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The Vermont Statutes Online



Title

11

:
Corporations, Partnerships and Associations






Chapter

016

:
BUSINESS RAPID RESPONSE TO DECLARED STATE DISASTERS











 

§

1701. Definitions

In this chapter:

(1)

"Critical infrastructure" means property and equipment owned or used

by communications networks and electric generation, transmission, and

distribution systems.

(2)(A)

"Declared State disaster or emergency" means:

(i) a disaster

or emergency event for which a Governor's state of emergency proclamation has

been issued;

(ii) a disaster

or emergency event for which a Presidential declaration of a federal major

disaster or emergency has been issued; or

(iii) a disaster

or emergency event within the State for which a good faith response effort is

required, and for which the Commissioner of Public Service is given

notification from the registered business and the Commissioner, in consultation

with the Director of Emergency Management, Department of Public Safety,

designates the event as a disaster or emergency, thereby invoking the

provisions of this chapter.

(B)

"Declared State disaster or emergency" does not include an emergency

or situation arising solely from a labor dispute.

(3)

"Disaster response period" means a period that begins ten days prior

to the first day of the Governor's proclamation, the President's declaration,

or designation by another authorized official of the State as set forth in this

chapter, whichever occurs first, and that extends 60 calendar days after the

declared State disaster or emergency.

(4)

"Disaster- or emergency-related work" means repairing, renovating,

installing, building, rendering services, or other nonretail business

activities in areas of the State affected by the declared State disaster or

emergency that relate to critical infrastructure that has been damaged,

impaired, or destroyed by the declared State disaster or emergency.

(5) "Mutual

Assistance Agreement" means an agreement to which one or more registered

businesses and one or more out-of-state businesses are party and pursuant to

which an electric or telephone utility may request and receive assistance from

an out-of-state business for performance of disaster- or emergency-related work

by the out-of-state business during the disaster response period.

(6)(A)

"Out-of-state business" means a business entity that, except for

disaster- or emergency-related work, has no presence in the State and conducts

no business in the State whose services are requested pursuant to a Mutual

Assistance Agreement by a registered business or by a State or local government

for purposes of performing disaster- or emergency-related work on critical

infrastructure in the State.

(B)

"Out-of-state business" also includes a business entity that is

affiliated with a registered business in the State solely through common

ownership.

(C) An

out-of-state business has no registrations or tax filings or nexus in the State

other than disaster- or emergency-related work during the tax year immediately

preceding the declared State disaster or emergency.

(7)

"Out-of-state employee" means an employee who does not work in the

State, except for disaster- or emergency-related work during the disaster

response period.

(8) "Registered

business in the State" or "registered business" means a business

entity that is currently registered with the Secretary of State to do business

in the State prior to the declared State disaster or emergency. (Added 2015,

No. 51, § A.1., eff. June 3, 2015.)