§ 7011. Powers of the Authority

In addition to any powers conferred or implied elsewhere by this chapter:

(1) The members may meet as often as necessary to carry out the responsibilities of the Authority. Meetings shall be held at the call of the Chair or on written request to the Chair by two members. The Authority shall keep complete minutes of all its meetings and other proceedings and shall preserve its records of all kinds.

(2) As soon as practical after appointment, and at appropriate intervals thereafter, the Authority shall hold public hearings in various locations throughout the State to obtain the reaction of the general public to the way the Authority proposes to carry out its responsibilities.

(3) The Authority may appoint a Director to be the Chief Administrative Officer of the Authority. In addition to any other duties authorized by the Authority, the Director may:

(A) hire and supervise staff and negotiate and execute contracts as authorized by the authority and as necessary to fulfill its responsibilities;

(B) attend meetings of the Authority;

(C) ensure that the minutes and records of the Authority are properly maintained and preserved;

(D) approve all accounts of the Authority, including accounts for salaries, per diems, and allowable expenses of any employee or consultant thereof, and expenses incidental to the operation of the Authority;

(E) prepare an annual report of the actions of the Authority and prepare such other reports as the Authority may request; and

(F) perform such other duties as may be directed by the Authority in the carrying out of the purposes of this chapter.

(4) The Authority may:

(A) adopt and amend bylaws necessary to properly carry out this chapter;

(B) do all things necessary, convenient, or desirable to carry out the purposes of this chapter or the responsibilities imposed or necessarily implied in this chapter;

(C) acquire, construct, reconstruct, purchase, hold, maintain, repair, operate, lease as lessor or lessee, dispose of, and use any real or personal property or any interest in real or personal property necessary, convenient, or desirable to carry out the purpose of this chapter and to sell, transfer, and dispose of any property or interest in real or personal property at any time required by it in the exercise of its powers;

(D) prepare a siting plan for obtaining compliance with the federal Low-Level Radioactive Waste Policy Act;

(E) apply for, accept, receive, and administer gifts, grants, and other funds available from any source;

(F) enter into contracts and agreements with the federal government and its agencies, interstate agencies, local governmental entities, or private entities, as necessary, convenient, or desirable for the authority in the performance of its duties and the execution or carrying out of any of its powers under this chapter;

(G) make, conduct, request, and participate in studies, plans, surveys, investigations, and research relating to selection, preparation, construction, operation, maintenance, closure, and financing of a disposal facility;

(H) obtain necessary insurance;

(I) enforce all contracts and agreements as necessary, convenient, or desirable for the authority;

(J) distribute appropriate impact fees;

(K) set and collect the service fees, and otherwise administer the low-level radioactive waste, as required by section 7013 of this title;

(L) ensure that all waste is properly packaged before being placed in the disposal facility; and

(M) the Authority may refuse to accept at facilities established pursuant to this chapter any low-level radioactive waste from a generator who has failed to follow the reporting requirements established by the Agency under subsection 7020(a) of this title.

(5) The Authority may not prepare a draft license application for any site nor initiate characterization of any site other than the Vermont Yankee site, without legislative approval.

(6) The Authority may acquire real property, or any interest in it (including the right to perform site characterization or other investigatory activities) by eminent domain in accordance with the procedures of 24 V.S.A. §§ 3604 through 3610, except that:

(A) “Necessity” shall mean only a reasonable need that considers the greatest public good and the least inconvenience and expense to the condemning party and to the property owner; it shall not be measured merely by expense or convenience to the condemning party, but shall, nevertheless, consider the importance of carrying out the purposes of this chapter.

(B) When the right to do a site characterization or other investigatory activity is sought, the “survey” required by those sections need only be a legal description of the property plus a statement of the activities to be conducted.

(C) Nothing contained in those sections shall be construed to prevent the Authority from bringing any proceeding to remove a cloud on title or from acquiring any property by negotiation or purchase. (Added 1989, No. 296 (Adj. Sess.), § 3, eff. June 29, 1990; amended 2019, No. 131 (Adj. Sess.), § 40.)