§ 26a - Determination of rent to be charged for leasing or licensing state-owned property under the agency's jurisdiction
§ 26a. Determination of rent to be charged for leasing or licensing state-owned property under the agency's jurisdiction
(a) Except as otherwise provided by subsection (b) of this section, or as otherwise provided by law, leases or licenses negotiated by the agency under sections 204 and 3405 of Title 5 and section 26 of this title ordinarily shall require the payment of fair market value rent, as determined by the prevailing area market prices for comparable space or property. However, the agency may lease or license state-owned property under its jurisdiction for less than fair market value when the agency determines that the proposed occupancy or use serves a public purpose or that there exist other relevant factors, such as a prior course of dealing between the parties, that justify setting rent at less than fair market value.
(b) Unless otherwise required by federal law, the agency shall assess, collect, and deposit in the transportation fund a reasonable charge or payment with respect to leases or licenses for access to or use of state-owned rights-of-way by providers of broadband or wireless communications facilities or services. The Vermont telecommunications authority, established by chapter 91 of Title 30, may waive such charge or payment in whole or in part if the provider offers to provide comparable value to the state so as to meet the public good as determined by the authority. For the purposes of this section, the terms "comparable value to the state" shall be construed broadly to further the state's interest in ubiquitous broadband and wireless service availability at reasonable cost. Any waiver of charges or payments for comparable value to the state granted by the authority may not exceed five years. Thereafter, the authority may extend any waiver granted for an additional period not to exceed five years if the authority makes affirmative written findings demonstrating that the state has received and will continue to receive value that is comparable to the value to the provider of the waiver, or it may revise the terms of the waiver in order to do so. The authority, in consultation with the agency of transportation, shall adopt rules under chapter 25 of Title 3 to implement this section. For the purpose of establishing rules to implement chapter 91 of Title 30 by July 1, 2007, or as soon thereafter as possible, the authority is authorized to adopt initial rules under this section using emergency rulemaking procedures of chapter 25 of Title 3. Any emergency rules initially adopted may remain in effect longer than 120 days, but in no event shall they remain in effect for more than six months.
(c) Nothing in this section shall authorize the agency to impose a charge or payment for the use of a highway right-of-way which is not otherwise authorized or required by state or federal law.
(d) Nothing in this section shall be construed to impair any contractual rights existing on the effective date of this section. The state shall have no authority under this section to waive any sums due to a railroad. The state shall also not offer any grants or waivers of charges for any new broadband installations in segments of rail corridor where an operating railroad has installed or allowed installation of fiber optic facilities prior to the effective date of this act unless the state offers equivalent terms and conditions to the owner or owners of existing fiber optic facilities. (Added 1997, No. 150 (Adj. Sess.), § 20; amended 2007, No. 79, § 10, eff. June 9, 2007.)