The Vermont Statutes Online

Title 30 : Public Service

Chapter 005 : State Policy; Plans; Jurisdiction and Regulatory Authority of Commission and Department

Subchapter 001 : General Powers

• § 227b. Wireless telecommunications

  (a)(1) The Secretary of Administration is designated as the exclusive agent for the State of Vermont to contract for the use of State-owned buildings, structures, and land for wireless, two-way interactive telecommunications facilities. The Secretary is granted the power to contract or grant a lease or license of up to 25 years for such buildings, structures, and land for such purposes. The provisions of this section shall apply to all State-owned buildings, structures, and land, including such property owned or managed by the Department of Buildings and General Services, the Agency of Transportation, the Department of Public Safety, and the Agency of Natural Resources.

  (2) The Secretary is granted all powers necessary to carry out his or her responsibilities under this section. Notwithstanding any other provision of law, the powers granted to the Secretary under this section relating to wireless telecommunications facilities shall supersede the authority granted to any other State official or agency relating to such facilities. The powers granted by this section shall not affect the Secretary’s duty, and any duty of the facility owner, to seek and obtain any applicable gubernatorial, quasi-judicial, or legislative review, approval, or permit required by law, including as necessary permits under 10 V.S.A. chapter 151 (Act 250), local planning and zoning permits, a certificate of public good under section 248a of this title, and legislative approval under 29 V.S.A. § 166 (sale or long-term lease of State lands), 10 V.S.A. § 2606 (exchange or lease of State forests and parks), or 10 V.S.A. § 2606a (State-owned mountaintop use as communications sites). A decision by the Secretary to contract or enter into or renew a lease or license for the use of a State-owned building, structure, or land for a wireless telecommunications facility shall have no presumptive or binding effect with respect to the facility’s compliance with the standards or criteria used in determining whether to grant any such required approval or permit.

  (3) The Secretary shall consult with all affected State officials and agencies concerning each proposed use of State properties for wireless telecommunications facilities to determine the compatibility of the particular building, structure, or parcel of land to accommodate such facilities, and to determine and give due consideration to the compatibility of the proposed use with the approved long-term management plan for the property under consideration, but the approval of such officials or agencies is not required for the Secretary to exercise his or her powers under this section. In the case of lands managed by the Agency of Natural Resources, the Secretary shall determine that the use is consistent with any management plan to which the lands are subject.

  (b) The Secretary of Administration shall develop a standard contract and a standard contracting procedure for the use of State-owned buildings and land for wireless telecommunications facilities. The contract and contracting procedure shall provide for:

  (1) criteria and procedures for making a wireless facility development proposal;

  (2) final consideration of each completed facility development proposal within 60 days of the proposal’s submission in the manner prescribed by the Secretary;

  (3) appropriate public benefits as compensation for the use of State properties, including public use of increased telecommunications capacity, direct compensation, or other public benefits;

  (4) in the event that a wireless telecommunications facility is abandoned, the restoration of the site to a natural state within 12 months following abandonment. For the purpose of this subdivision, “natural state” does not require the removal of equipment and material buried more than 12 inches below natural grade if the equipment and material do not constitute hazardous material as defined under 10 V.S.A. § 6602(16), and the Secretary concludes that in the context of a particular site, removal of such equipment and material is not necessary to satisfy the purposes of this subsection. Nothing in this subdivision shall constitute authority to dispose of or bury waste or other material in contradiction of applicable law;

  (5) encouragement of competition in wireless telecommunications, including requirements for open access for competing providers;

  (6) encouragement of the use of advanced technology, and the collocation of facilities whenever feasible, in order that the number of wireless telecommunications facilities can be minimized or reduced;

  (7) terms and conditions requiring certification by the owners of wireless telecommunications facilities on State-owned buildings, structures, or land that such facilities have been installed, operated, and maintained in accordance with applicable federal and State safety standards; and

  (8) the retaining of a portion of revenues accruing from the lease of State-owned buildings, structures, or lands, as determined by the Secretary of Administration, by departments with management responsibility for such buildings, structures, or lands in order to cover operating and maintenance costs associated with two-way, interactive telecommunications facilities.

  (c) By January 15, 2012, and by January 15 in the next succeeding three years, the Secretary of Administration shall report to the Chairs of the House Committee on Commerce and Economic Development and the Senate Committee on Finance concerning the Secretary’s activities under this section.

  (d) In the event of a conflict between the provisions of this section and any other provision of law relating to the use of State-owned buildings, structures, and land, including the provisions of 29 V.S.A. § 165, and 19 V.S.A. § 26a, the provisions of this section shall control. (Added 1995, No. 168 (Adj. Sess.), § 1; amended 1997, No. 150 (Adj. Sess.), § 21; 2011, No. 53, § 13, eff. May 27, 2011.)