Vermont H 446: An act relating to access to health care in rural Vermont

Bill Text

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H.446 1
Introduced by Representative Durfee of Shaftsbury 2
Referred to Committee on 3
Date: 4
Subject: Municipal and county government; water works; sewer; 5
extraterritorial service; rates 6
Statement of purpose of bill as introduced: This bill proposes to (1) require 7
municipal corporations to establish water and sewer service rates based on the 8
actual cost of supplying those services; (2) require municipal corporations to 9
set equal rates for all users within the service area of the water or sewer utility; 10
and (3) establish an appeal process for ratepayers and property owners who are 11
aggrieved by a disproportionate water rate or sewer charge. 12
An act relating to requiring municipal corporations to set equalized water 13
and sewer rates throughout the service area 14
It is hereby enacted by the General Assembly of the State of Vermont: 15
Sec. 1. 24 V.S.A. § 3311 is amended to read: 16
§ 3311. RATES 17
(a) Such A municipal corporation may establish rates by meter service or 18
annual rents to be charged and paid at such the times, and in such the manner 19
as such the municipal corporation shall determine for the supply of water to the 20

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inhabitants of such the municipal corporation and others. From time to time, it 1
may alter, modify, increase, or diminish such the rates and extend them to any 2
description of property or use as such the municipal corporation may deem 3
proper. Such rates 4
(b) Rates or rents may be ordered to be paid in advance, and all necessary 5
orders and provision may be made and enforced by such the municipal 6
corporation, relating to the supply or stoppage of water, as it may deem 7
necessary to insure such ensure the advance payments. 8
(c) A municipal corporation shall set rates based on the actual cost of 9
supplying water to the ratepayer as determined under a utility basis of 10
ratemaking. The municipal corporation shall not set a rate that exceeds the 11
actual cost of supplying water to the inhabitants of the service area. 12
(d)(1) A ratepayer may appeal any rate set by a municipal corporation 13
pursuant to this section. Within 90 days after the date that the municipal 14
corporation has set the rate, the ratepayer may initiate the appeal by petitioning 15
the Public Utility Commission for review. 16
(2) The petition for review shall be signed by not less than five percent 17
of the ratepayers. For any petition to review the rates set for extraterritorial 18
ratepayers within the service area, under subsection (c) of this section, the 19
petition shall be signed by not less than five percent of the extraterritorial 20
ratepayers affected by the rate. 21

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(e) The Public Utility Commission shall hear any appeal pursuant to this 1
section de novo and shall affirm or amend the rates after reviewing the actual 2
cost of supplying water to the aggrieved ratepayers. The Public Utility 3
Commission may establish the effective date for the rates as the original 4
effective date that was proposed by the municipal corporation, may order 5
refunds or authorize a surcharge to recover lost revenues, and may authorize 6
recovery of reasonable expenses incurred by the prevailing party in the appeal 7
proceedings. 8
Sec. 2. 24 V.S.A. § 3616 is amended to read: 9
§ 3616. RENTS; RATES 10
* * * 11
(d)(1) Where Whenever one of the bases of a rent, rate, or charge is the 12
appraised value and the premises to be appraised are tax exempt, the board 13
may cause the listers to appraise the property, including State property, for the 14
purpose of determining the rates, rents, or charges. The right of appeal from 15
the appraisal shall be the same as provided in 32 V.S.A. chapter 131. The 16
Commissioner of Finance and Management is authorized to issue warrants for 17
rates, rents, or charges against State property and transmit to the State 18
Treasurer who shall draw a voucher in payment of the rates, rents, or charges. 19
No charge so established and no tax levied under the provisions of section 20
3615 of this title shall be considered to be a part of any tax authorized to be 21

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assessed by the legislative body of any municipality for general purposes but 1
shall be in addition to any such tax so authorized to be assessed. 2
(2) Whenever one of the bases of a charge is the appraised value of 3
property, the commissioners shall establish charges based on the actual cost of 4
sewer disposal as determined under a utility basis of ratemaking. The 5
municipal corporation shall not establish a charge that exceeds the actual cost 6
of supplying sewer disposal services to the inhabitants of the service area. 7
* * * 8
(g)(1) The owner of any property subject to charge established pursuant to 9
subdivision (b)(4) of this section may appeal