Act No. 53 (S.78). Public service; telecommunications, cellular, broadband, conservation and development; natural resources; municipalities; government operations

This act establishes policies and programs to achieve statewide cellular and broadband deployment in Vermont by the end of 2013.

The act makes various changes to the process for issuing environmental, siting, and land use approvals for telecommunications facilities. These changes include amendments to the public service board's (PSB) process for issuing certificates of public good (CPG) for these facilities; consolidation, with the CPG process, of appeals related to natural resources permit applications for these facilities; exemptions from 10 V.S.A. chapter 151 (Act 250) and local land use bylaws for certain improvements associated with communications lines; establishing time lines for processing applications to discharge stormwater from telecommunications facilities; and a requirement to apply the rule provisions for high elevation renewable energy projects to telecommunications facilities at the same elevation.

The act also contains provisions related to public service regulation, such as requiring the PSB to institute a process for the filing of applications for and the rapid resolution of disputes related to pole attachments and prohibiting electric transmission and distribution companies from entering into contracts that allow communications service providers exclusive access to the companies' fiber-optic facilities. In addition, the act amends the statutes related to use of state facilities and lands for telecommunications facilities and would require increased public notice when lands of the agency of natural resources are to be leased or licensed for such facilities.

The act makes the secretary of administration or designee responsible for the coordination of telecommunications initiatives within the executive branch. These responsibilities include what were prior responsibilities of the Vermont Telecommunications Authority (VTA), including conducting an inventory of telecommunications service in the state, identifying needed infrastructure, and coordinating public resources. The act also requires the secretary to develop an action plan to accomplish the goals of universal availability of broadband and cellular services, and to track the deployment of telecommunications projects.

The act reorganizes the VTA. For example, it reduces the board's membership from 11 to nine and allows for two legislative members. In addition, it requires the VTA to submit quarterly reports to the secretary of administration.

Effective Date: May 27, 2011