acquire buildings and support facilities.

(b) The Fund shall consist of:

(1) Monies that are appropriated to the Fund or that are paid to it under authorization of the Emergency Board.

(2) The proceeds of rental income received by the Department of Buildings and General Services from the leasing of buildings and property under its supervision.

(3) Fees paid by departments and agencies including the Legislative and Judicial Branches. The rate of said fees shall be proposed by the Commissioner of Buildings and General Services subject to the approval of the Secretary of Administration. Proposed rates shall be based upon the cost of operations, debt service, and depreciation.

(4) Revenue derived from the sale of properties.

(5) Monies recovered from tenants for discretionary expenditures for services beyond the normal standards of facilities services.

(6) Monies recovered as a result of litigation relating to facilities operations, construction, or renovations.

(7) Funds received from the maintenance or operation of condominium facilities, including properties owned by nongovernmental persons or entities, in condominium facilities in which the State has an ownership interest.

(Added 1999, No. 152 (Adj. Sess.), § 270; amended 2001, No. 61, § 29; 2001, No. 142 (Adj. Sess.), § 310, eff. June 16, 2002; 2011, No. 63, § E.121.)

§ 160b Sale of milk and milk products at information centers

(a) The Division for the Blind and Visually Impaired is encouraged to sell milk and milk products, with a preference for the sale of Vermont-produced milk whenever feasible, in vending machines at rest areas and information centers in this State according to policies and rules established by the Commissioner of Buildings and General Services.

(b) The Commissioner shall designate areas within rest areas and welcome centers for the sale of milk and milk products with an emphasis on the sale of Vermont-made products. The Commissioner, at his or her sole discretion, shall have the authority to designate the areas where sales may occur.

(Added 2003, No. 63, § 72, eff. June 11, 2003.)

§ 160c Nutrition procurement standards

(a)(1) The Commissioner of Health shall establish and post on the Department’s website nutrition procurement standards that:

(A) consider relevant guidance documents, including those published by the U.S. General Services Administration, the American Heart Association, and the National Alliance for Nutrition and Activity and, upon request, the Department shall provide a rationale for any divergence from these guidance documents;

(B) consider both positive and negative contributions of nutrients, ingredients, and food groups to diets, including calories, portion size, saturated fat, trans fat, sodium, sugar, and the presence of fruits, vegetables, whole grains, and other nutrients of concern in Americans’ diets; and

(C) contain exceptions for circumstances in which State-procured foods or beverages are intended for individuals with specific dietary needs.

(2) The Commissioner shall review and, if necessary, amend the nutrition procurement standards at least every five years to reflect advances in nutrition science, dietary data, new product availability, and updates to federal Dietary Guidelines for Americans.

(b)(1) All foods and beverages purchased, sold, served, or otherwise provided by the State or any entity, subdivision, or employee on behalf of the State shall meet the minimum nutrition procurement standards established by the Commissioner of Health.

(2) All bids and contracts between the State and food and beverage vendors shall comply with the nutrition procurement standards. The Commissioner, in conjunction with the Commissioner of Buildings and General Services, may periodically review or audit a contracting food or beverage vendor’s financial reports to ensure compliance with this section.

(c) The Governor’s Health in All Policies Task Force may disseminate information to State employees on the Commissioner’s nutrition procurement standards.

(d) All State-owned or -operated vending machines, food or beverage vendors contracting with the State, or cafeterias located on property owned or operated by the State shall display nutritional labeling to the extent permitted under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. ch. 9 § 301 et seq.

(e) The Commissioner of Buildings and General Services shall incorporate the nutrition procurement standards established by the Commissioner into the appropriate procurement document.

(Added 2015, No. 113 (Adj. Sess.), § 18.)

§ 161 Requirements on State construction projects

(a)(1) When the construction cost of any State project exceeds the sum of $50,000.00, the Commissioner of Buildings and General Services shall publicly advertise or invite three or more bids. The contract for any such State project or improvement shall be awarded to one of the three lowest responsible bidders, conforming to specification, with consideration being given to quantities involved, time required for delivery, purpose for which required, competency and responsibility of bidder, and the bidder’s ability to render satisfactory service, but the Commissioner of Buildings and General Services with the approval of the Secretary of Administration, shall have the right to reject any and all bids and to invite other bids.

(2) When using the design-build construction delivery process, the Commissioner of Buildings and General Services shall publicly advertise or invite three or more bids. The award of a design-build contract shall be to the bidder determined by the Commissioner to be most responsive to evaluation criteria established by the Commissioner. Such criteria may include physical plant characteristics proposed, program response to space needs, ability of the design-build team, anticipated development schedule and overall cost considerations, including alternates, allowances, and schedule of values.

(3) All bids on State projects shall be required to comply with all applicable provisions of Title 21.

(b) Each contract awarded under this section for any State project with a construction cost exceeding $100,000.00, a construction project with a construction cost exceeding $200,000.00 that is authorized and at least 50 percent funded by a capital construction act pursuant to 32 V.S.A. § 701a, or a construction project with a construction cost exceeding $200,000.00 that is at least 50 percent funded by the Cash Fund for Capital and Essential Investments established in 32 V.S.A. § 1001b shall provide that all construction employees working on the project shall be paid not less than the mean prevailing wage published periodically by the Vermont Department of Labor in its occupational employment and wage survey plus an additional fringe benefit of 42 and one-half percent of wage, as calculated by the current Vermont prevailing wage survey. As used in this section, “fringe benefits” means benefits, including paid vacations and holidays, sick leave, employer contributions and reimbursements to health insurance and retirement benefits, and similar benefits that are incidents of employment.

(c) In the construction of any State project, local capable labor shall be utilized whenever practicable, but this section shall not be construed to compel any person to discharge or lay off any regular employee.

(d) Subsections (a) through (c) of this section shall not apply to maintenance or construction projects carried out by the Agency of Transportation and by the Department of Forests, Parks and Recreation.

(e) The Agency of Administration shall ensure that the State and any of its subdivisions do not contract, directly or indirectly, with employers who are prohibited from contracting by the Commissioner of Labor pursuant to 21 V.S.A. §§ 692, 708, and 1314a or the Commissioner of Financial Regulation pursuant to 8 V.S.A. § 3661.

(f) The Agency of Administration shall maintain a current list of employers that have been prohibited from contracting with the State or any of its subdivisions, and the Agencies of Administration and of Transportation shall publish that list on their websites.

(Added 1973, No. 115, §§ 1-3, eff. April 25, 1973; amended 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 1993, No. 233 (Adj. Sess.), § 76, eff. June 21, 1994; 1995, No. 148 (Adj. Sess.), § 4(b), eff. May 6, 1996; 1997, No. 148 (Adj. Sess.), § 72, eff. April 29, 1998; 1999, No. 148 (Adj. Sess.), § 43, eff. May 24, 2000; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 142 (Adj. Sess.), § 5b; 2015, No. 26, § 24a, eff. May 18, 2015; 2015, No. 26, § 24b, eff. July 1, 2017; 2015, No. 69 (Adj. Sess.), § 7, eff. Jan. 1, 2017; 2023, No. 78, § C.106, eff. June 20, 2023; 2023, No. 85 (Adj. Sess.), § 334, eff. July 1, 2024; 2023, No. 87 (Adj. Sess.), § 46, eff. March 13, 2024.)

§ 162 Easements and rights-of-way

The Commissioner of Buildings and General Services is authorized to grant easements and rights-of-way in connection with projects and land under his or her jurisdiction. In the event that the easement or right-of-way ceases to be used for the purpose granted, title to the easement shall revert to the State.

(Added 1981, No. 48; amended 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 1995, No. 185 (Adj. Sess.), § 42, eff. May 22, 1996.)

§ 163 Reserved

[Reserved]

§ 164 Leases

The Governor may lease any land he or she deems can be used to advantage by the State in connection with any State institution or department. Leases so entered into shall be kept on file in the office of the Secretary of State. The Commissioner of Finance and Management shall issue his or her warrants for obligations incurred under the provisions of this section.

(Amended 1977, No. 253 (Adj. Sess.), § 3; 1983, No. 195 (Adj. Sess.), § 5(a); 2003, No. 63, § 26.)

§ 165 Space allocation, inventory, and use; leasing property; Commissioner’s preapproval required

(a) For purposes of this section, “agency” shall mean every Executive agency and the Judicial Department, every department not within an agency, every board, commission, or other entity not attached to an agency or department for administrative purposes, every not-for-profit corporation or entity occupying or using State-owned space, and shall include the Offices of the Chief Justice of the Vermont Supreme Court, the Court Administrator’s Office, the Auditor of Accounts, the Attorney General, the Secretary of State, and the State Treasurer. “Agency” shall not mean, nor shall this section apply to, an entity not affiliated with the Executive or Judicial Branch of State government and not located in State-owned property, even though the entity may receive State capital funds. This section shall not apply to the Vermont State Colleges.

(b) The Commissioner of Buildings and General Services shall implement all reasonable and necessary measures to utilize all available space in all State buildings or structures before any improved property not owned by the State is leased to accommodate space needs of an agency.

(c) Notwithstanding any provision of law to the contrary, the Commissioner of Buildings and General Services shall have sole jurisdiction, sole authority, and sole responsibility for making space allocations and designating uses in any portions of any building or structure for which the Department of Buildings and General Services leases or pays for operation and maintenance expenses, or for which construction or fit-up was financed through an appropriation to the Department of Buildings and General Services.

(d) The Commissioner of Buildings and General Services shall by rule establish procedures which all agencies shall follow in the leasing of real property. No agency shall enter into any lease, no lease shall be valid, and no State funds shall be paid by the Department of Finance and Management pursuant to the terms of any lease, unless the proposed lease has been preapproved by the Commissioner of Buildings and General Services. If a lease is entered into pursuant to this section, the Commissioner of Buildings and General Services shall preapprove any additional fees, reimbursements, charges, or fit-up costs in excess of the proposed lease rental rate.

(e) The Commissioner of Buildings and General Services shall maintain an inventory of all State-owned buildings and shall biannually compile and update the information received under subsection (g) of this section, which shall be considered once available in making spacing allocations and designating uses under subsection (c) of this section.

(f) The Commissioner of Buildings and General Services shall maintain an inventory and provide any known information on all existing rights-of-way, including all conduits, ducts, passages, or attachments available, granted to, or presently used by telecommunications carriers. The inventory shall describe the ownership of such rights-of-way and the used and existing capacity thereof.

(g) The head of each agency shall prepare and forward to the Commissioner of Buildings and General Services when requested by the Commissioner in a format prescribed by the Commissioner an inventory of: square footage available for use; square footage in actual use; square footage not in use; square footage used for storage; square footage that is unfinished; cost per square foot for rent; cost per square foot for operation and maintenance; and the source of funds for rent, operation, and maintenance, including the act and section numbers of a legislative directive if applicable.

(h) No State-owned space in any State-owned building, structure, or other real property under the jurisdiction of the Commissioner of Buildings and General Services may be leased, occupied, or licensed for any purpose for less than its fair market value as determined by the prevailing area market prices for comparable space or property, except as follows:

(1) The Commissioner of Buildings and General Services may lease or license State-owned property under his or her jurisdiction for less than prevailing area market prices to municipalities, nonprofit organizations, school districts, or to persons whose proposed activities are determined by the Commissioner to serve a public purpose and when the term of the lease or license is less than three years.

(2) The Commissioner of Buildings and General Services may lease or license State-owned property under his or her jurisdiction for less than prevailing area market prices with the approval of the Joint Fiscal Committee when the term of the lease or license is three years or longer, or when the lease or license requested is a renewal of a lease or license issued pursuant to subdivision (1) of this subsection.

(i) In the event of a conflict between the provisions of this section and any other provision of law pertaining to State facilities, this section shall control.

(Added 1995, No. 185 (Adj. Sess.), § 43, eff. May 22, 1996; amended 1995, No. 148 (Adj. Sess.), § 4(b); 1997, No. 150 (Adj. Sess.), § 19; 1999, No. 29, § 40, eff. May 19, 1999; 2001, No. 149 (Adj. Sess.), § 35, eff. June 27, 2002; 2013, No. 51, § 26, eff. May 29, 2013.)

§ 166 Selling or renting State property

(a) As agent of the State, with the advice and consent of the Governor unless otherwise provided, the Commissioner of Buildings and General Services may lease for a term not exceeding 10 years any real property owned by the State and not used for State purposes. This subsection shall not apply to leases of land pursuant to 10 V.S.A. chapter 83.

(b)(1) Upon authorization by the General Assembly, which may be granted by resolution, and with the advice and consent of the Governor, the Commissioner of Buildings and General Services may sell real estate owned by the State. The property shall be sold to the highest bidder at public auction or upon sealed bids at the discretion of the Commissioner of Buildings and General Services, who may reject any or all bids, or the Commissioner is authorized to list the sale of property with a real estate agent licensed by the State. In no event shall the property be sold for less than fair market value as determined by the Commissioner in consultation with an independent real estate broker or appraiser, or both, retained by the Commissioner, unless otherwise authorized by the General Assembly.

(2) If the Commissioner elects to sell the property at auction or by sealed bid, notice of the sale or a request for sealed bids shall be posted:

(A) by electronic means; or

(B) in at least three public places in the town where the property is located and also published three times in a newspaper having a known circulation in the town, the last publication to be not less than 10 days before the date of sale or opening of the bids.

(3) This subsection shall not apply to the sale, conveyance, exchange, or lease of lands or interests in lands; to the amendment of deeds, leases, and easements; or to sales of timber made in accordance with the provisions of 10 V.S.A. chapter 155 or the provisions of 10 V.S.A. chapter 83.

(c) The provisions of subsections (a) and (b) of this section shall not be construed to allow the Commissioner of Buildings and General Services to grant oil and gas leases on State-owned lands located within Vermont, but, with the approval of the Governor, the Commissioner of Buildings and General Services may sell or lease State lands for which an oil and gas lease has been granted, subject, however, to the terms and conditions of such oil and gas lease; provided, however, the Commissioner shall be responsible for any interests owned by the State in oil and gas resources located outside the State and may, after consultation with the Secretaries of Administration and of Natural Resources, lease or sell any such interest.

(d) The net proceeds from the sale of any real property owned by the State shall be paid into a capital fund account to be used for future capital construction projects as authorized by the General Assembly, except that such proceeds may be used as otherwise directed by the General Assembly, which legislative direction may be by resolution.

(e) Notwithstanding the provisions of subsection (a) of this section, specific approval is hereby granted by the General Assembly for the execution of new leases by an authorized State agent with the present lessees of individual camp lots on State lands on Groton, Marshfield, and Ricker ponds for a period exceeding 10 years.

(f) It is the legislative intent that any future costs to the State agent resulting from conditions in the leases specified in subsection (e) of this section that would permit or require the purchase of property from lessees by the State agent shall be funded directly by the General Assembly or, if it is not in session, by the Emergency Board.

(g)(1) Any person who on April 8, 1975, is a lessee of State lands on Groton, Marshfield, and Ricker ponds may by letter petition the Department of Forests, Parks and Recreation in order to obtain a lease that runs to both the lessee and the lessee’s spouse upon application and accompanying payment of $10.00. The Department of Forests, Parks and Recreation shall, within 30 days, prepare, execute and deliver to the lessee a new lease that runs to both lessee and lessee’s spouse. All terms of the new lease shall be identical to the terms of the old lease. Upon execution of the new lease by lessee and lessee’s spouse, the old lease shall be void.

(2) The petition brought by the lessee shall state that the lessee desires to have the lease run to both lessee and lessee’s spouse. The petition shall include the full name of the lessee’s spouse, the spouse’s Social Security number, if any, and the full address of the spouse.

(Amended 1959, No. 328 (Adj. Sess.), § 16(a); 1965, No. 155, § 2; 1973, No. 7; 1973, No. 179 (Adj. Sess.), eff. March 29, 1974; 1975, No. 29, § 1, eff. April 8, 1975; 1981, No. 240 (Adj. Sess.), § 8, eff. April 28, 1982; 1985, No. 217 (Adj. Sess.); 1987, No. 243 (Adj. Sess.), § 30, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1997, No. 148 (Adj. Sess.), § 71, eff. April 29, 1998; 2003, No. 63, § 27; 2003, No. 121 (Adj. Sess.), § 35, eff. June 8, 2004; 2017, No. 89 (Adj. Sess.), § 2, eff. Feb. 28, 2018; 2019, No. 139 (Adj. Sess.), § 18, eff. July 6, 2020; 2023, No. 69, § 21, eff. June 14, 2023; 2023, No. 162 (Adj. Sess.), § 20, eff. June 6, 2024.)

§ 167 Rental of State property to veterans’ organizations

The Commissioner of Buildings and General Services is hereby authorized to lease to national veterans’ organizations, with established central offices in this State, the first floor of the Adams House on State Street in the City of Montpelier, or some comparable space in some other building in said City of Montpelier owned by State, federal, county, or municipal government or by a private party, except the State Capitol, State Library, Pavilion State office building and the State office building at 120 State Street. Said lease shall be on a year-to-year basis with the right of renewal thereof by the lessee but with right of the lessor to terminate said lease upon notice of not less than six months to the said lessees. The rent shall be for the nominal sum of $1.00 per year for each tenant organization. Space allocations to the various organizations shall be made and may be modified from time to time by the Commissioner of Buildings and General Services. Interior repairs and alterations shall be at the expense of the respective tenant subject to the approval of and under the supervision of the Commissioner of Buildings and General Services and exterior repairs shall be at the expense of the State and under the supervision of the Commissioner of Buildings and General Services. The expense of light, heat, and water as proportionately allocated by the Commissioner of Buildings and General Services shall be paid by the tenant organization into the Property Management Fund established by section 160 of this title, expect that any costs above the proportional costs shall be paid out of the operating funds of the Vermont Adjutant General.

(Amended 1959, No. 328 (Adj. Sess.), § 16(b); 1987, No. 243 (Adj. Sess.), § 31, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1999, No. 1, § 100, eff. March 31, 1999; 1999, No. 148 (Adj. Sess.), § 42, eff. May 24, 2000; 2003, No. 63, § 28.)

§ 168 State Energy Management Program; Revolving Funds

(a) State Energy Management Program.

(1) There is established within the Department of Buildings and General Services the Energy Management Program for administering the interest of the State in all energy management measures in State buildings and facilities, including equipment replacement, studies, weatherization, construction of improvements affecting the use of energy resources, the implementation of energy efficiency and conservation measures, and the use of renewable resources.

(2) The Energy Management Program shall be implemented through two revolving funds used to finance energy management measures in State buildings and facilities. Pursuant to subsections (b) and (c) of this section, the State Resource Management Revolving Fund shall provide revenue for implementation of resource conservation measures, and the Energy Revolving Fund shall provide funding for energy efficiency improvements and the use of renewable resources. The Commissioner of Buildings and General Services shall establish guidelines for the provision of funding for energy management measures through these revolving funds.

(3) All energy management measures taken pursuant to this section shall be made and executed by and in the name of the Commissioner.

(b) State Resource Management Revolving Fund.

(1) There is established the Resource Management Revolving Fund to provide revenue for implementation of resource conservation measures anticipated to generate a life cycle cost benefit to the State. All State agencies responsible for development and operations and maintenance of State infrastructure shall have access to the Resource Management Revolving Fund on a priority basis established by the Commissioner.

(2) The Fund shall consist of:

(A) monies appropriated to the Fund, or which are paid to it under authorization of the Emergency Board;

(B) monies saved by the implementation of resource management conservation measures; and

(C) fees for administrative costs paid by departments and agencies, which shall be fixed by the Commissioner subject to the approval of the Secretary of Administration.

(D) [Repealed.]

(3) Monies from the Fund shall be expended by the Commissioner for resource conservation measures anticipated to generate a life cycle cost benefit to the State and all necessary costs involved with the administration of State agency energy planning as determined by the Commissioner.

(4) The Commissioner shall establish criteria to determine eligibility for funding of resource conservation measures.

(5) Agencies or departments receiving funding shall repay the Fund through their regular operating budgets according to a schedule established by the Commissioner. Repayment shall include charges of fees for administrative costs over the term of the repayment.

(6) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.

(7) The Commissioner shall maintain accurate and complete records of all receipts by and expenditures from the Fund.

(8) All balances remaining at the end of a fiscal year shall be carried over to the following year.

(1) There is established an Energy Revolving Fund to finance energy efficiency improvements and the use of renewable resources in State buildings and facilities anticipated to generate a cost-savings to the State. State agencies and departments shall have access to the Energy Revolving Fund on a priority basis established by the Commissioner and the State Treasurer.

(2) The Fund shall consist of:

(A) monies appropriated to the Fund or which are paid to it under authorization of the Emergency Board;

(B) monies saved by the implementation of energy efficiency improvements and the use of renewable resources;

(C) any funds available through a credit facility maintained by the State Treasurer in accordance with subsection (d) of this section; and

(D) fees for administrative costs paid by departments and agencies, which shall be fixed by the Commissioner subject to the approval of the Secretary of Administration.

(3) Monies from the Fund shall be expended by the Commissioner for measures anticipated to generate a cost-savings to the State and costs involved with the administration of the State agency energy plan as determined by the Commissioner.

(4) The Commissioner and the State Treasurer shall establish criteria to determine eligibility for funding of energy efficiency improvements and the use of renewable resources, including returns of investment on terms acceptable to the State Treasurer.

(5) Agencies and departments receiving funding shall repay the Fund through their regular operating budget according to a schedule established by the Commissioner. Repayment shall include charges of fees for administrative costs over the term of the repayment.

(6) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.

(7) The Commissioner of Buildings and General Services shall maintain accurate and complete records of all receipts by and expenditures from the Fund.

(8) All balances remaining at the end of a fiscal year shall be carried over to the following year; provided, however, that any amounts received in repayment of the credit facility established under subsection (d) of this section may be reinvested by the State Treasurer.

(d) Notwithstanding any other provision of law to the contrary, the State Treasurer, working in collaboration with the Department of Buildings and General Services, shall have the authority to establish a credit facility of up to $8,000,000.00, on terms acceptable to the State Treasurer. The credit facility shall be used for the purpose of financing energy efficiency improvements and the use of renewable resources anticipated to generate a cost-savings to the State.

(e) As used in this section:

(1) “Energy efficiency improvement” means a set of measures aimed at reducing the energy used by specific end-use devices and systems to provide light, heat, cooling, or other services without affecting the level of service provided. An energy efficiency project may also include energy conservation measures; that is, a reduction in energy consumption that corresponds with a reduction in service demand.

(2) “Renewables” has the same meaning as under 30 V.S.A. § 8002.

(3) “Resource conservation measures” means a set of measures, including a study, product, process, or technology, aimed at reducing overall use or consumption of energy resources in State buildings or facilities. “Resource conservation measures” includes energy efficiency improvements.

(f) Beginning on or before January 15, 2015 and annually thereafter, the Department of Buildings and General Services shall report to the House Committee on Corrections and Institutions on the expenditure of funds from the State Resource Management Revolving Fund for resource conservation measures and the Energy Revolving Fund for energy efficiency improvements and the use of renewable resources. For each fiscal year, the report shall include a summary of each project receiving funding and the State’s expected savings. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(Added 2003, No. 121 (Adj. Sess.), § 46, eff. June 8, 2004; amended 2007, No. 121 (Adj. Sess.), § 22; 2009, No. 33, § 56; 2011, No. 40, § 48, eff. May 20, 2011; 2011, No. 104 (Adj. Sess.), § 29, eff. May 7, 2012; 2013, No. 178 (Adj. Sess.), § 41, eff. June 9, 2014; 2017, No. 154 (Adj. Sess.), § 30, eff. May 21, 2018.)

§ 168a Municipal Energy Loan Program

(a) Authority. The Department of Buildings and General Services is authorized to provide financing to municipalities through the Municipal Energy Loan Program for equipment replacement, studies, weatherization, construction of improvements affecting the use of energy resources, the implementation of energy efficiency and conservation measures, and the use of renewable resources.

(b) Loan eligibility and criteria. The Commissioner shall establish for the Program described in subsection (a) of this section:

(1) criteria to determine eligibility for funding, including repayment terms;

(2) a priority basis for the selection process that ensures equitable allocation of funds to municipalities, considering at least financial need, geographic distribution, and ability to repay; and

(3) loan conditions that ensure accountability by a municipality receiving funds.

(1) “Energy efficiency improvement” has the same meaning as in section 168 of this title.

(2) “Covered municipality” means a city, town, fire district or incorporated village, and all other governmental incorporated units except for school districts.

(3) “Renewables” has the same meaning as in 30 V.S.A. § 8002.

(4) “Resource conservation measures” has the same meaning as in section 168 of this title.

(Added 2021, No. 172 (Adj. Sess.), § 5, eff. July 1, 2022.)

§ 168b Municipal Energy Revolving Fund

(a) Creation. There is established the Municipal Energy Revolving Fund to provide financing for the Municipal Energy Loan Program established in section 168a of this title.

(b) Monies in the Fund. The Fund shall consist of:

(1) monies appropriated to the Fund; and

(2) loan repayment by municipalities.

(c) Repayment terms. A municipality receiving funding shall repay the Fund through its regular operating budget according to a schedule established by the Commissioner.

(d) Fund administration.

(1) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.

(2) The Commissioner of Buildings and General Services shall maintain accurate and complete records of all receipts by and expenditures from the Fund.

(3) All balances remaining at the end of a fiscal year shall be carried over to the following year.

(e) Definitions. As used in this section:

(1) “Energy efficiency improvement” has the same meaning as in section 168 of this title.

(2) “Renewables” has the same meaning as in 30 V.S.A. § 8002.

(f) Annual report. Beginning on or before January 15, 2023 and annually thereafter, the Commissioner of Buildings and General Services shall report to the House Committees on Corrections and Institutions and on Energy and Digital Infrastructure and the Senate Committee on Institutions on the expenditure of funds from the Municipal Energy Revolving Fund. For each fiscal year, the report shall include a summary of each project receiving funding and the municipality’s expected savings. The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report to be made under this subsection.

(Added 2021, No. 172 (Adj. Sess.), § 6, eff. July 1, 2022.)

§ 169 Brochure distribution fees

(a) The Department of Buildings and General Services is authorized to accept brochure distribution fees, and to enter into agreements with other State agencies and departments to provide marketing, promotion, and advertising services.

(b) A special fund is established to be administered as provided under 32 V.S.A. chapter 7, subchapter 5 and to be known as the Brochure Distribution Special Fund for the purposes of ensuring that the fees collected under this section are utilized to fund travel destination promotion, information at the State’s travel information centers, and operations and maintenance of State travel information centers. Revenues to the Fund shall be those fees collected for the placement and distribution of brochures of businesses in the State travel information centers and in other locations deemed appropriate by the Department.

(c) Brochure distribution fees authorized under subsection (a) of this section shall be set by the Department and shall be based on the location or locations of distribution, the size of the brochures, and the number of brochures distributed. The Department shall report the details of the fees established under this section every three years pursuant to 32 V.S.A. § 605.

(Added 2007, No. 153 (Adj. Sess.), § 24; amended 2018, No. 11 (Sp. Sess.), § E.114, eff. July 2, 2018.)

§ 170 Parking in State parking lots

(a) The Commissioner of Buildings and General Services is authorized to place signs and markings on land or in structures owned or leased by the State, including State parking lots, directing the parking, stopping, standing, and operation of motor vehicles. The driver or owner of any motor vehicle in a State-owned or controlled parking lot shall obey the instructions of any applicable posted sign or marking.

(b) Any sign or marking shall be presumed to have been placed at the direction of the Commissioner unless the contrary is established by competent evidence.

(c) On land or in structures owned or leased by the State under the jurisdiction of the Commissioner, the Commissioner or designee, or an enforcement officer, is authorized, pursuant to 23 V.S.A. § 1102, to move, remove, or immobilize, or cause to be moved, removed, or immobilized, any motor vehicle that is stopped, parked, standing, or being operated contrary to applicable posted signs and markings or in the event of an emergency at the expense of the owner of the motor vehicle.

(Added 1997, No. 62, § 6, eff. June 26, 1997; amended 1999, No. 29, § 41, eff. May 19, 1999; 2001, No. 61, § 35, eff. June 16, 2001.)

§ 170a Design of correctional facilities; use of evidence-based design principles for wellness environments

The Department of Buildings and General Services shall coordinate with the Department of Corrections on the design and planning for any maintenance, renovation, or construction to a State correctional facility to ensure that evidence-based design principles for wellness environments are incorporated into the design and planning phase of a project.

(Added 2023, No. 69, § 26, eff. June 14, 2023.)

Chapter 5A State Facilities Security

§ 171 Responsibility for security

(a) The Commissioner of Buildings and General Services shall be responsible for ensuring the security of all State facilities, regardless of funding source for construction or renovation, the lands upon which those facilities are located, and the occupants of those facilities and places, except that:

(1) in those State-owned or State-leased buildings that house a court plus one or more other functions, security for the space occupied by the court shall be under the jurisdiction of the Supreme Court and security elsewhere shall be under the jurisdiction of the Commissioner of Buildings and General Services;

(2) in those buildings which function exclusively as courthouses, security shall be under the jurisdiction of the Supreme Court;

(3) the space occupied by the Supreme Court shall be under the jurisdiction of the Supreme Court; and

(4) in the State House, security shall be under the jurisdiction of the Sergeant at Arms.

(b) The Commissioner of Buildings and General Services shall develop a security plan for each facility, except for those under the jurisdiction of the Supreme Court and of the Sergeant at Arms, and shall regularly update these plans as necessary and be responsible for coordinating responses to all security needs. The Supreme Court and the Sergeant at Arms shall, in cooperation with the Commissioner of Buildings and General Services, prepare and update such plans for the facilities under their respective jurisdictions.

(c) The Commissioner of Buildings and General Services may delegate the responsibility for security at specified facilities.

(d) All security improvements to State facilities shall be under the direction of the Commissioner of Buildings and General Services, who shall set statewide standards for policies, materials, and equipment, including voice and data reception and transmission upgrades and installations.

(e) Under this section, the Commissioner of Buildings and General Services is responsible for the protection of State facilities, the lands upon which the facilities are situated, and the occupants of those facilities, which is vital to sustaining the essential services of government in an emergency. The Commissioner shall develop plans for continuity of government and continuity of operations as an addendum to the State emergency operations plan maintained by the Department of Public Safety, Division of Emergency Management and referenced in 20 V.S.A. § 8(b)(2).

(f) The Commissioner of Buildings and General Services, the Sergeant at Arms, and the Court Administrator shall execute a memorandum of understanding to coordinate the provision of security plans and law enforcement services within the Capitol Complex. The memorandum of understanding shall incorporate any existing agreements related to the provision of law enforcement services or security in the Capitol Complex. As used in this section, “Capitol Complex” has the same meaning as used in section 182 of this title.

(Added 1999, No. 29, § 44, eff. May 19, 1999; amended 2001, No. 149 (Adj. Sess.), § 29, eff. June 27, 2002; 2015, No. 88 (Adj. Sess.), § 3, eff. May 6, 2016.)

§ 172 Capitol Complex security

The Commissioner of Buildings and General Services shall be responsible for all security operations pertaining to the lands and structures within the Capitol Complex, except the interior of the State House and the space occupied by the Supreme Court, which is provided for in section 171 of this title.

(Added 1999, No. 29, § 44, eff. May 19, 1999; amended 2011, No. 139 (Adj. Sess.), § 26, eff. May 14, 2012.)

Chapter 6 Capitol Complex

Subchapter 1 Capitol Complex Commission

§ 181 Purpose

The General Assembly of the State of Vermont hereby finds, determines, and declares that the Capitol Complex is an important and unique historic district and that the maintenance of the architectural and aesthetic integrity of this district is of the utmost importance to all of the people of the State. It is the purpose of this chapter to establish a procedure for reviewing the plans for any structure within the Capitol Complex not substantially erected and completed on April 16, 1974.

(Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974.)

§ 182 Definitions

As used in this chapter:

(1) “Capitol Complex” means all of the land and buildings in the City of Montpelier, excluding so much of State Street as lies within the boundaries thereof, enclosed within the following described bounds: commencing at the juncture of Taylor Street, so-called, and north line of the Winooski River, thence northerly along the westerly line of Taylor Street, crossing State Street and continuing northerly along the westerly line of Governor Davis Avenue, crossing Court Street at an angle to the westerly line of Greenwood Terrace, thence continuing northerly along the westerly line of Greenwood Terrace to a point on a line extension of the southerly line of Mather Terrace, thence westerly along the aforesaid line extension to Mather Terrace, thence westerly along the southerly line of Mather Terrace and Terrace Street to the intersection of Terrace Street and the easterly line of Bailey Avenue, thence southerly along the easterly line of Bailey Avenue crossing State Street and continuing along the easterly line of Bailey Avenue extension to the Winooski River, thence easterly along the northerly line of the Winooski River to the point of the beginning.

(2) “Capitol Complex Commission” means a commission consisting of seven members.

(A) Four members shall be appointed by the Governor, with the advice and consent of the Senate, for a term of three years. One member shall be appointed by the Speaker of the House, and one member shall be appointed by the Senate Committee on Committees, each for a term of two years. The seventh member shall be appointed by the Montpelier City Council for a term of two years.

(B) The Chair of the Capitol Complex Commission shall be designated by the Governor.

(C) Not fewer than two members of the Commission shall be residents of the City of Montpelier, and a member shall not be an exempt employee of the State of Vermont or a State legislator.

(D) The Commissioner of Buildings and General Services shall be the executive secretary of the Commission and shall have no vote.

(3) “Developer” means any person owning or undertaking construction of any structure of any nature on any plot or parcel within the Capitol Complex.

(4) “Plan” means all overall designs, including blueprints of floor plans, site plans, elevation drawings, and front left and right and detailed perspectives.

(Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974; amended 1979, No. 87 (Adj. Sess.), § 1, eff. Feb. 20, 1980; 1983, No. 147 (Adj. Sess.), § 4(b), eff. April 11, 1984; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 2001, No. 149 (Adj. Sess.), § 30, eff. June 27, 2002; 2019, No. 61, § 18; 2021, No. 105 (Adj. Sess.), § 433, eff. July 1, 2022; 2023, No. 85 (Adj. Sess.), § 335, eff. July 1, 2024.)

§ 183 Review of plans

(1) No person shall commence construction on any structure on any plot or parcel within the Capitol Complex prior to approval of plans for such structure by the Capitol Complex Commission. For the purposes of this section “person” shall include the State of Vermont.

(2) Within 60 days after submission of tentative plans relating to the construction of any structure on any plot or parcel within the Capitol Complex, the Capitol Complex Commission shall approve such plans or suggest alterations or modifications relating to overall bulk, size, height, setback, parking requirements, landscaping, design continuity with other structures in the Capitol Complex, both private and public, and maintenance of the character of the Capitol Complex as a unique and historic district.

(3) In the event the Capitol Complex Commission suggests alterations or modifications in plans which will result in additional construction costs, the Commission may recommend to the Legislature, or to the Emergency Board if the Legislature is not then in session, payment to the developer of a sum of money in an amount not to exceed such additional costs. The amount and manner of such recommendation shall be matters within the sole discretion of the Commission, except that no such amount shall be recommended because of a claim of a reduction in the profitability or fair market value of a parcel structure or improvement arising out of an alteration or modification in design. The amount and manner of actual payment shall be matters within the discretion of the Legislature or Emergency Board. For purposes of this chapter, the Emergency Board may deem payments hereunder to be “unforeseen emergencies” within the meaning of 32 V.S.A. § 133.

(4) Acceptance of a modified plan or design by a developer shall constitute an undertaking that such altered or modified plan shall be faithfully carried out.

(5) The Capitol Complex Commission may adopt such rules and regulations to interpret and carry out the provisions of this chapter. Such rules and regulations shall be filed in accordance with the provisions of 3 V.S.A. § 847.

(Added 1973, No. 269 (Adj. Sess.), § 17.)

§ 184 Penalties

A violation of any provision of this chapter or the rules promulgated hereunder is punishable by a fine of not more than $500.00 for each day of the violation.

(Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974.)

§ 185 Enforcement

In addition to the other penalties provided herein, the Capitol Complex Commission may, in the name of the State, institute any appropriate action, injunction, or other proceeding to prevent, restrain, correct, or abate any violation hereof or the rules promulgated hereunder.

(Added 1973, No. 269 (Adj. Sess.), § 17, eff. April 16, 1974.)

Subchapter 2 Capitol Complex; Parking

§ 191 Parking

(a) Any State-owned or -leased parking lot in the Capitol Complex, as defined in 29 V.S.A. § 182(1), or any State-owned or -leased area used for parking outside the Capitol Complex but within the Montpelier area, shall be considered a “public highway,” as defined in 23 V.S.A. § 4(13), for enforcement purposes, whether or not open to the public or general circulation of vehicles. The driver or owner of any motor vehicle in such a State parking lot shall obey the instructions of any applicable posted sign or marking.

(b) On land or in structures owned or leased by the State, including State parking lots described in subsection (a) of this section, an enforcement officer is authorized:

(1) to enforce signs and markings relating to parking, stopping, standing, and operation of motor vehicles in a State parking lot;

(2) to issue a Vermont traffic summons and complaint, pursuant to 23 V.S.A. chapter 24, to the driver or owner of a motor vehicle stopped, parked, standing, or being operated contrary to the instructions on an applicable posted sign or marking; or

(3) pursuant to 23 V.S.A. § 1102, at the driver’s or the owner’s expense, to move, remove, or immobilize, or cause to be moved, removed, or immobilized, any motor vehicle that is stopped, parked, standing, or being operated contrary to applicable posted signs and markings.

(c) Any sign or marking shall be presumed to have been placed at the direction of the Sergeant at Arms or the Commissioner of Buildings and General Services, unless the contrary is established by competent evidence.

(Added 1999, No. 148 (Adj. Sess.), § 47, eff. May 24, 2000; amended 2001, No. 61, § 34, eff. June 16, 2001; 2019, No. 144 (Adj. Sess.), § 11(a).)

Chapter 7 State Building Council

§§ 201-209 Repealed

[Repealed]

1959, No. 328 (Adj. Sess.), § 35(d).

Chapter 8 City-State Commission

§§ 210-214 Repealed

[Repealed]

1997, No. 148 (Adj. Sess.), § 73.

Chapter 9 Mines and Quarries on Public Land

§ 301 Ownership of mines and quarries discovered on public lands

All mines or quarries discovered upon any public land belonging to the people of the State, or upon land beneath public waters, are the property of the people of this State in their right of sovereignty.

§ 302 Right of discoverer to work claim

A citizen of the United States discovering a valuable mine or quarry upon such lands or upon land beneath such waters, and filing a notice of discovery and a bond as hereinafter provided, may work such mine or quarry. He or she and his or her heirs and assigns shall have the sole benefit of all the product therefrom, on the payment into the State Treasury of two percent of the market value of all such products, as a royalty. Such valuation shall be made when such products are first in a marketable form. From time to time the Legislature may provide for a different rate of compensation to be paid to the State.

§ 303 Statements to be furnished

A statement of the amount sold or removed from the premises covered by such notice of claim, and of all the trees cut or destroyed upon such lands, shall be made semiannually under oath to the State Treasurer. Payments of such royalty shall be made semiannually into the State Treasury, under oath as to the amount thereof, on the basis of such semiannual statement to the State Treasurer. A wilful falsehood in the contents of such statement made to such Treasurer in regard to such royalty shall work a forfeiture to the State of the value of the whole amount mined or quarried during the period covered by such statements.

§ 304 Effect on prior grants

Nothing contained in this chapter shall affect any grant made by the Legislature prior to January 28, 1911, to persons having discovered mines or quarries; nor be construed to give a person the right to enter upon such lands, to break up such lands, to work any mine or quarry upon such lands, or remove any minerals from such lands, unless the written consent of the Commissioner of Buildings and General Services is previously obtained. Written permission to erect buildings upon such lands for the working of mines or quarries upon such lands may be given by the Commissioner of Buildings and General Services, when he or she is satisfied that the erection of such buildings will not be detrimental to the interests, of the State.

(Amended 1959, No. 328 (Adj. Sess.), § 16(c); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.)

§ 305 Cutting of timber restricted

Nothing in this chapter shall authorize a person working a mine or quarry upon such lands, to cut or destroy any timber whatever, except such trees as it may be actually necessary to remove in order to uncover or make a road to such mine or quarry. For all trees which are cut, the party operating such mine or quarry shall pay into the State Treasury, as soon as the amount thereof is determined, such sums as the Commissioner of Forests, Parks and Recreation, by a writing filed with the Commissioner of Buildings and General Services, declares to be the value of such trees. Such value in the case of merchantable timber shall, in no instance, be less than $5.00 per 1,000.

(Amended 1959, No. 328 (Adj. Sess.), § 16(d); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.)

§ 306 Bond required to work claim

A person proposing to work a mine or quarry upon such lands or upon land beneath such waters, before commencing such work thereon, shall file with the Commissioner of Buildings and General Services a bond in such sum and with such sureties as such Commissioner of Buildings and General Services shall require, conditioned for the payment when due of all sums of money coming due to the State, under the provisions of this chapter, and shall renew such bond and furnish such bond in addition thereto as such Commissioner of Buildings and General Services shall from time to time require.

(Amended 1959, No. 328 (Adj. Sess.), § 16(e); 1995, No. 148 (Adj. Sess.), § 4(c)(2), eff. May 6, 1996.)

§ 307 Default by claimant

If, at any time, a person working a mine or quarry upon such lands or upon land beneath such waters fails to make the payments required by this chapter when due, or fails to file any bond so required, his or her rights and the rights of all persons holding under him or her in such quarry or mine shall then and thereby terminate.

§ 308 Application to State forests and parks

The provisions of this chapter shall not be construed so as to apply to State forests and parks.

(Amended 1959, No. 328 (Adj. Sess.), § 16(e); 1977, No. 253 (Adj. Sess.), § 4.)

Chapter 11 Management of Lakes and Ponds

§ 401 Policy

Lakes and ponds that are public waters of Vermont and the lands lying thereunder are a public trust, and it is the policy of the State that these waters and lands shall be managed to serve the public good, as defined by section 405 of this title, to the extent authorized by statute. For the purposes of this chapter, the exercise of this management shall be limited to encroachments subject to section 403 of this title. The management of these waters and lands shall be exercised by the Department of Environmental Conservation in accordance with this chapter and the rules of the Department. For the purposes of this chapter, jurisdiction of the Department shall be construed as extending to all lakes and ponds that are public waters and the lands lying thereunder, which lie beyond the shoreline or shorelines delineated by the mean water level of any lake or pond that is a public water of the State, as such mean water level is determined by the Department. For the purposes of this chapter, jurisdiction shall include encroachments of docks and piers on the boatable tributaries of Lake Champlain and Lake Memphremagog upstream to the first barrier to navigation, and encroachments of docks and piers on the Connecticut River impoundments and boatable tributaries of such impounds upstream to the first barrier to navigation. No provision of this chapter shall be construed to permit trespass on private lands without the permission of the owner.

(Added 1967, No. 308 (Adj. Sess.), § 1, eff. March 22, 1968; amended 1969, No. 281 (Adj. Sess.), § 1; 1975, No. 162 (Adj. Sess.), § 1, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 110, eff. Jan. 31, 2005; 2009, No. 117 (Adj. Sess.), § 1.)

§ 402 Definitions

Whenever used in this chapter, unless a different meaning clearly appears from the context:

(1) “Board” means the Land Use Review Board.

(2) “Department” means the Department of Environmental Conservation.

(3) “Encroach” means to place or cause to be placed any material or structure in any lakes and ponds that are public waters or to alter, or cause to be altered, the lands underlying any waters, or to place or cause to be placed any bridge, dock, boathouse, cable, pipeline, or similar structure beyond the shoreline as established by the mean water level of any lakes and ponds that are public waters under the jurisdiction of the Board.

(4) “Navigable water” or “navigable waters” means those waters as defined in 10 V.S.A. § 1422(4).

(5) “Person” means any individual; partnership; company; corporation; association; joint venture; trust; municipality; the State of Vermont or any agency, department, or subdivision of the State; any federal agency; or any other legal or commercial entity.

(6) “Public good” means that which shall be for the greatest benefit of the people of the State of Vermont.

(7) “Public waters” means navigable waters excepting those waters in private ponds and private preserves as set forth in 10 V.S.A. § 1442.

(Added 1967, No. 308 (Adj. Sess.), § 2, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 2, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 1987, No. 76, § 18; 2003, No. 115 (Adj. Sess.), § 111, eff. Jan. 31, 2005; 2011, No. 138 (Adj. Sess.), § 27, eff. May 14, 2012; 2023, No. 79, § 3, eff. July 1, 2023.)

§ 403 Encroachment prohibited

(a)(1) Except as provided in subsection (b) of this section, no person shall encroach on any of those waters and lands of lakes and ponds under the jurisdiction of the Department without first obtaining a permit under this chapter.

(2) Except as provided in subsection (b) of this section, no person shall encroach on the following waters with a dock or pier without first obtaining a permit under this chapter:

(A) boatable tributaries of Lake Champlain and Lake Memphremagog upstream to the first barrier to navigation; and

(B) Connecticut River impoundments and boatable tributaries of such impoundments upstream to the first barrier to navigation.

(3) No permit shall be granted if the encroachment adversely affects the public good.

(b) A permit shall not be required for the following uses provided that navigation or boating is not unreasonably impeded:

(1) wooden or metal docks for noncommercial use mounted on piles or floats provided that:

(A) the combined horizontal distance of the proposed encroachment and any existing encroachments located within 100 feet thereof that are owned or controlled by the applicant do not exceed 50 feet and their aggregate surface areas do not exceed 500 square feet; and

(B) concrete, masonry, earth or rock fill, sheet piling, bulkheading, cribwork, or similar construction does not form a part of the encroachment;

(2) a water intake pipe not exceeding two inches inside diameter;

(3) temporary extensions of existing structures added for a period not to exceed six months, if required by low water;

(4) ordinary repairs and maintenance to existing commercial and noncommercial structures;

(5) duck blinds, floats, rafts, and buoys.

(c) Existing encroachments shall not be enlarged, extended, or added to without first obtaining a permit under this chapter, except as provided in subsection (b) of this section.

(d) This chapter shall not apply to encroachments subject to the provisions of 10 V.S.A. chapter 43, concerning dams, or regulations adopted under the provisions of 10 V.S.A. § 1424 concerning public waters.

(e) This section shall not apply to the installation on lake bottoms of small filtering devices not exceeding nine square feet of disturbed area on the end of water intake pipes less than two inches in diameter for the purpose of zebra mussel control.

(Added 1967, No. 308 (Adj. Sess.), § 3, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 3, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.) § 41; 1993, No. 233 (Adj. Sess.), § 52, eff. June 21, 1994; 2009, No. 117 (Adj. Sess.), § 2.)

§ 404 Application for construction

(a) An application for a permit to encroach shall be filed with the Department. The application shall set forth the location, type, size, and shape of the encroachment and the plans and specifications to be followed in the construction.

(b) The Department may conduct hearings, investigations, examinations, tests, and site evaluations necessary to verify information contained in the application. An applicant shall grant the Department permission to enter upon his or her land for these purposes.

(Added 1967, No. 308 (Adj. Sess.), § 4, eff. March 22, 1968; amended 1981, No. 222 (Adj. Sess.), § 41.)

§ 405 Investigation and determination of public good

(a) When an application is filed under this chapter, the Department shall proceed in accordance with 10 V.S.A. chapter 170.

(b) In determining whether the encroachment will adversely affect the public good, the Department shall consider the effect of the proposed encroachment as well as the potential cumulative effect of existing encroachments on water quality, fish and wildlife habitat, aquatic and shoreline vegetation, navigation, and other recreational and public uses, including fishing and swimming, consistency with the natural surroundings, and consistency with municipal shoreland zoning ordinances or any applicable State plans. If the Department determines, after reviewing the applications, the written comments filed within the notice period, and the results of the investigation, that the proposed encroachment will not adversely affect the public good, the application shall be approved.

(d) A permit issued pursuant to this section shall be effective on the date that it is signed and issued to the applicant.

(Added 1967, No. 308 (Adj. Sess.), § 5, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 4, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 2015, No. 150 (Adj. Sess.), § 32, eff. Jan. 1, 2018; 2021, No. 170 (Adj. Sess.), § 14, eff. July 1, 2022; 2023, No. 79, § 16, eff. July 1, 2023.)

§ 406 Appeals

Appeals of any act or decision of the Department under this chapter shall be made in accordance with 10 V.S.A. chapter 220.

(Added 1967, No. 308 (Adj. Sess.), § 6, eff. March 22, 1968; amended 1975, No. 162 (Adj. Sess.), § 5, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.) § 41; 2003, No. 115 (Adj. Sess.), § 112, eff. Jan. 31, 2005.)

§ 407 Repealed

[Repealed]

2003, No. 115 (Adj. Sess.), § 119(b), eff. Jan. 31, 2005.

§ 408 Permit

(a) A permit may contain any conditions that the Department considers necessary to protect the public good.

(b) No person granted a permit under this chapter is relieved of the responsibility to comply with any other applicable federal, State, and local laws, regulations, and permits.

(d) Temporary emergency permits may be issued, pursuant to 3 V.S.A. § 2822(c).

(Added 1967, No. 308 (Adj. Sess.), § 8, eff. March 22, 1968; 1975, No. 162 (Adj. Sess.), § 7, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 2003, No. 82 (Adj. Sess.), § 7; 2003, No. 115 (Adj. Sess.), § 113, eff. Jan. 31, 2005.)

§ 409 Injunction

Any person aggrieved by any violation of this chapter, or the Attorney General at the request of the Department, may institute any appropriate action in the Superior Court of the county in which a proposed or existing encroachment is located to prevent, restrain, correct, or abate any violation of this chapter or of the conditions of any permit issued under this chapter.

(Added 1967, No. 308 (Adj. Sess.), § 9, eff. March 22, 1968; amended 1969, No. 281 (Adj. Sess.), § 2; 1971, No. 185 (Adj. Sess.), § 208, eff. March 29, 1972; 1975, No. 162 (Adj. Sess.), § 8, eff. March 15, 1976; 1981, No. 222 (Adj. Sess.), § 41; 2003, No. 115 (Adj. Sess.), § 114.)

§ 410 Rulemaking; encroachments on public waters

The Department may adopt rules to implement the requirements of this chapter.

(Added 2011, No. 138 (Adj. Sess.), § 25, eff. May 14, 2012.)

Chapter 13 Natural Gas and Oil Resources

§§ 501-506 Repealed

[Repealed]

1981, No. 240 (Adj. Sess.), § 1, eff. April 28, 1982.

Chapter 14 Natural Gas and Oil Conservation

Subchapter 1 General Provisions [repealed]

§§ 501-505 Repealed

[Repealed]

(Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982; repealed by 2023, No. 53, § 135, eff. June 8, 2023.)

Subchapter 2 Administration [repealed]

§§ 511-517 Repealed

[Repealed]

(Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982; repealed by 2023, No. 53, § 135, eff. June 8, 2023.)

Subchapter 3 Conservation of Oil and Gas [repealed]

§§ 521-526 Repealed

[Repealed]

(Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982; repealed by 2023, No. 53, § 135, eff. June 8, 2023.)

Subchapter 4 State Oil and Gas Leases [repealed]

§§ 531-535 Repealed

[Repealed]

(Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982; amended 2003, No. 121 (Adj. Sess.), § 36, eff. June 8, 2004; 2013, No. 142 (Adj. Sess.), § 45; repealed by 2023, No. 53, § 135, eff. June 8, 2023.)

Subchapter 5 Permits, Reports, and Notices [repealed]

§§ 541-545 Repealed

[Repealed]

(Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982; repealed by 2023, No. 53, § 135, eff. June 8, 2023.)

Subchapter 6 Violations, Enforcement, and Penalties [repealed]

§§ 551-555 Repealed

[Repealed]

(Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982; repealed by 2023, No. 53, § 135, eff. June 8, 2023.)

Subchapter 7 Miscellaneous [repealed]

§§ 561-566 Repealed

[Repealed]

(Added 1981, No. 240 (Adj. Sess.), § 2, eff. April 28, 1982; repealed by 2023, No. 53, § 135, eff. June 8, 2023.)

§ 561 Release of oil and gas leases

(a) After the expiration, cancellation, surrender, or relinquishment of an oil and gas lease, upon written request of the lessor, the lessee shall file a release or discharge of the lease in the land records of the town or towns where the lands described in the lease are located. The filing shall be in recordable form and shall include any fees.

(b) If any lessee, or the lessee’s personal representative, successor, or assign, fails or refuses to record a release for a period of 30 days after being so requested, the lessee shall be liable for all damages occasioned thereby, including costs and reasonable attorney’s fees.

(c) A lessor’s request for release or discharge shall be in writing and delivered to the lessee by personal service or registered mail at the lessee’s last known address.

(Added 2023, No. 161 (Adj. Sess.), § 35, eff. June 6, 2024.)

§ 562 Reserved

[Reserved]

§ 563 Abandonment of oil and gas interests; preservation

(a) An abandoned interest in oil and gas shall revert to and merge with the surface estate from which it was severed.

(b) An interest in oil and gas is deemed abandoned at any time that:

(1) it has been unused for a continuous period of 10 years after July 1, 1973; and

(2) no statement of interest under subsection (e) of this section has been filed at any time within the preceding five years.

(c) The provisions of subsection (b) of this section shall not apply to any interest in oil or gas that has been retained by the owner who originally severed the mineral estate from the surface estate, notwithstanding that other interests in the land, including ownership of the surface, may have been sold, leased, mortgaged, or otherwise transferred.

(d) This section applies to all interests in oil and gas. It also applies to interests in other minerals if created inclusively in the same instrument that expressly creates an oil and gas interest. It does not apply to mineral interests that do not expressly include an oil and gas interest or were intended to be separate from an oil and gas interest.

(e) An interest in oil and gas is deemed used at any time in which:

(1) there is actual production of oil or gas, including production from lands covered by a lease to which an oil and gas interest is subject, or from lands pooled or unitized with such lands;

(2) oil and gas operations are conducted under the terms of the instrument creating the oil and gas interest;

(3) payment is made of rental or royalties for the purpose of delaying the use or continuing the use of the oil and gas interest;

(4) payment of taxes is made on the oil and gas interest; or

(5) there exists a currently valid permit under 10 V.S.A. chapter 151 or a currently valid drilling permit under this chapter for development of the oil and gas interest.

(f) The owner of an interest in oil or gas may file a statement of interest in the land records of any municipality in which the land affected is located. The statement shall include a description of the land affected, the nature of the interest claimed, the book and page of recording of the original grant of the interest, and the name and address of the person claiming the interest.

(g) The owner of the surface estate from which an oil and gas interest was severed may give notice of abandonment under this subsection. Notice shall contain the name of the record owner of the interest; a description of the land and the nature of the interest; the book and page of filing of the interest, if it is filed; the name and address of the person giving notice; and a statement that the interest is presumed abandoned. The notice shall be published in a newspaper of general circulation in the town or towns where the land affected is located. If the address of the owner of the oil and gas interest is shown on record, a copy of the notice shall be mailed to that address by certified or registered mail within 10 days after the date of publication.

(h) A copy of the notice under subsection (g) of this section, and an affidavit, may be filed in the land records of the municipality in which the land is located. The affidavit shall state that the oil or gas interest has been abandoned under the criteria set forth in subsection (b) of this section, and that notice of abandonment has been given under the criteria set forth in subsection (g) of this section. After the notice and affidavit have been filed, unless a court finds to the contrary, the oil and gas interest shall be presumed abandoned, and the interest of the surface owner shall be presumed for all purposes free of encumbrance from that interest.

(Added 2023, No. 161 (Adj. Sess.), § 36, eff. June 6, 2024.)

§§ 564-570 Reserved

[Reserved]

§ 571 Hydraulic fracturing; prohibition

(a) No person may engage in hydraulic fracturing in the State.

(b) No person within the State may collect, store, or treat wastewater from hydraulic fracturing.

(Added 2011, No. 152 (Adj. Sess.), § 3, eff. May 16, 2012; amended 2023, No. 53, § 135, eff. June 8, 2023.)

Chapter 15 Board of Public Works

§§ 601-611 Repealed

[Repealed]

1995, No. 188 (Adj. Sess.), § 4(12).

Chapter 16 Vermont Transportation Authority

Subchapter 1 General Provisions

§§ 701-704 Repealed

[Repealed]

2019, No. 61, § 17.

Subchapter 2 Establishment and Organization

§§ 711-716 Repealed

[Repealed]

2019, No. 61, § 17.

Subchapter 3 Powers and Duties

§§ 730-735 Repealed

[Repealed]

2019, No. 61, § 17.

Subchapter 4 Form and Nature of Bonds and Notes

§§ 751-754 Repealed

[Repealed]

2019, No. 61, § 17.

Subchapter 5 Sale and Issuance of Bonds and Notes

§§ 771-777 Repealed

[Repealed]

2019, No. 61, § 17.

Subchapter 6 Eminent Domain

§§ 791-795 Repealed

[Repealed]

2019, No. 61, § 17.

Subchapter 7 Protection of Bond and Noteholders

§§ 811-814 Repealed

[Repealed]

2019, No. 61, § 17.

Chapter 17 Names of State Facilities

§ 820 The naming of State buildings and facilities

Except for State transportation buildings and facilities named by the Transportation Board in accordance with 19 V.S.A. § 5, the name by which a State building or facility is to be known shall be authorized by the General Assembly.

(Added 1993, No. 233 (Adj. Sess.), § 78, eff. June 21, 1994; amended 2015, No. 40, § 26a, eff. March 1, 2016.)

§ 821 State facilities

(a) State buildings.

(1) “Asa Bloomer State Office Building” shall be the name of the building now known as the “Hulett” office building in the city of Rutland.

(2) “Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont” shall be the name of the buildings and grounds now known as the “Vermont Fire and Police Training Academy” in Pittsford.

(3) “Edgar M. Weed State Fish Hatchery” shall be the name of the State Fish Hatchery on Lake Champlain in Grand Isle.

(4) “Mac L. Stevens Memorial Hangar” shall be the name of the aircraft hangar at the Agency of Transportation District 6 headquarters at the E.F. Knapp Airport in Berlin.

(5) “John J. Zampieri State Office Building” shall be the name of the State office building at 108 Cherry Street in Burlington.

(6) “Emory A. Hebard State Office Building” shall be the name of the State office building at 100 Main Street in Newport.

(7) The parking lot for the “Emory A. Hebard State Office Building,” located at the State office building at 100 Main Street in Newport, shall be named the “Warren ‘Jersey’ Drown Parking Facility.”

(8) “McFarland State Office Building” shall be the name of the State office building at Five Perry Street in Barre.

(9) “Vermont Psychiatric Care Hospital” shall be the name of the State Hospital in Berlin.

(10) “Vermont State Health Laboratory” shall be the name of the State Health Laboratory in Colchester.

(11) “Senator James M. Jeffords Welcome Center” shall be the name of the Welcome Center in Bennington.

(12) “Northeast Kingdom International Airport” shall be the name of the Newport State Airport in Coventry.

(13) “Vermont Agriculture and Environmental Laboratory” shall be the name of the State laboratory in Randolph.

(14) “Francis B. McCaffrey Courthouse” shall be the name of the courthouse at 9 Merchants Row in Rutland.

(15) “River Valley Therapeutic Residence” shall be the name of the secure residential recovery facility in Essex.

(b) State correctional facilities. The names of State correctional facilities shall be as follows:

(1) In Newport City, “Northern State Correctional Facility.”

(2) In St. Albans, “Northwest State Correctional Facility.”

(3) In Springfield, “Southern State Correctional Facility.”

(4) In Windsor, “Southeast State Correctional Facility.”

(5) In St. Johnsbury, “Northeast Regional Correctional Facility.”

(6) In Rutland, “Marble Valley Regional Correctional Facility.”

(7) In South Burlington, “Chittenden Regional Correctional Facility.”

(8) In Woodstock, “Woodstock Regional Correctional Facility.”

(9) In St. Johnsbury, “Caledonia Community Work Camp.”

(10) [Repealed].

(Added 1993, No. 233 (Adj. Sess.), § 78, eff. June 21, 1994; amended 1995, No. 62, §§ 40, 51, eff. April 26, 1995; 1997, No. 148 (Adj. Sess.), § 74, eff. April 29, 1998; 1999, No. 148 (Adj. Sess.), § 81, eff. May 24, 2000; 2001, No. 149 (Adj. Sess.), § 27, eff. June 27, 2002; 2003, No. 121 (Adj. Sess.), § 25, eff. June 8, 2004; 2005, No. 147 (Adj. Sess.), § 31, eff. May 15, 2006; 2013, No. 51, § 29a, eff. May 29, 2013; 2015, No. 26, § 26, eff. May 18, 2015; 2015, No. 40, § 24; 2015, No. 160 (Adj. Sess.), § 28, eff. June 2, 2016; 2019, No. 42, § 23, eff. May 30, 2019; 2021, No. 185 (Adj. Sess.), § E.314.2, eff. July 1, 2022.)

Chapter 19 Training Center Governance Committee

§ 841 Committee creation

(a) Creation. There is created the Training Center Governance Committee to manage access to the facilities of the Robert H. Wood Jr. Criminal Justice and Fire Service Training Center of Vermont (Training Center), located in Pittsford, Vermont.

(b) Membership. The Committee shall be composed of the following eight members:

(1) the Executive Director of the Vermont Criminal Justice Council;

(2) the Chair of the Vermont Fire Service Training Council;

(3) an employee of the Department of Buildings and General Services, appointed by the Commissioner of the Department;

(4) the Chair of the Vermont Criminal Justice Council;

(5) the Chief Training Officer of the Vermont Fire Academy;

(6) an employee of the Department of Corrections, appointed by the Commissioner of the Department;

(7) the Director of the Division of Fire Safety; and

(8) a member of the State Police, appointed by the Commissioner of Public Safety.

(1) Use and access. Govern the use of and access to the Training Center. In so governing, the Committee shall take into consideration the needs of the State’s various agencies and members of the public in using the Training Center’s facilities.

(2) Future needs and capital investments.

(A) Plan for the future capital needs of the Training Center;

(B) submit a capital program plan to the Department of Buildings and General Services for the capital construction bill set forth in 32 V.S.A. § 701a and report to the General Assembly as necessary on any recommended legislative action for capital needs; and

(3) Performance analysis. Establish policies to ensure the facility training needs of those persons that use the Training Center are cost-effectively met, and establish performance measures for assessing on an ongoing basis how well those needs are met.

(4) Budget and rates.

(A) Manage the operating budget for the facilities at the Training Center;

(B) set the rates for use of space at the Training Center;

(C) enter into and administer new contracts on behalf of the Training Center regarding the operations of the Training Center; and

(D) develop approaches to budgeting and paying for space that encourage collaboration among those persons that use the Training Center, and address future major maintenance needs.

(d) Meetings.

(1) The Committee shall meet not fewer than four times per year.

(2) A majority of the membership shall constitute a quorum.

(3) The Committee shall elect a chair and may adopt rules of procedure.

(e) Reimbursement. Members of the Committee who are not employees of the State and who are not otherwise compensated or reimbursed for their attendance shall be entitled to per diem compensation and reimbursement of expenses pursuant to 32 V.S.A. § 1010.

(Added 2015, No. 26, § 43, eff. May 18, 2015.)

§ 842 Training Safety Subcommittee; recommendations; Governance Committee report

(a) Subcommittee creation. There is created as a subcommittee of the Training Center Governance Committee the Training Safety Subcommittee to make recommendations regarding training safety at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont (Training Center).

(b) Subcommittee membership. The Subcommittee shall be composed of seven members.

(1) Four of these members shall be members of the Training Center Governance Committee, appointed by the Committee as follows:

(A) two shall represent the Vermont Police Academy; and

(B) two shall represent the Vermont Fire Academy.

(2) The remaining three members shall be as follows:

(A) the Commissioner of Labor or designee;

(B) the Risk Management Manager of the Office of Risk Management within the Agency of Administration; and

(C) one employee of the Vermont League of Cities and Towns who specializes in risk management, appointed by the Executive Director of the League.

(1) on or before February 1, review the safety records of the Training Center; and

(2) on or before July 1, submit to the Training Center Governance Committee its recommendations regarding how training safety at the Training Center could be improved.

(d) Governance Committee review and report.

(1) The Training Center Governance Committee shall review and consider the recommendations made by the Subcommittee under subsection (c) of this section.

(2) Annually, on or before January 15, the Governance Committee shall report to the General Assembly regarding:

(A) any training safety issues it has discovered at the Training Center and any steps it has taken to remedy those issues; and

(B) whether the Governance Committee has instituted any of the Subcommittee’s recommendations for training safety and if not, the reasons therefor.

(3) The provisions of 2 V.S.A. § 20(d) (expiration of required reports) shall not apply to the report required to be made under this subsection.

(Added 2015, No. 118 (Adj. Sess.), § 12.)

Chapter 49 Department of Buildings and General Services

Subchapter 1 General Provisions

§ 901 Repealed

[Repealed]

1987, No. 243 (Adj. Sess.), § 37, eff. June 13, 1988.

§ 902 Duties of Commissioner of Buildings and General Services

(a) The Commissioner of Buildings and General Services shall contract for and make all purchases, including all fuel, supplies, materials, equipment, for all departments, offices, institutions, and other agencies of the State and counties. However, he or she may delegate authority to those governmental agencies to purchase directly individually approved types and classes of items when the interests of the State are best served thereby. He or she shall also contract for and purchase materials for the repair and for the construction and equipment of new buildings to be erected by the State, unless otherwise provided. He or she may purchase such supplies, materials, and equipment as are requisitioned by the supervisors of the natural resources conservation districts. He or she may also cooperate with and advise officials of any political subdivision of the State or any institution of higher education chartered in Vermont and accredited or holding a certificate of approval from the State Board of Education in their purchase of any of the supplies, materials, and equipment needed by the political subdivision or institution of higher education, and may act as the agent of the political subdivision at the request of the authorized officials or agent thereof in the purchase of supplies, materials, and equipment.

(b) [Repealed.]

(c) The Commissioner of Buildings and General Services may establish, in consultation with the heads of the governmental agencies, quality standards for all items specified in subsection (a) of this section.

(d) The Commissioner of Buildings and General Services may prescribe forms to be used in all purchasing, warehousing, and inventory functions set forth in this section; and when he or she so prescribes, the forms shall be used by all departments and agencies affected by this section.

(e) [Repealed.]

(f) The Commissioner of Buildings and General Services may also:

(1) establish and supervise inventory methods to be used by all government agencies;

(2) [Repealed.]

(3) maintain and operate the office supply service;

(4) receive, warehouse, manage, and distribute all State property and commodities, except alcoholic beverages purchased by the Board of Liquor and Lottery; and all surplus federal property and commodities;

(5) maintain central inventory of all State property and equipment other than lands and buildings; and

(6) maintain and operate the State’s Fleet Management System.

(g) The Commissioner of Buildings and General Services may establish substitute practices and exceptions from practices in requisitioning and purchasing that do not violate the spirit and intent of the general procedures; and he or she may direct, subject to the right of appeal by the head of the governmental agency to the Governor, the purchase of specified items to be made under the substitute practices and exceptions from practices.

(h) The Commissioner of Buildings and General Services may employ a standards and specifications engineer who shall under the supervision and direction of the Commissioner of Buildings and General Services:

(1) develop standards;

(2) assist the buyers and requisitioning agencies in formulating specifications;

(3) work on the continued expansion of the testing program;

(4) cooperate with departments and other agencies in the improvement of inspection practices;

(5) perform such other duties relative to the duties of the Commissioner of Buildings and General Services as the Commissioner of Buildings and General Services may direct.

(i) Notwithstanding subsection (a) of this section, all alcoholic beverages sold by the Board of Liquor and Lottery shall be purchased by the Board as set forth in 7 V.S.A. §§ 104 and 107.

(Added 1959, No. 328 (Adj. Sess.), § 13; amended 1961, No. 31, § 1; 1963, No. 79, § 1(b), eff. May 7, 1963; 1965, No. 125, § 16, eff. July 2, 1965; 1967, No. 303 (Adj. Sess.), § 15(b); 1987, No. 243 (Adj. Sess.), § 38, eff. June 13, 1988; 1991, No. 87, § 3; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2005, No. 147 (Adj. Sess.), § 29, eff. May 15, 2006; 2013, No. 50, § E.101.8; 2017, No. 83, § 158; 2018, No. 1 (Sp. Sess.), § 88.)

§ 903 Requisition for supplies and materials

(a) When any governmental agency is in need of any of the items mentioned in this chapter, the responsible officer thereof shall requisition therefor upon the Commissioner of Buildings and General Services, and the Commissioner of Buildings and General Services shall purchase the items by either advertising for bids or by letters of inquiry and the contract for those items shall be awarded to the person whose bid or quotation is in the best interests of the State. Subject to the provisions of subsections (b) and (c) of this section, the Commissioner of Buildings and General Services may reject any or all bids or quotations and with the approval of the Secretary of Administration, procure items in such manner as may be in the best interests of the State.

(b) When purchasing any items mentioned in this chapter, the Commissioner of Buildings and General Services, in any determination of the best interests of the State shall consider (1) specified quality; (2) price; (3) ease of access of supply; (4) incidental administrative costs; (5) proven reliability of bidder; (6) use of recycled materials or products; (7) minimizing the creation, by the State, of solid waste; (8) the extent to which the usage of the item involves the generation of pollutants; (9) life cycle costs, if required under the State Agency Energy Plan, as implemented; (10) the interests of the State relating to the proximity of the supplier and the costs of transportation, and relating to the economy of the State and the need to maintain and create jobs in the State; and (11) the use of railroads and the increased revenues returning to the State from its railroad leasing program. The Commissioner, in the Commissioner’s discretion, may spend up to 10 percent more for comparable products that are made of recycled materials. If products made of recycled materials are to cost more than 10 percent more than comparable products, the Commissioner shall receive consent of State entities that are to use the product, before completing the order for the materials in question.

(c) Whenever any business or industry located in Vermont and employing citizens of this State has submitted a bid and the item has not been purchased from them, the Commissioner of Buildings and General Services shall record his or her reason for assigning the order as he or she did and his or her report shall be a public record available to any interested person. All bids or quotations shall be kept on file in his or her office and open to public inspection.

(d) The Commissioner of Buildings and General Services, with the assistance of all State agencies, shall cooperate with the generators and managers of waste materials which may be recycled and with the producers of products which use recycled materials to maximize the State’s use of those materials and products, particularly where the added cost of using waste materials rather than virgin materials is less than the cost avoided by not having that waste in the waste stream. Proceeds from the sale of waste materials collected by the Department of Buildings and General Services shall be credited to a special fund and shall be available to the Department to offset the cost of recycling efforts. The goal for the purchase of recycled materials shall be at least 40 percent by the end of 2008. For purposes of this section, “recycled materials” include recycled paper products, retreaded automobile tires, re-refined lubricating oil, used automotive parts, reclaimed solvents, recycled asphalt, recycled concrete, and compost materials.

(e) [Repealed.]

(f) [Repealed.]

(g) The Commissioner of Buildings and General Services, when purchasing or leasing vehicles for State use, shall, to the maximum extent practicable, purchase or lease hybrid or plug-in electric vehicles, as defined in 23 V.S.A. § 4(85), but in no instance shall less than 75 percent of the vehicles annually purchased or leased be hybrid or plug-in electric vehicles. The Commissioner shall, whenever possible and provided that the vehicles are comparable and meet the State’s needs, purchase or lease the lowest-cost year of the selected make and model, and only the latest year model when it is the least expensive.

(Added 1959, No. 328 (Adj. Sess.), § 13; amended 1966, No. 9 (Sp. Sess.); 1987, No. 78, §§ 18, 19; 1987, No. 243 (Adj. Sess.), § 36, eff. June 13, 1988; 1987, No. 281 (Adj. Sess.), § 311; 1989, No. 286 (Adj. Sess.), § 8; 1991, No. 75, § 5; 1991, No. 259 (Adj. Sess.), §§ 9, 10; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1995, No. 183 (Adj. Sess.), § 8, eff. May 22, 1996; 1997, No. 155 (Adj. Sess.), § 4; 2003, No. 121 (Adj. Sess.), § 42, eff. June 8, 2004; 2009, No. 33, § 57; 2013, No. 142 (Adj. Sess.), § 96; 2015, No. 58, § E.100.3, eff. June 11, 2015; 2019, No. 59, § 40; 2019, No. 59, § 41, eff. July 1, 2021.)

§ 903a Alternative purchasing sources

As an alternative to the procedures set forth in section 903 of this title, the Commissioner may elect to purchase any of the items mentioned in this chapter through a program established by the federal General Services Administration to supply federal agencies with supplies and materials, or may choose to participate in cooperative purchases with other states, provided that the Commissioner first determines that purchasing through the General Services Administration or cooperative agreements with other states is in the best interests of the State as provided in subsection 903(b) of this title.

(Added 1995, No. 178 (Adj. Sess.), § 298.)

§ 904 Surplus property; acceptance and distribution

The Commissioner of Buildings and General Services or the Commissioner’s designee, as approved by the Secretary of Administration may apply for and accept in the name of the State all federal surplus property and commodities, including food commodities formerly acquired by the Department of Education under former 16 V.S.A. § 205 or the Department of Institutions, under 1945 Acts and Resolves No. 4, as may be made available to the State, municipalities, and nonprofit private schools by the federal government or any agency thereof. The Commissioner or designee may distribute that property to such State departments, institutions and agencies, municipalities, and nonprofit private schools as may be entitled thereto.

(Added 1959, No. 328 (Adj. Sess.), § 13; amended 1961, No. 31, § 2; 1991, No. 245 (Adj. Sess.), § 19; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 905 Centralized purchasing of school equipment and supplies

(a) The Commissioner of Buildings and General Services and the Secretary of Education, or their designees, shall develop and promote a program of centralized purchasing of equipment and supplies for public schools in Vermont, by which purchases may be combined in order to obtain volume purchasing discounts and other purchasing benefits.

(b) Establishment of a revolving fund is authorized for the purposes of this section to be administered by the Commissioner of Buildings and General Services. All expenses of the program shall be paid out of the revolving fund. Costs shall be prorated according to rules established by the Commissioner of Buildings and General Services, and charged to users of the program. At his or her discretion, the Commissioner of Finance and Management may anticipate receipts to be paid into the fund based upon assurances from participants in the program and may issue warrants thereon for the purposes of this section.

(Added 1987, No. 14, § 1, eff. April 21, 1987; amended 1987, No. 243 (Adj. Sess.), § 36, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2013, No. 92 (Adj. Sess.), § 282, eff. Feb. 14, 2014.)

§ 906 Stationery and office supplies

(a) The Commissioner of Buildings and General Services shall manage a supply program in order to ensure the disbursal of equipment for use by State government, including fleet vehicles, office supplies, stationery, record books, and forms purchased by the State. The Commissioner shall disburse them upon requisition to all State departments, institutions and, within limits approved by the Commissioner of Finance and Management, to county officers whose compensation and expenses are paid by the State or any institution of higher education chartered in Vermont and accredited or holding a certificate of approval from the State Board of Education. The form of the requisition shall be prescribed by the Commissioner of Buildings and General Services.

(b) The Commissioner shall keep an accurate account of all the property and services mentioned in this section and of its distribution, and shall annually render an account to the Commissioner of Finance and Management of the distribution of those supplies and services rendered for the preceding 12 months and an inventory of all supplies on hand, in such manner and form as shall be approved by the Commissioner of Finance and Management.

(c) The Commissioner shall also maintain a central duplicating section to provide duplicating services for State departments, institutions, and county officers whose compensation and expenses are paid by the State, and supply postal services to all State offices and officers located in central Vermont and in other locations when feasible as determined by the Commissioner.

(d) [Repealed.]

(e) All operating expenses and services of the central supply section and central duplicating section shall be paid out of a revolving fund insofar as possible. The Commissioner of Buildings and General Services, with the approval of the Commissioner of Finance and Management, may assess charges for supplies, equipment, and services, which the Commissioner of Finance and Management shall charge back to appropriations for the various departments all items mentioned under this section, and credit like amounts to the revolving fund.

(Added 1959, No. 328 (Adj. Sess.), § 13; amended 1967, No. 148, § 1; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 243 (Adj. Sess.), § 39, eff. June 13, 1988; 1991, No. 87, § 4; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2003, No. 121 (Adj. Sess.), § 43, eff. June 8, 2004; 2007, No. 65, § 285.)

§ 907 Manner of payment of bills for purchases

(a) The Commissioner of Buildings and General Services shall furnish to suppliers at the expense of the State the forms for all proposals and contracts. The Commissioner shall make all contracts in duplicate and shall forward forthwith one copy to the Commissioner of Finance and Management. An item of expense for any article mentioned in this chapter shall not be allowed by the Commissioner of Finance and Management in the settlement of any account except when the purchase of the article is authorized and approved by the Commissioner of Buildings and General Services.

(b) The Commissioner of Buildings and General Services may establish a purchasing card program for the purpose of authorizing all spending units of the State to use a purchasing card as an alternative payment method for official State purchases. The Commissioner may contract with one or more financial institutions, card-issuing banks, credit card companies, charge card companies, debit card companies, or third-party merchant banks to provide State purchasing cards. The Commissioner may accept receipts from the purchasing card program. The Commissioner is authorized to establish policies for participation in the program and use of the purchasing card.

(Added 1959, No. 328 (Adj. Sess.), § 13; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2003, No. 63, § 25, eff. June 11, 2003; 2005, No. 147 (Adj. Sess.), § 30, eff. May 15, 2006.)

§ 908 Price-fixing illegal; penalty

Every contract, combination, or conspiracy, providing for the establishment or maintenance of minimum prices in the sale of any commodity to the State or any municipality or agency thereof, between manufacturers, producers, wholesalers, factors, retailers, or persons, firms, or corporations in competition with each other is hereby declared illegal. A person who makes such a contract or engages in such a combination or conspiracy shall be fined not more than $5,000.00 or be imprisoned not more than one year, or both.

(1963, No. 149.)

§ 909 State purchase of food and agricultural products

(a) When procuring food and agricultural products for the State, its agencies, departments, instrumentalities, and institutions, the Commissioner of Buildings and General Services shall consider the interests of the State relating to the proximity of the supplier and the costs of transportation, and relating to the economy of the State and the need to maintain and create jobs in the State.

(b) When making purchases pursuant to this section, the Secretary of Administration, the Commissioner of Buildings and General Services, and any State-funded institutions shall, other considerations being equal and considering the results of any econometric analysis conducted, purchase products grown or produced in Vermont when available.

(Added 2011, No. 52, § 72, eff. May 27, 2011.)

Subchapter 2 State Purchasing of Apparel, Footwear, or Textiles

§ 921 Application of subchapter; definitions

(a) This subchapter applies to competitive bids for sale of apparel, footwear, or textiles pursuant to subchapter 1 of this chapter.

(b) As used in this subchapter, unless the context otherwise indicates, the following terms shall have the following meanings:

(1) “Commissioner” means the Commissioner of Buildings and General Services.

(2) “Independent monitor” means a nonprofit organization that is neither funded nor controlled, in whole or in part, by businesses that sell or manufacture apparel, footwear, or textiles.

(Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)

§ 922 Bids for the sale of apparel, footwear, or textiles

(a) The Commissioner shall require that a bidder for the sale of apparel, footwear, or textiles provide certification from each supplier that the supplier at the point of assembly of the goods:

(1) complies with all applicable wage, health, labor, environmental, and safety laws, legal guarantees of freedom of association, building and fire codes, and laws relating to discrimination in hiring, promotion, and compensation on the basis of race, disability, national origin, gender, sexual orientation, and affiliation with any political, nongovernmental, and civic group except when federal law precludes the State from attaching the procurement conditions provided in this subchapter; and

(2) complies with all human and labor rights treaty obligations that are shared by the United States and the country in which the goods are assembled, including obligations with regard to forced labor, indentured labor, slave labor, child labor, involuntary prison labor, physical and sexual abuse, and freedom of association.

(b) Prior to the awarding of a contract, a bidder for the sale of apparel, footwear, or textiles shall submit a list of the names and addresses of suppliers at the point of assembly of goods subject to the bid process.

(c) If, after complying with the filing requirements of this section, a bidder is awarded a contract, that contractor shall, during the term of the contract, promptly inform the Commissioner of any change in the information furnished to the Commissioner pursuant to this section.

(Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)

§ 923 Exception

The Commissioner may accept a bid from and award a contract to a supplier who has not met the requirements provided in section 922 of this title if, after reasonable investigation by the Commissioner, it appears that the required unit or item of supply or brand of that unit or item is procurable by the State from only that supplier or under other extraordinary circumstances. The approval of an exception pursuant to this section shall be documented in writing, signed by the Commissioner, and retained as part of the contract file.

(Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)

§ 924 Repealed

[Repealed]

2011, No. 139 (Adj. Sess.), § 51, eff. May 14, 2012.

§ 925 Complaints of noncompliance with subchapter; investigations of complaints

(a) The Commissioner shall initiate an investigation to determine whether a violation of this subchapter has occurred if:

(1) The Commissioner has knowledge that a contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter.

(2) The contractor informs the Commissioner that the contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter.

(3) A worker for a contractor or for a supplier at the point of assembly of goods subject to a contract files a written complaint directly with the Commissioner stating that the contractor or supplier, to the best of the worker’s knowledge, is not in compliance with this subchapter.

(4) A third party established and based in the United States, on behalf of or on the basis of information from a worker or workers, files directly with the Commissioner a written complaint, signed and dated under oath before an official authorized by applicable law to administer oaths, stating that, to the best of the third party’s knowledge, a contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter.

(5) A third party established and based outside the United States, on behalf of or on the basis of information from a worker or workers, files directly with the Commissioner a signed and dated written complaint stating that, to the best of the third party’s knowledge, a contractor or a supplier at the point of assembly of goods subject to a contract is not in compliance with this subchapter.

(b) After receiving a complaint alleging noncompliance with this subchapter, the Commissioner shall contact in a timely manner, in writing and by certified letter, the contractor that is the subject of the complaint or whose supplier is the subject of the complaint.

(Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)

§ 926 Determinations of noncompliance with subchapter

(a) In making a determination of whether a violation of this subchapter has occurred, the Commissioner may take into account any factors, information, sources of information, and materials determined reliable and relevant by the Commissioner, as determined on a case-by-case basis. The Commissioner has specific authority and discretion to employ an independent monitor to investigate a complaint.

(b) The determination of whether a party subject to a complaint is in compliance with this subchapter is solely that of the Commissioner.

(c) After rendering a determination under this section, the Commissioner promptly shall inform the complainant and contractor in writing.

(Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)

§ 927 Consequences of noncompliance with subchapter

If, in the opinion of the Commissioner, a contractor that has been determined to be not in compliance with this subchapter does not make good-faith efforts to change its practices or use its bargaining position with an offending supplier to change the supplier’s practices, the Commissioner may take appropriate remedial action, including barring the contractor from bidding on future State contracts or terminating the State’s contract with the contractor. Reference to the authority given in this section shall be specifically referenced in State contracts with contractors that are subject to this subchapter.

(Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)

§ 928 Coordination with other jurisdictions

The Commissioner shall coordinate with other jurisdictions of the United States of America with those jurisdictions’ efforts to develop an effective strategy to monitor vendor compliance with the requirements of this subchapter or similar requirements of those jurisdictions.

(Added 2007, No. 105 (Adj. Sess.), § 3, eff. April 28, 2008.)

Chapter 51 Purchasing

§§ 1001-1008 Repealed

[Repealed]

1959, No. 328 (Adj. Sess.), § 35(e).

Chapter 53 Public Printing

Subchapter 1 Printing

§ 1101 Public documents defined

The words “public documents,” as used in this chapter, shall include the acts and resolves and journals of the General Assembly, the reports of State officers or of any commission, board, or person authorized by law to make reports.

(Amended 1969, No. 289 (Adj. Sess.), § 7.)

§ 1102 Repealed

[Repealed]

1987, No. 243 (Adj. Sess.), § 41(1), eff. June 13, 1988.

§ 1103 Printing of reports and bulletins

The Commissioner of Buildings and General Services, after consultation with the State officers and boards, shall cause to be printed such number of their respective bulletins and reports, in such manner and form, as in his or her judgment the best interests of the State require.

(Amended 1961, No. 30, § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 1104 Repealed

[Repealed]

1987, No. 243 (Adj. Sess.), § 41(2), eff. June 13, 1988.

§ 1105 Repealed

[Repealed]

1987, No. 243 (Adj. Sess.), § 41(3), eff. June 13, 1988.

§ 1106 Contracts for printing

The Commissioner of Buildings and General Services may make contracts for printing the public documents, Senate and House bills, printing needed by the Secretary of the Senate and the Clerk of the House for their respective houses, legislative directories, and such other printing and binding as may be authorized by law or the interests of the State require, excepting contracts for printing court dockets.

(Amended 1961, No. 30, § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 1107 Bids

The Commissioner of Buildings and General Services shall make contracts for all State printing by advertisement and bid or letters of inquiry, unless otherwise provided. He or she may reject any and all bids and readvertise or with the approval of the Governor let such contract without further advertisement.

(Amended 1961, No. 30, § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 1108 Acceptance or rejection of bids; conditions of contracts

The Commissioner of Buildings and General Services may require satisfactory bonds from bidders and contractors.

(Amended 1961, No. 30, § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2021, No. 66, § 6, eff. June 7, 2021.)

§ 1109 Repealed

[Repealed]

1987, No. 243 (Adj. Sess.), § 41(4), eff. June 13, 1988.

§ 1110 Repealed

[Repealed]

1987, No. 243 (Adj. Sess.), § 41(5), eff. June 13, 1988.

§ 1111 Stationery, forms, and supplies

The Commissioner of Buildings and General Services shall procure and cause to be printed and distributed all office stationery and shall purchase and cause to be distributed all office supplies required by the General Assembly, the several State officers, departments, institutions, boards, and commissions, and such blank complaints, forms, and record books as are necessary.

(Amended 1961, No. 30, § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 1112 Repealed

[Repealed]

1987, No. 243 (Adj. Sess.), § 41(6), eff. June 13, 1988.

§ 1113 Journals of the Joint Assembly, Senate, and House of Representatives

The Secretary of the Joint Assembly, the Secretary of the Senate, and the Clerk of the House of Representatives, within 60 days after the close of each session of the General Assembly, shall furnish a certified copy of the original journals of their respective houses to the printer designated by the Commissioner of Buildings and General Services, and within 30 days after the receipt from the printer of the last paged copy shall compile a proper index of the journals of their respective houses and furnish the same to the printer, and shall superintend the publication of their respective journals. The journal of the Joint Assembly shall be bound with the Journal of the Senate.

(Amended 1961, No. 30, § 1, eff. March 17, 1961; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 1114 Repealed

[Repealed]

2021, No. 53, § 8(3).

§ 1115 Repealed

[Repealed]

2021, No. 53, § 8(4).

§ 1116 Repealed

[Repealed]

2021, No. 53, § 8(5).

§ 1117 Repealed

[Repealed]

1987, No. 243 (Adj. Sess.), § 41(7), eff. June 13, 1988.

Subchapter 2 Division of Documents

§ 1151 Repealed

[Repealed]

1969, No. 226 (Adj. Sess.), § 18, eff. March 31, 1970.

§ 1152 Repealed

[Repealed]

2017, No. 100 (Adj. Sess.), § 3.

§ 1153 Repealed

[Repealed]

1975, No. 246 (Adj. Sess.), § 3.

§ 1153a Repealed

[Repealed]

2021, No. 53, § 8(6).

§ 1154 Repealed

[Repealed]

2021, No. 53, § 8(7).

§ 1155 Repealed

[Repealed]

1997, No. 2, § 76, eff. Feb. 12, 1997.

§ 1156 Repealed

[Repealed]

2021, No. 53, § 8(8); 2021, No. 66, § 7(2).

§ 1157 Repealed

[Repealed]

2021, No. 53, § 8(9).

§ 1158 Repealed

[Repealed]

2021, No. 53, § 8(10).

§ 1159 Repealed

[Repealed]

2021, No. 53, § 8(11).

§ 1160 Repealed

[Repealed]

2021, No. 53, § 8(12).

§ 1161 Repealed

[Repealed]

2021, No. 53, § 8(13); and 2021, No. 66, § 7(3).

§ 1162 Repealed

[Repealed]

2021, No. 53, § 8(14).

§ 1163 Repealed

[Repealed]

2021, No. 53, § 8(15).

Subchapter 3 Vermont Reports

§ 1191 Publication

The Court Administrator shall contract with an appropriate law book publisher for the editing and printing of the volumes and advance reports of the Vermont Reports.

(Amended 1969, No. 52, § 2, eff. April 10, 1969; 1971, No. 119, § 1, eff. April 26, 1971.)

§ 1192 Repealed

[Repealed]

1991, No. 245 (Adj. Sess.), § 94(b).

§ 1193 Repealed

[Repealed]

1975, No. 246 (Adj. Sess.), § 3.

§ 1193a Sale and exchange of surplus copies

The surplus volumes of Vermont Reports may be sold, the price to be fixed by the State Librarian.

(Added 1975, No. 246 (Adj. Sess.), § 2; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1997, No. 59, § 19, eff. June 30, 1997.)

Subchapter 4 Vermont Key Number Digest

§§ 1231, 1232 Repealed

[Repealed]

1991, No. 144 (Adj. Sess.), § 61, eff. April 22, 1992.

Chapter 55 State Insurance

§ 1401 Purchase of insurance

The Secretary of Administration shall secure insurance coverage for the benefit of the State and its employees while performing official duties, in fire and casualty companies authorized to do business in this State in such amounts and such coverages as deemed for the best interests of the State. Insurance policies covering the State shall provide that loss, if any, shall be payable to the State. All policies shall be filed and kept in the office of the Secretary of Administration. The cost of all insurance purchased and the cost of managing such purchases shall be borne by the department or board for whose benefit it is purchased.

(Added 1959, No. 328 (Adj. Sess.), § 14; amended 1985, No. 242 (Adj. Sess.), § 306; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2013, No. 50, § E.101.)

§ 1402 Repealed

[Repealed]

2013, No. 50, § E.101.1.

§ 1403 Waiver of immunity by municipal corporations and counties

Notwithstanding the provisions of 12 V.S.A. § 5602 or any other statute, when a municipal corporation purchases a policy of liability insurance under 24 V.S.A. § 1092, and when a county purchases a policy of liability insurance under the provisions of 24 V.S.A. § 131, it waives its sovereign immunity from liability to the extent of the coverage of the policy and consents to be sued.

(Added 1959, No. 328 (Adj. Sess.), § 14; amended 1981, No. 213 (Adj. Sess.), § 1; 1989, No. 114, § 7, eff. June 20, 1989.)

§ 1404 Judgments, maximum liability of municipal corporations and counties

Upon trial of any action in which sovereign immunity has been waived, as provided in section 1403 of this title, a judgment shall not be rendered against a municipal corporation or county for more than the maximum amount of liability insurance carried by it and applicable to the subject matter of the action.

(Added 1959, No. 328 (Adj. Sess.), § 14; amended 1989, No. 114, § 8, eff. June 20, 1989.)

§ 1405 Inventories of State property

State departments, institutions, and agencies having property belonging to the State or in their charge on or before February 1 in each even-numbered year shall render an inventory to the Secretary of Administration of all such property, and its value, on hand on January 1 preceding, on such forms and in such detail as the Secretary of Administration may require.

(Added 1959, No. 328 (Adj. Sess.), § 14; amended 1963, No. 215, § 4; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2013, No. 50, § E.101.2.)

§ 1406 Liability insurance

(a) The Secretary of Administration, on behalf of the State, may contract or enter into agreements with any insurance company or companies or insurance corporation or corporations licensed to do business within the State for the purpose of insuring the State against liability or may self-insure against liability.

(b) The Secretary of Administration is directed to charge back against individual departmental appropriations in all funds the proper amounts necessary to pay the cost of the insurance or self-insurance referred to in subsection (a) of this section.

(c) The State Liability Self-Insurance Fund is created to provide a program of self-insuring liability coverages for all State agencies, Legislature, departments, State colleges, Judiciary, quasi-State agencies, boards, commissions, and employees, as defined in 3 V.S.A. § 1101. All covered entities shall participate in the program and shall contribute to the Fund. The Fund shall be administered by the Secretary of Administration to adjust claims, to pay judgments, and to reimburse contractors and State agencies for services rendered.

(1) All balances remaining in the Fund at the end of the fiscal year shall be carried forward to remain in the Fund. Interest earned by the Fund shall be deposited in the Fund.

(2) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.

(3) Losses shall be fully reserved and funded and provision shall be made for losses incurred but not reported. The Fund shall be actuarially reviewed annually.

(Added 1959, No. 328 (Adj. Sess.), § 14; amended 1981, No. 213 (Adj. Sess.), § 2; 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 243 (Adj. Sess.), § 46, eff. June 13, 1988; 1989, No. 114, § 9, eff. June 20, 1989; 1989, No. 163 (Adj. Sess.), § 1; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2013, No. 50, § E.101.3.)

§ 1407 Definition

For purposes of this chapter only, natural resources conservation districts shall be considered agencies of the State, and their employees shall be considered State employees.

(Added 1983, No. 142 (Adj. Sess.), § 1, eff. April 6, 1984.)

§ 1408 Workers’ compensation insurance

(a) The State Employees’ Workers’ Compensation Fund is created to provide a program for self-insurance coverage for all officers and State employees, as defined in 3 V.S.A. § 1101, of all State agencies, departments, boards, and commissions, as well as any other person defined as an employee pursuant to 21 V.S.A. chapter 9. All State agencies, departments, boards, and commissions shall participate in the program and contribute to the Fund. The Fund shall be administered by the Secretary of Administration, who:

(1) shall authorize payments from the Fund in accordance with the provisions of this section and 21 V.S.A. chapter 9;

(2) shall make final decisions regarding voluntary acceptance of claim and case management;

(3) may contract with independent adjustment companies for claims adjustment services;

(4) may conduct actuarial reviews and loss prevention programs;

(5) may provide no more than six percent of the total annual assessment for that fiscal year for loss prevention programs and actuarial reviews.

(b) All balances remaining in the Fund at the end of the fiscal year shall be carried forward to remain in the Fund. Interest earned by the Fund shall be deposited in the Fund.

(d) The Secretary shall annually assess each program participant an amount to be deposited in the State Employees’ Workers’ Compensation Fund. The Secretary may adjust the annual assessment to ensure that the debts and obligations of the program are adequately funded.

(e) The Commissioner of Finance and Management may anticipate receipts to this Fund and issue warrants based thereon.

(f) Losses shall be fully reserved and funded in accordance with common insurance industry practices and in accordance with the principle of accuracy rather than adequacy whenever possible. The Fund shall be actuarially reviewed annually.

(Added 1989, No. 104, § 1, eff. Feb. 1, 1990; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 2003, No. 122 (Adj. Sess.), § 33, eff. June 10, 2004; 2005, No. 209 (Adj. Sess.), § 34; 2013, No. 50, § E.101.4; 2015, No. 172 (Adj. Sess.), § E.102.)

Chapter 57 Central Warehouse

§ 1501 Power to obtain warehouse

The Commissioner of Buildings and General Services, with the approval of the Emergency Board, may arrange for and operate a general supply and material warehouse for the use of the State. In making this arrangement, he or she may enter into a lease with any person who may desire to construct and rent such a building to the State.

(Added 1961, No. 156, § 1; amended 1987, No. 243 (Adj. Sess.), § 47, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 1502 Division of cost

The cost of leasing the warehouse may be prorated among the using departments and agencies. The Commissioner of Finance and Management is directed to charge the pro rata share of this cost against the appropriation of each using agency.

(1961, No. 156, § 2; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1987, No. 243 (Adj. Sess.), § 48, eff. June 13, 1988.)

§ 1503 Warehouse stocks, charges

The Commissioner of Buildings and General Services may stock the warehouse by purchase from time to time of supplies and materials in anticipation of the needs of State agencies. Costs shall be prorated according to those needs and charged to the accounts of using agencies. Payment shall be made from funds appropriated to the agencies for supplies.

(Added 1961, No. 156, § 3; amended 1987, No. 243 (Adj. Sess.), § 49, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

Chapter 59 Surplus Property

§ 1551 The State agency for surplus property

The Department of Buildings and General Services of the Agency of Administration is designated the State agency for surplus property.

(1965, No. 19, § 1, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 1552 Authority and duties

(a) The Department of Buildings and General Services may:

(1) acquire from the United States of America under section 203(j) of the Federal Property and Administrative Services Act of 1949, as amended, herein referred to as the “federal act,” such property, including equipment, materials, books, or other supplies under the control of any department or agency of the United States of America as may be usable and necessary for purposes of education, public health, or civil defense, including research for any such purpose, and for such other purposes as may be authorized by federal law;

(2) warehouse such property; and

(3) distribute such property within the State to tax-supported medical institutions, hospitals, clinics, health centers, school systems, schools, colleges, and universities within the State, to other nonprofit medical institutions, hospitals, clinics, health centers, schools, colleges, and universities that are exempt from taxation under section 501(c)(3) of the U.S. Internal Revenue Code of 1954, to civil defense organizations of the State, or political subdivisions and instrumentalities thereof, which are established pursuant to State law, and to such other types of institutions or activities as may be eligible under federal law to acquire such property.

(b) The Department of Buildings and General Services may receive applications from eligible health and educational institutions for the acquisition of federal surplus real property, investigate the same, obtain expression of views respecting the applications from the appropriate health or educational authorities of the State, make recommendations regarding the need of the applicant for the property, the merits of its proposed program of utilization, the suitability of the property for those purposes, and otherwise assist in the processing of the applications for acquisition of real and related personal property of the United States under section 203(k) of the federal act.

(c) For the purpose of executing its authority under this chapter, the Department of Buildings and General Services may adopt, amend, or rescind such rules and regulations and prescribe such requirements as it may consider necessary; and take such other action as it considers necessary and suitable, in the administration of this chapter, to ensure maximum utilization, within the State, of property distributed under this chapter, to eligible health, educational, and civil defense institutions and organizations and to such other types of institutions or activities as may be eligible under federal law in effect when the action is taken.

(d) The Department of Buildings and General Services may make such certifications, take such action, make such expenditures, require such reports, and make such investigations as may be required by law or regulation of the United States of America in connection with the disposal of real property and the receipt, warehousing, and distribution of personal property received by the Department of Buildings and General Services from the United States of America and enter into contracts, agreements, and undertakings for and in the name of the State (including cooperative agreements with any federal agencies providing for utilization by and exchange between them, without reimbursement, of the property, facilities, personnel, and services of each by the other, and agreements with other State agencies for surplus property and with associations or groups of such State agencies).

(e) The Department of Buildings and General Services may act as a clearing house of information for the public and private nonprofit institutions, organizations, and agencies referred to in subsection (a) of this section and other institutions eligible to acquire federal surplus real property, locate both real and personal property available for acquisition from the United States of America, ascertain the terms and conditions under which such property may be obtained, receive requests from the above-mentioned institutions, organizations, and agencies and transmit to them all available information in reference to such property, and aid and assist such institutions, organizations, and agencies in every way possible in the consummation of acquisitions or transactions hereunder.

(f) The Department of Buildings and General Services, in the administration of this chapter, shall cooperate to the fullest extent consistent with the federal act, with the departments or agencies of the United States of America, shall file a State plan of operation, operate in accordance therewith, take such action as may be necessary to meet the minimum standards prescribed in accordance with the federal act, and make such reports in such form and containing such information as the United States of America or any of its departments or agencies may from time to time require. It shall comply with the laws of the United States of America and the rules and regulations of any of the departments or agencies of the United States of America governing the allocation, transfer, and use of, or accounting for, property donable or donated to eligible donees in the State.

(1965, No. 19, § 2, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 1553 Power of Commissioner of Buildings and General Services to require bond

The Commissioner of Buildings and General Services may in his or her discretion bond any person in the employ of the Department of Buildings and General Services handling monies, signing checks, or receiving or distributing property from the United States under authority of this chapter.

(Added 1965, No. 19, § 3, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 1554 Transfer charges

Any charges made or fees assessed by the Department of Buildings and General Services for acquiring, warehousing, distributing, or transferring of any property of the United States of America for educational, public health, or civil defense purposes, including research for any such purpose, or for any purpose that may be eligible under the federal act as amended before or after April 2, 1965, shall be limited to those reasonably related to the costs of care and handling in respect to its acquisition, receipt, warehousing, distribution, or transfer by the Department of Buildings and General Services. In the case of real property, those charges and fees shall be limited to the reasonable administrative costs of the Department of Buildings and General Services incurred in effecting transfer.

(1965, No. 19, § 4, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 1555 Acquisition and distribution of surplus commodities

(a) The Commissioner of Buildings and General Services may apply for and warehouse surplus government commodities made available by the U.S. Department of Agriculture under section 32 of the act of August 24, 1935, as amended and related legislation, and section 416 of the Agricultural Act of 1949. He or she may distribute the commodities to recipients who are eligible under the above-mentioned federal statutes and U.S. Department of Agriculture regulations.

(b) He or she may also apply for and warehouse government commodities made available under section 6 of public law 396, approved June 4, 1946, known as the National School Lunch Act, and distribute those commodities to tax-supported or tax-exempt schools operating approved school lunch programs.

(Added 1965, No. 20, eff. April 2, 1965; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

§ 1556 State surplus property

(a) All material, equipment, and supplies found to be surplus by any State agency or department shall be transferred to the Commissioner of Buildings and General Services. The Commissioner of Buildings and General Services shall be responsible for the disposal of surplus State property. The Commissioner of Buildings and General Services may:

(1) transfer the property to any other State agency or department having a justifiable need for the property, or transfer to any municipality, school, or nonprofit organization having a justifiable need as determined by a State agency or department, and assess an administrative fee if deemed appropriate;

(2) store or warehouse the property for future needs of the State;

(3) transfer the property to municipalities for town highways and bridges;

(4) after giving priority to the provisions of subdivisions (1), (2), and (3) of this subsection, transfer used bridge beams and other surplus material, equipment, and supplies to VAST, the local affiliates of VAST, or to municipalities cooperating with VAST or municipalities developing and maintaining their own trail system;

(5) recondition and repair any property for use or sale when economically feasible;

(6) sell surplus property by any suitable means, including bids or auctions;

(7) donate, at no charge, surplus motor vehicles and related equipment, to any nonprofit entity engaged in rehabilitating and redistributing motor vehicles to Vermont residents with low income, provided that the Commissioner has first attempted to sell or satisfy the needs of the State for the vehicles or equipment concerned.

(b) Any municipality, school, or nonprofit organization that receives a transfer of property pursuant to this section shall assume ownership of the property from the State.

(Added 1979, No. 164 (Adj. Sess.), § 1, eff. April 25, 1980; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1997, No. 148 (Adj. Sess.), § 76, eff. April 29, 1998; 2001, No. 141 (Adj. Sess.), § 28, eff. June 21, 2002; 2015, No. 160 (Adj. Sess.), § 27, eff. June 2, 2016.)

§ 1557 Transfer charges and credits

(a) The Commissioner of Buildings and General Services shall establish a system of transfer charges and credits by which an agency or department shall be charged for the receipt of surplus property together with reasonable costs of transfer and reconditioning; and by which an agency or department shall be credited with the proceeds of any sale or transfer of surplus property less any costs of transfer and reconditioning.

(b) Transfer charges and credits shall be made against the appropriation of the respective department or agency. Funds credited shall be classified as special funds, and managed in accordance with 32 V.S.A. chapter 7, subchapter 5; provided, however, that any funds credited to the Agency of Transportation shall be transferred to the Transportation Fund.

(Added 1979, No. 164 (Adj. Sess.), § 1, eff. April 25, 1980; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1995, No. 178 (Adj. Sess.), § 421, eff. May 22, 1996; 2009, No. 50, § 67.)

Chapter 61 Municipal Equipment and Vehicle Loan Fund

§ 1601 Municipal Equipment and Vehicle Loan Fund

(a) There is hereby created the Municipal Equipment and Vehicle Loan Fund for the purpose of providing loans on favorable terms to municipalities for the purchase of motorized highway building and maintenance equipment, heavy equipment, and authorized emergency vehicles as set forth in 23 V.S.A. § 4.

(b) The Municipal Equipment and Vehicle Loan Fund shall be administered by a committee composed of the State Treasurer and the State Traffic Committee established by 19 V.S.A. § 1(24), pursuant to policies and procedures approved by this Committee with administrative support from the Office of the State Treasurer. The Committee shall establish criteria for distribution of available loan funds among municipalities considering at least financial need, equitable geographic distribution, and ability to repay. The Fund shall be a revolving fund and all principal and interest earned on loans and the fund balance remaining in the Fund at the end of any fiscal year shall be available for use in the succeeding fiscal year. The Committee shall meet upon request of the State Treasurer to consider applications.

(Added 1985, No. 187 (Adj. Sess.), § 3; amended 1987, No. 89, § 314c; 2019, No. 131 (Adj. Sess.), § 289; 2025, No. 27, § E.131.1, eff. July 1, 2025.)

§ 1602 Application; loans; conditions

(a) Application forms shall be furnished by the Committee on request. Upon Committee approval of an application of a municipality or two or more municipalities applying jointly for purchases as set forth in subsection 1601(a) of this title, the State Treasurer may loan money from the Fund to the applicants. Loans from the Fund shall be used on equipment and vehicles with a useful life of at least five years and a purchase price of at least $20,000.00.

(b) The State Treasurer is authorized to establish terms and conditions, including repayment schedules of up to five years for loans from the Fund to ensure repayment of loans to the Fund. The amount of any loan shall be not more than 75 percent of the purchase price or $150,000.00, whichever is lower. Before a municipality may receive a loan from the Fund, it shall give to the State Treasurer security for the repayment of the funds. The security shall be in such form and amount as the State Treasurer may determine and may include a lien on the equipment or emergency vehicle financed by the loan.

(c) The rates of interest shall be as established by this section to assist municipalities in purchasing equipment upon terms more favorable than in the commercial market. Such rates shall be not more than two percent per annum for a loan to a single municipality, and loans shall bear no interest charge if made to two or more municipalities purchasing equipment jointly.

(d) In any fiscal year, new loans from the Fund shall not exceed an aggregate of $1,500,000.00.

(e) When a municipality suffers the destruction of more than one piece of equipment or a vehicle at or near the same time or suffers some unanticipated hardship relating to the equipment or vehicle and the Committee finds that replacement would place an undue financial hardship on the municipality, the Committee may waive one or both of the following loan limiting factors in subsection (b) of this section:

(1) the $150,000.00 annual limitation on each municipality; or

(2) the 75 percent of the purchase price limitation.

(f) The State Treasurer shall put forth recommendations to the General Assembly on the maximum individual loan amount from the Fund every five years, commencing on January 15, 2028, based on requests received and loans granted pursuant to this chapter in the five preceding years.

(Added 1985, No. 187 (Adj. Sess.), § 3; amended 1987, No. 89, § 314c; 1991, No. 172 (Adj. Sess.), §§ 1, 2; 1999, No. 156 (Adj. Sess.), § 46, eff. May 29, 2000; 2005, No. 175 (Adj. Sess.), § 24; 2023, No. 87 (Adj. Sess.), § 77, eff. March 13, 2024; 2025, No. 27, § E.131.1, eff. July 1, 2025.)

§ 1603 Joint purchasing

The Secretary of Transportation and the Commissioner of Buildings and General Services, or their designees, shall develop and promote a program of joint purchasing with the municipalities by which purchases of equipment by the State are combined, where possible, with purchases of equipment by any municipality electing to participate in order to obtain volume purchasing discounts and other purchasing benefits.

(Added 1985, No. 187 (Adj. Sess.), § 3; amended 1987, No. 89, § 314c; 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996.)

Chapter 63 Data Processing

§§ 1701, 1702 Repealed

[Repealed]

2007, No. 65, § 285(a).