2014 Vermont Statutes
Title 3 - Executive
Chapter 51 - NATURAL RESOURCES
Subchapter 2: SECRETARY
§ 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.
(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 ensure the stability or reliability of the electric system or a natural gas facility, regardless of any provision in Title 10 or 29 V.S.A. chapter 11. 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 alter 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 General Assembly by electronic submission. 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; certify that the revenue from the fees collected is at least equal to the costs associated with those positions; and discuss the operation of the Agency during the preceding fiscal year and the future goals and objectives of the Agency. 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. This report is in addition to the fee report and request required by 32 V.S.A. chapter 7, subchapter 6.
(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 10 V.S.A. chapter 23:
(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 $ 15,000.00
(bb) Nonmajor stationary source $ 2,000.00
(II) Amendments
Change in business name, division name
or plant name; mailing address; or
company stack designation; or other
administrative amendments $ 150.00
(ii) Supplementary fee schedule for nonmajor
stationary sources
(I) Engineering review $ 2,000.00
(II) Air quality impact analysis
Review refined modeling $ 2,000.00
(III) Observe and review source emission
testing $ 2,000.00
(IV) Audit performance of continuous emis-
sions monitors $ 2,000.00
(V) Audit performance of ambient air
monitoring $ 2,000.00
(VI) Implement public comment require-
(I) ment $ 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: $0.0335 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, provided that a plant producing renewable energy as defined in 30 V.S.A. § 8002 shall pay an annual fee not exceeding $64,000.00:
Base registration fee $1,500.00; and $0.0335 per pound of emissions of any of these contaminants.
(2) For discharge permits issued under 10 V.S.A. chapter 47 and orders issued under 10 V.S.A. § 1272, an administrative processing fee of $120.00 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) and (V) of this subsection:
(A) Application review fee.
(i) Municipal, industrial, noncon-
tact 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 minor $0.00
amendment of individual permit.
(III) General permit. $0.00
(ii) Pretreatment discharges.
(I) Individual permit: original $0.12 per gallon design
application; amendment for flow; minimum $50.00 per
increased flows; amendment outfall.
for change in treatment process.
(II) Renewal, transfer or minor $0.00
amendment of individual permit.
(iii) Stormwater discharges.
(I) Individual operating permit $430.00 per acre
or application to operate impervious area;
under general operating minimum $220.00
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 $1,400.00 per acre
or application to operate impervious area; mini-
under general operating mum $1,400.00 per
permit for collected application.
stormwater runoff which is dis-
charged to Class A waters; original
application; amendment for
increased flows; amend ment
for change in treatment process.
(III) Individual permit or application
to operate under general permit
for construction activities; orig-
inal application; amendment
for increased acreage.
(aa) Projects with low risk $50.00 per project;
to waters of the state. original application.
(bb) Projects with moderate $360.00 per project
risk to waters project original application.
of the state.
(cc) Projects that re- $720.00 per project
quire an individual per- original application.
mit.
(IV) Individual permit or $220.00 per
application to operate facility.
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 $1,200.00 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) Individual operating permit or application to operate under a general permit for a residually designated stormwater discharge original application; amendment; for increased flows amendment; for change in treatment process.
(aa) For discharges to Class B water; $430.00 per acre of impervious area, minimum $220.00.
(bb) For discharges to Class A water; $1,400.00 per acre of impervious area, minimum $1,400.00.
(VII) Renewal, transfer, or $0.00
minor amendment of
individual permit or
approval under general
permit.
(iv) Indirect discharge or underground 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: $0.06 per gallon design
original application; capacity; minimum
amendment for increased $400.00 per application.
flows; 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
thermal discharges. minimum; maximum
$210,000.00.
(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 $80.00 per acre
or approval under general impervious area;
operating permit for $80.00 minimum.
collected stormwater runoff
which is discharged to
Class B waters.
(III) Individual permit or $80.00 per facility.
approval under general
permit for stormwater
runoff from industrial
facilities with speci-
fied SIC codes.
(IV) Individual permit or $80.00 per system.
application to operate
under general permit for
stormwater runoff associ-
ated with municipal separate
storm sewer systems.
(V) Individual permit or approval under general permit for residually designated stormwater discharges.
(aa) For discharges to Class A water; $255.00 per acre of impervious area, minimum $255.00.
(bb) For discharges to Class B water; $80.00 per acre of impervious area, minimum $80.00.
(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.
(I) Nonsewage
(aa) Individual permit $0.013 per gallon of design capacity. $250.00 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. Projects under this subdivision include: a wastewater system, including a sewerage connection; and a potable water supply, including a connection to a public water supply:
(A) Original applications, or major amendments for a project with the following proposed design flows. In calculating the fee, the highest proposed design flow whether wastewater or water shall be used:
(i) design flows 560 gpd or less: $245.00 per application.
(ii) design flows greater than 560 and less than or equal to 2,000 gpd: $580.00 per application.
(iii) design flows greater than 2,000 and less than or equal to 6,500 gpd: $2,000.00 per application.
(iv) design flows greater than 6,500 and less than or equal to 10,000 gpd: $5,000.00 per application.
(v) design flows greater than 10,000 gpd: $9,500.00 per application.
(B) Minor amendments. $100.00.
(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
connection by an existing
building or structure
to a municipal water
or wastewater system at
the time is first con-
structed where there is
no increase in design
flow and where the con-
nection and system has
been reviewed and ap-
proved by the facilities
engineering division of
the agency or has been
reviewed, approved, and
certified by a licensed
designer retained by
the municipality.
(iv)(I) Minor projects: $180.00.
(II) As used in this subdivision (j)(4)(C)(iv), "minor project" means a project that meets the following: there is an increase in design flow but no construction is required; there is no increase in design flow, but construction is required, excluding replacement potable water supplies and wastewater systems; or there is no increase in design flow and no construction is required, excluding applications that contain designs that require technical review.
(D) Notwithstanding the other provisions of this subdivision, 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:
$140.00 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
facilities and categorical annual basis over the term
solid waste facilities of certification.
(B) original and renewal $100.00
applications for recycling
and composting facilities,
excluding categorical solid-
waste facilities that solely
manage recycling or composting
solid waste
(C) original and renewal applications $0.00
for categorical solid waste facilities
solely managing recycling
or composting solid waste
(D) original and renewal $100.00.
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 prorated and paid on an
annual basis over the term
of certification.
(G) insignificant waste management $100.00 per event.
(7) For public water supply and bottled water permits and approvals issued under 10 V.S.A. chapter 56 and interim groundwater withdrawal permits and approvals issued under 10 V.S.A. chapter 48:
(A) For public water supply construction permit applications: $375.00 per application plus $0.0055 per gallon of design capacity. Amendments $150.00 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 $150.00 per application.
(C) For source permit applications:
(i) Community water systems: $945.00 per source.
(ii) Transient noncommunity: $385.00 per source.
(iii) Nontransient, noncommunity: $770.00 per source.
(iv) Amendments. $150.00 per application.
(D) For public water supplies and bottled water facilities, annually:
(i) Transient noncommunity: $50.00
(ii) Nontransient, noncommunity: $0.0355 per 1,000 gallons
of water produced annu-
ally or $70.00, whichever is greater.
(iii) Community: $0.0439 per 1,000 gallons
of water produced annually.
(iv) Bottled water: $1,390.00 per permitted
facility.
(E) Amendment to bottled water facility permit, $150.00 per application.
(F) For facilities permitted to withdraw groundwater pursuant to 10 V.S.A. § 1418:
$2,300.00 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:
(A) For class IA and IB operators: $45.00 per initial certificate or
renewal. Operators who are also
permittees under the transient
noncommunity water system
general permit are not subject to
this fee.
(B) For all other classes: $80.00 per initial certificate
or renewal.
(9)(A) For a solid waste hauler: an annual operating fee of $50.00 per vehicle.
(B) For a hazardous waste hauler: an annual operating fee of $125.00 per vehicle.
(10) For management of lakes and ponds permits issued under 29 V.S.A. chapter 11:
(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 10 V.S.A. chapter 41: $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 10 V.S.A. chapter 159:
(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: $125.00 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 class A and B designer licenses issued under 10 V.S.A. § 1975:
(A) Class A:
(i) original application $150.00
(ii) renewal application $50.00 per year.
(iii) provisional license $50.00.
(B) Class B:
(i) original application $75.00
(ii) renewal application $50.00 per year.
(iii) provisional license $50.00.
(C) Renewal late fee. The following fees shall be charged in addition to the renewal fees established in subdivisions (A) and (B) of this subdivision (21):
(i) application received within 30 days after expiration of license:
$25.00.
(ii) application received 31 days or later after expiration of license:
$50.00.
(iii) application received two years or more after expiration of license shall be considered a new application for the designer license.
(D) Potable water supply exam fee: $50.00.
(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 $125.00 per year.
(B) large quantity generators $600.00 per year.
(C) conditionally exempt generators $75.00 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) $0.75 per square foot of proposed impact to Class I or II wetlands;
(B) $0.25 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) $0.25 per square foot of proposed impact to Class I or II wetlands or Class I or II wetland buffer for utility line, pipeline, and ski trail projects when the proposed impact is limited to clearing forested wetlands in a corridor and maintaining a cleared condition in that corridor for the project life;
(E) 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 10 V.S.A. § 1264a:
(A) Individual offset permit $300.00
(B) General offset permit $100.00
(29) For salvage yards permitted under 24 V.S.A chapter 61, subchapter 10:
(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.
(30) For review of a project requiring water quality certification under Section 401 of the Clean Water Act: one percent of project costs; minimum fee $200.00; maximum fee $20,000.00. For an application seeking review of multiple projects under this subdivision, the fee shall apply to each project.
(31) For continuing review of plans required by 10 V.S.A. § 6673: $15,000.00.
(32) For projects taking place in a protected shoreland area that require:
(A) a registration under 10 V.S.A. § 1446: $100.00.
(B) a permit under 10 V.S.A. §§ 1443, 1444, and 1445: $125.00 plus $0.50 per square foot of impervious surface.
(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 - $0.012 per pound of emissions;
(2) Contaminants which cause chronic systemic toxicity (low potency)- $0.0225 per pound of emissions;
(3) Contaminants which cause chronic systemic toxicity (high potency) - $0.03 per pound of emissions;
(4) Contaminants known or suspected to cause cancer (low potency) - $0.825 per pound of emissions;
(5) Contaminants known or suspected to cause cancer (high potency) - $15.00 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 - $0.645 per ton burned;
(2)(A) Wood - $0.155 per ton burned; or
(B) Wood burned with an operational electrostatic precipitator and NOx reduction technologies - $0.0375 per ton burned;
(3) No. 6 grade fuel oil - $0.00075 per gallon burned;
(4) No. 4 grade fuel oil - $0.0006 per gallon burned;
(5) No. 2 grade fuel oil - $0.0003 per gallon burned;
(6) Liquid propane gas - $0.0003 per gallon burned;
(7) Natural gas - $1.305 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; 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; 1989, 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; 1993, No. 92, §§ 16, 17; 1993, No. 187 (Adj. Sess.), § 3, eff. Sept. 1, 1994; 1993, No. 221 (Adj. Sess.), § 4g; 1995, No. 48, § 1; 1995, No. 103 (Adj. Sess.), § 8; 1995, No. 141 (Adj. Sess.), § 9, eff. Apr. 30, 1996; 1997, No. 106 (Adj. Sess.), §§ 3, 4, eff. April 27, 1998; 1997, No. 155 (Adj. Sess.), § 32; 2001, No. 65, §§ 23, 24, 26; 2001, No. 133 (Adj. Sess.), § 2, eff. June 13, 2002; 2001, No. 143 (Adj. Sess.), §§ 52, 54, eff. June 21, 2002; 2003, No. 82 (Adj. Sess.), § 4; 2003, No. 140 (Adj. Sess.), § 5; 2003, No. 163 (Adj. Sess.), § 19; 2005, No. 15, § 1; 2005, No. 65, § 1; 2007, No. 76, §§ 30, 30a; 2007, No. 122 (Adj. Sess.), § 1; 2007, No. 153 (Adj. Sess.), § 3; 2007, 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; 2011, No. 139 (Adj. Sess.), § 4, eff. May 14, 2012; 2011, No. 161 (Adj. Sess.), § 1; 2013, No. 58, § 2, eff. June 3, 2013; 2013, No. 59, § 10; 2013, No. 172 (Adj. Sess.), § 6.)
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