§ 48 -   3-48. [Merger of Department of Housing and Community Affairs and Department of Economic Development within the Agency of Commerce and Community Development]

TITLE 3ExecutiveAppendix Executive OrdersCHAPTER 3. EXECUTIVE

Executive Order No. 3-48. (No. 01-09) [Merger of Department of Housing and Community Affairs and Department of Economic Development within the Agency of Commerce and Community Development]

WHEREAS, the Governor, pursuant to 3 V.S.A. § 2001, may make such changes in the organization of the executive branch or in the assignment of functions among its units as he considers necessary for efficient administration; and

WHEREAS, it is desirable to reorganize the departments and divisions of government by better coordinating certain activities and improving the coordination and effectiveness of services to the public; and

WHEREAS, the Department of Economic Development and the Department of Housing and Community Affairs administer programs and provide services that share common policy interests and objectives; and

WHEREAS, the Department of Economic Development and the Department of Housing and Community Affairs have demonstrated effective collaboration as separate divisions within the Agency of Commerce and Community Development on a variety of issues serving Vermonters, municipalities and businesses throughout the state, including the pressing issue of providing and maintaining an adequate supply of housing for Vermont's workforce; and

WHEREAS, the related and intersecting areas of responsibility of the Department of Economic Development and the Department of Housing and Community Affairs provide a solid foundation on which to achieve meaningful efficiencies without compromising the quality or effectiveness of the services they have consistently provided.

NOW, THEREFORE, by virtue of the power vested in me by 3 V.S.A. Chapter 41 as Governor, I, James H. Douglas, do hereby create a Department of Economic, Housing, and Community Development by merging the Department of Economic Development and the Department of Housing and Community Affairs within the Agency of Commerce and Community Development. The Department of Economic, Housing, and Community Development shall be successor to and a continuation of the Department of Economic Development and the Department of Housing and Community Affairs.

1. All duties, responsibilities and authority, including all contracts and grant agreements, of the Department of Economic Development and the Department of Housing and Community Affairs, including its Division for Historic Preservation established in 22 V.S.A. Chapter 14, are hereby transferred to the Department of Economic, Housing and Community Development and shall continue in force and effect without any interruption in their functions.

2. The positions of Commissioner of Economic Development and Commissioner of Housing and Community Affairs are abolished and all the duties, responsibilities and authority of those Commissioners are hereby transferred to the Commissioner of the Department of Economic, Housing and Community Development.

3. All other authorized positions and equipment of the Department of Economic Development and the Department of Housing and Community Affairs are transferred to the Department of Economic, Housing and Community Development.

4. The rules of each of the former Departments in effect on the effective date of this Executive Order shall be the rules of the Department of Economic, Housing and Community Development, until amended or repealed.

5. All Boards, Commissions, and Councils of the former Departments shall be attached to the Department of Economic, Housing, and Community Development for administrative purposes including, but not be limited to: Vermont Community Development Board; Vermont Downtown Development Board; Scenery Preservation Council; Vermont Advisory Council on Historic Preservation; Vermont Commission on Native American Affairs; Council of Regional Commissions; Vermont Housing Council; Vermont Business Recruitment Partnership Advisory Committee; Vermont Economic Incentive Review Board; and Commission on the Future of Economic Development.

6. The Department of Economic, Housing, and Community Development shall administer all programs formerly administered by the Department of Economic Development and the Department of Housing and Community Affairs and its Division for Historic Preservation, including, but not limited to:

· Vermont Community Development Program (10 V.S.A. §§ 681 - 690a);

· Vermont Downtown Program (24 V.S.A. §§ 2790 - 2797 including Village Centers, Growth Centers, and New Town Centers);

· Historic Barns Preservation Grant Program (24 V.S.A. § 5603);

· HOME Program (42 U.S.C.A. Chapter 130, Subchapter II; 10 V.S.A. § 321(b));

· Certified Local Government Program (16 U.S.C. § 470a(c)(1));

· Employment Training Program (10 V.S.A. § 531);

· Vermont Employment Growth Initiative Program (32 V.S.A. § 5930b);

· Vermont Procurement Technical Assistance Center Program (3 V.S.A. §§ 2471a - 2471b); and

· Vermont World Trade Office and Vermont Global Trade Partnership (10 V.S.A. §§ 25 - 33).

7. The Department of Economic, Housing, and Community Development shall be headed by the Commissioner who shall be appointed by the Secretary with the approval of the Governor and who shall be the chief executive and administrative officer and head of the department and shall serve at the pleasure of the Secretary. The Commissioner of Economic, Housing, and Community Development may appoint the following exempt positions: a deputy commissioner of Economic Development, a deputy commissioner of Housing, and an executive assistant.

8. The Secretary of the Agency of Commerce and Community Development and the Commissioner of Economic, Housing, and Community Development together shall further study the effectiveness, priority and delivery of services and shall report to the governor by November 15, 2009, any further recommendation for restructuring and/or statutory changes.

This Executive Order shall take effect on July 1, 2009, unless disapproved by the General Assembly pursuant to 3 V.S.A. § 2002. This Executive Order shall be submitted to the General Assembly pursuant to 3 V.S.A. § 2002(b).

Dated January 13, 2009