ACTS OF THE 1995-1996 VERMONT LEGISLATURE

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NO. 62. AN ACT RELATING TO CAPITAL APPROPRIATIONS AND STATE BONDING.

(H.350)

It is hereby enacted by the General Assembly of the State of Vermont:

* * * Appropriations * * *

Sec. 1. STATE BUILDINGS

The sum of $11,885,500 is appropriated to the department of state buildings for:

(a) Activity within the Capitol Complex:

(1) State House, completion of tunnels, complete restoration

of first floor rooms, and completion of a State House wiring plan for

audio, video, computers, House signal bells and security: $ 1,600,000.

(2) Capitol Complex, other state property, and downtown

Montpelier, Capitol City Joint Commission, master plan preparation,

as provided by chapter 8 of Title 29: $ 40,000.

(3) 133 State Street, offices of the state treasurer,

demolition of existing walls, radiator covers, extension of

existing walls, new ceilings and clip existing lights to new

ceiling grid, reimbursement for renovating finance management

space and reception space. No furniture shall be purchased: $ 32,500.

(b) Activities at various locations:

(1) Barre, McFarland House, state office building, renovations: $ 60,000.

(2) Brattleboro, state office building, mechanical systems: $ 50,000.

(3) Montpelier, Redstone offices of Secretary of State, roof repairs: $ $75,000.

(4) Newport, state office building, planning, design, site

acquisition, demolition, and construction: $ 3,000,000.

(5) Pittsford, Vermont Criminal Justice Training Council,

Vermont Fire Service Training Council, renovations and fit-up: $ 50,000.

(6) Rutland, "Asa Bloomer" state office building, fit-up: $ 50,000.

(7) Springfield, state office building, planning, design and

construction: $ 3,300,000.

(8) Springfield, Massachuetts, Eastern States Exhibition,

Vermont building, for renovations to the electrical and ventilation

systems: $ 48,000.

(1) Architectural barrier removal: $ 900,000.

(2) Contingency fund. Of the total amount authorized by this

appropriation, $112,000 shall not be used until the state treasurer has

accepted anticipated receipts in this or a greater amount as provided by

Sec. 23(a) of this act: $ 350,000.

(3) Emergency asbestos removal: $ 50,000.

(4) Energy conservation: $ 50,000.

(5) Engineering staff costs: $ 880,000.

(6) Major maintenance: $ 1,300,000.

(7) Planning: $ 50,000.

(d) The commissioner of state buildings shall develop in conjunction with the town of Pittsford, the Vermont Criminal Justice Training Council (VCJTC), and the Vermont Fire Service Training Council (VFSTC), plans for roadway paving, a defensive driver training area, a cold storage building so vehicle extrication could take place inside as well as other storage, and a dirty classroom building on the grounds of the Vermont police academy and fire service training facility, in Pittsford. The commissioner shall report his recommendations to the senate and house institutions committees by January 15, 1996.

(e) The department of state buildings, with input from the Town of Duxbury, shall study feasible alternative uses for the Duxbury state farm property, including an appraisal to determine its fair market value as a whole or in a combination of subdivided parcels. In conducting its study, the department shall consider the expected value, use and access of any remaining parcels in the event one or more parcels are sold, transferred or conveyed. Any proposed sale to the Town of Duxbury shall include a proposed masterplan acceptable to the town planning and zoning entities as to available and allowable uses for any remaining parcels. The department shall report the results of its studies and a preliminary master plan for the parcel to the House and Senate Institutions Committees no later than July 15, 1995. Notwithstanding Act No. 97 of the Acts of 1989, as amended by Act No. 133 of the Acts of 1991, as it pertains to the 40 acre parcel associated with the farm barn, nothing in this study of alternative uses of the Duxbury state farm property shall preclude use of the 40 acre portion of this parcel referenced by Act No. 97 of the Acts of 1989 from consideration for acquisition and use as a school site by Union School District No. 45.

(f) The commissioner of state buildings, with the approval of the secretary of administration, is authorized to retain the income from all sources related to the Emory Hebard State Office Building and Waterfront Improvement Project in the City of Newport, including but not limited to: the lease of commercial space in any building purchased by the state as part of the project, sale of any building, or the salvage of any building demolished as part of the project and sale of any real estate which is purchased as part of the project, but is subsequently determined by the commissioner to be surplus and unnecessary to the Emory Hebard State Office Building and Waterfront Improvement Project. Notwithstanding the provisions of section 160 of Title 29, all income generated from the property acquired for this project shall be retained by the commissioner for use on the Emory Hebard State Office Building and Waterfront Improvement Project, with the approval of the secretary of administration, and reported to the Senate and House Institutions Committees on January 15, 1996, July 1, 1996 and January 1, 1997.

(Total Appropriation -- Section 1 $ 11,885,500)

Sec. 2. INFORMATION TECHNOLOGY; EXECUTIVE BRANCH; JOINT

INFORMATION TECHNOLOGY OVERSIGHT COMMITTEE

(a) Department of taxes. The sum of $250,000 is appropriated to the agency of administration for the department of taxes digital orthophotographic mapping system. The commissioner of taxes shall determine which municipalities may wishorthophotographic mapping at the scale of 1:1250 in addition to the scale of 1:5000, and for those municipalities conduct flights necessary to provide maps at the 1:1250 scale. The commissioner shall charge any municipalities requesting this service for the incremental cost of additional flights and of map preparation at the scale of 1:1250. The department may charge only the actual cost of duplication of the electronic data files, exclusive of labor costs. The secretary of administration jointly with the auditor of accounts shall study whether the department of taxes should copyright the digital orthophotographic data files, and shall report their findings and recommendations to the senate and house government operations and institutions committees by January 15, 1996.

(b) Distance learning; satellite video. The sum of $212,000 is appropriated to the secretary of administration for satellite video receiving equipment to the maximum number of high schools, as funds permit, which do not have satellite video technology now available. The equipment shall be capable of receiving transmissions from the maximum number of satellite educational services. No expenditure shall be made from this appropriation for any uplink equipment or programming services. The JITOC shall review and the joint fiscal committee shall approve all proposed expenditures of this appropriation after reviewing a plan for the distribution of grants to schools prepared by the chief information officer in collaboration with the Vermont school superintendents' association and representatives of the University of Vermont and the Vermont State Colleges.

(c) Department of taxes; revenue collection and administration. The commissioner of taxes and the secretary of administration shall oversee the phased design of a proposed computerized revenue collection and administration system which incorporates the revenue needs of some or all entities of the executive and judicial branches of state government, as recommended by the Vermont Information Strategy Plan and detailed in the Revenue Collection Plan of April, 1994, and as updated, prepared by the judiciary, department of motor vehicles, office of child support and department of taxes. Thecommissioner and the secretary shall present for JITOC approval the proposed plan for systems implementation, which shall include a detailed project schedule, life cycle cost analysis, cost benefit analysis, anticipated expenditures, and performance measures. Notwithstanding the capital appropriation authorized by Sec. 12(a)(3) of Act No. 233 of the Acts of 1993 (Adjourned Session), the commissioner and the secretary are authorized to use funds appropriated to design a computerized revenue collection and administration system, as conditioned by this subsection, and upon the review of the JITOC and approval by the joint fiscal committee of any expenditures.

(d) Agency of Human Services. The sum of $300,000 is appropriated to the agency of administration for the agency of human services; enterprise wide information management system. Before the agency of human services makes any additional expenditures from the funds appropriation by Sec. 12(a)(4) of Act No. 233 of the Acts of 1993 (Adjourned Session), and before the agency proceeds with the implementation of a new computerized, comprehensive enterprise wide information management system, the secretary of human services shall:

(1) In cooperation with the secretary of administration, pursuant to section 2222(9) of Title 3, complete and submit to the JITOC estimates of past and ongoing costs expected to be incurred by the development of the new system during the expected lifespan of the system.

(2) Present by September 1, 1995 to the JITOC for review and recommendation a proposed rule to protect the confidentiality of agency client records to be managed by the new system. The proposed rule shall include a provision prohibiting the dissemination of confidential information to out-of-state entities, unless specifically authorized by state statute, for purposes not directly related to providing client services. Once reviewed by the JITOC, the secretary shall take into consideration the recommendations of the JITOC and promptly commence the process of having a proposed rule adopted pursuant to the requirements of chapter 25 of Title 3.

(3) Proceed with planning of a new system utilizing open architecture providing abroad range of alternatives for information technology solutions which may result in competitive bidding and cost savings, and present the results of this activity to the JITOC.

(4) Fully explore the possibility of purchasing or developing a simple, common client data base which interfaces with legacy client data bases now maintained, and as identified, and enhanced, in the Client Service Information Strategy Plan and subsequent detailed project plans prepared by the agency of human services.

(e) State attorneys information system. The sum of $120,000 is appropriated to the agency of administration for use by state's attorneys offices, including the executive director's office, for computer hardware, software and system design.

(f) The Vermont Criminal Justice Training Council and the Vermont Fire Service Training Council shall jointly plan for, purchase, and maintain all new computers at the Pittsford facility, unless the chief information officer finds this arrangement infeasible.

(Total Appropriation --Section 2 $ 882,000)

Sec. 2a. INFORMATION TECHNOLOGY; DISTANCE LEARNING

(a) Purpose. It is the intent of the legislature that all Vermonters have the opportunity to take advantage of modern computer based communications technology, and that students in particular be exposed to this technology, and taught its uses, in their local public schools. The purpose of this section is to take a first step toward realizing this broad intent, by encouraging local elementary and high schools to design a distance learning curriculum which provides access to telecommunications services, thereby linking students to the world in which they live.

(b) Appropriation. The sum of $978,000 is appropriated to the agency of administration for the purpose of this section, which shall include:

(1) Equipment purchased in direct support of the department of libraries and the regional libraries for conversion of the Vermont Automated Library System (VALS) to the state network called "GOVnet".

(2) Equipment purchased in direct support of connecting schools directly to GOVnet.

(3) Equipment purchased to direct support of providing dial-up access to GOVnet with a local phone call and no toll charges for use by schools and public users of the department of libraries. Equipment will be placed in all calling areas not currently served by local dial access to GOVnet.

(1) The state through its existing contract, or through the negotiation of new contracts regarding the expansion of GOVnet, shall minimize barriers to open competition for the provision of transmission services.

(2) The GOVnet expansion provided by this section shall be implemented in such a manner as to provide remote access by the general public to a full range of services via a local telephone call as provided through VALS.

(3) The secretary of administration shall direct the chief information officer as follows:

(A) to ensure that capital funds will be expended exclusively for equipment;

(B) to proceed immediately to accommodate the maximum number of schools by the fall of 1995. A plan for determining the order in which schools will be served will be jointly determined by a representative from the Vermont Educational Telecommunications Council (VETC), a representative from the Vermont Institute for Science, Math, and Technology (VISMT), a representative from the Superintendent's Association, and the chief information officer; and

(C) to proceed, concurrently with the activities described above, to prepare a report which will be presented to the legislature by January 1 of 1996. This report will be an analysis of service providers who have proposed statewide alternatives to the network services offered via GOVnet. Full cost analysis of proposals will be included in the report.

(d) Vermont lottery commission. The chief information officer (CIO) and the executive director of the Vermont lottery commission (VLC) shall determine whether the VLC should become part of the existing GOVnet or whether the VLC network can beused by other government entities and schools. The results of the study shall be reported to the JITOC by December 1, 1995, or a later date as jointly agreed to by the CIO and the JITOC.

(Total Appropriation -- Section 2a $ 978,000)

Sec 2b. INFORMATION TECHNOLOGY; LEGISLATURE

(a) The sum of $10,000 is appropriated to the legislature to equip the State House legislative computer system to enable members of the general assembly to obtain on-line, remote access to the system.

(b) On-line, remote access by the general public to legislative documents shall be available only through the Vermont automated libraries system (VALS) until the adjournment of the 1995 adjourned session. For this purpose, "legislative documents" means: house and senate bills, resolutions, calendars, and journals; prepared schedules or agendas of standing and joint committees, the legislative council, and interim study committees; committee meeting testimony if transcribed; and minutes of the joint rules committee and the administrative rules committee.

(c) Notwithstanding the provisions of subsection (b) of this section, the Joint Information Technology Oversight Committee (JITOC) is authorized to pursue participation in a pilot project conducted by the National Conference of State Legislatures to develop an effective means for state legislatures to avail legislative records to the public via the internet. For this purpose, the JITOC may develop other means than the use of VALS to provide remote access to legislative documents.

(d) The Joint Information Technology Oversight Committee is authorized to meet up to ten times during the 1995 interim to fulfill the requirements of this section, plus the additional duties assigned the committee by chapter 18 of Title 2. Any meeting of the committee beyond a sixth meeting shall be approved by the president pro tempore of the senate and the speaker of the house. Committee members shall be entitled to compensation and reimbursement pursuant to section 406 of Title 2.

(Total Appropriation -- Section 2b $ 10,000)

Sec. 3. HUMAN SERVICES

(a) The sum of $320,000 is appropriated to the department of state buildings for the agency of human services for correctional facilities:

(1) St. Johnsbury, Caledonia Community Work Camp, lightning

suppression system: $ 35,000.

(2) Various facilities, security and program enhancements: $ 100,000.

(3) Northwest State Correctional Facility,supplemental

funding for the reconstruction of D-wing for use as a psychiatric unit: $ 185,000.

(b) Close custody in D-wing of an inmate with a severe and persistent mental health condition shall occur only upon the specific, advance approval of a psychologist, psychiatrist or other mental health professional who has reviewed the inmate's case history and supports close custody in D-wing for a specific period of time. The mental health professional shall in writing set forth the reasons in support of close custody.

(c) The commissioner of state buildings shall study the feasibility of moving at the time the state's lease expires on June 30, 1997 the department of probation and parole from its downtown Burlington location to the state office building in Williston, as well as the district office of the department of labor and industry, and shall report study findings and recommendations, designs and plans to the senate and house institutions committees by January 15, 1996, together with a proposed appropriation therefor.

(d) The department of motor vehicles in the development of its computerized revenue collection and administration system shall ensure that Social Security numbers are not disclosed or made available to any person, except to the commissioner of taxes, the office of child support, and to other parties authorized by rule pursuant to chapter 25 of Title 3. The department shall review its need for Social Security numbers of persons on its system together with alternatives and report its findings to the senate and house transportation and institutions committees and the joint information technology oversight committee no later than September 15, 1995.

(Total Appropriation -- Section 3 $ 320,000)

Sec. 4. JUDICIARY

The sum of $511,000 is appropriated to the department of state buildings for the judiciary for:

(1) Middlebury, "Judge Frank G. Mahady" courthouse, for use

by county and state court functions, signage, telephone and computer

cabling, parking, lighting, sidewalk improvements and contingency: $ 125,000.

(2) St. Johnsbury, Caledonia court expansion, land acquisition,

and begin final engineering and design: $ 386,000.

(3) Rutland, Rutland district and family court expansion,

including probation and parole office space: $ 25,000.

(Total Appropriation -- Section 4 $ 511,000)

Sec. 5. DEVELOPMENT AND COMMUNITY AFFAIRS

(a) The sum of $750,000 is appropriated to the department of state buildings for the agency of development and community affairs for:

(1) Orwell, Mount Independence Revolutionary War site, visitors

center, construction and fit-up. Use of sewage holding and pumpout

tanks is authorized to dispose of wastewater at the site and visitors

center, subject to provisions of section 1265a of Title 10. The director

of the division of historic preservation may, with the approval of the

secretary of administration, accept the grant of a 39.5 acre parcel of land

by the Nature Conservancy, which is located in the town of Orwell

adjacent to the Mount Independence site. The deed conveying the

parcel shall restrict the land from further development: $ 700,000.

(2) Plymouth, Wilder House at Plymouth Notch Historic District,

and Fairfield, President Chester Arthur Historic Site, sewer and water

improvements, and architectural barrier removal. Use of sewage holding

and pumpout tanks is authorized to dispose of wastewater at the two

historic sites, subject to provisions of section 1265a of Title 10: $ 50,000.

(b) The sum of $150,000 is appropriated to the agency of development and community affairs for the division of historic preservation for the Historic

Preservation Grant Program of assistance to municipalities and nonprofit tax

exempt organizations with state grants, which shall be made available on a

one-for-one matching basis, for restoring buildings and structures.

(c) The sum of $50,000 is appropriated to the agency of development and community affairs for the Historic Agricultural Buildings Grant Program of assistance to the owners of historic agricultural buildings, to be made available on a one-for-one matching basis, for the restoration of such structures. If a grantee sells the property within one year of the grant award, 100 percent of the grant shall be repaid to the state. If a grantee sells the property between one and five years after the grant is awarded, the amount to be repaid to the state shall be reduced by 20 percent per year.

(d) The division of historic preservation shall inform all grant applicants and recipients of funds from the state from the Historic Preservation Grant Program: "The Vermont Historic Preservation Grant Program is funded by the taxpayers of the State of Vermont, at the direction of the General Assembly, through the annual Capital Appropriation and State Bonding Act." An appropriate placard shall be displayed at the location of the proposed grant activities.

(e) The division of historic preservation shall inform all grant applicants and recipients of funds from the state from the historic agricultural buildings grant program: "The Vermont Historic Agricultural Buildings Grant Program is funded by the taxpayers of the State of Vermont, at the direction of the General Assembly, through the annual Capital Appropriation and State Bonding Act." An appropriate placard shall be displayed at the location of the proposed grant activities.

(Total Appropriation -- Section 5 $ 950,000)

Sec. 6. VERMONT HISTORICAL SOCIETY

The sum of $50,000 is appropriated to the Vermont Historical Society, to be made available as grants to municipalities and nonprofit tax exempt organizations on the basis of one dollar of state grant for every dollar raised from other non-state sources, for capital improvements to cultural facilities, including performing arts facilities, museums, historical society buildings and art galleries. The grants shall be geographically distributed.

The Vermont Historical Society shall inform as follows all parties receiving funds from the state from the program of grants for capital improvements to cultural facilities: "The Vermont Cultural Facilities Grant Program is funded by the taxpayers of the State of Vermont, at the direction of the General Assembly, through the annual Capital Appropriation and State Bonding Act."

(Total Appropriation -- Section 6 $ 50,000)

Sec. 7. TRANSPORTATION

(a) The sum of $720,000 is appropriated to the department of state buildings for the agency of transportation for:

(1) Various sites, rest area rehabilitation, 10 percent

state match of federal grant for this purpose. The expenditure

of this appropriation is conditional on the state being reasonably

assured that it will qualify for matching federal funds, except

for engineering and design activities. None of this appropriation of

state funds shall be used for agency of transportation operational

expenses or project impact or user fees: $ 270,000.

(2) Mendon, construct two salt sheds: $ 150,000.

(3) Westmore, garage facility and related improvements: $ 50,000.

(4) Brighton, sheds for sand, salt and cold-storage, plus yard

improvements for joint use by the agency of transportation and the town

on land owned by the Town of Brighton: $ 250,000.

(b) The sum of $10,000 is appropriated to the agency of transportation, which shall be used by the agency to complete by October 1, 1995 the construction of turnoffs on theNorth side of and parallel to Vermont Route 17, in the Town of Addison, as directed by Sec. 20a of Act No. 233 of the Acts of 1993 (Adjourned Session). The agency of transportation shall by July 1, 1995 acquire any additional right-of-way or fee interests as needed to complete this project.

(c) Notwithstanding the provisions of Sec. 12(b) of Act No. 90 of the Acts of 1987 (sale of state land to Brandon Industrial Corporation), Sec. 1(c) of Act No. 59 of the Acts of 1993 (transfer of state lands to the agency of transportation), or Sec. 8(a)(2) of Act No. 233 of the Acts of 1993 (Adjourned Session), the commissioner of state buildings with the approval of the secretary of administration is authorized to construct a new transportation maintenance facility on lands formerly known as the "Brandon Training School" at either the industrial site or at the location provided for by Sec. 1(c) of Act No. 59 of the Acts of 1993.

(Total Appropriation -- Section 7 $ 730,000)

Sec. 8. EDUCATION

(a) The following sum is appropriated to the department of education

to assist communities and school districts with school construction in

accordance with sections 3441-3457a of Title 16. Of the total amount

appropriated, $1,155,995 shall not be used until the state treasurer has

accepted anticipated receipts in this amount as provided by Sec. 23(b)

of this act: $ 19,000,000.

(b) The following sum is appropriated to the department of

education for the purchase of equipment used in the technical

educational programs of all of the regional technical education centers

and four comprehensive high schools pursuant to chapter 37 of Title 16.

Monies for these purchases shall be distributed in equal amounts to each

regional technical education center and comprehensive high school in the

state. No local matching funds shall be required: $ 250,000.

(1) Belvidere, Belvidere school district, purchase land for new

school site: $ 62,500.

(2) Brattleboro, the Austine School for the Deaf and Hard-of-Hearing,

for buildings improvements. As a condition of this appropriation, the school

shall approach the state legislatures of New Hampshire and Massachusetts to

request appropriations by those states for this project; consider raising out-of-

state tuition to help defray some of the cost of the project; consider obtaining a

commercial loan for some of the cost of the project; and submit grant proposals

to public and private foundations and corporations requesting funds for the project.

The school shall report on its progress in obtaining funding from these additional

sources no later than August 1, 1995, October 1, 1995, and January 1, 1996, to

the senate and house institutions committees: $ 200,000.

(d) Emergency projects.

(1) Notwithstanding any other provision of law to the contrary, the state board may give first priority in awarding school construction grants from the appropriation of subsection (a) of this section, to assist only with the phase of a project deemed by the state board to be an emergency and to the extent required to meet department of labor and industry major life safety code requirements, agency of natural resources failed water supply or sewage disposal systems requirements, or health department air quality requirements, provided that the project has been approved by the electorate in accordance with section 3448(a)(1) of Title 16. The amount of a grant awarded for an emergency project pursuant to this subsection shall be limited to 30 percent of the eligible cost necessary to remedy the condition giving rise to the emergency.

(2) The state board shall consider the need for funding for emergency projects at Concord High School in Concord, and at Beeman Elementary School in New Haven.

(Total Appropriation -- Section 8 $ 19,512,500)

Sec. 9. UNIVERSITY OF VERMONT

The sum of $1,250,000 is appropriated to the department of state buildings for theUniversity of Vermont for:

(1) Pomeroy Hall and Allen House, renovations: $ 1,000,000.

(2) Architectural barrier removal, campus-wide: $ 250,000.

(Total Appropriation -- Section 9 $ 1,250,000)

Sec. 10. VERMONT STATE COLLEGES

(a) The sum of $2,030,000 is appropriated to the department of state buildings for the Vermont State Colleges for activities at various campuses:

(1) Academic equipment: $ 490,000.

(2) Energy conservation: $ 145,000.

(3) Life safety code compliance: $ 520,000.

(4) Major maintenance: $ 650,000.

(5) Roof repair or replacement: $ 150,000.

(6) Lyndon State College, roof repair: $ 75,000.

(b) The Vermont state colleges is authorized to enter into an agreement with the Gifford Memorial Hospital to lease land on the campus of Vermont technical college, in Randolph, to the hospital for the construction of a nursing home which shall be owned by the hospital.

(Total Appropriation -- Section 10 $ 2,030,000)

Sec. 11. VERMONT EDUCATIONAL TELEVISION

The sum of $256,300 is appropriated to the department of state buildings for Vermont Educational Television to purchase and install backup transmission equipment at its Burke Mountain site.

(Total Appropriation -- Section 11 $ 256,300)

Sec. 12. VERMONT PUBLIC RADIO

The sum of $50,000 is appropriated to the department of state buildings for Vermont Public Radio to renovate the former Veterinary Hospital at Fort Ethan Allen, in Colchester, as VPR headquarters and studio.

(Total Appropriation -- Section 12 $ 50,000)

Sec. 13. NATURAL RESOURCES

(a) The sum of $1,380,800 is appropriated to the agency of natural resources for:

(1) The department of environmental conservation for renovations

to the Youngsbrook Dam and to the following state-owned dams:

Waterbury Dam, Lake Bomoseen Dam, Lake Carmi Dam, Wrightsville

Dam, and Vernon Hatchery Pond Dam: $ 600,000.

(2) The department of fish and wildlife for the Edgar Weed Fish

Culture Station, in Grand Isle, for zebra mussel control: $ 300,000.

(3) The department of forests, parks and recreation for:

(A) Castleton, develop information needed to place on the

National Registry of Historic Places, sites of the slate industry located

on state-owned land in the West Castleton area: $ 15,000.

(B) Grand Isle, Grand Isle state park, renovate wastewater

disposal system: $ 200,000.

(D) St. Albans bay state park, improvements: $ 5,800.

(E) Various state parks, upgrade drinking water supply

systems: $ 200,000.

(b) Sums are appropriated to the agency of natural resources for state assistance to municipalities in the following amounts:

(1) Recreation. The state's 25 percent share of municipal

recreation projects eligible for federal assistance under the federal

land and water conservation program: $ 88,000.

(2) Water supply. State grants and loans for potable water supply

facilities construction as authorized by chapter 55 of Title 10 and

chapter 120 of Title 24. The department of environmental conservation

shall process applications from municipalities for a waiver sought

under the federal Safe Drinking Water Act, surface water treatment

rule, as provided by section 1683 of Title 10: $ 840,000.

(3) Pollution control. Municipal grants and loans as authorized

by chapter 55 of Title 10 and chapter 120 of Title 24, for water pollution

control and combined sewer overflow facility construction: $ 2,174,000.

(4) Solid waste.

(A) Municipal grants and loans, for activities that

directly contribute to meeting the household hazardous waste goals

of chapter 159 of Title 10: $ 75,000.

(B) Recycling: $ 591,000.

(5) City of St. Albans, grant for wastewater treatment facility

improvements: $ 100,000.

(c) The sum of $300,000 is appropriated to the agency of natural resources for use by the Green Mountain Club, Inc. for procurement of strategic properties along the 265 miles of the Long Trail. The Green Mountain Club, Inc. shall whenever appropriate apply for funding from the Vermont housing and conservation trust fund, and shall support the efforts of individual landowners to seek funding from the U.S. Forest Service Legacy Program, for each proposed purchase of development rights and real estate in fee simple to match private funds and money herein appropriated. None of this appropriation shall be used to support the acquisition of land by eminent domain.

(d) Notwithstanding any provision of law to the contrary, the City of St. Albans shall not be required to repay a planning advance in the amount of $86,650 made to it between 1978 and 1984, pursuant to the provisions of chapter 55 of Title 10.

(e) In response to the objections raised by the Crystal Lake Cottage Association to the proposed access area design prepared by the agency of natural resources, the commissioner of environmental conservation shall determine on the basis of historical data, orthophotographs, testimony and other information available, whether the property on and adjacent to the proposed Crystal Lake access area, in Barton, is privately ownedland or filled land subject to the public trust doctrine of the Vermont Constitution. In making this determination, the commissioner shall consult with area department of fish and wildlife officers, longtime area residents, individuals who have used the existing boat access area or the lake over a lengthy period of time and other persons who may have relevant information. The commissioner shall report his findings by January 15, 1996, to the senate and house institutions committees.

(Total Appropriation -- Section 13 $ 5,797,800)

Sec. 14. MILITARY

The sum of $142,000 is appropriated to the military department for:

(1) Camp Johnson, tank replacement: $ 45,000.

(2) Camp Johnson, wood chip boiler: $ 12,000.

(3) Ludlow Armory boiler: $ 35,000.

(4) Various armories, architectural barrier removal: $ 50,000.

(Total Appropriation -- Section 14 $ 142,000)

Sec. 15. VERMONT VETERANS' HOME

The sum of $114,000 is appropriated to the department of state buildings for the Vermont Veterans' Home in Bennington for:

(1) Basement ventilation: $ 25,000.

(2) Emergency generator: $ 36,000.

(3) Nurse call system: $ 53,000.

(Total Appropriation -- Section 15 $ 114,000)

Sec. 16. PUBLIC SAFETY

The sum of $90,000 is appropriated to the department of state buildings for the department of public safety for:

(1) Department crime laboratory ventilation improvements: $ 40,000.

(2) Brattleboro, Derby, and St. Johnsbury state police offices, and

at other locations, replace underground gasoline storage facilities, and

install leak and inventory equipment: $ 50,000.

(Total Appropriation -- Section 16 $ 90,000)

Sec. 17. AGRICULTURE

The sum of $350,000 is appropriated to the department of agriculture, food and markets for grants under provisions of subchapter 2 of chapter 215 of Title 6, to abate agricultural non-point source waste discharges into the waters of the state of Vermont.

(Total Appropriation -- Section 17 $ 350,000)

Sec. 18. STATE LIBRARIES

The sum of $35,000 is appropriated to the department of state buildings for the Georgia regional library for installation of sewage holding and pumpout tanks for the disposal of wastewater at the library, subject to provisions of section 1265a of Title 10.

(Total Appropriation -- Section 18 $ 35,000)

Sec. 19. CITY OF VERGENNES

(a) The sum of $50,000 is appropriated to the agency of natural resources for the City of Vergennes for improvements to the Otter Creek basin area, to enhance its public use as a recreational area, provided the City of Vergennes contributes $10,000 toward the project from sources other than state funds.

(b) The City of Vergennes is authorized to use sewage holding and pumpout tanks to dispose of wastewater in the Old Pump House and Grist Mill to be renovated as a public museum, subject to provisions of section 1265a of Title 10.

(Total Appropriation -- Section 19 $ 50,000)

Sec. 20. NATIVE AMERICAN BURIAL GROUND; DOMAY SITE; GOVERNOR'S

ADVISORY COMMISSION ON NATIVE AMERICAN AFFAIRS

The sum of $200,000 is appropriated to the department of state buildings to assist with the purchase of a parcel of land, including buildings and improvements, in Highgate, which is recognized as a significant Native American burial ground dating as far back as circa 885 B.C. to 100 B.C., and to remove the existing buildings and improvements from the parcel and prepare for the reburial of Abenaki skeletal remains. Indian remains formerly stored in Montpelier may be interred at the premises. In addition, as a condition of this appropriation, other historic (pre-1920) Indian remains which have been or may be discovered in the Franklin County area may be interred at the premises after consultingwith the Vermont Governor's Advisory Commission on Native American Affairs, established by Executive Order No. 97-90, or any successor entity. The commissioner of state buildings is authorized to accept grants and other funds to pay for the total cost of this purchase. Specific reference is made to the testimony received by the senate institutions committee on March 2 and March 8, 1995 for a more detailed discussion as to the historical significance of this parcel as well as to a book written by William Haviland, professor of anthropology at the University of Vermont, entitled "The Original Vermonters".

(Total Appropriation -- Section 20 $ 200,000)

Sec. 21. VERMONT HOUSING AND CONSERVATION TRUST

The sum of $7,000,000 is appropriated to the Vermont housing and conservation trust for the purposes established in chapter 15 of Title 10.

(Total Appropriation -- Section 21 $ 7,000,000)

Sec. 21a. MILITIA MUSEUM AND LIBRARY IN COLCHESTER

The sum of $9,600 is appropriated to the department of state buildings for use by the Vermont Veterans' Militia Museum and Library, Inc., for a building addition and site improvements, in Colchester.

(Total Appropriation -- Section 21a $ 9,600)

Sec. 21b. LAKE BOMOSEEN

The sum of $50,000 is appropriated to the department of state buildings for use by Lake Bomoseen Association, Inc., for soils exploration and environmental mitigation studies to assist with the development of a preliminary engineering design for construction of a dam on Lake Bomoseen. Notwithstanding any law or charter provision to the contrary, the selectmen of the Town of Castleton are authorized to supplement this appropriation with any municipal funds received from any sources.

(Total Appropriation -- Section 21b $ 50,000)

Sec. 21c. HASKELL FREE LIBRARY AND OPERA HOUSE OF DERBY LINE,

VERMONT AND ROCK ISLAND, QUEBEC

(a) The sum of $1.00 is appropriated to the department of state buildings, for use bythe trustees of Haskell Free Library, Inc., for safety and handicap accessibility improvements to the Haskell Free Library and Opera House, a historic cultural building located in both Derby Line, Vermont, and Rock Island, Quebec. The improvements are required by the State of Vermont, for which the Province of Quebec through its cultural ministry has agreed to pay 40 percent of certain renovations consistent with the Cultural Property Act of 1972. The intent of the legislature in authorizing this appropriation is to enable the facility to be reopened and operated, in accordance with the original will of its donor, as a cultural resource benefiting all members of the unique American and Canadian community. As a condition of this appropriation, the trustees of Haskell Free Library, Inc. shall agree to undertake an outreach program for the children of Essex, Orleans and Caledonia counties to ensure their future access and participation in educational performing arts opportunities at the library and opera house.

(b) The division of historic preservation and the commissioner of labor and industry shall assist the trustees of Haskell Free Library, Inc. to coordinate applicable Vermont statutes and rules with applicable statutes and rules of the Province of Quebec, and recommend any statute, rule, code or waivers, if legislative action is necessary, to the senate and house institutions committees by December 1, 1995.

(Total Appropriation -- Section 21c $ 1)

Sec. 21d. FLYNN THEATRE FOR THE PERFORMING ARTS, LTD. OF

BURLINGTON

The sum of $125,000 is appropriated to the department of state buildings for use by the Flynn Theatre for the Performing Arts, Ltd. to renovate and expand facilities designed to better serve the school children of the entire state, through an enhanced educational program of performances, seminars, and teacher training opportunities. This appropriation is intended to in part provide the matching share for a grant to the Flynn from the Kresge Foundation. As a condition of this appropriation, the Flynn Theatre for the Performing Arts, Ltd. shall undertake an outreach effort to ensure future access and participation in the theatre's arts education program by the children of the state, particularly those children in areas of the state not previously served by the program, andwork with the Haskell Free Library, Inc. to establish a satellite program and otherwise share educational performing arts opportunities, and to report on the implementation of these directives to the senate and house institutions committees by January 15, 1996 and again by January 15, 1997.

(Total Appropriation -- Section 21d $ 125,000)

Sec. 21e. BARRE GRANITE AND ETHNIC CULTURE MUSEUM

(a) The Barre Granite and Ethnic Culture Museum steering committee created by Sec. 6(a)(7) of Act No. 233 of the Acts of 1993 (Adjourned Session) is reauthorized and shall continue with the same membership. The committee shall by July 1, 1995, and each year thereafter, select a new chair and vice-chair. The committee shall continue with its work, including its search for a site for a Barre granite and ethnic culture museum, which shall be in a downtown Barre City location readily accessible to the public and to rail service, and the building or site shall be capable of future expansion. Legislative members of the committee who are not residents of Washington County shall be entitled to compensation and reimbursement pursuant to section 406 of Title 2.

(b) The sum of $30,000 is appropriated to the department of state buildings for use by the steering committee for purposes deemed appropriate by it, including site evaluation, engineering studies, and to acquire an option in the name of a not-for-profit corporation with the consent of that corporation and upon the affirmative recommendation of the site selection committee as presently constituted.

(c) The steering committee shall be staffed by the department of state buildings, and shall receive the cooperation of the division of historic preservation and the department of housing and community affairs of the agency of development and community affairs, the Vermont housing and conservation board, and the Vermont Historical Society.

(Total Appropriation -- Section 21e $ 30,000)

* * * Financing This Act * * *

Sec. 22. REALLOCATION OF FUNDS

(a) The sum of $725,000 appropriated in Sec. 1(a)(2)(D)(i) (Montpelier parking garage) of Act No. 59 of the Acts of 1993 is reallocated to the department of statebuildings to defray expenditures authorized by the appropriations of this act.

(b) The following sums are reallocated to the agency of natural resources to defray expenditures authorized by the appropriations of Sec. 13 (natural resources) of this act:

(1) $611,313 appropriated in Sec. 19(d)(1) (solid waste landfill closing) of Act No. 233 of the Acts of 1993 (Adjourned Session).

(2) $28,927 appropriated in Sec. 19(d)(2)(A) (solid waste hazardous material) of Act No. 233 of the Acts of 1993 (Adjourned Session).

(3) $88,020 appropriated in Sec. 11(d)(3) (solid waste management facilities) of Act No. 93 of the Acts of 1991.

(4) $120,568 appropriated in Sec. 11(e)(3) (solid waste management facilities) of Act No. 256 of the Acts of 1991 (Adjourned Session).

(5) $141,183 appropriated in Sec. 11(d)(3) (solid waste management facilities) of Act No. 59 of the Acts of 1993.

(6) $296,000 appropriated in Sec. 19(b) (water supply and zebra mussel controls) of Act No. 233 of the Acts of 1993 (Adjourned Session).

(7) $30,000 appropriated in Sec. 18(a)(6) (mountaintop communications equipment) of Act No. 233 of the Acts of 1993 (Adjourned Session).

(c) The sum of $100,000 appropriated in Sec. 12(b)(2) (Vermont interactive television) of Act No. 233 of the Acts of 1993 (Adjourned Session) is reallocated to the department of state buildings to defray expenditures authorized by the appropriations of this act.

(Total Reallocation -- Section 22 $ 2,141,011)

Sec. 23. ALLOCATION OF ANTICIPATED RECEIPTS

(a) The sum of $112,000 in receipts anticipated from the federal government to reimburse the use of state appropriated capital funds for improvements to the Vermont Veterans' Home, in Bennington, shall, upon its acceptance by the state treasurer, be allocated to the department of state buildings to defray expenditures authorized by Sec. 1(c)(2) (contingency fund) of this act. Any amount in excess of $112,000 received from this source shall be used to defray expenditures authorized in a future capital constructionact.

(b) The sum of $1,155,995 in receipts anticipated from the sale of state-owned Brandon training school property, in Brandon, pursuant to Sec. 1(b) of Act No. 59 of the Acts of 1993, shall, upon its acceptance by the state treasurer, be allocated to the department of education to defray expenditures authorized by Sec. 8(a) of this act.

(c) The state treasurer shall upon acceptance of the anticipated receipts identified in this section, so notify the chairs of the senate and house institutions committees, the members of the joint fiscal committee, the department of state buildings, and the department of education.

(Total Anticipated Receipts -- Section 23 $ 1,267,995)

Sec. 24. GENERAL OBLIGATION BONDS

(a) The state treasurer is authorized to issue general obligation, general fund bonds in the amount of $49,269,695 for the purpose of funding the appropriations of this act except for the appropriation of Sec. 7 (transportation). The state treasurer with the approval of the governor shall determine the appropriate form and maturity of the bonds consistent with the underlying nature of the appropriation to be funded.

(b) The state treasurer is authorized to issue long-term general obligation, transportation fund bonds in the amount of $730,000 for the purposes of Sec. 7 of this act.

(c) The state treasurer is authorized to allocate the estimated cost of bond issuance, or issuances, to the entities to which funds are appropriated by this act and for which bonding is required as the source of funds. Should estimated receipts be insufficient, the state treasurer shall allocate additional costs pursuant to section 954 of Title 32. Any remaining receipts shall not be expended but carried forward to be available for future capital construction acts.

(Total Bonding -- Section 24 $ 49,999,695)

* * * Fiscal Management * * *

Sec. 25. MANAGEMENT OF APPROPRIATIONS IN THIS ACT

All appropriations made in this act to the department of state buildings shall be managed and expended under chapter 5 of Title 29. However, if the commissioner ofstate buildings finds that it is in the best interest of the state, the University of Vermont (UVM), Vermont Educational Television (VETV), and the Vermont State Colleges (VSC), he or she shall direct the commissioner of finance and management to issue his or her warrant to pay directly to UVM, VETV, and VSC portions of the amount appropriated to the department of state buildings for use at these institutions as he or she may designate.

Sec. 26. TRANSFER OF FUNDS APPROPRIATED IN THIS ACT

(a) Military. The adjutant general, with the approval of the secretary of administration, may transfer any unexpended project balances between projects authorized by Sec. 14 of this act and shall promptly report such transfers to the chairs of the senate and house institutions committees.

(b) Natural resources. The secretary of natural resources, with the approval of the secretary of administration, may transfer any unexpended project balances of up to $50,000 between projects authorized by Sec. 13(a) (natural resources, state facilities) of this act.

(c) State buildings. The commissioner of state buildings, with the approval of the secretary of administration, may transfer any unexpended project balances between projects which are authorized under the same individual appropriations of this act to the department of state buildings. The commissioner of state buildings may transfer any unexpended project balances between projects which are authorized under different appropriations of this act to the department of state buildings, with the approval of the secretary of administration, when the unexpended project balance does not exceed $25,000, or with the additional approval of the emergency board when such a balance exceeds $25,000.

(d) The adjutant general, the secretary of natural resources, and the commissioner of state buildings may postpone any of the authorized projects if financial or economic conditions are such that the best interests of the state would be served thereby.

(Sec. 27 has been deleted)

Sec. 28. SPENDING AUTHORIZATION; VERMONT STATE COLLEGES

In conformity with section 2171(e) of Title 16, the general assembly approves the expenditure by the Vermont State Colleges from its revenues, other than state appropriations, and from its revenues established for the purpose of capital improvements on housing, dining, and general purpose facilities to an aggregate of $1,043,000 for necessary capital improvements. Capital improvements in excess of $25,000 shall be under the supervision of the commissioner of state buildings.

* * * Corrections; Federal Prisoners; Federal Funds * * *

Sec. 29. CORRECTIONS; FEDERAL PRISONERS; FEDERAL FUNDS

(a) Notwithstanding section 5 of Title 32 (acceptance of grants), the commissioner of corrections, with the approval of the secretary of administration, is authorized to enter into an agreement with the U.S. Marshal Service to convey the right to occupy space for a period of 15 years for up to 40 federal prisoners in state correctional facilities.

(b) The department of state buildings is authorized to design and construct an additional 32 beds within the existing Northern State Correctional Facility, in Newport, and to design and construct a new building on the site of the Northern State Correctional Facility to house an additional 112 inmates, provided that no state funds shall be used for either of these activities. Any remaining funds after the design and construction of the 32 beds within the existing Northern State Correctional Facility is completed, shall be used only for the purpose of the design and construction of the new 112 bed building on the site of the Northern State Correctional Facility. Any remaining funds after the design and construction of the new 112 bed building is completed, shall not be spent for any other project without approval of the general assembly.

(c) The secretary of administration is authorized to apply for federal funds to be used to improve state correctional facilities. Notwithstanding section 5 of Title 32, the secretary may, with the approval of the emergency board:

(1) Accept on behalf of the department of state buildings funds under the U.S. Marshal Service Cooperative Agreement Program, to be used to add 32 beds at the Northern State Correctional Facility as provided by subsection (b) of this section. Anyadditional funds received under the program may be used in accordance with the terms of the Cooperative Agreement to improve state correctional facilities.

(2) Accept on behalf of the departments of corrections and of state buildings federal funds available under the U.S. Violent Crime Control and Law Enforcement Act of 1994, P.L. 103-322, and as may be amended, to be used to ensure the availability of jail and prison space for the confinement of violent offenders. Federal funds received under the Violent Crime Control and Law Enforcement Act may be used for the construction of the new building authorized by subsection (b) of this section.

* * * Real Property and Other Financial Transactions * * *

Sec. 30. SALE OF STATE-OWNED PROPERTY; MIDDLESEX

The commissioner of state buildings may, with the approval of the secretary of administration, sell the state-owned property used by the department of public safety for radio repairs, in Middlesex, for an amount not less than its fair market value as determined by the director of the division of property valuation and review. Funds derived from the sale shall be used to defray the state's existing general obligation, long-term debt created by the issuance of bonds.

Sec. 31. SALE OF STATE-OWNED PROPERTY; PITTSFORD

The commissioner of state buildings is authorized, with the approval of the secretary of administration, to sell for $1.00 a parcel of state-owned land within the Vermont police academy and fire service training facility in Pittsford, to the town of Pittsford for an addition to the town-owned cemetery, and for use as a nature and recreational trail. The parcel is identified on a map entitled "Land of the State of Vermont, Town of Pittsford," dated February 9, 1995, and prepared by the department of state buildings. Before the sale may be consummated, the town of Pittsford shall obtain, at no cost to the state, a survey of the parcel by a registered surveyor, a title search of the parcel, and all necessary subdivision permits as may be required by municipal and state government entities. The parcel shall not be sold by the town of Pittsford, and the parcel shall revert to state ownership in the event it is no longer used for the purposes provided by this section.

Sec. 32. GRANT EASEMENT OVER STATE-OWNED PROPERTY; ST. ALBANS

The commissioner of state buildings is authorized, with the approval of the secretary of administration, to grant an easement for $1.00 across state-owned property located on Lake Street, in the City of St. Albans, adjacent to the new human services office building, to the Franklin County Alcohol and Drug Council (FCADC), for the purpose of providing access to the FCADC parking lot.

Sec. 33. LAND PURCHASE; ALBURG

The commissioner of state buildings is authorized, with the approval of the secretary of administration, to enter into a purchase and sales agreement, and to consummate such agreement, to acquire property for the Alburg Welcome Center, provided that the state share of the purchase shall not exceed 20 percent of its total cost. State funds used for the purchase shall be allocated from the appropriation to the department of state buildings, for use by the agency of transportation, by Sec. 7(a)(4) of Act No. 59 of the Acts of 1993, as amended by Sec. 41 of Act No. 233 of the Acts of 1993 (Adjourned Session).

* * * Capital Construction Act Amendments * * *

Sec. 34. AMEND CAPITAL CONSTRUCTION ACT; ST. JOHNSBURY

Sec. 1(f) of Act No. 59 of the Acts of 1993 is amended to read:

(f) Sale of state-owned property, St. Johnsbury.

The commissioner of state buildings is authorized to sell a parcel of land for the sum of $1.00 to the Town of St. Johnsbury for use as a solid waste management facility, which shall not be restricted to use by only the residents of the Town of St. Johnsbury. The parcel is three acres, more or less, bounded by a 30-foot offset from the St. Johnsbury community correctional center access road center line to the North, Route 5 and the Ulric Norris' property to the East, H.S. and T.S. Rivers' property to the South and the Winot property and the remaining portion of the state property to the West. Before the sale may be consummated, the Town of St. Johnsbury shall obtain, at no cost to the state, a survey of the parcel by a registered surveyor, a title search of the parcel, and all necessary subdivision permits as may be required by municipal and state government entities. In the event the land is not used for the purpose designated by this section, *[~~itshall revert to state ownership~~]* the town may, with the approval of the general assembly, change the use or ownership of the land. In the event the town does seek legislative approval to change the use or ownership of the land, the legislature shall, upon granting such approval, require that the land shall revert to state ownership if not used for the new purpose designated. The transfer of the parcel to the Town of St. Johnsbury by the state is contingent upon the transfer to the state by the Town of St. Johnsbury, for the sum of $1.00, of a three to four acre parcel to be used as the location for a 300,000 gallon water tank. The deed transferring this parcel shall contain and quote the language set forth herein above, and it shall reference this section of this act, as it amends Act No. 59 of the Acts of 1993.

Sec. 35. AMEND CAPITAL CONSTRUCTION ACT; WATERBURY RESERVOIR

Sec. 11(c) of Act No. 93 of the Acts of 1991 is amended to read:

(c) The sum of $1,260,000.00 is appropriated to the agency of natural resources for design and improvements to state parks and forests as follows:

* * *

(4) improve day use area, including such improvements as a

bath house, picnic shelter, beach expansion, and parking expansion,

on Waterbury Reservoir in Waterbury $ 190,000.00;

Sec. 35a. Sec. 7(b), subdivisions (5) and (6) of Act No. 233 of the Acts of 1993 (Adjourned Session) are amended to read:

(5) Randolph, Vermont Technical College, removal of the "Langevin House" from its present site on or *[~~before January 1, 1995~~]* after May 1, 1997, notwithstanding any status the building may have on a public register of historic places, either by making a gift of the structure to a party willing to remove it, or by demolition. The "Langevin House", however, shall remain at the present site if sufficient community funds are raised prior to January 1, 1997 to completely renovate the existing structure consistent with plans approved by the Vermont State Colleges. Any renovation of the house shall not affect the status of the existing lab building located east of the house.

(6) Randolph, Vermont Technical College, *[~~on site of former~~]*

*[~~"Langevin House,"~~]* build structure for use by the college construction

practice and management program, and for use by the Vermont

Veterans' Cemetery: $ 80,000.

* * * Agricultural Non-point Source Pollution Abatement * * *

Sec. 36. REDESIGNATION

Sections 4810 through 4814 of chapter 215 of Title 6 are redesignated as

"Subchapter 1. Program Policy and Implementation"

Sec. 37. 6 V.S.A. chapter 215, subchapter 2 is added to read:

Subchapter 2. Financial and Technical Assistance

� 4820. DEFINITIONS

For purposes of this subchapter:

(1) "AAPs" means "accepted agricultural practices" as defined by the commissioner of agriculture, food and markets pursuant to subchapter 1 of this chapter.

(2) "Commissioner" means the commissioner of agriculture, food and markets.

(3) "Department" means the department of agriculture, food and markets.

(4) "FSA" means the "farm service agency," formerly named the "agricultural stabilization and conservation service," of the U.S. Department of Agriculture.

(5) "NRCS" means the "natural resources conservation service," formerly named the "soil conservation service," of the U.S. Department of Agriculture.

� 4821. ASSISTANCE PROGRAM CREATED; ADMINISTRATION

(a) Program created. A program is created to provide state financial assistance to Vermont farmers in support of their voluntary construction of on-farm improvements designed to abate non-point source agricultural waste discharges into the waters of the state of Vermont, consistent with goals of the federal Water Pollution Control Act and with state water quality standards. The program shall be conducted in a manner which makes maximum use of federal financial aid for the same purpose, as provided by this subchapter, and which seeks to use the least costly methods available to accomplish the abatement required.

(b) Program administration. The commissioner shall:

(1) administer the state assistance program, for which purpose the commissioner shall coordinate with officials of the U.S. Department of Agriculture or other federal agencies, and shall adopt rules pursuant to chapter 25 of Title 3 concerning farmer application and eligibility requirements, financial assistance award priorities, and other administrative and enforcement conditions; and

(2) may provide technical assistance to individual farmers with the preparation of on-farm agricultural waste management plans, applications for state and federal financial assistance awards, installation of on-farm improvements, and maintenance of acceptable operating standards during the life of a state assistance award contract. For this purpose, state employees of the department shall cooperate with federal employees of the U.S. Department of Agriculture or other federal agencies.

� 4822. ELIGIBILITY FOR STATE ASSISTANCE

Vermont farmers shall be eligible to receive available state financial assistance with the installation of on-farm improvements designed to control agricultural non-point source waste discharges, provided that:

(1) for farmers who also seek federal financial assistance for this purpose, the improvements:

(A) are eligible for federal assistance through programs of the U.S. Department of Agriculture; and

(B) are consistent with a "nutrient management plan" prepared by the Vermont field office of the NRCS, or with an animal waste management plan based on standards equivalent to those of the NRCS; or

(2) for farmers who decline to seek or accept federal financial assistance for this purpose, the improvements:

(A) are determined by the commissioner to be equivalent to those eligible for federal assistance through programs of the U.S. Department of Agriculture; and

(B) are consistent with an animal waste management plan based on standards determined by the commissioner to be equivalent to those of the NRCS.

� 4823. PRIORITIES; STATE FINANCIAL ASSISTANCE AWARDS

(a) Priorities. State financial assistance available under this subchapter shall in each fiscal year be allocated according to the following priorities, except as provided by subsection (b) of this section, and as further defined by rule by the commissioner:

(1) First priority shall be given to proposed improvements on individual farms which do not meet AAPs because of physical constraints of a farm site, which are located within the boundaries of the Lake Champlain Basin or the Lake Memphremagog Basin, as these boundaries are defined by the state water quality plan prepared by the agency of natural resources.

(2) Second priority shall be given to proposed improvements on individual farms which do not meet AAPs because of physical constraints of a farm site, which are located outside the boundaries of the Lake Champlain Basin or the Lake Memphremagog Basin.

(3) Third priority shall be given to proposed improvements on all other individual farms which are located within the boundaries of the Lake Champlain Basin or the Lake Memphremagog Basin.

(4) Fourth priority shall be given to proposed improvements on all other individual farms which are located outside the boundaries of the Lake Champlain Basin or the Lake Memphremagog Basin.

(b) Exceptions. The commissioner may award financial assistance under this subchapter for improvements on a farm which otherwise would not receive assistance under the priorities established by this section, when the commissioner determines a severe condition of non-point source waste discharge exists which requires immediate abatement.

� 4824. STATE FINANCIAL ASSISTANCE AWARDS

(a) State grant. State financial assistance awarded under this subchapter shall be in the form of a grant. When a state grant is intended to match federal financial assistance for the same on-farm improvement project, the state grant shall be awarded only when the federal financial assistance has also been approved for awarded. An applicant for a state grant shall pay at least 15 percent of the total eligible project cost. The dollar amount of astate grant shall be equal to the total eligible project cost, less 15 percent of the total as paid by the applicant, and less the amount of any federal assistance awarded, except that a state grant shall not exceed 50 percent of the total eligible project cost.

(b) Farmer contract. A state grant awarded to an applicant under this subchapter shall be awarded in accordance with a state contract containing contract terms substantially the same as those required for receipt of a federal award for the same purpose from the U.S. Department of Agriculture, except as provided by the commissioner by rule.

� 4825. REPORTS

Annually by January 15 of each year, the commissioner shall report to the general assembly regarding activities in support of the objectives of this subchapter, including use of state, federal and private funds:

(1) undertaken during the preceding fiscal year;

(2) in progress during the current fiscal year;

(3) projected for the following fiscal year; and

(4) remaining to be undertaken after the following fiscal year.

* * * Other Statutory Amendments and Additions * * *

Sec. 38. 16 V.S.A. � 3448c(b) (increased state construction aid for joint projects) is amended to read:

(b) Grant awards under subsection (a) of this section may commence after July 1, 1993 for projects approved by the state board of education after January 1, 1993. No such awards shall be made after June 30, *[~~1998~~]* 1997, except for projects for which a local bond was approved prior to this date.

Sec. 39. 16 V.S.A. � 3448(a)(1) is amended to read:

(1) Applications. Each school district which has voted funds in a specific amount, or issued bonds, to construct or purchase a new school plant, or make extensive additions or alterations to its existing school plant to house adequately or educate its pupils, or to conserve energy, and desires to avail itself of aid herein provided, shall make application in writing to the state board for approval of the project prior to construction. The board of trustees of an independent school eligible for assistance under section 3447 of this titlemay also make application to the state board for construction aid under this section, if the voters of each municipality represented by publicly appointed trustees have voted to approve a project in a specific amount for the construction, addition, alteration, or acquisition of facilities by the independent school, and if the board of trustees of the independent school has voted, appropriated or otherwise have available funds in a specific amount for the project.

Sec. 40. 29 V.S.A. � 821(a) (names of state facilities) is amended to read:

(a) State buildings.

* * *

(2) "Vermont Fire and Police Training Academy" shall be the name of the buildings and grounds now known as the "Vermont Police Academy and Fire Service Training Facility" in Pittsford.

* * *

Sec. 41. 24 V.S.A. � 71a(a) is amended to read:

(a) Except as provided herein, each county shall provide and own a suitable courthouse and keep such courthouse suitably furnished and equipped for use by the superior court and probate court, together with suitable offices for the county clerk *[~~and~~]* , assistant judges and probate judges. Office space for the probate court may be provided elsewhere by the county. Each county shall provide fireproof safes or vaults for the safekeeping of the official files and records required to be kept by county officials, including the files and records of a justice of the peace who has vacated his or her office. Use of the county courthouse by the supreme court, district court, *[~~probate court,~~]* family court or the traffic and municipal ordinance bureau may be permitted by the assistant judges when such use does not conflict with the use of the building by the superior court, provided that the office of court administrator shall pay the cost of any such use should the assistant judges choose not to pay the cost by use of county funds.

Sec. 42. COUNTY COURTHOUSE FUNDING

The office of court administrator shall implement the finance provisions of section 71a(a) of Title 24 for which the office is responsible, by reallocating funds currentlyprovided within the judiciary budget for counties to give greater assistance to counties which house family and district court and traffic and municipal ordinance bureau functions.

Sec. 43. 29 V.S.A. chapter 8 is added to read:

CHAPTER 8. CAPITOL AREA STUDY COMMISSION

� 210. POLICY

The general assembly finds it to be in the interest of the state of Vermont and the city of Montpelier to cooperate in planning for the future growth of the capital city. This cooperative venture shall seek to optimize potential uses of the geographically confined area of downtown Montpelier.

� 211. CAPITOL AREA STUDY COMMISSION

(a) Commission created.

A capitol area study commission is created with the duties and composition provided by this section.

(b) Commission duties.

(1) Land use and development master plan.

(A) The commission shall consider the preparation of a master plan for land use and development within the downtown area of the city of Montpelier, which shall be known as the "Capitol Area District". The boundaries of the area may encompass: the state capitol complex created by chapter 6 of this title; state-owned property located within the city outside the capitol complex; and other portions of the city as designated by the capitol area study commission. The plan may be based on an analysis of land use and development demands of the state within the capitol area district, including a five and a 10-year projection of these demands into the future. The plan and its analysis of land use and development demands may also account for possible uses of areas outside the city of Montpelier, including the towns of Berlin, Middlesex, Barre City and Barre Town, and Waterbury through the use of computerized systems and satellite locations for offices that do not need to be in the immediate area of the capitol area district or city of Montpelier; however, none of the state funds appropriated to help implement this chapter shall bespent to study uses outside of the city of Montpelier.

(B) The objective of the plan shall be to guide future decisions by the executive and legislative branches of state government, and by Montpelier city government, in formulating and adopting capital construction plans and projects, including the space needs of all state agencies, in particular the agency of transportation, municipal land use plans and zoning bylaws, and appropriations of public funds, as these decisions pertain to the capitol city district. The force and effect of the plan shall be advisory only to state government and to Montpelier city government, and shall not diminish the respective powers and responsibilities of these public entities.

(C) The commission may be aided with its tasks by staff and other professional support as provided by section 212 of this title.

(2) Reports and recommendations.

The commission shall make a preliminary report to the house and senate institutions committees and to the Montpelier city council by January 15, 1996 concerning its work in progress. The commission shall make a final report to the house and senate institutions committees and to the Montpelier city council by January 15, 1997. The final report may consist of a proposed master plan for the capitol area district.

The commission shall consist of eight members: The Vermont commissioner of state buildings; the chair of the senate institutions committee; the chair of the house institutions committee or his designee; the mayor of Montpelier; J. Paul Giuliani, a Montpelier resident; the chair of the Montpelier Conservation Commission, an entity which has been created by the Montpelier city council; the senior senator from Washington county; and a person appointed by the chair of the senate institutions committee. The chair of the commission shall be the chair of the senate institutions committee. Legislative members of the commission shall be entitled to compensation and reimbursement pursuant to section 406 of Title 2.

� 212. STAFF; OTHER PROFESSIONAL SUPPORT; AND CONTRACTS

(a) As a condition of the appropriation contained in this act, and notwithstanding anycharter provision to the contrary, the Vermont commissioner of state buildings, the Vermont secretary of transportation, the Montpelier city manager, and the Montpelier city planning commission, may provide staff support to the commission, in a manner and to the extent requested by the commission.

(b) The commission is authorized to retain professional consultant assistance with the preparation of the master plan and its demand analysis, commission findings and recommendations, and related commission duties.

(c) The commission is authorized to enter into financial contracts and agreements necessary to carry out the purpose of this chapter.

� 213. USE OF STATE APPROPRIATION

The sum of up to $40,000.00, appropriated to the department of state buildings by Sec. 1(a)(2) of the 1995 Capital Construction Act (1996 fiscal year), shall be available for use by the commission to implement the provisions of this chapter, provided the sum is matched dollar-for-dollar by funds appropriated or otherwise made available by the city of Montpelier or other sources except for other state funds. The use of all state, city and other funds shall be determined by the commission. All funds shall be accounted for and disbursed by procedures approved by the commission.

� 214. SUNSET

This chapter shall be repealed on July 1, 1997.

Sec. 44. 24 V.S.A. � 4753(d) (revolving loan funds) is amended to read:

(d) Funds from the Vermont environmental protection agency pollution control fund and the Vermont pollution control revolving fund, established by subdivisions (1) and (2) of subsection (a) of this section, *[~~shall~~]* may be awarded *[~~only~~]* for the construction of a new or an enlarged waste water treatment plant with a resulting total capacity of 250,000 gallons or more per day *[~~as provided by~~]* in accordance with the provisions of this chapter and section 1626 of Title 10.

Sec. 45. 10 V.S.A. � 6603c(a)(1) (grants and loans for waste management) is amended to read:

(a)(1) The secretary may issue grants to a municipality or a group of municipalitiesorganized as a solid waste management district or acting through or as a regional planning commission for up to 40 percent of the cost of construction of facilities proposed in, or equipment required:

* * *

(B) to implement a *[~~plan approved by the agency of natural resources under section 6603b(a) of this title~~]* solid waste management plan that the secretary has determined is consistent with the provisions of the state waste management plan, is in conformance with any regional or adopted municipal plan, and is consistent with the requirements of this chapter.

Sec. 46. 10 V.S.A. � 1265a is added to read:

� 1265a. HOLDING TANKS

(a) The secretary shall approve the use of sewage holding and pumpout tanks, including tanks made of plastic, when he or she makes affirmative findings that:

(1) the building or buildings to be serviced by the holding tank are existing or proposed buildings which are or will be publicly owned,

(2) the plan for construction and operation of the holding tank will not result in a public health hazard or environmental damage,

(3) economically feasible means of meeting current standards are significantly more costly than sewage holding and pumpout tanks, and

(4) the daily flows do not exceed 600 gallons per day.

(b) The secretary shall make the findings required by subsection (a) of this section within 30 days of receipt of an application for permission to use a sewage holding and pumpout tank.

Sec. 47. COMMITTEE TO STUDY CONFIDENTIALITY OF PERSONAL

INFORMATION

(a) A committee to study confidentiality of personal information is created to review and make recommendations to the general assembly regarding the collection and maintenance of personal information by the executive and judicial branches of state government.

(b) The committee shall consist of the court administrator and a representative from the office of the attorney general and the agency of administration.

(1) The types of personal information, such as Social Security numbers, dates of birth, and financial information, that is collected in records, forms, and files used and maintained by the executive and judicial branches, and whether it is available for public use, inspection, copying and review.

(2) What kind of personal information is currently required to be collected and maintained by state or federal laws or court rules.

(3) What kind of personal information should continue to be collected because of a necessary and compelling government function, and if collected whether it should be available for public inspection, review and use.

(4) What protocols are needed to differentiate between the kinds of personal information that should be kept confidential, restricted to access by specified persons only, or made available to the public.

(5) What state laws should be amended or repealed in order to improve the protection of confidential personal information.

(6) What current practices should be changed in order to improve the protection of confidential personal information.

(d) The committee shall, during the 1995 interim, coordinate its activities with those of the House government operations interim study of public records policy and practice. The committee shall establish a mutually acceptable arrangement for this purpose with the House government operations committee as soon as possible during the 1995 interim.

(e) No later than December 15, 1995, the committee shall file a report containing its findings, recommendations, and proposal for implementation with the House and Senate committees on judiciary, government operations, and institutions.

Sec. 48. Sec. 18(b)(1) of Act No. 233 of the Acts of 1993 (Adjourned Session) is amended to read:

(1) zebra mussel controls utilizing conventional or innovative

technologies, including plasma sparker technology , Edgar Weed Fish

Culture Station, Grand Isle $ 2,000,000.

Sec. 49. Sec. 19(b) of Act No. 233 of the Acts of 1993 (Adjourned Session) is amended to read:

(b) Water supply.

State grants and loans for potable water supply facilities construction

as authorized by chapter 55 of Title 10 and chapter 120 of Title 24; the department

of environmental conservation shall process applications from municipalities

for a waiver sought under the federal Safe Drinking Water Act, surface water

treatment rule, as provided by section 1683 of Title 10. Up to $1,300,000 of this

appropriation may be awarded for the construction of zebra mussel controls

utilizing conventional or innovative technologies, including plasma sparker

technology to protect existing municipal water systems eligible for state assistance

under section 1624 of Title 10, which draw water supplies from Lake Champlain.

Upon written request by letter from the Lake Champlain coalition of water

suppliers, as constituted as of the effective date of this act, the attorney general is

hereby authorized and shall provide legal consultation and advice to the coalition

about potential patent claims arising as a result of zebra mussel control activities,

notwithstanding any provisions of law to the contrary. This authorization shall

include consulting with the coalition on risk management and risk shifting, assisting

the coalition in efforts to devise a coordinated strategy for defending patent claims.

The assistance shall also include such other matters as agreed to by the coalition and

the attorney general. Small water systems estimated to qualify for increased

financial assistance under section 1624 of Title 10 for zebra mussel control shall

receive such assistance whether or not actual project costs and data correspond to the

original estimates: *[~~$ 1,810,000.~~]* $ 1,514,000.

Sec. 50. PLAN FOR TREATMENT OF EURASIAN MILFOIL

The department of environmental conservation shall, in cooperation with the respective lake associations, prepare a plan for the chemical treatment of Eurasian milfoilon Lake Bomoseen in Castleton, Burr Pond in Sudbury, and Lake Hortonia in Sudbury, and submit to the Legislature by January 15, 1996, a report which at a minimum shall contain:

(1) A proposal for chemical treatment of Eurasian milfoil, consistent with section 1263a of Title 10.

(2) A summary of the public reaction to advertisement of that proposal in a manner equivalent to the public notice and review criteria required for the award of an aquatic nuisance control permit, and at least one public information meeting shall be held in the development of the plan.

(3) A proposal for funding the project.

(4) A summary and analysis of the experience of other states in the application of the selected chemical and impacts on public health and non-target species.

(5) An analysis of the advantages and disadvantages of using chemical treatment.

Sec. 51. 29 V.S.A. � 802(b)(4) is amended to read:

(4) In St. Johnsbury, "Northeast *[~~State~~]* Regional Correctional Facility."

Sec. 52. USE OF D-WING OF NORTHWEST STATE CORRECTIONAL FACILITY;

STUDY

The commissioners of the departments of corrections and mental health and mental retardation and the defender general shall by January 15, 1996 jointly study and propose legislation to the senate and house institutions committees addressing issues of classification, treatment and maximum length of solitary confinement of correctional inmates diagnosed with one or more mental health disorders in the custody of the commissioner of corrections. The study shall include an examination of whether the department of corrections shall release on a monthly basis the names and length of stay of inmates in close custody in D-wing of the Northwest State Correctional Facility to the defender general and to the commissioner of mental health and mental retardation.

Sec. 53. LEGISLATIVE STUDY OF FUTURE CORRECTIONS POLICY

(a) A legislative study committee is hereby created to examine the possible impact on future state corrections policy and practice, of findings of recent scientific and academicresearch in the field of human personal and social behavior. The committee shall examine the development of a formal relationship between the department of corrections and the University of Vermont in the research and evaluation of models of correctional treatment and program and facility design. The committee shall examine the potentials for funding for such research.

(b) The committee shall consist of ten members: the chairs or their designees of the senate and house committees on institutions and health and welfare; one other member of each of these standing committees chosen by the respective standing committee chair; one other senator appointed by the president pro tempore; and one other member of the house appointed by the speaker of the house. The committee may meet up to six times during the 1995 interim, and committee members shall be entitled to compensation and reimbursement pursuant to section 406 of Title 2.

(c) The commissioners of the departments of corrections and of mental health and mental retardation and the dean of faculty of the University of Vermont shall cooperate with and assist the committee. The committee shall be staffed by legislative council staff.

(d) The committee shall report results of its study to the senate and house committees on institutions and health and welfare by January 15, 1996.

Sec. 54. 10 V.S.A. � 321(c) (powers and duties of Vermont housing and conservation board) is added to read:

(c) The board shall inform all grant applicants and recipients of funds derived from the annual capital appropriations and state bonding act of the following: "The Vermont Housing and Conservation Trust Fund is funded by the taxpayers of the State of Vermont, at the direction of the General Assembly, through the annual Capital Appropriation and State Bonding Act." An appropriate placard shall, if feasible, be displayed at the location of the proposed grant activity.

Sec. 55. IMPACT FEES; TOWN OF BRATTLEBORO

No impact fees which are the responsibility of the agency of transportation shall be paid to the Town of Brattleboro from any appropriation contained in Act No. 233 of the Acts of 1993 (Adjourned Session), or from any previous and subsequent annual capitalconstruction act.

Sec. 56. 21 V.S.A. � 503 is amended to read:

� 503. VENDING MACHINES

If it is determined by the *[~~division~~]* department of aging and disabilities and the department of state buildings that a vending facility is not economically feasible in a particular location, vending machines may be placed in that location. Contracts shall be awarded by the *[~~division~~]* department of aging and disabilities in accordance with the procedures set forth in 29 V.S.A. � 161, notwithstanding the *[~~$5,000.00~~]* $50,000.00 limitation therein.

Sec. 57. Sec. 2(c)(7) of Act No. 233 of the Acts of 1993 (Adjourned Session) is amended to read:

(7) Williston and Burlington; fit-up of state office building in Williston for use as the regional office of the department of motor vehicles (DMV), which is now located

on North Avenue in Burlington, and for use by the department of fish and wildlife. The highway entrance to and traffic circulation within the Williston office site shall segregate access and use required by police and other emergency vehicles, from access and use by vehicles of persons seeking DMV services, including driver's license road tests. The DMV and the agency of human services are authorized to transfer state personnel and to take other administrative actions necessary to accomplish the state office relocations concerned. *[However, the Williston site shall not be occupied by the DMV until the Town of Williston is added to the area served by public buses of the Chittenden County Transit Authority, including specifically the new DMV site]*: $ 240,000.

Sec. 58. 16 V.S.A. � 3448d is amended to read:

� 3448d. CONSTRUCTION AID FOR APPROVED REGIONAL TECHNICAL

CENTERS

(a) A school district which manages a regional technical center, as defined in subdivision 1522(4) of this title, may receive an award for 100 percent of the cost of construction of a new technical center building, alteration or addition to an existing technical center building or purchase of a new building to house an area technical centerprovided that the project was approved under section 3448 of this title and meets all of the following requirements:

(1) It is recommended by the regional advisory board.

(2) It is approved by the electorate in the school district.

(3) The state board finds that:

(A) The project falls within the schedule established by the state board for technical center construction in order of priority.

(B) The educational specifications for the project adequately address the following:

(i) the need to replicate up-to-date workplaces;

(ii) flexibility of classroom space;

(iii) the need for up-to-date telecommunications capabilities;

(iv) adult training and retraining; and

(v) that the technical center is suitable for the proposed curriculum and meets all lawfully established standards so as to serve the largest number of pupils.

(C) The project or part of the project fulfills regional needs for technical education facilities which cannot be met reasonably by another means.

(D) The project replaces or upgrades facilities which are inadequate to provide programs required by state or federal law or regulations, or which consume excessive energy resulting from the design characteristics of the building, or because facility conditions are unsafe or threaten the health of students or employees.

(E) The project is designed to provide the necessary facilities in an economical and efficient fashion.

(b) Unless otherwise determined by the general assembly, the state board may approve no more than one significant proposal every three years for state financial assistance under this section. However, the state board may approve one or more projects for funding under this section in each year of the two intervening years, provided that the total cost of the project or projects does not exceed $500,000.00. Priorities for such projects in the intervening years shall be included in the schedule established insubdivision (a)(3)(A) of this section. Applications for awards during the intervening years must be submitted on or before November of the fiscal year proceding the commencement of construction.

(c) Technical center projects not eligible for 100 percent aid under this section may be eligible for aid under section 3448(a) of this title if such projects meet the criteria thereunder.

(d) The state board may adopt rules for the implementation of this section.

Sec. 59. 24 V.S.A. � 1758 is amended to read:

� 1758. CONDUCT OF MEETINGS

(a) Meetings of voters in municipal corporations under this subchapter shall be conducted in the same manner as the annual city and town meetings are conducted. The qualifications of voters at such meetings shall be the same as the qualifications of voters at annual city and town meetings. The vote on the question of issuing bonds for such improvements shall be by Australian ballot. The form of the ballot to be used shall be substantially as follows:

I. Shall the bonds of the .......... of ........ in an amount not to exceed ........ be issued for the purpose of ..................?

If in favor of the bond issue, make a cross (x) in this square G.

If opposed to the bond issue, make a cross (x) in this square G.

In the discretion of the legislative branch, the form of the ballot may also state the maximum rate of interest to be paid on the bonds, in which case the form of the ballot to be used shall be substantially as follows:

I. Shall bonds of the ........ of .............. in an amount not to exceed ........ bearing interest at not to exceed ............... percent, be issued for the purpose of ..................?

If in favor of the bond issue, make a cross (x) in this square G.

If opposed to the bond issue, make a cross (x) in this square G.

(b) If a school board submits to its voters the proposition of incurring a bonded debt to pay for an improvement, the form of the ballot shall be as set forth in subsection (a) above but, if the entire costs of the improvement are not eligible for state construction aidpursuant to chapter 123 of Title 16 because the costs exceed the maximum allowed by formula established by the state board of education, the above-referenced ballot text shall be preceded by the following introductory sentences:

The school board (or if by petition, "petitioners") proposes to incur bonded indebtedness for the purpose of at the estimated total project cost of $ . It is estimated that % of the project will not be eligible for state school construction aid because its (unit costs and/or allowable space) cause it to exceed the maximum cost for state participation under the State Board of Education's formula for school construction. Therefore, the % of the project that is estimated to be ineligible under the formula shall be built at 100 % school district cost without state participation. The cost of the portion of construction which is ineligible under the formula is $ .

(c) A public informational hearing adhering to the requirements of section 2680(g) of Title 17 shall be held to discuss the proposition of a school district incurring a bonded debt to pay for an improvement. At such hearing, the school board shall distribute to the participants a written estimate of the percentage of the costs of the improvement that will not be eligible for state school construction aid because its unit costs and/or allowable space cause it to exceed the maximum cost for state participation under the state board of education's formula for school construction.

Sec. 60. REPEAL

16 V.S.A. �� 3457 and 3457a (special education construction) are repealed.

Sec. 61. SCHOOL CONSTRUCTION AID; REPEAL; GRANDFATHER

(a) On March 15, 1996, two months following receipt of a legislative study on school construction which will recommend revisions to state capital construction aid statutes and rules, section 1758(b) and (c) of Title 24 and the following sections of Title 16, relating to capital construction and capital debt service aid to school districts and all rules adopted thereunder, are repealed: 563(21), 3441(9)(A), 3441(14), 3447, 3448, 3448a, 3448b, 3448c, 3448d and 3450. If by September 1, 1996, the 1995 adjourned session of the general assembly has not enacted new law governing state school construction and capital debt service aid, the sections of Titles 24 and 16 repealed by this section, and all rulesadopted thereunder, are hereby reenacted in the form in which they existed on March 14, 1996. The portions of projects deemed by the board during the period between March 15 and September 1, 1996 to be emergency projects as provided by Sec. 8(d) of this act or section 3448(e) of Title 16, shall be eligible for construction aid and capital debt service aid under the provisions repealed by this subsection.

(b) Any school district, which prior to March 15, 1996 voted funds or issued bonds as required by section 3448(a)(1) of Title 16 and is otherwise eligible to receive aid for capital construction or capital debt service under chapter 123 of Title 16, shall receive construction aid and debt service aid pursuant to sections of law repealed by subsection (a) of this section.

(c) A project approved by the voters prior to March 15, 1996 that is subject to a petition for reconsideration pursuant to section 2661 of Title 17 and approved upon reconsideration after March 15, 1996 shall be considered to have been approved prior to March 15, 1996.

(d) A school district which has voted funds or issued bonds within the time frames set forth in subsections (b) and (c) of this section shall not be eligible for state assistance for the same or similar public improvements under statutes or regulations different from those in effect on March 14, 1996.

Sec. 62. 16 V.S.A. � 563(21) is added to read:

(21) Shall have the authority to engage in short-term borrowing to cover the costs incurred from any delays in state construction aid awards.

Sec. 63. LEGISLATIVE STUDY; SCHOOL CONSTRUCTION

(a) A joint committee is hereby created, consisting of the chairs or their designees, of the senate and house appropriations, education, government operations and institutions committees, to study the impact of existing statutes, policies, standards and rules on the funding of state aid for school construction. The scope of the study shall include:

(1) An inventory of the school buildings in Vermont, including an assessment of the needs of each facility to ensure it is adequate to accommodate the programs and services required to be offered therein and a listing of buildings in order of priority ofneed for alteration, addition or new facilities.

(2) A review of existing state board of education school construction rules with recommendations for revision. At minimum, the review shall include consideration of:

(A) Whether the public school approval standards and other rules should require prior to the approval of a project a feasibility study by the applicant school district of the use of new technologies such as distance learning, the use of existing facilities, including other municipal buildings, or consolidation of resources within or between school districts.

(B) Whether the rules should require a school district's educational specifications to demonstrate the connection between the proposed project and improved student performance.

(C) Whether the rules should address the financial capacity of the school district to afford the kind or quality of project proposed by the school board.

(D) Whether the existing Capital Outlay Formula requires revision.

(E) The impact on space requirements of new learning technologies.

(3) A review of existing statutes governing the award of state school construction aid with recommendations for revision. At minimum, the review shall include consideration of whether state school construction aid should be:

(A) Awarded entirely through debt service.

(B) Linked to the wealth of a school district.

(D) Whether the state should pay any of the cost to school districts of temporary borrowing to cover delays in state construction aid awards.

(4) Presentation of a five to ten-year school construction plan based upon the above-mentioned priorities accompanied by a three-year estimated expenditure plan.

(b) The joint committee shall report its findings and recommendations to the general assembly by January 15, 1996. Committee members shall be entitled to compensation and reimbursement pursuant to section 406 of Title 2. The committee shall be staffed by legislative council staff and the joint fiscal office and shall receive assistance andcooperation from the commissioner of education and other agencies of state government.

Sec. 64. BURLINGTON COMMUNITY LAND TRUST

Notwithstanding any provision of law to the contrary, the Burlington Community Land Trust (BCLT) shall not be liable for damages, costs or responsibilities associated with further cleanup, environmental mitigation, monitoring or testing in connection with its ownership of real property, together with any improvements thereon, formerly known as the Klinkostein Estate property, upon BCLT acquiring title to this property, on the condition that the land trust shall to the satisfaction of the commissioner of environmental conservation fully comply with implementation of the environmental mitigation plan prepared for this site as approved by the commissioner. The plan at a minimum shall address the issues set forth in a memorandum dated March 27, 1995, from the executive director of the Burlington Community Land Trust to the chair of the senate institutions committee and on file with the office of the legislative council. No legal action of any kind whatsoever shall be brought by the state of Vermont against BCLT, or its officers, employees, or agents concerning its environmental mitigation plan, and compliance therewith, unless specifically authorized in advance by the commissioner of environmental conservation, who shall retain control of any legal action so authorized in the name of and on behalf of the state of Vermont.

* * * Effective Date * * *

Sec. 65. EFFECTIVE DATE

This act shall take effect from passage.

Approved: April 26, 1995