Vermont § 246 - Temporary siting of meteorological stations

§ 246. Temporary siting of meteorological stations

• (a) As used in this section, a “meteorological station” consists of one temporary tower,
  which may include guy wires, and attached instrumentation to collect and record wind
  speed, wind direction, and atmospheric conditions. (b) The Public Utility Commission shall establish by rule or order standards and procedures
  governing application for, and issuance or revocation of, a certificate of public
  good for the temporary installation of one or more meteorological stations under the
  provisions of section 248 of this title. A meteorological station shall be deemed to promote the public good of the State
  if it is in compliance with the criteria of this section and the Commission’s rules
  or orders. An applicant for a certificate of public good for a meteorological station
  shall be exempt from the requirements of subsection 202(f) of this title. (c) In developing rules or orders, the Commission: (1) Shall develop a simple application form and shall require that the applicant first
  file the application with the Commission and that, within two business days following
  notification from the Commission that the application is complete, the applicant serve
  copies of the complete application on the Department of Public Service, the Agency
  of Natural Resources, the Agency of Transportation, and the municipality in which
  the meteorological station is proposed to be located. (2) Shall require that if no objections are filed within 30 days following the date of
  service of the complete application under subdivision (1) of this subsection, and
  the Commission determines that the applicant has met all of the requirements of section
  248 of this subchapter, the certificate of public good shall be issued for a period
  that the Commission finds reasonable, but in no event for more than five years. Upon
  request of an applicant, the Commission may renew a certificate of public good. Upon
  expiration of the certificate, the meteorological station and all associated structures
  and material shall be removed, and the site shall be restored substantially to its
  preconstruction condition. (3) May waive the requirements of section 248 of this title that are not applicable to meteorological stations, including criteria that are generally
  applicable to public service companies as defined in this title. The Commission shall
  not waive review regarding whether construction will have an undue adverse effect
  on aesthetics, historic sites, air and water purity, the natural environment, and
  the public health and safety. (4) Shall seek to simplify the application and review process, as appropriate, in conformance
  with this section. (d) A proposal for decision shall be issued within five months of when the Commission
  receives a completed application for a certificate of public good for the temporary
  installation of one or more meteorological stations under the provisions of section 248 of this title. (e) Notwithstanding any contrary provisions of this section, the holder of a certificate
  of public good for a constructed meteorological station may apply under section 248a of this title or 10 V.S.A. chapter 151 to convert the station to a wireless telecommunications facility, provided the application
  is filed at least 90 days before the expiration of the certificate for the station.
  Any such application shall constitute a new application to be reviewed under the facts
  and circumstances as they exist at the time of the review. (Added 2007, No. 92 (Adj. Sess.), § 17; amended 2011, No. 62, § 35; 2015, No. 41, § 13, eff. June 1, 2015; 2017, No. 53, § 2; 2023, No. 85 (Adj. Sess.), § 383, eff. July 1, 2024.)