2011 Vermont Code
Title 03 Executive
Chapter 51 NATURAL RESOURCES
§ 2822 Budget and report; powers

§ 2822. Budget and report; powers

(a) The secretary shall be responsible to the governor and shall plan, coordinate and direct the functions vested in the agency. The secretary shall prepare and submit to the governor an annual budget and shall prepare and submit to the governor and the general assembly in November of each year a report concerning the operation of the agency for the preceding fiscal year and the future goals and objectives of the agency.

(b) The secretary shall also have the powers and duties set forth in section 2803 of this title.

(c) If a waiver has been granted by the public service board under 30 V.S.A. { 248(k), the secretary or the secretary's designee shall expedite and may authorize temporary emergency permits with appropriate conditions to minimize significant adverse environmental impacts within the jurisdiction of the agency, after limited or no opportunity for public comment, allowing site preparation for or construction or operation of an electric transmission facility or a generating facility necessary to assure the stability or reliability of the electric system or a natural gas facility, regardless of any provision in Title 10 or chapter 11 of Title 29. Such authorization shall be given only after findings by the secretary that: good cause exists because an emergency situation has occurred; the applicant will fulfill any conditions imposed to minimize significant adverse environmental impacts; and the applicant will, upon the expiration of the temporary emergency permit, remove, relocate, or al

ter the facility as required by law or by an order of the public service board. A permit issued under this subsection shall be subject to such conditions as are required by the secretary and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the secretary. Upon the expiration of a temporary emergency permit under this subsection, if any applicable permits have not been issued by the secretary or the commissioner of environmental conservation, the secretary may seek enforcement under applicable law.

(d) The secretary may adopt rules to implement the authority to issue expedited, temporary emergency permits specified in subsection (c) of this section and in 20 V.S.A. { 9(11).

(e) The secretary, with the approval of the secretary of administration, may transfer any unexpended funds appropriated in a capital construction act to other projects authorized in the same section of that act.

(f) For any agency program, the secretary may provide for simplified application forms and procedures for minor projects.

(g) The secretary shall make all practical efforts to process permits in a prompt manner. The secretary shall establish time limits for the processing of each permit as well as procedures and time periods within which to notify applicants whether an application is complete. The secretary shall report no later than the third Tuesday of each annual legislative session to the house and senate committees on natural resources and government operations. The annual report shall assess the agency's performance in meeting the limits; identify areas which hinder effective agency performance; list fees collected for each permit; summarize changes made by the agency to improve performance; describe staffing needs for the coming year; and certify that the revenue from the fees collected is at least equal to the costs associated with those positions. This report is in addition to the fee report and request, required by subchapter 6 of chapter 7 of Title 32.

(h) [Repealed.]

(i) The secretary shall not process an application for which the applicable fee has not been paid unless the secretary specifies that the fee may be paid at a different time or unless the person applying for the permit is exempt from the permit fee requirements pursuant to 32 V.S.A. { 710. In addition, the persons who are exempt under 32 V.S.A. { 710 are also exempt from the application fees for stormwater operating permits specified in subdivisions (j)(2)(A)(iii)(I) and (II) of this section if they otherwise meet the requirements of 32 V.S.A. { 710. Municipalities shall be exempt from the payment of fees under this section except for those fees prescribed in subdivisions (j)(1), (2), (7), (8), (14), and (15) of this section for which a municipality may recover its costs by charging a user fee to those who use the permitted services, except that a municipality shall also be exempt from those fees for orphan stormwater systems prescribed in subdivisions (j)(2)(A)(iii) and (2)(B)(iv)(

I) or (II) of this section when the municipality agrees to become an applicant or co-applicant for an orphan stormwater system under 10 V.S.A. { 1264c.

(j) In accordance with subsection (i) of this section, the following fees are established for permits, licenses, certifications, approvals, registrations, orders, and other actions taken by the agency of natural resources.

(1) For air pollution control permits or registrations issued under chapter 23 of Title 10:

(A) Any persons subject to the provisions of 10 V.S.A. { 556 shall submit with each permit application or with each request for a permit amendment, a base service fee in accordance with the base fee schedule in subdivision (i) of this subdivision (1)(A). Prior to taking final action under 10 V.S.A. { 556 on any application for a permit for a nonmajor stationary source or on any request for an amendment of a permit for such a source, the secretary shall assess each applicant for any additional fees due to the agency, assessed in accordance with the base fee schedule and the supplementary fee schedule in subdivision (ii) of this subdivision (1)(A). The applicant shall submit any fees so assessed to the secretary prior to issuance of the final permit, notwithstanding the provisions of subsection (i) of this section. The base fee schedule and the supplementary fee schedule are applicable to all applications on which the secretary makes a final decision on or after the date on which this section is operative.

(i) Base fee schedule

(I) Application for permit to construct or

modify source

(aa) Major stationary source $ 12,500.00

(bb) Nonmajor stationary source $ 1,000.00

(II) Amendments

Change in business name, division name

(ii) Supplementary fee schedule for nonmajor

stationary sources

(I) Engineering review $ 1,750.00

(II) Air quality impact analysis

Review refined modeling $ 1,250.00

(III) Observe and review source emission

testing $ 1,750.00

(IV) Audit performance of continuous emis-

sions monitors $ 1,750.00

(V) Audit performance of ambient air

monitoring $ 1,750.00

(VI) Implement public comment requirement $ 500.00

(B) Any person required to register an air contaminant source under 10 V.S.A. { 555(c) shall submit an annual registration fee in accordance with the following registration fee schedule, where the sum of a source's emissions of the following air contaminants is greater than five tons per year: sulfur dioxide, particulate matter, carbon monoxide, nitrogen oxides, and hydrocarbons:

Registration: $0.024 per pound of emissions of any of these contaminants. Where the sum of a source's emission of these contaminants is greater than ten tons per year:

Base registration fee $1,000.00; and $0.024 per pound of emissions of any of these contaminants.

(2) For discharge permits issued under chapter 47 of Title 10 and orders issued under 10 V.S.A. { 1272, an administrative processing fee of $100.00 shall be paid at the time of application for a discharge permit in addition to any application review fee and any annual operating fee, except for permit applications under subdivisions (2)(A)(iii)(III), (IV), and (V) of this subsection:

(A) Application review fee.

(i) Municipal, industrial, noncon-

contact cooling water and thermal

discharges.

(I) Individual permit: original $0.0023 per gallon design

application; amendment for flow; minimum $50.00 per

increased flows; amendment outfall; maximum $30,000.00

for change in treatment per application.

process.

(II) Renewal, transfer or mi- $0.00

nor amendment of individual

permit.

(III) General permit. $0.00

(ii) Pretreatment discharges.

(I) Individual permit: original $0.12 per gallon design flow;

application; amendment for minimum $50.00 per outfall.

increased flows; amendment

for change in treatment

process.

(II) Renewal, transfer or mi- $0.00

nor amendment of individual

permit.

(iii) Stormwater discharges.

(I) Individual operating permit $360.00 per acre

or application to operate impervious area;

under general operating minimum $180.00

permit for collected per application.

stormwater runoff

which is discharged to

Class B waters: original

application; amendment

for increased flows;

amendment for change

in treatment process.

(II) Individual operating permit $1,170.00 per acre

or application to operate impervious area; mini-

under general operating mum $1,170.00 per

permit for collected storm- application.

water runoff which is dis-

charged to Class A

waters; original appli-

cation; amendment for

increased flows; amend-

ment for change in

treatment process.

(III) Individual permit or ap-

plication to operate under

general permit for con-

struction activities; orig-

inal application;

amendment for increased

acreage.

(aa) Projects with low risk $36.00 per project;

to waters of the state. original application.

(bb) Projects with moderate $300.00 per project

risk to waters original application.

of the state.

(cc) Projects that require an $600.00 per project

individual permit. original application.

(IV) Individual permit or $180.00 per facility.

application to operate

under general permit

for stormwater runoff

associated with industrial

activities with specified

SIC codes; original

application; amendment

for change in activities.

(V) Individual permit or $1,000.00 per system.

application to operate

under general permit

for stormwater runoff

associated with municipal

separate storm sewer systems;

original application;

amendment for change

in activities.

(VI) Renewal, transfer, or $0.00

minor amendment of indi-

vidual permit or ap-

proval under general permit.

(iv) Indirect discharge or under-

ground injection control, exclud-

ing stormwater discharges.

(I) Sewage.

(aa) Individual permit: origi- $1,755.00 plus $0.08 per

nal application; amendment gallon of design capac-

for increased flows; ity above 6,500 gpd.

amendment for modifica- tion or replacement of system. (bb) Renewal, transfer or $0.00

minor amendment of individual permit.

(cc) General permit. $0.00

(II) Nonsewage.

(aa) Individual permit: origi- $0.06 per gallon design ca-

nal application; amend- pacity; minimum $235.00

ment for increased flows; per application.

amendment for modification or replacement of system.

(bb) Renewal, transfer or $0.00

minor amendment of individual permit.

(cc) General permit $0.00

(B) Annual operating fee.

(i) Industrial, noncontact $0.001 per gallon design

cooling water and capacity. $150.00 minimum;

thermal discharges. maximum $105,000.00.

(ii) Municipal. $0.003 per gallon of actual

flows. $150.00 minimum;

maximum $12,500.00.

(iii) Pretreatment discharges. $0.0385 per gallon design

capacity. $150.00 minimum;

maximum $27,500.00.

(iv) Stormwater

(I) Individual operating permit $255.00 per acre

or approval under general impervious area;

operating permit for col- $235.00 minimum.

lected stormwater runoff

which is discharged to

class A waters.

(II) Individual operating permit $66.00 per acre

or approval under general impervious area;

operating permit for $60.00 minimum.

collected stormwater runoff

which is discharged to

Class B waters.

(III) Individual permit or $66.00 per facility.

approval under general

permit for stormwater

runoff from industrial

facilities with speci-

fied SIC codes.

(IV) Individual permit or $66.00 per system.

application to operate

under general permit for

stormwater runoff associ-

ated with municipal separate

storm sewer systems.

(v) Indirect discharge or underground

injection control, exclud-

ing stormwater discharges:

(I) Sewage

(aa) Individual permit $400.00 plus $0.035 per gallon

of design capacity above 6,500

gpd. maximum $27,500.00.

(bb) Approval under $220.00.

general permit.

(II) Nonsewage

(aa) Individual permit $0.013 per gallon of design

capacity. $100.00 minimum;

maximum $5,500.00.

(bb) Approval under $220.00.

general permit

(C) The secretary shall bill all persons who hold discharge permits for the required annual operating fee. Annual operating fees may be divided into semiannual or quarterly billings.

(3) [Deleted.]

(4) For potable water supply and wastewater permits issued under 10 V.S.A. chapter 64:

(A) Subdivision of land

(i) Original application; major amendments.

(I) Municipal or private $0.25 per gallon per lot of

sewerage system and public design flow of potable water

water supply. or wastewater, whichever is

greater. Minimum per lot

$105.00.

(II) All other projects. $0.50 per gallon per lot of

design flow of potable water

or wastewater, whichever is

greater. Minimum per lot

$210.00.

(ii) Minor amendments. $50.00

(B) Potable water supply or wastewater system

(i) Original application or

major amendment when

both potable water and

wastewater are being

constructed.

New or replacement sys-

tems.

(I) Municipal or private $0.25 per gallon

sewerage system and pub- of design flow of potable wa-

lic water supply. ter or wastewater, whichever is

greater. Minimum per

application $105.00.

Maximum per application

$15,000.00.

(II) All other projects. $0.50 per gallon of design flow

of potable water or wastewater,

whichever is greater. Minimum

per application $210.00. Maximum per application $15,000.00.

(ii) Original application or

major amendment when

either potable water

or wastewater, but not

both, is being constructed.

New or replacement systems.

(I) Municipal or private $0.15 per gallon per applica-

sewerage system and public tion of design flow. Minimum water supply. per application $105.00.

Maximum per application $15,000.00.

(II) All other projects. $0.30 per gallon of design flow.

Minimum per application $210.00. Maximum per application $15,000.00.

(iii) Original application or

major amendment when

design flow of potable water

or wastewater is increased

but no construction is required.

(I) Municipal or private $0.25 per gallon of increased

sewerage system and design flow of potable water

public water supply. or wastewater, whichever is

greater. Minimum per application $67.50. Maximum per application $15,000.00.

(II) All other projects. $0.50 per gallon of increased

design flow of potable water or wastewater, whichever is greater. Minimum per application $135.00. Maximum per application $15,000.00.

(iv) Minor amendments. $50.00

(C) Special fees

(i) Original application or $135.00

amendment solely for con-

struction of grease trap,

due to change in use,

no increase in design flow.

(ii) Original application or $135.00.

amendment solely for con-

struction of holding tank

for nondomestic wastewater

when nondomestic wastewater

will be transported off site.

(iii) Original application or $50.00

amendment for initial con-

nection by an existing build-

ing or structure to a municipal

water or wastewater system at

the time is first constructed

where there is no increase in

design flow and where the con-

nection and system has been

reviewed and approved by the

facilities engineering division

of the agency or has been re-

viewed, approved, and certified

by a licensed designer retained

by the municipality.

(iv) Original application or $35.00 per lot.

amendment for subdivision of

land where the lot or lots sub-

ject to the fee are owned or

will be owned by the applicant or

a person related to the applicant by

blood, civil marriage, or civil union.

If the lot or lots are subsequently trans-

ferred within a period of two years to

an individual who is not related by

blood, civil marriage, or civil union

to the owner of the lot or lots, the full

fee for the lots that were created shall

be paid.

(D) Notwithstanding the other provisions of this subdivision:

(i) when a wastewater system is subject to the fee provisions of this subdivision and subdivision (j)(2)(A)(iv)(I) of this section, only the higher of the two fees shall be assessed;

(ii) when a potable water supply is subject to the fee provisions of this subdivision and subdivision (j)(7)(A) of this section, only the fee required by subdivision (j)(7)(A) shall be assessed;

(iii) when a project is subject to the fee provision for the subdivision of land and the fee provision for potable water supplies and wastewater systems of this subdivision, only the higher of the two fees shall be assessed; and

(iv) when a project is located in a Vermont neighborhood, as designated under 24 V.S.A. chapter 76A, the fee shall be no more than $50.00 in situations in which the application has received an allocation for sewer capacity from an approved municipal system. This limitation shall not apply in the case of fees charged as part of a duly delegated municipal program.

(5) For well drillers licenses issued under 10 V.S.A. chapter 48:

$105.00 per year.

Fees shall be paid on an annual basis over the term of the license.

(6) For solid waste treatment, storage, transfer or disposal facility certifications issued under 10 V.S.A. chapter 159:

(A) original and renewal $0.75 per ton certified

applications, excluding operational capacity pro-

recycling and composting rated and paid on an annual

facilities and categorical basis over the term of

solid waste facilities certification.

(B) original and renewal $100.00

applications for recycling and

composting facilities, excluding

categorical solid-waste facilities

that solely waste manage recycling

or composting solid

(C) original and renewal applications $0.00

for categorical solid waste facilities

solely managing recycling or compost-

ing solid waste

(D) original and renewal $0.00

applications for cate-

gorical disposal facilities

(E) original and renewal $200.00 for facilities

applications for facilities, with an operational

certified pursuant to 10 V.S.A capacity less than

§§ 6605 and 6605b, that treat, 25,000 cubic yards;

store, or dispose of waste for facilities with

generated solely from mining, operational capacity

extraction, or mineral processing above 25,000 cubic

yards $0.95 per cubic

yard of operational

capacity. Maximum

annual payment,

$75,000.00.

(F) increase in tonnage, excluding $0.75 per ton of certified

recycling and composting facilities and operational capacity

categorical solid waste facilities pro-rated and paid on an

annual basis over the term

of certification.

(7) For public water supply and bottled water permits and approvals issued under chapter 56 of Title 10 and interim groundwater withdrawal permits and approvals issued under chapter 48 of Title 10:

(A) For public water supply construction permit applications: $275.00 per application plus $0.0055 per gallon of design capacity. Amendments $110.00 per application.

(B) For water treatment plant applications, except those applications submitted by a municipality as defined in 1 V.S.A. { 126 or a consolidated water district established under 24 V.S.A. { 3342: $0.003 per gallon of design capacity. Amendments $110.00 per application.

(C) For source permit applications:

(i) Community water systems: $615.00 per source.

(ii) Transient noncommunity: $250.00 per source.

(iii) Nontransient, noncommunity: $500.00 per source.

(iv) Amendments. $110.00 per application.

(D) For public water supplies and bottled water facilities, annually:

(i) Transient noncommunity: $45.00

(ii) Nontransient, noncommunity: $0.0294 per 1,000 gallons

of water produced annually or $70.00, whichever is greater.

(iii) Community: $0.0295 per 1,000 gallons

of water produced annually for fiscal

year 2005; $0.0325 per 1,000 gallons of

water produced annually for fiscal year

2006; and $0.0359 per 1,000 gallons of

water produced annually for fiscal year

2007 and thereafter.

(iv) Bottled water: $900.00 per permitted facility.

(E) Amendment to bottled water facility permit, $110.00 per application.

(F) For facilities permitted to withdraw groundwater pursuant to 10 V.S.A. § 1418: $1,500.00 annually per facility.

(G) In calculating flow-based fees under this subsection, the secretary will use metered production flows where available. When metered production flows are not available, the secretary shall estimate flows based on the standard design flows for new construction.

(H) The secretary shall bill public water supplies and bottled water companies for the required fee. Annual fees may be divided into semiannual or quarterly billings.

(8) For public water system operator certifications issued under 10 V.S.A. § 1674:

Class IA and IB $40.00 per initial certificate or renewal. Fee is

waived for operators who are permittees under

the transient noncommunity water system

general permit.

All Other Classes $70.00 per initial certificate or renewal.

(9)(A) For solid waste hauler permits issued under 10 V.S.A. { 6607a $35.00 per vehicle used, by the commercial hauler that is permitted, for transporting waste. This fee shall be submitted with the permit application and each year thereafter for the duration of the permit, at the time of the filing of the annual statement required by 10 V.S.A. { 6605f(m).

(B) For hazardous waste hauler permits issued under 10 V.S.A. { 6607a: $100.00 per vehicle used, by the commercial hauler that is permitted, for transporting waste. This fee shall be submitted with the permit application and each year thereafter for the duration of the permit, at the time of the filing of the annual statement required by 10 V.S.A. { 6605f(m).

(10) For management of lakes and ponds permits issued under chapter 11 of Title 29:

(A) Nonstructural erosion control: $155.00 per application.

(B) Structural erosion control: $250.00 per application

(C) All other encroachments: $300.00 per application plus one

percent of construction costs.

(11) For stream alteration permits issued under chapter 41 of Title 10: $225.00 per application.

(12) For dam permits issued under 10 V.S.A. chapter 43: 0.525 percent of construction costs, minimum fee of $200.00.

(13) For aquatic nuisance control permits issued under 10 V.S.A. § 1455:

(A) Projects in private waters, as that term is defined in 10 V.S.A. § 5210:

(i) Aquatic pesticide aqua- $50.00 per application.

shade, Copper compounds used

as algicides

(ii) All other pesticides $75.00 per application.

and chemicals

(iii) Bottom barriers, Pow- $35.00 per application.

ered mechanical devices

(iv) Structural controls, $75.00 per application.

Biological controls

(v) Approval under general permit $25.00 per approval.

(B) Projects in all other waters:

(i) All pesticides and other $500.00 per application.

chemicals

(ii) Bottom barriers $75.00 per application.

(iii) Powered mechanical $175.00 per application.

devices

(iv) Structural controls, $300.00 per application.

Biological controls

(v) Approval under general permit $50.00 per approval.

(14) For certification of sewage treatment plant operators issued under 10 V.S.A. chapter 47:

(A) original application $110.00

(B) renewal application $110.00

(15) For sludge or septage facility certifications issued under chapter 159 of Title 10:

(A) land application sites; facilities $950.00 per application.

that further reduce pathogens;

disposal facilities.

(B) all other types of facilities. $110.00 per application.

(16) For underground storage tank permits issued under 10 V.S.A. chapter 59:

$100.00 per tank per year.

(17) For hazardous waste treatment, storage, or disposal facility certifications issued under 10 V.S.A. chapter 159:

(A) original application $5,775.00

(B) annual operating fee:

(i) commercial facilities $2,000.00

(ii) captive facilities $1,100.00

(C) renewal application $0.00.

(18) For recycle or reuse exemptions issued under 10 V.S.A. §§ 6602(9) and 6603(1):

(A) initial determination of exemption $100.00

(B) administrative modifications $100.00

(C) all other modifications $50.00.

(19) For delistings of hazardous waste issued under 10 V.S.A. §§ 6602(4) and 6603(1):

$265.00 per application.

(20) For underground storage tank tester licenses issued under 10 V.S.A. § 1936:

(A) original application $50.00

(B) renewal application $50.00.

(21) For site technician certifications issued under 3 V.S.A. § 2827(f):

(A) Type A site technicians

(i) original application $100.00

(ii) renewal application $40.00 per year.

(B) Type B site technicians

(i) original application $40.00

(ii) renewal application $40.00 per year.

(22) For certificates of need issued under 10 V.S.A. § 6606a:

$7,500.00 per application.

(23) Notwithstanding all other subdivisions of this subsection, for administrative amendments of the listed permits, licenses, certifications, approvals, and exemptions, the secretary may charge less than the listed fees, provided that the amount charged is no less than $35.00 and is sufficient to cover the costs with processing the administrative amendment.

(24) [Repealed.]

(25) For hazardous waste generator registrations required by 10 V.S.A. § 6608(f).

(A) small quantity generators $100.00 per year.

(B) large quantity generators $500.00 per year.

(26) For individual conditional use determinations, for individual wetland permits, for general conditional use determinations issued under 10 V.S.A. § 1272, or for wetland authorizations issued under a general permit, an administrative processing fee assessed under subdivision (2) of this subsection (j) and an application fee of:

(A) $0.12 per square foot of proposed impact to Class I or II wetlands;

(B) $0.09 per square foot of proposed impact to Class I or II wetland buffers;

(C) maximum fee, for the conversion of Class II wetlands or wetland buffers to cropland use, $200.00 per application. For purposes of this subdivision, "cropland" means land that is used for the production of agricultural crops, including row crops, fibrous plants, pasture, fruit-bearing bushes, trees, or vines and the production of Christmas trees;

(D) minimum fee, $50.00 per application.

(27) For approvals of the operation of mineral prospecting equipment issued under 10 V.S.A. chapter 41:

(A) annual approval for a resident $25.00

(B) annual approval for a nonresident $50.00

(28) For approvals of the offset permits issued under section 1264a of Title 10:

(A) Individual offset permit $300.00

(B) General offset permit $100.00

(29) For salvage yards permitted under subchapter 10 of chapter 61 of Title 24:

(A) facilities that crush or shred $1,250.00 per facility.

junk motor vehicles.

(B) facilities that accept or $750.00 per facility.

dismantle junk motor vehicles.

(C) facilities that manage junk $350.00 per facility.

on site excluding junk motor vehicles.

(D) facilities the primary activity $300.00 per facility.

of which is handling total-loss vehicles from

insurance companies.

(k) Commencing with registration year 1993 and for each year thereafter, any person required to pay a fee to register an air contaminant source under 10 V.S.A. { 555(c) in addition shall pay fees for any emissions of the following types of hazardous air contaminants. The following fees shall not be assessed for emissions resulting from the combustion of any fuels, except solid waste, in fuel burning or manufacturing process equipment.

(1) Contaminants which cause short-term irritant effects -- $0.008 per pound of emissions;

(2) Contaminants which cause chronic systemic toxicity (low potency) -- $0.015 per pound of emissions;

(3) Contaminants which cause chronic systemic toxicity (high potency) -- $0.02 per pound of emissions;

(4) Contaminants known or suspected to cause cancer (low potency) -- $0.55 per pound of emissions;

(5) Contaminants known or suspected to cause cancer (high potency)- - $10.00 per pound of emissions.

( l ) Commencing with registration year 1993 and for each year thereafter, any person required to pay a fee to register an air contaminant source under 10 V.S.A. { 555(c) in addition shall pay the following fees for emissions of hazardous air contaminants resulting from the combustion of any of the following fuels in fuel burning or manufacturing process equipment.

(1) Coal-$0.43 per ton burned;

(2)(A) Wood-$0.103 per ton burned; or

(B) Wood burned with an operational electrostatic precipitator and NOx reduction technologies-$0.025 per ton burned;

(3) No. 6 grade fuel oil-$0.0005 per gallon burned;

(4) No. 4 grade fuel oil-$0.0004 per gallon burned;

(5) No. 2 grade fuel oil-$0.0002 per gallon burned;

(6) Liquid propane gas-$0.0002 per gallon burned;

(7) Natural gas-0.87 per million cubic feet burned.

(m)(1) Except as provided in subdivision (3) of this subsection, in addition to any other requirement or fee required for registration, on and after January 1, 1994, a motor vehicle registered under 23 V.S.A. chapter 7 shall be assessed an annual emission fee of $1.00 at time of first registration and annually thereafter.

(2) The department of motor vehicles shall collect the emission fee imposed in subdivision (1) of this subsection on an annual basis, consistent with the registration period. Notwithstanding 19 V.S.A. { 11, all funds collected shall be credited to the fund established under section 2805 of this title.

(3) The fee imposed under subdivision (1) of this subsection shall not apply to any electrically powered vehicle, trailer or government vehicle.

(4) The department of motor vehicles shall not issue a registration for any vehicle for which the emission fee required under this subsection has not been paid.

(n) Notwithstanding the provisions of 32 V.S.A. { 603, the secretary may provide environmental testing laboratory services and charge fees which shall be reasonably related to the cost of providing the services for state agencies. Fees collected under this subsection shall be credited to a special fund and shall be available to the agency to offset the cost of providing the services. (Added 1969, No. 246 (Adj. Sess.), { 4(b), (h), eff. June 1, 1970; amended 1971, No. 93, { 3, eff. April 22, 1971; 1971, No. 164 (Adj. Sess.), eff. March 21, 1972; 1975, No. 254 (Adj. Sess.), { 155; 1977, No. 78, { 1, eff. April 26, 1977; No. 106, { 2; 1979, No. 159 (Adj. Sess.), { 3; 1981, No. 222 (Adj. Sess.), { 2; 1983, No. 193 (Adj. Sess.), { 1, eff. April 27, 1984; 1985, No. 67, { 4; 1987, No. 76, §§ 1, 2, 18; 1987, No. 268 (Adj. Sess.), { 1, eff. June 21, 1988; 1989, No. 88, { 3; No. 98, { 4(a); 1989, No. 279 (Adj. Sess.), §§ 4, 8; 1991, No. 71, §§ 4, 4b; 1993, No. 48, §§ 1, 2, eff. June 1, 1993; No. 92, §§ 16, 17; 1993, No. 187 (Adj. Sess.), { 3, eff. Sept. 1, 1994; No. 221 (Adj. Sess.), { 4g; 1995, No. 48, { 1; 1995, No. 103 (Adj. Sess.), { 8; No. 141 (Adj. Sess.), { 9, eff. Apr. 30, 1996; 1997, No. 106 (Adj. Sess.), §§ 3, 4, eff. April 27, 1998; No. 155 (Adj. Sess.), { 32; 2001, No. 65, §§ 23, 24, 26; 2001, No. 133 (Adj. Sess.), { 2, eff. June 13, 2002; No. 143 (Adj. Sess.), §§ 52, 54, eff. June 21, 2002; 2003, No. 82 (Adj. Sess.), { 4; No. 140 (Adj. Sess.), { 5; No. 163 (Adj. Sess.), { 19; 2005, No. 15, { 1; No. 65, { 1; 2007, No. 76, §§ 30, 30a; 2007, No. 122 (Adj. Sess.), { 1; No. 153 (Adj. Sess.), { 3; No. 176 (Adj. Sess.), { 5, eff. May 28, 2008; 2009, No. 3, { 12a, eff. Sept. 1, 2009; 2009, No. 43, { 37, eff. May 27, 2009; 2009, No. 46, { 10b; 2009, No. 134 (Adj. Sess.), { 30.)