Vermont H. 359: An act relating to allowing a town to regulate solar and wind generation if the town contributes to a fund to support renewable energy

Bill Text

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VT LEG #380564 v.1
H.359 1
Introduced by Representative Hooper of Burlington 2
Referred to Committee on 3
Date: 4
Subject: Executive; contracts; privatization contracts 5
Statement of purpose of bill as introduced: This bill proposes to amend the 6
requirements for the Executive Branch to enter into privatization contracts. 7
An act relating to privatization contracts 8
It is hereby enacted by the General Assembly of the State of Vermont: 9
Sec. 1. 3 V.S.A. § 341 is amended to read: 10
§ 341. DEFINITIONS 11
As used in this chapter: 12
* * * 13
(3) “Privatization contract” means a contract for services valued at 14
$25,000.00 or more per year, which: 15
(A) is the same or substantially similar to and in lieu of services 16
previously currently provided, in whole or in part, by permanent, classified 17
State employees, and which results in a reduction in force of at least one 18
permanent, classified employee, or the elimination of a vacant position of an 19
employee covered by a collective bargaining agreement; or 20

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(B) will substantially replace the duties of a vacant position in State 1
government. 2
* * * 3
Sec. 2. 3 V.S.A. § 342 is amended to read: 4
§ 342. CONTRACTING STANDARDS; CONTRACTS FOR SERVICES 5
Each contract for services valued at $25,000.00 or more per year shall 6
require certification by the Office of the Attorney General to the Secretary of 7
Administration that such contract for services is not contrary to the spirit and 8
intent of the classification plan and merit system and standards of this title. A 9
contract for services is contrary to the spirit and intent of the classification plan 10
and merit system and standards of this title, and shall not be certified by the 11
Office of the Attorney General as provided in this section, unless the 12
provisions of subdivisions (1), (2), and (3) of this section are met, or one or 13
more of the exceptions described in subdivision (4) of this section apply. 14
* * * 15
Sec. 3. 3 V.S.A. § 343 is amended to read: 16
§ 343. PRIVATIZATION CONTRACTS; PROCEDURE 17
(a) An agency shall not enter into a privatization contract, unless all of the 18
following are satisfied: 19
(1)(A) Thirty-five days prior to the beginning of any open bidding 20
process, the agency provides written notice to the collective bargaining 21

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representative of the intent to seek to enter a privatization contract. During 1
those 35 days, the collective bargaining representative shall have the 2
opportunity to discuss alternatives to contracting. Such alternatives may 3
include amendments to the contract if mutually agreed upon by the parties. 4
Notices regarding the bid opportunity may not be issued during the 35-day 5
discussion period. The continuation of discussions beyond the end of the 35-6
day period shall not delay the issuance of notices. 7
(B) During the 35-day period, the agency shall prepare a specific written 8
statement of the services proposed to be the subject of privatization contract, 9
including the specific quantity and standard or quality of the subject services. 10
For each position in which a bidder will employ any person pursuant to a 11
privatization contract and for which the duties are substantially similar to the 12
duties performed by a permanent, classified State employee, the statement 13
shall also include the prevailing wage rate to be paid for each position, which 14
shall not be less than the average step of the grade under which the comparable 15
State employee position is paid. This statement shall be provided to the 16
collective bargaining representative, the Agency of Administration, and be 17
posted to where it is viewable to the public. This statement shall be subject to 18
1 V.S.A. chapter 5, subchapter 3 (Public Records Act). 19
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(4) Every bid for a privatization contract shall include: 1
(A) the wage rate for each position, which shall not be less than the 2
prevailing wage rate contained in the statement described in subdivision (1)(B) 3
of this subsection (a); and 4
(B) whether health, dental, and vision insurance coverage is provided 5
to employees and, if applicable, the cost to employees for such coverage. 6
(5) The Agency and the Secretary of Administration shall each certify in 7
writing that: 8
(A) they have complied with all provisions of this section and with 9
all other applicable laws; 10
(B) the quality of the services to be provided by the designated bidder 11
is likely to satisfy the quality requirements of the statement prepared pursuant 12
to subdivision (1) of this subsection (a); 13
(C) the designated bidder and its supervisory employees, while in the 14
employ of the designated bidder, have no record of substantial or repeated 15
willful noncompliance with any relevant federal or