Vermont § 21 - Particular proceedings and activities; assessment of costs

§ 21. Particular proceedings and activities; assessment of costs

• (a) An agency may allocate the portion of the expense incurred or authorized by it in
  retaining additional personnel pursuant to section 20 of this chapter to the applicant
  or the company or companies involved. As used in this section, “agency” means an agency,
  board, commission, or department of the State enabled to authorize or retain personnel
  under section 20 of this chapter. (1) The Commission shall upon petition of an applicant or company to which costs are proposed
  to be allocated, review and determine, after opportunity for hearing, having due regard
  for the size and complexity of the project, the necessity and reasonableness of the
  costs, and may amend or revise the allocations. Nothing in this section shall confer
  authority on the Commission to select or decide the personnel, the expenses of whom
  are being allocated, unless such personnel are retained by the Commission. Prior to
  allocating costs, the Commission shall make a determination of the purpose and use
  of the funds to be raised, identify the recipient of the funds, provide for allocation
  of costs among companies to be assessed, indicate an estimated duration of the retention
  of personnel whose costs are being allocated, and estimate the total costs to be imposed.
  With the approval of the Commission, the estimates may be revised as necessary. From
  time to time during the progress of the work of the additional personnel, the agency
  retaining the personnel shall render to the company detailed statements showing the
  amount of money expended or contracted for in the work of the personnel, which statements
  shall be paid by the applicant or the company into the State Treasury at the time
  and in the manner as the agency may reasonably direct. (2) In any proceeding under section 248 of this title, the Agency of Natural Resources may allocate the portion of the expense incurred
  in retaining additional staff authorized in subsection (a) of this section only if
  the following apply: (A) the Agency of Natural Resources does not have the expertise, and the retention of
  such expertise is required to fulfill its statutory obligations in the proceeding;
  and (B) the Agency of Natural Resources allocates only that portion of the cost for such expertise
  that exceeds the fee paid by the applicant under section 248b of this title. (b) When regular employees of an agency are employed in the particular proceedings and
  activities described in section 20 of this title, the agency may also allocate the portion of its costs and expenses to the applicant
  or the company or companies involved. The costs of regular employees shall be computed
  on the basis of working days within the salary period, except that the Department
  of Public Safety, Division of Emergency Management and Homeland Security may allocate
  the full cost of the regular employee. The manner of assessment and of making payments
  shall otherwise be as provided for additional personnel in subsection (a) of this
  section. However, with respect to proceedings under section 248 of this title, the Agency of Natural Resources shall not allocate the costs of regular employees. (c) With the approval of the Governor, the Department of Public Service may also allocate
  such portion of expense incurred by it in administering the purchase of electric energy
  or power or natural gas from outside the State, to the electric or gas distribution
  companies, cooperative, municipal or privately owned, to which such energy, power,
  or gas is sold, in proportion to the purchases thereof to such companies. When regular
  employees are employed on such work, their cost shall be computed on the basis of
  working days within the salary period. The manner of assessment and making payments
  shall otherwise be as provided for additional personnel in subsection (a) of this
  section. (d) The Agency of Natural Resources may allocate expenses under this section only for
  costs in excess of the amount specified in 3 V.S.A. § 2809(d)(1)(A). (e) Annually on or before January 15, each agency shall report to the Senate Committee
  on Natural Resources and Energy and the House Committee on Environment and Energy
  the total amount of expenses allocated under this section during the previous fiscal
  year. The report shall include the name of each applicant or company to whom expenses
  were allocated and the amount allocated to each applicant or company. The Agency of
  Agriculture, Food and Markets also shall submit a copy of its report to the Senate
  Committee on Agriculture and the House Committee on Agriculture, Food Resiliency,
  and Forestry. (f) With the approval of the Governor, the Department of Public Service may allocate the
  expense incurred under 10 V.S.A. § 7063 in compensating members and alternate members of the Commission among the generators
  of low-level radioactive waste in the State. Any such allocation shall be in proportion
  to the volume of waste generated by each such generator. (g) An agency may allocate such portion of expense incurred or authorized by it in compensating
  persons retained in the monitoring of postclosure activities of a nuclear generating
  plant pursuant to subsection 20(a) of this title to the plant whose activities are being monitored. Except for the Commission, the
  agency shall obtain the approval of the Governor before making such an allocation. (h) Under subsections (f) and (g) of this section, the manner of assessment and making
  payments shall be as provided in subsection (a) of this section. A generator or plant
  to which expense is allocated under subsection (f) or (g) of this section may petition
  the Commission in accordance with the procedures of subsection (a) of this section. (i) If an invoice for expenses incurred under subsection (a) of this section is not paid
  within 45 days after the date of mailing: (1) the Commission may withhold the issuance of or revoke any related certificate of public
  good, provided the applicant is given an opportunity for hearing after reasonable
  notice; (2) an agency may charge simple interest of one percent per month on the unpaid amount
  of the invoice for the period from 45 days after the date of mailing to the date of
  full payment of the amount due; and (3) an agency may either contract with private collection agencies to collect principal
  and interest due or use setoff debt collection, as provided in 32 V.S.A. §§ 5931-5940. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 7, eff. Feb. 1, 1981; 1989, No. 63, § 2, eff. May 22, 1989; 1999, No. 49, § 151; 1999, No. 157 (Adj. Sess.), § 1; 2009, No. 146 (Adj. Sess.), § F26; 2011, No. 47, § 20o, eff. May 25, 2011; 2011, No. 139 (Adj. Sess.), § 27, eff. May 14, 2012; 2015, No. 57, § 17a; 2015, No. 172 (Adj. Sess.), § E.233.1; 2017, No. 113 (Adj. Sess.), § 173a; 2019, No. 175 (Adj. Sess.), § 23, eff. Oct. 8, 2020; 2023, No. 85 (Adj. Sess.), § 342, eff. July 1, 2024.)