The Vermont Statutes Online

Title 3 Appendix: Executive Orders

Chapter 033: Human Services

• Executive Order No. 33-1 (No. 03-73) [Cash Recipients of Social Services]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 33-2 (No. 02-77) [Licensing and Regulation Division, Human Services Agency]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 33-3 (No. 19-78) [Positions Transferred to Human Services Agency]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 33-4 (No. 28-79) [Work Incentive Program]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 33-5 (No. 33-79) [Transfer of Typist C Position From Office of Secretary of State to Division of Vital Statistics, Department of Health, Agency of Human Services]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 33-6 (No. 40-79) [Transfer of Van, Utility Driver and Mail Clerk A From Agency of Administration, Division of Purchasing, to Agency of Human Services, Central Office]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 33-7 (No. 51-80) [North East Kingdom Community Action, Inc]

  WHEREAS, the United States Community Services Administration has determined not to refund Orleans County Council of Social Agencies, Inc. leaving the residents of Caledonia, Essex and Orleans Counties without a Community Action Agency; and

  WHEREAS, a Community Action Agency offers significant promise in its mission to mobilize resources to lift the economic condition of the poor and offer them the social, cultural and economic advantages enjoyed by the more fortunate residents of the State; and

  WHEREAS, the Community Action Agencies of Vermont, including Orleans County Council of Social Agencies, Inc., were designated by the Governor of the State of Vermont by Executive Order on June 20, 1968.

  NOW THEREFORE, I, Richard A. Snelling, Governor of the State of Vermont, by Executive Order, do hereby designate North East Kingdom Community Action, Inc. to serve the towns, villages and cities in the Counties of Caledonia, Essex and Orleans.

  The named agency shall work cooperatively with the other Community Action Agencies in the State and with the State Economic Opportunity Office as well as other state agencies in the planning, development, implementation, and evaluation of programs to be carried out within the State of Vermont under the auspices of Economic Opportunity Act of 1964, as amended.

  Dated July 3, 1980.

• Executive Order No. 33-8 (No. 48-87) [Housing Roundtable]

  Revoked and rescinded by Executive Order No. 3-46 (codified as Executive Order 06-05), dated September 13, 2005.

• Executive Order No. 33-9 (No. 16-93) [Vermont Commission on National and Community Service]

  Superseded by Executive Order No. 09-98 (codified as Executive Order No. 3-35), effective August 13, 1998.

• Executive Order No. 33-10 (No. 02-95) [Vermont Housing Council]

  Rescinded by Executive Order No. 33-22 (codified as Executive Order No. 08-11), dated June 16, 2011.

• Executive Order No. 33-11 (No. 18-03) [Vermont Interagency Council on Homelessness]

  Superseded and replaced by Executive Order No. 33-15 (codified as Executive Order No. 06-05), dated August 31, 2006.

• Executive Order No. 33-12 (No. 05-04) [Building Bright Futures: Vermont’s Alliance for Children Transitional Board]

  Superseded and replaced by Executive Order No. 33-14 (codified as Executive Order 03-06), dated June 5, 2006.

• Executive Order No. 33-13 (No. 02-05) [Governor’s Commission on Healthy Aging]

  Expired by its own terms, effective March 1, 2011.

• Executive Order No. 33-14 (No. 03-06) [Building Bright Futures Council: A Public/Private Partnership]

  Superseded and replaced by Executive Order No. 1-08 (codified as Executive Order No. 33-17), dated February 8, 2008.

• Executive Order No. 33-15 (No. 05-06) [Vermont Interagency Council on Homelessness]

  Superseded and replaced by Executive Order No. 33-24 (codified as Executive Order No. 03-12), dated January 25, 2012.

• Executive Order No. 33-16 (No. 05-07) [Vermont Developmental Disabilities Council]

  WHEREAS, Congress recognizes that disabilities are a natural part of the human experience that do not “diminish the right of individuals with developmental disabilities to live independently, to exert control and choice over their own lives, and fully participate in and contribute to their communities through full integration and inclusion in the economic, political, social, cultural, and educational mainstream” of society, 42 U.S.C. § 15001;

  WHEREAS, it is the purpose of the Developmental Disabilities Assistance and Bill of Rights Act 2000, 42 U.S.C. 15001 et seq. (hereinafter the Act), “to assure that individuals with developmental disabilities and their families participate in the design of and have access to needed community services, individualized supports, and other forms of assistance that promote self-determination, independence, productivity, and integration and inclusion in all facets of community life, through culturally competent program” authorized under the Act; and

  WHEREAS, the State of Vermont and its various departments and agencies provide services to individuals with developmental disabilities and their families in order to provide the information, skills, opportunities, and support necessary to achieve full integration and inclusion in society; and

  WHEREAS, individuals with developmental disabilities often require lifelong community services, individualized supports, and other forms of assistance, that are most effective when provided in a coordinated manner; and

  WHEREAS, individuals with developmental disabilities and their families are the primary decision-makers regarding the services and support such individuals and their families receive and they should contribute to policy decisions and program development that affect their lives; and

  WHEREAS, our communities are enriched by the contributions of individuals with developmental disabilities and their families who participate fully and actively in community activities and, with education and support, communities can become more accessible and responsive to their needs.

  NOW, THEREFORE, BE IT RESOLVED THAT I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Vermont Developmental Disabilities Council to engage in advocacy, capacity building, and systemic change activities consistent with the purposes and policies of the Act that contribute to a coordinated, comprehensive system of needed community services, individualized supports, and other forms of assistance that promote self-determination of individuals with developmental disabilities and their families.

  In the implementation of its charge, the Council shall:

  (1) Conduct a comprehensive review and analysis of the adequacy of services, supports and other assistance available to individuals with developmental disabilities and their families in Vermont, including a description of service systems and policies, and the extent of direct benefits and unmet needs;

  (2) Develop a 5-year strategic State plan through a planning process that includes stakeholder input and is derived from identified unmet needs of individuals and families;

  (3) Inform the Governor and other policymakers annually about issues impacting the lives of individuals with developmental disabilities and their families;

  (4) Implement the State plan by providing and supporting advocacy, capacity building, and systemic change activities such as outreach, training, technical assistance, support and education activities in communities, interagency collaboration and coordination, coordination with related councils, committees, and programs, barrier elimination, systems design and redesign, coalition development, citizen participation, and demonstration projects;

  (5) Prepare, approve and implement a budget using amounts authorized by the Act;

  (6) Hire an Executive Director to supervise the staff of the Council, to approve and hire other staff, and to obtain other professional, technical, and clerical personnel consistent with state law determined by the Council to be necessary to carry out its functions;

  (7) Submit periodic reports on the Council’s activities and outcomes as reasonably requested by the Secretary of U.S. Health and Human Services, keep records, and afford access as the Secretary finds necessary to verify those reports; and

  (8) Adopt by-laws, develop operating policies, and form such committees and task forces as may be required to undertake specific projects authorized by the Council.

  The Council shall consist of no less than 21 and no more than 25 members as necessary to meet the requirements established in the Act, as that Act may from time to time be amended. Up to five members of the Council shall be representatives from the Agency of Human Services designated by the Secretary and one member shall be a representative from the Vermont Department of Education designated by the Commissioner.

  The Governor shall appoint all remaining members, at his discretion, and after soliciting recommendations as required by the Act. Members shall be geographically representative of the State and reflect the diversity of the State with respect to race and ethnicity, and shall include:

  (1) One representative from Vermont Protection and Advocacy;

  (2) One representative from the University of Vermont Center on Disability & Community Inclusion;

  (3) Up to two representatives from local and non-governmental agencies and private nonprofit groups concerned with services for individuals for developmental disabilities in the State;

  (4) An additional number of members to constitute at least 60% of the Council membership as follows: 1/3 shall be individuals with developmental disabilities, 1/3 shall be parents or guardians of children with developmental disabilities or immediate relatives or guardians of adults with disabilities, and 1/3 shall be a combination of these individuals provided that members under this subsection shall not be employees of a state agency or other entity that receives funds or provides services under the Act. At least one of these members shall be an immediate relative or guardian of an individual with a developmental disability who resides or previously resided in an institution.

  The Council shall elect a Chair from among its members, subject to the approval of the Governor. Appointed members shall have the authority to engage in policy planning and implementation on behalf of their agency, department or program. Except for state and public agency representatives, members of the Council may serve no more than two terms of three years each. Public members of the Council shall be entitled to appropriate support and reimbursement of expenses as described in the Act and with available funds received under the Act.

  The Agency of Human Services shall serve as the state agency designated to provide support to the Council on behalf of the state. The Council shall periodically review the activities of the designated state agency to assure that it is in compliance with the Act.

  This Executive Order supersedes and replaces Executive Order No. 05-94 (codified as No. 3-27), dated April 20, 1994. The Council created by this order, however, shall be a continuation of, and successor to, the Council established by Executive Order No. 05-94. Members of the Council on the effective date of this order shall continue to serve until the expiration of their terms and may be re-appointed unless a public member has served two terms.

  This Executive Order shall take effect upon signing and shall be reviewed at least every five years to ensure continuing compliance with the Act as it may from time to time be amended.

  Dated August 14, 2007.

• Executive Order No. 33-17 (No. 01-08) [Building Bright Futures Council: A Public/Private Partnership]

  Superseded and replaced by Executive Order No. 33-19 (codified as Executive Order No. 06-09), dated June 27, 2009.

• Executive Order No. 33-18 (No. 02-09) [SerVermont]

  WHEREAS, Vermont has a long and proud heritage of neighbor helping neighbor that continues today; and

  WHEREAS, there is growing awareness of volunteerism and civic participation as a means to address unmet social, environmental, educational, and public safety needs; and

  WHEREAS, there is a need to foster an ethic of service and to support and recognize community service and volunteerism throughout our state; and

  WHEREAS, a state commission is necessary to advise and assist in implementation of a comprehensive national and community service plan in Vermont.

  NOW THEREFORE, I, James H. Douglas, by virtue of the power vested in me as Governor of the State of Vermont, do hereby establish the Vermont Commission on National and Community Service (hereafter the “Commission”), and do hereby order that the duties of this commission shall be set out under section 201 of the National and Community Service Trust Act of 1993, as amended (hereafter the “Act”), codified at 42 U.S.C. § 16238, and shall include:

  1. Provide an annual update to the three-year national service plan to the Corporation for National Service (hereafter the “Corporation”) as required under the Act that sets out priorities for, as well as addresses coordination of efforts in, community service programs in Vermont;

  2. Administer grants programs as required by the Act;

  3. Provide technical assistance to Vermont non-profit organizations and other entities in applying for Corporation funds and in planning programs relating to community service; and

  4. Disseminate information in Vermont relating to national service programs in a manner designed to ensure that interested Vermonters are aware of such opportunities.

  Membership of the commission shall consist of no fewer than 15 and no more than 25 voting members. All members shall be appointed by the Governor to three-year terms.

  Not more than 50% of the members plus one member shall be from the same political party. To the extent possible, membership shall be balanced according to race, ethnicity, age, disability, gender and geography.

  Members shall include as voting members at least one of the following individuals: an individual with experience in the educational, training, and developmental needs of disadvantaged youth; a representative of community-based agencies or community-based organizations within the state; an individual with experience in promoting the involvement of older adults in community service and volunteerism; an individual between the ages of 16 and 25 who is a participant or supervisor in a volunteer or service program; a representative of a national service program as described in the Section 122(a) of the Act (codified at 42 U.S.C. § 12572(a)); the Commissioner of the Vermont Department of Education or his or her designee, a representative of local government, a representative of a labor organization; and a representative of business.

  The commission may also include as voting members representatives of the following groups: local educators; persons experienced in delivery of services in the areas of human services, education, the environment, or public safety; out-of-school youth or other at-risk youth; and representatives of entities that receive assistance under the Domestic Volunteer Service Act of 1973 (42 U.S.C. 4950 et seq.). There shall also be a non-voting ex-officio representative of the Corporation for National Service.

  Not more than 25% of voting members may be state employees, although the Governor may appoint additional officers or employees of State agencies operating community service, youth service, education, social service, senior service and job training programs to serve as ex-officio, non-voting members.

  Vacancies occurring among the members shall be filled by the Governor to serve the balance of such terms. No member appointed after the effective date of this order shall serve more than two consecutive three-year terms.

  In addition to the State of Vermont Executive Code of Ethics, commissioners shall abide by the limitation on voting as found in Section 221(a) of the Act (codified at 42 U.S.C. § 12638(d)(2)).

  The Commission shall meet at least four times a year to perform its business. The Commission shall receive administrative support from the Agency of Human Services. Public members may receive reimbursement of expenses in attending Commission meetings and may receive a per diem pursuant to 32 V.S.A. § 1010.

  The officers of the Commission shall be a Chairperson, Vice-Chairperson, Treasurer and Secretary and shall constitute the Executive Committee. Officers shall be elected annually by the voting members of the Commission at the first regular meeting of the calendar year for a term of one year, commencing with the first meeting following their election subject to the approval of the Governor.

  Officers may not hold office for more than three consecutive years. Following at least one year out of office, persons who have served as officers are again eligible for election. The Chair shall be an ex-officio member of all committees, with the exception of the Nominating Committee, when one is established.

  The Chair shall have authority to appoint committees as necessary and appropriate to carry out the functions and duties of the Commission, including a Finance Committee that shall be chaired by the Treasurer, that shall review the annual budget and make recommendations.

  This Executive Order supersedes Executive Order No. 09-98 (codified as E.O. 3-35), dated August 13, 1998 and rescinds and repeals any by-laws previously adopted by the Commission. The Commission created by this order, however, shall be a continuation of, and successor to, the Commission established by Executive Order No. 09-98. Members of the Commission serving on the effective date of this order shall continue to serve until the expiration of their terms and may be re-appointed for up to two additional consecutive terms.

  This order shall take effect on January 23, 2009.

  Dated January 21, 2009.

• Executive Order No. 33-19 (No. 06-09) [Building Bright Futures: A Public/Private Partnership]

  Expired by its own terms, effective June 30, 2010.

• Executive Order No. 33-20 (No. 08-10) [Drug Utilization Review Board]

  Superseded and replaced by Executive Order No. 33-26 (codified as Executive Order No. 07-19), dated September 5, 2019.

• Executive Order No. 33-21 (No. 07-11) [Vermont Council on Interstate Juvenile Supervision]

  WHEREAS, effective July 1, 2010, Vermont became a compacting state to the Interstate Compact for Juveniles pursuant to section 12 of Act 108 of the 2009 Adjourned Session;

  WHEREAS, the Interstate Compact for Juveniles (“the compact”) requires each compacting state to create a state council for interstate juvenile supervision;

  WHEREAS, pursuant to the compact each compacting state is required to appointed a compact administrator to administer and manage the state’s supervision and transfer of individuals subject to the compact; and

  WHEREAS, each compacting state is entitled to one voting representative on the Interstate Commission for Juveniles (“the commission”);

  NOW, THERE, I, Peter Shumlin hereby establish the Vermont Council on Interstate Juvenile Supervision (“the council”).

  1. Council composition: The council shall be made up of the following:

  a. A representative from the Vermont Department of Children and Families (“DCF”), appointed by the commissioner of DCF, who shall serve as compact administrator and as the state’s representative on the commission;

  b. A representative from DCF, appointed by the commissioner of DCF, who shall serve as deputy compact administrator and who shall discharge the duties of the compact administrator in the administrator’s absence;

  c. One representative from the Vermont center for crime victims services to be appointed by the board of the Vermont center for crime victims services;

  d. One representative from the judiciary to be appointed by the Chief Justice of the Supreme Court; and

  e. One representative of the legislative branch appointed by the general assembly pursuant to a process determined by the joint rules committee.

  2. Member’s terms: Each council member’s term shall begin on February 1 of odd-numbered years and shall continue for two years and until a successor is appointed. If a position becomes vacant during a term, it shall be filled in the manner described above for the balance of that term. Members may be reappointed without limitation.

  3. Council responsibilities: The council shall be advisory to DCF concerning the state’s participation in commission activities. In addition, the council may designate a designee to the commission if the compact administrator and deputy compact administrator are unavailable.

  4. Staffing: DCF shall carry out the state’s duties pursuant to the compact, and shall provide administrative support to the council.

  This Executive Order shall take effect upon signing.

  Dated June 16, 2011.

• Executive Order No. 33-22 (No. 08-11) [Vermont Housing Council]

  Superseded and replaced by Executive Order No. 33-27 (codified as Executive Order No. 01-23), dated May 10, 2023.

• Executive Order No. 33-23 (No. 15-11) [Governor’s Commission on Successful Aging]

  WHEREAS, Vermont places great value on the contributions of its older citizens; and

  WHEREAS, it is important that older Vermonters maintain their health and remain active and involved in their communities; and

  WHEREAS, encouraging older Vermonters to participate in the labor market will positively impact the State’s economic development and sustainability while at the same time result in improved physical, mental, emotional and financial well-being of older Vermonters; and

  WHEREAS, being physically active contributes substantially to healthy aging;

  WHEREAS, a public health approach to successful aging has been shown to improve the health status of older adults and to prevent or delay unnecessary treatments and services;

  NOW, THEREFORE, I, Peter Shumlin, by virtue of the power vested in me as Governor, establish the Governor’s Commission on Successful Aging.

  I. Composition The Commission shall consist of no more than 15 members, appointed by the Governor. Members shall be appointed by the Governor to three-year terms, beginning March 1 of the year of appointment or until their successors are appointed. (Initial appointments shall take effect immediately and shall include the term beginning March 1, 2012.) Initially, one-third of the members shall be appointed to one-year terms, one-third to two-year terms, and one-third to three-year terms. No member shall serve more than two consecutive terms.

  Members shall include: the Commissioner of the Department of Disabilities, Aging and Independent Living or designee; a representative from the Vermont Department of Mental Health or designee; a representative from the Vermont Department of Health; the Commissioner of the Department of Labor or designee; a representative of Creative Workforce Solutions; a representative of the Area Agencies on Aging; a representative of the American Association of Retired Persons (AARP); a representative of the Community of Vermont Elders (COVE); a representative of a Vermont association of businesses; a representative from the Senior Community Service Employment Program; an individual representing Vermont’s municipalities; a representative from the Vermont Agency of Transportation; two seniors who exemplify healthy aging through their work as community and/or business leaders. The Governor or the Governor’s designee shall chair the Commission.

  II. Committee Charge1. To make recommendations to the Administration on the design and implementation of health reform initiatives, in order to promote healthy aging through the lifespan and to ensure reforms are responsive to the needs and preferences of older Vermonters;

  2. To assist the Department of Disabilities, Aging and Independent Living, the Department of Labor, and other State agencies in optimizing the potential of Vermont’s older workers, including the implementation of a strategic approach to engaging older Vermonters in the labor force;

  3. To assist the Department of Disabilities, Aging and Independent Living, the Department of Health, and the Department of Mental Health in identifying potential sources of funding for health/mental health promotion programs and to make recommendations regarding the pursuit of funding opportunities and implementation of programs;

  4. To make recommendations to the Administration on ways to promote the creation of more livable communities for all ages by ensuring active, non-motorized transportation initiatives such as Complete Streets and Safe Streets are responsive to the needs and preferences of older Vermonters.

  III. Committee Process The Commission shall meet at least three times annually or upon the call of the Chair and shall submit a report to the Governor each year by July 1.

  The Commission shall be attached to the Department of Disabilities, Aging and Independent Living for administrative support. To the extent funds permit, members who are not employed by the state shall receive reimbursement of expenses and a per diem pursuant to 32 V.S.A. § 1010(e).

  IV. Effective Dates

  This Executive Order shall take effect upon signing and shall expire on November 30, 2016 unless extended by the Governor.

  Dated November 8, 2011.

• Executive Order No. 33-24 (No. 03-12) [Vermont Council on Homelessness]

  Superseded and replaced by Executive Order No. 33-27 (codified as Executive Order No. 01-23), dated May 10, 2023.

• Executive Order No. 33-25 (No. 09-13) [Governor’s Council on Pathways From Poverty]

  Expired by its own terms, effective January 15, 2017.

• Executive Order No. 33-26 (No. 07-19) [Drug Utilization Review Board]

  WHEREAS, the State of Vermont participates in the Medicaid program; and

  WHEREAS, the Omnibus Budget Reconciliation Act of 1990 (the “Act”), codified at 42 U.S.C.§ 1396r-8(g), requires the establishment of a drug use review program for states that participate in Medicaid; and

  WHEREAS, the drug use review program must assure that outpatient drug claims for prescription drugs are appropriate, medically necessary and are not likely to result in adverse medical results; and

  WHEREAS, the Act requires a Drug Use Review Board be established to carry out the requirements of the program under the sponsorship of the state Medicaid agency.

  NOW, THEREFORE, I, Philip B. Scott, by virtue of the power vested in me as Governor, do hereby amend and reconstitute a Drug Utilization Review Board (the “Board”), as follows:

  I. Composition and Appointments.

  The Drug Utilization Review Board created by this Executive Order shall be a continuation and successor to the Board established by Executive Order No. 08-10 (codified at Executive Order No. 33-20), dated September 8, 2010.

  Members of the Board on the effective date of this Executive Order shall be reappointed by the Commissioner of the Department of Vermont Health Access and shall be divided into three classes, as nearly equal in number as possible, designated as Class I, Class II and Class III. Class I members shall initially serve until August 31, 2020; Class II members shall initially serve until August 31, 2021; and Class III members shall initially serve until August 31, 2022. Board members appointed to succeed members whose terms expire shall be appointed for staggered three-year terms expiring on August 31st of the third year following their appointment.

  At least one-third, but not more than half, of the Board’s membership shall be licensed and actively practicing physicians appointed by the Commissioner of the Department of Vermont Health Access with the approval of the Governor.

  At least one-third of the membership of the Board shall be licensed and actively practicing pharmacists appointed by the Commissioner of the Department of Vermont Health Access with the approval of the Governor.

  The Board may include other members as proposed by the Commissioner of the Department of Vermont Health Access and approved by the Governor.

  In case of any increase or decrease, from time to time, in the number of Board members, the number of members in each class shall be apportioned as nearly equally as possible.

  The Chair shall be elected by vote of the members.

  II. Charge.

  The Board shall carry out the duties and responsibilities required by federal and State law and shall participate in the efforts of the Department of Vermont Health Access to assure that prescriptions for Medicaid patients are appropriate, medically necessary and not likely to result in adverse medical results.

  Specifically, the Board shall:

  (a) approve any standards utilized in both prospective and retrospective drug utilization review;

  (b) evaluate the results of the application of standards to Medicaid claims data to identify utilization patterns which suggest drug therapy problems;

  (c) determine the content and methodology of specific activities to educate practitioners on common therapy problems;

  (d) provide ongoing educational interventions for practitioners targeted through retrospective review; and

  (e) report annually to the Commissioner of the Department of Vermont Health Access concerning the nature and scope of retrospective drug utilization review and educational activity.

  Members of the Board who are not otherwise employed by the State may receive per diem compensation in accordance with 32 V.S.A. § 1010(e), subject to the availability of funding.

  The Board shall be attached to the Department of Vermont Health Access for administrative support.

  III. Effective Date.

  This Executive Order shall take effect upon signing and shall supersede and replace Executive Order No. 08-10 (codified at Executive Order No. 33-20), dated September 8, 2010.

  Dated September 5, 2019

• Executive Order No. 33-27 (No. 01-23) [Vermont Council on Housing and Homelessness]

  WHEREAS, for decades, successive Vermont governors and legislatures have struggled with how to address the growing demographic crisis in communities throughout the state and the impact this crisis has on the social and economic fundamentals of community vitality, including the shortage of decent, affordable housing for low to moderate income Vermonters; and

  WHEREAS, no fewer than seven councils, roundtables and teams have been convened by the legislature or governor to study housing and homelessness since the tenure of Governor Dean; and

  WHEREAS, over time we have learned many of these issues are policy-driven, attributable, for example, to state and local zoning policies intended to slow housing rehabilitation and construction, towns and neighbors willing to litigate for years to keep low-income and affordable housing and supported housing facilities out of their communities, and failure to provide an adequate statewide system of mental health responses and services; and

  WHEREAS, in addition to needing low-income rental apartments and housing options, many economically vulnerable Vermonters require coordinated wrap-around social services from a range of government agencies and community partners, like mental health care, treatment and supports to break the cycle of addiction, and job training; and

  WHEREAS, these are fundamental issues that require focused and sustained effort in all 14 counties; and

  WHEREAS, with the availability of federal funding for housing and water and sewer infrastructure, Vermont has a once-in-a lifetime opportunity to achieve real revitalization of the housing stock in our communities and better address issues of available housing and homelessness with investments that prioritizes long-term solutions; and

  WHEREAS, to avoid repeating the shortcomings of past efforts, it is my intent to create an interagency council with specific tasks and timeframes for achieving clearly defined annual targets.

  NOW, THEREFORE BE IT RESOLVED, I, Philip B. Scott, by virtue of the power vested in me as Governor, do hereby establish the Vermont Council on Housing and Homelessness.

  I. Council Charge and Process

  The Council shall have the following duties and responsibilities:

  a. By December 31, 2023, the Council shall deliver to the Governor a Tactical Action Plan outlining annual strategies, specific tactics and measurable annual performance metrics to ensure affordable housing options exist for all Vermonters, at all income levels. This Tactical Action Plan shall include a reasonable inventory of public and private sector rehabilitation and development in Vermont; annual achievable targets for meeting the need for supply and affordability in all 14 counties with priority given to the counties that have experienced the most significant demographic declines; proposals to expedite revitalization of our housing supply; specific and measurable interventions to reduce the number of Vermonters becoming homeless each year; and plans to achieve specific, clearly defined and measurable annual performance metrics for all key strategies, tactics or plans;

  b. No later than September 30th of every year of this Executive Order, develop an annual progress report on its key performance metrics and modifying tactical plans going forward; and

  c. Recommend to the Governor state and federal policies to improve a housing availability, affordability and stability.

  II. Composition

  The Council shall consist of agency and department representatives and representatives from the named sectors listed below to be appointed by the Governor, to include:

  • the Secretary of the Agency of Human Services or the Deputy Secretary of the Agency of Human Services;

  • the Agency of Human Services Commissioners of Corrections, Mental Health, Disabilities, Aging and Independent Living, Health, and Children and Families;

  • the Commissioner of the Department of Housing and Community Development;

  • the Executive Director of the Statewide Workforce Development Board;

  • the Chief Prevention Officer;

  • the Commissioner or the Deputy Commissioner of the Vermont Department of Labor;

  • the Executive Director of the Vermont State Housing Authority;

  • the Executive Director of the Vermont Housing Finance Agency;

  • the Executive Director of the Vermont Housing and Conservation Board;

  • the Executive Director of the Vermont League of Cities and Towns;

  • the Executive Director of a mental health designated agency;

  • the Executive Director of a substance use preferred provider;

  • a representative from a regional planning commission;

  • a representative of the Balance of State Continuum of Care;

  • a representative of the Chittenden County Continuum of Care;

  • the Executive Director of a regional nonprofit housing provider;

  • the Executive Director of a homeless shelter or service provider; and

  • a private sector housing provider.

  The Council shall be advisory to the Governor and meet no less than quarterly.

  The Council may establish sub-committees including, but not limited to: a sub-committee on homelessness; a sub-committee on housing development; and a sub-committee on rental housing quality. Sub-committees may, at the discretion of the co-chairs, include individuals who are not on the Council. Individuals not on the Council shall not make up a majority of any sub-committee.

  The Council shall consult, as needed, with the Director of the Division of Fire Safety; the Center for Crime Victim Services; the Network Against Domestic and Sexual Violence; organizations representing the interests of LGBTQ individuals; organizations representing the interests of black and brown Vermonters and other people of color; and others the Council may identify as necessary for insight and expertise. Individuals with lived experience and expertise of housing insecurity shall be included in the development of the Tactical Action Plan and annual progress reports.

  III. Co-Chairs of Council and Administrative Support

  The Governor shall appoint the Secretary (or Deputy Secretary) of the Agency of Human Services and the Commissioner of the Department of Housing and Community Development as the Co-Chairs of the Council.

  The Council shall be attached to the Department of Housing and Community Development and the Agency of Human Services for administrative support. To the extent funds permit, community members shall receive reimbursement of expenses and a per diem pursuant to 32 V.S.A. § 1010(e).

  IV. Effective Dates

  This Executive Order supersedes and replaces Executive Order No. 08-11, dated June 27, 2011 (codified as Executive Order 33-22) and Executive Order No. 03-12, dated January 25, 2012 (codified as Executive Order 33-24). This Executive Order shall take effect upon signing and expire December 31, 2034.

  Dated May 10, 2023