The Vermont Statutes Online

Title 3: Executive

Chapter 045: Administration

• Subchapter 001: GENERALLY

• § 2201. Definitions

  In this chapter, the following words mean:

  (1) Agency: The Agency of Administration;

  (2) Secretary: The head of the Agency, a member of the Governor’s Cabinet, who is responsible to the Governor for the administration of the Agency;

  (3) Department: A major component of the Agency;

  (4) Commissioner: The head of a department, who is responsible to the Secretary for the administration of the department;

  (5) Division: A major component of a department or of the Agency;

  (6) Director: The head of a division of the Agency. (Added 1971, No. 92, § 1, eff. June 1, 1971.)

• § 2202. Creation of Agency

  (a) An Agency of Administration is created. The Agency shall consist of the following:

  (1) The Department of Finance and Management;

  (2) The Department of Human Resources;

  (3) The Department of Buildings and General Services;

  (4) The Department of Libraries;

  (5) The Department of Taxes;

  (6) The Department of Information and Innovation.

  (b) The following units are attached to the Agency for the purpose of receiving administrative support:

  (1) Connecticut River Flood Control Commission;

  (2) Supervisors of unorganized towns and gores. (Added 1971, No. 92, § 2, eff. June 1, 1971; amended 1977, No. 105, § 8; 1983, No. 147 (Adj. Sess.), § 4(a), eff. April 11, 1984; 1983, No. 195 (Adj. Sess.), § 5(a); 1985, No. 74, § 307(b); 1987, No. 243 (Adj. Sess.), § 10, eff. June 13, 1988; 1995, No. 148 (Adj. Sess.), § 1, eff. May 6, 1996; 2003, No. 31, § 1; 2003, No. 156 (Adj. Sess.), § 15.)

• § 2203. Advisory capacity

  (a) All boards, committees, councils, and commissions which under this chapter are a part of or are attached to the Agency shall be advisory only, except as hereinafter provided, and the powers and duties of the boards, committees, councils, and commissions, including administrative, policy-making, rule-making, and regulatory functions, shall vest in and be exercised by the Secretary of the Agency.

  (b) Notwithstanding subsection (a) of this section or any other provision of this chapter the Connecticut River Flood Control Commission shall retain and exercise all powers and functions given to it under the provisions of 10 V.S.A. chapter 45. (Added 1971, No. 92, § 3, eff. June 1, 1971.)

• § 2204. Personnel designation

  The secretary, deputy secretary, commissioners, deputy commissioners, attorneys, and all members of boards, committees, councils, and commissions attached to the Agency for support are exempt from the classified State service. Except as authorized by section 311 of this title or otherwise by law, all other positions shall be within the classified service. (Added 1971, No. 92, § 12, eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 11; 1993, No. 227 (Adj. Sess.), § 10.)

• Subchapter 002: SECRETARY

• § 2221. Appointment and salary

  (a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.

  (b) [Repealed.] (Added 1971, No. 92, § 4(a), (d), eff. June 1, 1971; amended 1971, No. 191 (Adj. Sess.), § 16.)

• § 2222. Powers and duties; budget and report

  (a) In addition to the duties expressly set forth elsewhere by law, the Secretary shall:

  (1) As principal administrative aide to the Governor, plan, organize, direct, control, integrate, coordinate, and supervise all functions and programs of the Agency and its departments and divisions.

  (2) With the approval of the Governor, issue general policy statements and general rules and regulations applicable to the Executive Branch of the State government to implement executive orders or legislative mandate.

  (3) Upon request, advise the Governor and the Legislature on all matters relating to general administration.

  (4) Have access to and the right to copy any records of all executive and administrative departments, except tax returns, other tax return information, and other information that by law is confidential.

  (5) Have access to and the right to inspect all lands, buildings, and installations owned or leased by the State, under such regulations as the Governor may approve.

  (6) Be responsible for the internal budgeting, accounting, procurement, filing, and related management functions for the Agency through facilities as the Secretary shall designate or establish, subject to the provisions of this title.

  (7) Subject to chapter 13 of this title relating to classification, and other provisions of law, exercise all functions pertaining to appointment, fixing of compensation, transfer, promotion, demotion, suspension, or dismissal of persons to or from offices and positions in the Agency of Administration.

  (8) When so requested by the General Assembly, make a biennial report to the General Assembly of all principal matters pertaining to the operation of the Agency of Administration and its departments and divisions.

  (9) [Repealed.]

  (10) [Repealed.]

  (11) Inspect, appraise, and maintain a current appraisal schedule of all State-owned buildings, appendages, and appurtenances thereto based upon replacement value in the first instance and upon depreciated value in the second instance. Appraisals shall be furnished upon request to the Commissioner of Buildings and General Services, departments and agencies concerned, and appropriate committees of the General Assembly.

  (b) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency. He or she shall prepare and submit to the Governor an annual budget.

  (c) The Secretary shall compile, weekly, a list of all public hearings and meetings scheduled by all Executive Branch State agencies, departments, boards, or commissions during the next ensuing week. The list shall be distributed to any person in the State at that person’s request. Each Executive Branch State agency, department, board, or commission shall notify the Secretary of all public hearings and meetings to be held and any cancellations of such hearings or meetings.

  (d) With the approval of the Governor, or upon his or her request, the Secretary of Administration, or his or her agent, shall undertake a full and complete management audit of the accounts and activities of any State agency, commission, or State-created authority of any kind. Any such agency, commission, or State-created authority shall make available all books, records, accounts, documents, and other material requested by the Secretary of Administration, or his or her agent, for such purpose.

  (e) The Secretary of Administration is authorized to arrange staff and technical support for studies or investigative committees appointed by the Governor.

  (f) The Secretary of Administration may extend the benefits of the collective bargaining agreement as necessary or appropriate to State employees who are not members of any bargaining unit, and may offer additional benefits the cost of which shall be paid by the employee.

  (g) [Repealed.]

  (h) Notwithstanding the provisions of chapter 13 of this title, the Secretary of Administration, with the approval of the Governor, may authorize alternative salary compensation plans for managerial employees, either as a whole, or within specific occupations and categories as determined by the Secretary. Such alternative salary provisions may implement provisions for minimum and maximum ranges, promotional rates, and merit pay for performance provisions, pay banding, and other features of compensation determined in the best interests of the State, provided that individual employees may not receive adjustments that exceed the rates of adjustment available to classified employees under the collective bargaining unit.

  (i) The Secretary of Administration is authorized to transfer vacant positions throughout the Executive Branch of State government, and to adjust appropriations in the Executive Branch in accordance with the Secretary’s Statewide Vacancy Savings Plan that reflects realistic savings due to vacant positions. Such appropriation adjustments shall result in no change to the total statewide legislative appropriations to the Executive Branch. This authority is separate from the Secretary’s authority provided in 32 V.S.A. § 706.

  (j) Notwithstanding the provisions of 29 V.S.A. § 903(a), the Agency of Administration will administer the Equipment Revolving Fund to be used for internal lease purchase of equipment for State agencies. The Secretary of Administration shall establish criteria for equipment purchased through this Fund, including types of equipment, limiting amounts for specific equipment, and the useful life of the equipment.

  (1) Agencies or departments acquiring such equipment shall repay the Fund through their regular operating budgets according to an amortization schedule established by the Commissioner of Finance and Management. Repayment shall include charges for the administrative costs of the purchase and estimated administrative inflation over the term of the payback.

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

  (k) The Secretary of Administration or designee shall review all grants from an agency of the State to a law enforcement agency or constable, and all such grants shall be subject to the approval of the Secretary or designee. The Secretary or designee shall approve the grant only if the law enforcement agency or constable has complied with the race data reporting requirements set forth in 20 V.S.A. § 2366(e) and the death or serious bodily injury reporting requirements set forth in 18 V.S.A. § 7257a(b) within six months prior to the Secretary’s or designee’s review. (Added 1971, No. 92, § 4(b), (c), eff. June 1, 1971; amended 1973, No. 60, § 2, eff. May 13, 1973; 1977, No. 146 (Adj. Sess.), § 5; 1979, No. 205 (Adj. Sess.), § 136, eff. May 9, 1980; 1987, No. 243 (Adj. Sess.), § 12, eff. June 13, 1988; 1989, No. 67, § 19; 1989, No. 277 (Adj. Sess.), § 17a; 1993, No. 207 (Adj. Sess.), § 2, eff. June 17, 1994; 1995, No. 63, §§ 18a, eff. May 4, 1995; 1995, No. 63, § 18b; 1995, No. 177 (Adj. Sess.), § 9; 1995, No. 178 (Adj. Sess.), § 420, eff. May 22, 1996; 1995, No. 185 (Adj. Sess.), §§ 44, 45, eff. May 22, 1996; 1997, No. 66 (Adj. Sess.), § 67, eff. Feb. 20, 1998; 1999, No. 29, § 60, eff. May 19, 1999; 2001, No. 142 (Adj. Sess.), § 302a; 2003, No. 31, § 2; 2005, No. 203 (Adj. Sess.), § 3, eff. May 30, 2006; 2007, No. 206 (Adj. Sess.), § 7; 2009, No. 33, § 6; 2009, No. 156 (Adj. Sess.), § E.100.1; 2011, No. 109 (Adj. Sess.), § 5, eff. May 8, 2012; 2011, No. 162 (Adj. Sess.), § E.101.1; 2013, No. 1, § 73; 2013, No. 50, § E.100.2; 2013, No. 142 (Adj. Sess.), § 11; 2015, No. 58, § E.100.2, eff. June 11, 2015; 2015, No. 58, § E.145.3; 2015, No. 131 (Adj. Sess.), § 20; 2019, No. 49, § 3, eff. June 10, 2019; 2019, No. 147 (Adj. Sess.), § 2, eff. Jan. 1, 2021; 2019, No. 166 (Adj. Sess.), § 19, eff. Jan. 1, 2021; 2021, No. 74, § E.103.3.)

• § 2222a. Repealed. 2017, No. 85, § E.100.2, eff. June 28, 2017.

• §§ 2222b, 2222c. Repealed. 2013, No. 190 (Adj. Sess.), § 13, eff. July 1, 2015.

• § 2222d. Employee Misclassification Task Force [Repealed effective July 1, 2026]

  (a) As used in this section, “employee misclassification” means:

  (1) the misclassification of an employee as an independent contractor; or

  (2) a violation of 21 V.S.A. § 687 or 708 that results from an employer claiming that it is not an employer as defined pursuant to 21 V.S.A. § 601(3) or that an individual is not a worker or employee as defined pursuant to 21 V.S.A. § 601(14).

  (b) The Employee Misclassification Task Force is created to coordinate efforts to combat misclassification of workers and to ensure enforcement of all related laws and regulations. The Task Force shall be overseen by the Office of the Attorney General and shall be composed of the following members:

  (1) the Attorney General or designee;

  (2) the Secretary of Administration or designee;

  (3) the Secretary of Transportation or designee;

  (4) the Commissioner of Buildings and General Services or designee;

  (5) the Commissioner of Labor or designee;

  (6) the Commissioner of Financial Regulation or designee;

  (7) the Secretary of Human Services or designee;

  (8) the Commissioner of Taxes or designee; and

  (9) the Commissioner of Liquor and Lottery or designee.

  (c)(1) The Task Force shall meet at least quarterly.

  (2) The Attorney General or designee shall be the Chair of the Task Force.

  (d) The Task Force shall ensure that all State agencies coordinate their efforts to combat employee misclassification in a manner that increases the efficiency and effectiveness of those efforts.

  (e)(1) The Attorney General shall report annually on or before January 15 of each year to the House Committees on Commerce and Economic Development and on Ways and Means and the Senate Committees on Economic Development, Housing and General Affairs and on Finance regarding activities undertaken pursuant to this section and any additional tax revenue and unemployment insurance contributions, as well as any reduction in workers’ compensation premiums and costs, realized as a result of the efforts undertaken pursuant to this section.

  (2) 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.

  (f) On or before December 15, 2021, the Task Force shall submit a written report to the House Committee on Commerce and Economic Development and the Senate Committee on Economic Development, Housing and General Affairs regarding ways to improve the effectiveness and efficiency of the system of joint enforcement by the Commissioner of Labor and the Attorney General of the laws related to employee misclassification that is established pursuant to 21 V.S.A. §§ 3, 346, 387, 712, and 1379. In particular, the report shall examine:

  (1) potential legislative changes to address shortcomings or difficulties identified by the Task Force in relation to the system of joint enforcement;

  (2) potential legislative changes to enable either the Commissioner of Labor or the Attorney General to seek the full, combined range of penalties and remedies that are currently available to them through joint enforcement;

  (3) whether to expand the joint enforcement of the laws related to employee misclassification to include additional agencies or departments of the State and potential legislative changes to accomplish such an expansion;

  (4) the possibility of creating a private right of action to enforce the provisions of 21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification; and

  (5) the possibility of creating a private attorneys general act modeled on California law for the enforcement of the provisions of 21 V.S.A. chapter 5, subchapters 2 and 3, and 21 V.S.A. chapters 9 and 17 that relate to employee misclassification. (Added 2019, No. 85 (Adj. Sess.), § 10, eff. Feb. 20, 2020; amended 2021, No. 51, § 16, eff. June 1, 2021; repealed on July 1, 2026 by 2019, No. 85 (Adj. Sess.), § 11(a).)

• § 2223. Deputy Secretary; acting Secretary

  (a) The Secretary, with the approval of the Governor, may appoint a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary prescribes. The Deputy Secretary shall be exempt from the classified service. The appointment shall be in writing and recorded in the Office of the Secretary of State.

  (b) The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary’s absence. In case a vacancy occurs in the Office of the Secretary, the Deputy shall assume and discharge the duties of Office until the vacancy is filled.

  (c) With the approval of the Governor, the Secretary may appoint a Commissioner within the Agency to act in the absence of the Secretary and Deputy. The appointment shall be filed with the Secretary of State. (Added 1971, No. 92, § 4(e), (g), eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 13, eff. June 13, 1988.)

• § 2224. Transfer of personnel

  The Secretary, with the approval of the Governor, may transfer classified positions between State departments and other components of the Agency, subject only to personnel laws and rules. (Added 1971, No. 92, § 4(f), eff. June 1, 1971.)

• § 2225. Repealed. 2015, No. 41, § 1.

• § 2226. Public highways; conduit standards

  (a) Intent. The intent of this section is to provide for the construction of infrastructure sufficient to allow telecommunications service providers seeking to deploy communication lines in the future to do so by pulling the lines through the conduit and appurtenances installed pursuant to this section. This section is intended to require those constructing public highways, including State, municipal, and private developers, to provide and install such conduit and appurtenances as may be necessary to accommodate future telecommunications needs within public highways and rights-of-way without further excavation or disturbance.

  (b) Study. On or before December 15, 2014, the Secretary of Administration, in consultation with the Commissioner of Public Service, the Secretary of Transportation, and the Vermont League of Cities and Towns, shall submit a report to the General Assembly on a “Dig Once Program” consistent with the intent of subsection (a) of this section. The study shall include findings and recommendations related to the installation of conduit and such vaults and other appurtenances as may be necessary to accommodate installation and connection of telecommunications lines within conduit during highway construction projects; construction standards with due consideration given to existing and anticipated technologies and industry standards; minimum diameter of the conduit and interducts to meet the requirements of this section; the party responsible for installation costs; the ownership and availability of the conduit; and any other matters the Secretary deems appropriate. (Added 2013, No. 190 (Adj. Sess.), § 16, eff. June 16, 2014.)

• Subchapter 003: COMMISSIONERS AND DIRECTORS

• § 2251. Commissioners—Appointment; term

  (a) The Secretary, with the approval of the Governor and with the advice and consent of the Senate, may appoint a commissioner of each department, except the Department of Libraries, who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. The term of the Commissioner shall be concurrent with that of the Secretary or Governor.

  (b) The State Librarian shall be appointed as provided in 22 V.S.A. § 601. (Added 1971, No. 92, § 5(a), eff. June 1, 1971; amended 1995, No. 148 (Adj. Sess.), § 7, eff. May 6, 1996.)

• § 2252. Mandatory duties

  (a) The commissioner shall determine the policies of the department, and may exercise the powers and shall perform the duties required for its effective administration.

  (b) In addition to other duties imposed by law, the commissioner shall:

  (1) administer the laws assigned to the department;

  (2) coordinate and integrate the work of the divisions within the department;

  (3) supervise and control all staff functions. (Added 1971, No. 92, § 5(b), (c), eff. June 1, 1971.)

• § 2253. Permissive duties; approval of Secretary

  Each commissioner may, with the approval of the Secretary:

  (1) Transfer classified positions within or between divisions subject only to State laws and regulations.

  (2) Cooperate with the appropriate federal agencies and administer federal funds in support of programs within the department.

  (3) Submit plans and reports, and in other respects comply with federal law and regulations which pertain to programs administered by the department.

  (4) Adopt rules for the internal administration of the department and its programs.

  (5) Appoint a deputy commissioner. All such appointments shall be in writing and recorded in the Office of the Secretary of State. In case a vacancy occurs in the office of a commissioner, or the commissioner is absent, his or her deputy shall assume and discharge the duties of office until the vacancy is filled, or the commissioner returns.

  (6) Create such advisory councils or committees as he or she deems necessary within the department, and appoint their members, for a term not exceeding his or hers.

  (7) Provide training and instruction for any employees of the department, at the expense of the department, in educational institutions or other places.

  (8) Organize, reorganize, transfer, or abolish divisions, staff functions, or sections within the department. This authority shall not extend to divisions or other bodies created by law. (Added 1971, No. 92, § 5(d), eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 14, eff. June 13, 1988.)

• § 2254. Directors

  A director shall administer each division within the agency. (Added 1971, No. 92, § 6, eff. June 1, 1971; amended 1977, No. 105, § 1; 1977, No. 109, § 30, eff. July 3, 1977; 1983, No. 147 (Adj. Sess.), §§ 1, 5, eff. April 11, 1984; 1983, No. 170 (Adj. Sess.), §§ 1, 14(a), eff. April 19, 1984; 1985, No. 74, § 300; 1987, No. 243 (Adj. Sess.), § 14, eff. June 13, 1988.)

• Subchapter 004: DEPARTMENTS, DIVISIONS, AND BOARDS

• § 2281. Department of Finance and Management

  The Department of Finance and Management is created in the Agency of Administration and is charged with all powers and duties assigned to it by law, including the following:

  (1) To administer the financial transactions of the State, including payroll transactions, in accordance with the law and within the limits of appropriations made by the General Assembly.

  (2) To conduct management studies and audits of the performance of State government.

  (3) To prepare the Executive budget.

  (4) To report on an annual basis to the Joint Fiscal Committee at its November meetings on the allocation of funds contained in the annual pay acts and the allocation of funds in the annual appropriations act that relate to those annual pay acts. The report shall include the formula for computing these funds, the basis for the formula, and the distribution of the different funding sources among State agencies. The report shall also be submitted to the members of the House Committees on Appropriations and on Government Operations and Military Affairs and the Senate Committees on Appropriations and on Government Operations. 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.

  (5) [Repealed.] (Added 1971, No. 92, § 7, eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 16, eff. June 13, 1988; 1999, No. 49, § 132; 2005, No. 66, § 12; 2007, No. 7, § 1; 2007, No. 65, § 404, eff. June 4, 2007; 2013, No. 142 (Adj. Sess.), § 12; 2015, No. 172 (Adj. Sess.), § E.106, eff. June 8, 2016.)

• § 2282. Department of Taxes

  The Department of Taxes is created in the Agency of Administration to exercise all powers and perform all duties assigned to it by law, including the collection and administration of all taxes levied under the law and payable to the State which are not otherwise required by law to be collected by another department. (Added 1971, No. 92, § 8, eff. June 1, 1971; amended 1983, No. 160 (Adj. Sess.), § 6; 1987, No. 243 (Adj. Sess.), § 17, eff. June 13, 1988.)

• § 2283. Department of Human Resources

  (a) The Department of Human Resources is created in the Agency of Administration. In addition to other responsibilities assigned to it by law, the Department is responsible for fulfilling the payroll functions and for the provision of centralized human resources management services for State government, including the administration of a classification and compensation system for State employees under chapter 13 of this title and the performance of duties assigned to the Commissioner of Human Resources under chapter 27 of this title. All agencies and departments of the State that receive services from the Department of Human Resources shall be charged for those services through an assessment payable to the Human Resources Internal Service Fund on a basis established by the Commissioner of Human Resources and with the approval of the Secretary of Administration.

  (b) The Department of Human Resources shall maintain a central payroll office, which shall be the successor to and continuation of the payroll functions of the Department of Finance and Management.

  (c)(1) There is established in the Department of Human Resources a Human Resource Services Internal Service Fund to consist of revenues from charges to agencies, departments, and similar units of Vermont State government and to be available to fund the costs of the consolidated human resource services in the Department of Human Resources.

  (2) The rate of the charges shall be proposed by the Commissioner of Human Resources, subject to the approval of the Secretary of Administration. Proposed rates of charges shall be based upon the cost of operations associated with human resource services provided to agencies, departments, and similar units of Vermont State government. (Added 1971, No. 92, § 9, eff. June 1, 1971; amended 1987, No. 243 (Adj. Sess.), § 18, eff. June 13, 1988; 1995, No. 123 (Adj. Sess.), § 3, eff. June 6, 1996; 2003, No. 156 (Adj. Sess.), § 15; 2007, No. 7, § 2; 2009, No. 1 (Sp. Sess.), § E.100.1; 2011, No. 63, § E.104; 2015, No. 172 (Adj. Sess.), § E.108, eff. June 8, 2016.)

• § 2283a. Department of Buildings and General Services

  The Department of Buildings and General Services is created in the Agency of Administration as the successor to and continuation of the Department of Buildings and the Department of General Services. In addition to all other responsibilities assigned to it by law, the Department is responsible for all matters relating to the development, design, construction, management, and disposal of State-owned and -leased buildings under its jurisdiction and for the provision of support services to State government. (Added 1995, No. 148 (Adj. Sess.), § 2, eff. May 6, 1996; amended 2009, No. 91 (Adj. Sess.), § 5, eff. May 6, 2010; 2011, No. 3, § 81, eff. Feb. 17, 2011.)

• § 2283b. Repealed. 2019, No. 49, § 4, eff. June 10, 2019.

• § 2284. Repealed. 1995, No. 148 (Adj. Sess.), § 6, eff. May 6, 1996.

• §§ 2285, 2286. Repealed. 1987, No. 243 (Adj. Sess.), § 20, eff. June 13, 1988.

• § 2287. Repealed. 1985, No. 74, § 307(a).

• § 2288. Repealed. 1995, No. 148 (Adj. Sess.), § 6, eff. May 6, 1996.

• § 2289. Division of Property Valuation and Review

  (a) There is created within the Department of Taxes of the Agency of Administration, a Division of Property Valuation and Review.

  (b) In addition to other responsibilities assigned to it by law, the Division shall assist in the administration of property taxation and provide property taxation information to State officials and employees.

  (c) The Director of the Division shall be an exempt employee and shall be appointed by the Commissioner of Taxes, with the concurrence of the Secretary of Administration. (Added 1985, No. 74, § 301; amended 1987, No. 243 (Adj. Sess.), § 22, eff. June 13, 1988.)

• § 2290. Compensation of members of boards and commissions

  The members of boards and commissions in the Agency of Administration, except those members serving ex officio or otherwise receiving compensation for service to the State in other capacities for the time spent in serving on the board or committee, shall be compensated as provided in 32 V.S.A. § 1010. (Added 1987, No. 243 (Adj. Sess.), § 23, eff. June 13, 1988.)

• § 2291. State Agency Energy Plan

  (a)(1) When used in this title, “life-cycle costs” shall mean the present value purchase price of an item, plus the replacement cost, plus or minus the salvage value, plus the present value of operation and maintenance costs, plus the energy and environmental externalities’ costs or benefits. Where reliable data enables the Department of Buildings and General Services to establish these additional environmental externalities’ costs or benefits with respect to a particular purchasing decision or category of purchasing decisions, that is energy related, the Department may recommend the addition or subtraction of an additional price factor. All State agencies shall consider the price factor and environmental considerations set by the Department when examining life-cycle costs for purchasing decisions.

  (2) “State facilities,” when used in this chapter, shall mean all State-owned or leased buildings, structures, appurtenances, and grounds.

  (3) “State fleet,” as used in this chapter, shall mean passenger vehicles and light duty trucks for use by State employees in the conduct of official duties, excluding law enforcement vehicles assigned to sworn law enforcement officers, and shall be procured by the Commissioner of Buildings and General Services.

  (b) It is the general policy of the State of Vermont:

  (1) To ensure, to the greatest extent practicable, that State government can meet its energy needs and reduce greenhouse gas emissions in a manner that is adequate, reliable, secure, and sustainable; that assures affordability and encourages the State’s economic vitality, the efficient use of energy resources, and cost-effective demand side management; and that is environmentally sound.

  (2) To identify and evaluate, on an ongoing basis, resources that will meet State government energy service, infrastructure, purchasing and supply, and fleet needs in accordance with the principles of least cost integrated planning; including efficiency, conservation and load management alternatives, purchasing preferences, wise use of renewable resources and environmentally sound infrastructure development, energy supply, purchasing practices, and fleet management.

  (c) The Secretary of Administration with the cooperation of the Commissioners of Public Service and of Buildings and General Services shall develop and oversee the implementation of a State Agency Energy Plan for State government. The Plan shall be adopted by June 30, 2005, modified as necessary, and readopted by the Secretary on or before January 15, 2010 and each sixth year subsequent to 2010. The Plan shall be consistent with the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b. The Plan shall accomplish the following objectives and requirements:

  (1) To conserve resources, save energy, and reduce pollution. The Plan shall devise strategies to identify to the greatest extent feasible all opportunities for conservation of resources through environmentally and economically sound infrastructure development, purchasing, and fleet management, and investments in renewable energy and energy efficiency available to the State that are cost effective on a life-cycle cost basis.

  (2) To consider State policies and operations that affect energy use.

  (3) To devise a strategy to implement or acquire all prudent opportunities and investments in as prompt and efficient a manner as possible.

  (4) To include appropriate provisions for monitoring resource and energy use and evaluating the impact of measures undertaken.

  (5) To identify education, management, and other relevant policy changes that are a part of the implementation strategy.

  (6) To devise a strategy to reduce greenhouse gas emissions. The Plan shall include steps to encourage more efficient trip planning, to reduce the average fuel consumption of the State fleet, to encourage alternatives to solo-commuting State employees for commuting and job-related travel, and to incorporate conventional hybrid, plug-in hybrid, and battery electric vehicles into the State fleet if cost-effective on a life-cycle basis.

  (7) To provide, where feasible, for the installation of renewable energy systems including solar energy systems, which shall include equipment or building design features, or both, designed to attain the optimal mix of minimizing solar gain in the summer and maximizing solar gain during the winter, as part of the new construction or major renovation of any State building. The cost of implementation and installation will be identified as part of the budget process presented to the General Assembly.

  (d) The Department of Buildings and General Services shall coordinate State purchasing decisions, according to procedures developed by the Commissioner in cooperation with the Commissioner of Public Service, to ensure comparisons based on relative life-cycle costs.

  (e) The Commissioner of Buildings and General Services shall develop life-cycle cost guidelines for use in all State buildings. These guidelines shall require all new construction and major renovations to meet or exceed the current “Vermont Commercial Building Energy Standards.” Where practicable, the goal shall be attaining an EPA ENERGY STAR® rating of at least 75.

  (1) The Department of Buildings and General Services shall develop a State strategy to reduce overall energy consumption in existing and proposed State buildings based on energy consumption levels specified in the energy conservation standard referred to in this subsection. The Plan shall identify, in buildings at variance with the energy standards referred to in this subsection, the cost to bring the building into compliance, and energy cost savings for the remaining useful life of the building.

  (2) Each State agency and department, designated by the Secretary of Administration, that constructs or manages State buildings shall, by June 30, 2005, assure that new construction or major renovation of such structures incorporates those practical energy efficiency measures and energy consuming systems that result in the lowest life-cycle cost. New construction of State buildings shall be highly efficient and shall employ optimal siting and design, given the uses to which the buildings are to be put, with respect to solar gain and temperature control. State buildings shall be shaded and ventilated and their air circulation managed, to the extent practical, instead of being cooled by air conditioning.

  (3) In capital requests to the General Assembly, the Commissioner of Buildings and General Services shall include, when appropriate, work plans, budgets, and proposed financing mechanisms to accomplish these reductions in energy use.

  (f) The Commissioner of Buildings and General Services shall biennially report to the Secretary of Administration on the State’s implementation of this section. (Added 1991, No. 259 (Adj. Sess.), § 3; amended 1995, No. 148 (Adj. Sess.), § 4(a), eff. May 6, 1996; 1995, No. 148 (Adj. Sess.), § 4(c)(1), eff. May 6, 1996; 1995, No. 178 (Adj. Sess.), § 299; 2003, No. 121 (Adj. Sess.), § 38, eff. June 8, 2004; 2007, No. 209 (Adj. Sess.), § 1a; 2009, No. 43, § 44, eff. May 27, 2009; 2009, No. 161 (Adj. Sess.), § 28, eff. June 4, 2010; 2013, No. 89, § 29a; 2017, No. 139 (Adj. Sess.), § 12.)

• § 2291a. State agency planning and coordination

  State agencies shall engage in a continuing planning process to assure that programs and actions are consistent with the goals established in the State Agency Energy Plan required by section 2291 of this title. This planning process shall be coordinated in a manner established by the Commissioner of Buildings and General Services. (Added 2003, No. 121 (Adj. Sess.), § 39, eff. June 8, 2004.)

• § 2291b. Adoption of State agency energy implementation plans

  After review by the Commissioner of Buildings and General Services and approval by the Secretary of Administration, each State agency shall adopt an implementation plan on or before August 31, 2010 to ensure compliance with the State Agency Energy Plan. Each agency shall readopt and file its implementation plan biennially with the Commissioner to ensure that the implementation plan remains compatible with the State Agency Energy Plan. (Added 2003, No. 121 (Adj. Sess.), § 40, eff. June 8, 2004; amended 2005, No. 43, § 44, eff. June 7, 2005; 2009, No. 43, § 45, eff. May 27, 2009.)

• § 2292. Department of Libraries

  The Department of Libraries is created in the Agency of Administration as the successor to and continuation of the State Department of Libraries. In addition to other duties assigned to it by law, the Department shall administer the programs and perform the functions assigned to it in 22 V.S.A. chapter 13 and 29 V.S.A. chapter 53. (Added 1995, No. 148 (Adj. Sess.), § 8, eff. May 6, 1996.)

• § 2293. Repealed. 2019, No. 61, § 9.

• § 2294. Repealed. 2009, No. 135 (Adj. Sess.), § 26(2)(B).

• Subchapter 005: CHIEF PERFORMANCE OFFICER

• § 2310. Chief Performance Officer

  (a) There is created the permanent, exempt position of Chief Performance Officer within the Agency of Administration for the purpose of better developing a culture of performance accountability and continuous improvement across State government. The Chief Performance Officer shall:

  (1) provide advice, recommendations, and consultation to the Executive and Legislative branches of State government about performance improvement and management;

  (2) lead the creation and implementation of a performance improvement and management strategy for State government to ensure effective and efficient government operations;

  (3) assist agencies and departments as necessary in developing, monitoring, managing, and improving performance measures as well as developing strategies that maximize results and return on investment;

  (4) develop and offer trainings, professional development opportunities, and resources for agencies and departments regarding performance improvement and management; and

  (5) provide consultation on the design and implementation of systems that use data and metrics to measure and report performance. (Added 2023, No. 113 (Adj. Sess.), § E.100.1, eff. July 1, 2024.)

• § 2311. Chief Performance Officer; annual State Outcomes Report

  (a) Report.

  (1) Annually, on or before September 30, the Chief Performance Officer within the Agency of Administration shall submit to the General Assembly a State Outcomes Report demonstrating the State’s progress in reaching the population-level outcomes for each area of Vermont’s quality of life set forth in subsection (b) of this section by providing data for the population-level indicators that are approved pursuant to the process set forth in subsection (c) of this section.

  (2) Vermont’s population-level quality of life outcomes are intended to reflect the well-being of all Vermonters, and indicators reported to measure the extent to which outcomes are achieved are intended to represent the experience of all Vermonters, including and especially Vermonters who are members of marginalized groups.

  (b) Vermont population-level quality of life outcomes.

  (1) Vermont has a prosperous economy.

  (2) Vermonters are healthy.

  (3) Vermont’s environment is clean and sustainable.

  (4) Vermont is a safe place to live.

  (5) Vermont’s families are safe, nurturing, stable, and supported.

  (6) Vermont’s children and young people achieve their potential.

  (7) Vermont’s elders live with dignity and in settings they prefer.

  (8) Vermonters with disabilities live with dignity and in settings they prefer.

  (9) Vermont has open, effective, and inclusive government.

  (10) Vermont’s State infrastructure meets the needs of Vermonters, the economy, and the environment.

  (c) Approving population-level indicators.

  (1) Annually, on or before March 1, a standing committee of the General Assembly having jurisdiction over a population-level quality of life outcome set forth in subsection (b) of this section or the Chief Performance Officer may submit to the Government Accountability Committee a request that any population-level indicator related to that outcome be revised.

  (2) If that request is approved by the Government Accountability Committee, the Chief Performance Officer shall revise and report on the population-level indicator in accordance with that approval and this section.

  (d) The report set forth in this section shall not be subject to the limitation on the duration of agency reports set forth in 2 V.S.A. § 20(d). (Added 2013, No. 186 (Adj. Sess.), § 2, eff. June 11, 2014; amended 2015, No. 124 (Adj. Sess.), § 2, eff. May 23, 2016; 2017, No. 6, § 2, eff. March 29, 2017; 2019, No. 166 (Adj. Sess.), § 18, eff. Oct. 1, 2020.)

• § 2312. Performance accountability liaisons to the General Assembly

  (a) The Chief Performance Officer shall designate an employee in each agency of State government to be a performance accountability liaison to the General Assembly. A liaison designated under this section shall be responsible for reviewing with the General Assembly any of the population-level outcomes and indicators set forth in section 2311 of this subchapter to which that agency contributes and for responding to any other requests for results-based accountability information requested by the General Assembly.

  (b) The performance accountability liaisons shall report to the Chief Performance Officer on any action taken under subsection (a) of this section.

  (c) Annually, on or before July 30 and as part of any other report requirement to the General Assembly set forth in this subchapter, the Chief Performance Officer shall report to the House Committees on Appropriations and on Government Operations and Military Affairs and the Senate Committee on Government Operations on his or her analysis of the actions taken by the performance accountability liaisons under this section. 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 2013, No. 186 (Adj. Sess.), § 2, eff. June 11, 2014; amended 2017, No. 154 (Adj. Sess.), § 18, eff. May 21, 2018.)

• § 2313. Performance contracts and grants

  (a) The Chief Performance Officer shall assist agencies as necessary in developing performance measures for contracts and grants.

  (b) Annually, on or before July 30 and as part of any other report requirement to the General Assembly set forth in this subchapter, the Chief Performance Officer shall report to the General Assembly on the progress by rate or percent of how many State contracts and grants have performance accountability requirements and the rate or percent of contractors’ and grantees’ compliance with those requirements. (Added 2013, No. 186 (Adj. Sess.), § 2, eff. June 11, 2014.)

• Subchapter 006: CHIEF PREVENTION OFFICER

• § 2321. Chief Prevention Officer

  (a) There is created the permanent position of Chief Prevention Officer within the Office of the Secretary in the Agency of Administration for the purpose of coordinating, across State government and in collaboration with community partners, policies, programs, and budgets to support and improve the well-being of all Vermonters through prevention efforts. The Chief Prevention Officer shall:

  (1) identify and coordinate initiatives across State government and among community stakeholder groups that improve well-being;

  (2) examine promising prevention practices in other jurisdictions that may be replicated in Vermont; and

  (3) improve the well-being of all Vermonters by considering population prevention measures in relation to all policy determinations.

  (b) The Chief Prevention Officer shall have a master’s-level degree or bachelor’s-level degree in a human services field, public health, or public administration and professional-level experience in prevention, substance use disorders, public health, or a closely related field. (Added 2019, No. 82, § 2.)