§ 205. Duties of agency generally

(a) The Agency shall have general supervision over aeronautics within this State.

(b) The Agency shall cooperate with and assist the federal government, the political subdivisions of this State, and others engaged in aeronautics or the promotion of aeronautics, and shall seek to coordinate the aeronautical activities of these bodies. The Agency shall represent the State in aeronautical matters before federal and state agencies. The Agency may participate as party plaintiff or defendant or as intervenor on behalf of the State or any municipality or citizen in any proceeding that involves the interest of the State in aeronautics.

(c) The Agency shall perform acts, issue and amend orders, adopt and amend reasonable general or special rules and procedure, and establish minimum standards, consistent with the provisions of this part, as the Agency shall deem necessary to carry out the provisions of this part.

(d) The Agency shall keep on file with the Secretary of State, and at its own principal office, a copy of all its rules for public inspection.

(e) Insofar as is reasonably possible, the Agency may make available the engineering or other technical services of the Agency, on terms as it deems reasonable, to any municipality desiring them in connection with the construction, maintenance, or operation or proposed construction, maintenance, or operation of an airport or restricted landing area.

(f) The Agency shall enforce and assist in the enforcement of this part, all rules issued pursuant to this part, and all other laws of this State relating to aeronautics. For enforcement purposes, police powers are conferred upon the Secretary and the officers and employees of the Agency as may be designated by the Secretary.

(g) The Secretary, or any officer or employee of the Agency designated by the Secretary, shall have the power to hold investigations, inquiries, and hearings concerning matters covered by the provisions of this chapter and orders or rules of the Agency, and concerning accidents in aeronautics within this State. The Secretary and his or her designees shall have the powers specified in section 32 of this title.

(h) The Agency may render assistance in the acquisition, development, operation, or maintenance of airports owned, controlled, or operated, or to be owned, controlled, or operated, by municipalities in this State, out of appropriations made by the General Assembly for that purpose.

(i)(1) The Agency shall prepare and keep up to date workable plans for the immediate handling of the following emergency type situations arising from aeronautics activities:

(A) locating aircraft believed lost and down within Vermont;

(B) locating, whether with respect to such aircraft or to aircraft believed lost and down outside the State, all occupants who are down within Vermont; and

(C) locating persons believed lost and down in Vermont through being separated from aircraft overflying Vermont.

(2) Workable plans shall mean plans of action for search and rescue that will mobilize all State agencies that can contribute in such emergencies, each agency’s contribution being what it has agreed upon in advance, the first objective being to save human life and render prompt aid to survivors.

(3) The Agency shall have operational control in the execution of workable plans of all air activities, but as to ground activities shall only have operational control over its own ordinary personnel.

(4) Notwithstanding subdivision (3) of this subsection, the Agency shall have the duty of sifting and coordinating all information pertaining to such emergency type situations arising from aeronautics activities.

(j) The Agency may contract with the private sector, through the competitive procurement process, for some or all maintenance at State airports. (Added 1985, No. 222 (Adj. Sess.), § 2; amended 1993, No. 172 (Adj. Sess.), § 3; 1997, No. 38, § 14b, eff. May 28, 1997; 2015, No. 23, § 68; 2021, No. 105 (Adj. Sess.), § 17, eff. July 1, 2022; 2023, No. 6, § 15, eff. July 1, 2023.)