2012 Vermont Statutes
Title 10 Conservation and Development
Chapter 43 DAMS
§ 1081 Jurisdiction of department and public service board

§ 1081. Jurisdiction of department and public service board

(a) Unless otherwise provided, the powers and duties authorized by this chapter shall be exercised by the department, except that the public service board shall exercise those powers and duties over dams and projects that relate to or are incident to the generation of electric energy for public use or as a part of a public utility system.

(b) Transfer of jurisdiction. Jurisdiction over a dam is transferred from the department to the public service board whenever the Federal Energy Regulatory Commission grants a license to generate electricity at the dam or whenever the public service board receives an application for a certificate of public good for electricity generation at that dam. Jurisdiction is transferred from the public service board to the department whenever such a federal license expires or is otherwise lost, whenever such a certificate of public good is revoked or otherwise lost, or whenever the public service board denies an application for a certificate of public good.

(c) Upon transfer of jurisdiction as set forth above and upon written request, the state agency having former jurisdiction shall transfer copies of all records pertaining to the dam to the agency acquiring jurisdiction. (Amended 1959, No. 203; 1959, No. 329 (Adj. Sess.), § 39, eff. March 1, 1961; 1961, No. 100, § 2; 1981, No. 242 (Adj. Sess.), § 2.)