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NO. 148. AN ACT RELATING TO CAPITAL APPROPRIATIONS AND STATE BONDING.

(H.761)

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

* * * Appropriations * * *

Sec. 1. STATE BUILDINGS

The sum of $7,803,501 is appropriated to the department of buildings and general services for:

(a) Activities within the Capitol Complex:

(1) State House:

(A) Dome repairs; main lobby and corridors, finish

renovations; up to $132,000 of the appropriation shall be used

to match funds from the Friends of the Vermont State House

for main lobby and corridors, including furniture restoration.

No carpet shall be purchased for the senate chamber unless

authorized by majority vote of the senate: $ 282,000.

(B) Fire alarm enhancement: $ 7,500.

(C) East entrance, electronic card access after

business hours: $ 5,000.

(2) 133 State Street, life safety improvements: $ 150,000.

(3) to assist with measures to reduce skateboard damage

and vandalism to the State House and its grounds; the expenditure

of $5,000 of the appropriation is contingent on the availability of

anticipated receipts designated for use for this purpose by Sec. 22

of this act. Before releasing any of the funds appropriated to assist

with the construction of a skateboard park, the commissioner of

buildings and general services and the sergeant at arms shall be

reasonably assured that the expenditure will reduce skateboard-

related damage to the State House and its grounds: $ 10,000.

(b) Activities at various locations:

(1) Burlington, probation and parole offices, 50 Cherry Street,

purchase and renovate; $50,000 of the appropriation shall be used

for fit-up of the Chittenden County Special Investigation Unit: $ 1,540,000.

(2) Newport, state office building and waterfront, site

acquisition and construction; including the acquisition of easements

to the "J.J. Newberry" property located at the intersection of Main

Street and North Avenue adjacent to the state office building property,

for the purpose of locating subterranean anchors from the state office

building: $ 1,994,000.

(3) Randolph, Vermont Veterans' Cemetery, chapel planning

and construction: $ 70,000.

(4) Pittsford:

(A) Police Academy, gymnasium improvements, ongoing

painting: $ 70,000.

(B) Fire Service Training Council, burn building replacement

construction: $ 230,000.

(5) Waterbury, state complex, Agricultural and Environmental

Laboratory, air conditioning and handling modifications: $ 375,000.

(c) Springfield, Massachusetts, Eastern States Exposition Building,

repairs and improvements: $ 35,000.

(d) Statewide activities:

(1) Architectural barrier removal: $ 350,000.

(2) Contingency fund; the expenditure of $20,000 of the

appropriation is contingent on the availability of anticipated receipts

designated for use for this purpose by Sec. 22 of this act: $ 440,000.

(3) Indoor air quality improvements: $ 50,000.

(4) Major maintenance. Of the total appropriation, $100,000

shall be reserved for use by the Town of Brandon to extend town

infrastructure from the Brandon Industrial Park to the adjacent industrial

site to accommodate industrial plant expansion on that site. Should

this infrastructure expansion not be needed, the $100,000 reserved is

authorized for use for major maintenance of state buildings and

facilities. The commissioner of buildings and general services shall

report which use is made of such $100,000 to the house and senate

committees on institutions: $ 2,170,000.

(5) Planning: $ 25,000.

(e) The commissioner of buildings and general services may authorize the demolition and removal of the Andrews Building at the former Weeks School in Vergennes by the Northland Job Corps, provided that such activity is paid for entirely by federal funds.

(f) The sum of $1 is appropriated to the department of buildings and general services to assist with the foot trail project authorized by this subsection. The commissioner of buildings and general services is authorized to design and engineer a foot trail over the state-owned wooded hillside behind the State House, from a point at the rear of One Baldwin Street to the southern boundary of the City of Montpelier Hubbard Park immediately opposite the "tower" structure within the park, subject to the following conditions:

(1) The commissioner of buildings and general services, the Capitol Complex Commission and the Montpelier Park Commission shall, in consultation with the Vermont State Employees' Association approve the trail design, layout and method of construction, and shall assure that the completed trail does not diminish the scenic quality of the hillside.

(2) The trail construction project shall be managed and maintained by the City of Montpelier, which may arrange for construction to utilize resources of the Vermont Youth Conservation Corps.

(3) The commissioner may seek contributions for trail construction from the department of personnel committee on health and wellness and from the Vermont State Employees' Association.

(4) The state forester of Washington County shall develop by September 1, 1998 a forest management plan for the state-owned property behind the State House, which shallbe implemented by the department of buildings and general services, with funds generated from logging to be used to assist with trail construction.

(Total Appropriation -- Section 1 $ 7,803,501)

Sec. 2. INFORMATION TECHNOLOGY; EXECUTIVE BRANCH

Sums are appropriated to the agency of administration for electronic information technology improvements in the following amounts:

(a) Department of taxes:

(1) Partial funding, revenue collection and administration system: $ 2,000,000.

(2) Digital orthophotographic mapping system: $ 100,000.

(b) Department of libraries, Vermont Automated Library System

(VALS) improvements: $ 350,000.

(Total Appropriation -- Section 2 $ 2,450,000)

Sec. 3. HUMAN SERVICES

The sum of $920,000 is appropriated to the department of buildings and general services for the agency of human services for correctional facilities:

(a) Newport, Northern State Correctional Facility, sewer

improvements: $ 175,000.

(b) South Burlington, Chittenden Regional Correctional Facility,

additional security measures; implement building improvements to

enhance security and safety of the staff and the community, after

consultation with the South Burlington Correctional Liaison

Committee: $ 90,000.

(c) New 350-bed correctional facility, state match of federal funds,

site selection and acquisition, and design; including the acquisition of

the so-called "Ho Jo's Pit" parcel adjacent to I-91 and north of the

Howard Johnson and Holiday Inn at the I-91 interchange in

Springfield: $ 50,000.

(d) Various facilities, health and sanitation improvements: $ 475,000.

(e) Waterbury, women's correctional facility, state match of federal

funds, renovate a portion of Vermont State Hospital and Waterbury

complex subject to the conditions of subsection (f) of this section: $ 130,000.

(f) Notwithstanding any provision of law to the contrary, except for expenditures related to planning and design and to heating, ventilation and air conditioning construction, no expenditure shall be made of the appropriation contained in subsection (e) of this section, nor of any matching federal funds, to develop a women's correctional facility in Waterbury, until all conditions of this subsection have been fulfilled and then approved by the general assembly, or by the emergency board (EB), after consultation with the chairs of the house and senate committees on appropriations, health and welfare and institutions, when the general assembly is not in session:

(1) No portion of the Vermont State Hospital (VSH) shall be used as a correctional or treatment facility of any kind for women inmates or detainees, nor shall the number of permanent beds available for mental health patients be reduced to less than 66 beds until approved by the general assembly or EB, pursuant to the following process:

(A) The secretary of human services shall present for such legislative or EB consideration:

(i) evidence that the agency has created and implemented alternate capacity for the care of mental health patients and that the VSH patient census averages 50 patients or below for the preceding 45 days;

(ii) a proposed floor and space utilization plan and design for conversion of space in the Waterbury complex from a facility for mental patients to a facility for women inmates;

(iii) a proposed policy, developed in consultation with the Vermont State Employees' Association, assuring that VSH will provide quality medical and psychiatric care to mental health patients through appropriate staffing levels; and

(iv) any recommendations concerning security, space use and other issues advanced by the town and village of Waterbury, whose elected officials and town manager shall be consulted during the development of space use and design plans.

(B) If all the conditions set forth in subdivision (1)(A) of this subsection havebeen met, the general assembly, or the EB if the general assembly is not in session, may grant the following approvals:

(i) authorizing the secretary to reduce the number of permanent beds at VSH for mental health patients, and approving up to 12 of the remaining beds to be "swing" or reserve beds, provided that the VSH can accommodate the patient census in accordance with applicable mental health standards;

(ii) approving, modifying and approving, or rejecting the proposed conversion of space uses; and

(iii) authorizing the secretary of human services and the commissioner of buildings and general services to convert existing space in the Waterbury complex in accordance with the approved plan for use as a women's correctional facility.

(2) Security. The VSH space utilization plan and design prepared by the commissioner shall include security measures and security enhancements and shall be designed to accommodate women inmates.

(3) Comparable programs. The secretary of human services shall develop a policy and plan to assure that programs and services available to women inmates will be comparable to the programs and services available to male inmates at other state correctional facilities.

(4) The selectmen of the town of Waterbury may call a special town meeting no later than June 2, 1998 to present a plan to the voters of the town, including the village, for a women's correctional facility to be located at the Waterbury complex which has been negotiated by the trustees of the village of Waterbury and the selectmen of the town of Waterbury. This vote shall be by Australian ballot.

(Total Appropriation --Section 3 $ 920,000)

Sec. 4. JUDICIARY

The following sums are appropriated to the department of buildings and general services for:

(a) St. Johnsbury, Caledonia County Courthouse, complete

design and begin construction subject to previous legislative directives;

provided, however, that notwithstanding any previous authorization to

the contrary, no special accommodations shall be included in the project

for any possible future housing of the Community College of Vermont

in the building; space may be provided on the first floor of the building

for the Caledonia County State's Attorney, the Caledonia County

Sheriff's Department, or some other state entity: $ 2,000,000.

(b) Rutland, Rutland Family Court, final design and construction

documents, subject to requirements contained in previous capital

construction acts concerning the collocation of court-related state

services; as a condition of this appropriation:

(1) the court shall be located on state-owned property

adjacent to the existing Vermont District Court on State Street in

downtown Rutland City; and

(2) the court administrator shall pay any cost of housing the

Rutland County Sheriff's Department in quarters not owned by

Rutland County: $ 25,000.

(c) Newfane, Windham County Courthouse, structural and

roof repair: $ 50,000.

(d) North Hero, Grand Isle County Courthouse, improvements: $ 25,000.

(Total Appropriation --Section 4 $ 2,100,000)

Sec. 5. COMMERCE AND COMMUNITY DEVELOPMENT

(a) The sum of $375,000 is appropriated to the department of buildings and general services for the agency of commerce and community development for:

(1) Bennington, Bennington Battle Monument, expand gift shop,

erect interpretative panels and repair outbuildings: $ 40,000.

(2) Plymouth Notch, Historic District; of the total appropriation,

up to $218,000 shall be used to purchase the Plymouth Notch Cheese

Factory, including fixtures, and possibly its cheese formula, and to

replace an oil storage tank; the remaining appropriation amount may

be used to plan and undertake improvements to the sewer and water

systems serving the historic district, including handicapped accessibility

improvements. The cheese factory shall continue to be operated by

the present owner, John Coolidge, until the state develops a marketing

plan and enters into an operating agreement with a third party for

operation or sale of the cheese factory, which shall be completed

by the department of housing and community affairs, in consultation

with the departments of economic development and of agriculture,

food and markets, the Vermont industrial development authority

and sustainable jobs fund, and approved by the general assembly: $ 250,000.

(3) Orwell, Mount Independence Revolutionary War site, trail

construction, state match: $ 25,000.

(4) Handicapped accessibility improvements, Eureka Schoolhouse

in Springfield, Hubbardton Battlefield in Hubbardton, Hyde Log Cabin

in Grand Isle, and Old Constitution House in Windsor: $ 50,000.

(5) Lake Champlain Maritime Museum, develop underwater

preserves sites: $ 10,000.

(b) Sums are appropriated to the agency of commerce and community development for state grants, to be made available on a one-for-one matching basis with funds raised from nonstate sources, in the following amounts. The grants shall be geographically distributed.*[ ]*In awarding a grant, priority consideration shall be given to applicants who demonstrate greater financial need:

(1) Historic Preservation Grant Program, for municipalities and

nonprofit tax exempt organizations, for restoring buildings and

structures: $ 100,000.

(2) Historic Agricultural Buildings Grant Program, for owners

of historic agricultural buildings, for restoration of such structures. If a

grantee sells the property: (i) within one year of the grant award, 100

percent of the grant shall be repaid to the state; or (ii) between one and

five years after the grant is awarded, the amount to be repaid shall be

reduced by 20 percent per year: $ 50,000.

(c) The commissioner of buildings and general services shall in consultation with the director of historic preservation submit to the general assembly by January 15, 1999 a plan addressing the capital requirements of installing a septic system for and to remodel the Fuller House at the site of the Hubbardton Battlefield in Hubbardton.

(Total Appropriation -- Section 5 $ 525,000)

Sec. 6. ETHAN ALLEN'S GRAVE SITE

(a) The sum of $3,000.00 is appropriated to the department of buildings and general services for the division for historic preservation of the agency of commerce and community development to assess and recommend measures necessary to restore and conserve the Ethan Allen Grave and Monument at Green Mount Cemetery, in Burlington.

(b) The division for historic preservation shall, regarding the Ethan Allen Grave and Monument at Green Mount Cemetery in Burlington:

(1) Report by January 15, 1999 to the house and senate committees on institutions the measures necessary, including cost, to restore and conserve the grave and monument pursuant to the assessment authorized by this act.

(2) Include the grave and monument in its publication of state-owned historic sites.

(3) Add to the division budget for state historic sites maintenance, sufficient funds to clean and maintain the grave and monument.

(c) The division for historic preservation shall report by January 15, 1999 to the house and senate committees on institutions the results of an investigation which the division shall undertake to determine the feasibility of returning to Vermont for burial at the Green Mount Cemetery in Burlington the remains of Vermont Militia Senior Major General Ira Allen, described as the "foremost of the founders of the University of Vermont, and one of the band of worthies who by their exertions secured the independence of this and the United States."

(Total appropriation --Section 6 $ 3,000)

Sec. 7. VERMONT HISTORICAL SOCIETY

The sum of $45,000 is appropriated to the Vermont Historical Society, for grants to municipalities and nonprofit tax exempt organizations, to be made available on a one-for-one matching basis with funds raised from nonstate sources, for capital improvements to cultural facilities, including performing arts facilities, museums, historical society buildings and art galleries. The grants shall be geographically distributed. In awarding a grant, priority consideration shall be given to applicants who demonstrate greater financial need.

(Total Appropriation -- Section 7 $ 45,000)

Sec. 8. EDUCATION

Sums are appropriated to the department of education in the following amounts:

(a) State assistance to communities and school districts with

school construction in accordance with provisions of Title 16: $ 10,000,000.

(b) Springfield Vocational-Technical Center; continue design process

already begun, partial development of working drawings and contract

documents to allow for bidding, including architectural and engineering

services, asbestos consulting and exploratory site work and surveying;

the expenditure of any of the funds allocated for the project shall be

contingent upon the approval by the commissioner of education of a

governance agreement concerning operations of the Center, which shall

be executed by members of the Center Collocation Study Committee and

submitted to the commissioner of education by September 15, 1998.

A total of $200,000 is authorized for the project; of this total, $150,000

shall be allocated from the appropriation of subsection (a) of this section;

expenditure of the remaining $50,000 is contingent on the availability

of anticipated receipts designated for use for this purpose by Sec. 22

of this act: $ 50,000.

(c) Of the appropriation of subsection (a) of this section, $100,000

shall be used for state assistance to regional technical education centers

with the purchase of educational program equipment, to be distributed in

equal amounts to each center with no local matching funds required.

(d) Of the appropriation of subsection (a) of this section, $25,000

shall be allocated to Vermont interactive television for use for equipment

upgrades and maintenance.

(Total Appropriation --Section 8 $10,050,000)

Sec. 9. NORTH COUNTRY EDUCATION AND EMPLOYMENT CENTER;

FACILITY DESIGN

(a) The sum of $50,000 is appropriated to the department of education to supplement funds appropriated by the general assembly to the department of education for technical and career education, for use by the planning committee created by subsection (d) of this section to begin program development and design of the facility for the North Country Education and Employment Center as provided by this section, consistent with the goals of the career and lifelong learning program of the department, and to plan the physical quarters required by the center.

(b) The study shall examine the feasibility of housing at one site related offices or programs of the North Country career development center, the departments of education and of employment and training, the community college of Vermont, Vermont adult learning, and Vermont Student Assistance Corporation. The objective of these four participating organizations shall be to provide North Country residents with coordinated high school, vocational, technical and occupational training, plus post-secondary educational opportunities, in conjunction with assistance to individual program clients with the transition from classroom education to workplace employment, including on-the-job training opportunities and job placement services.

(c) A preliminary plan for obtaining, renovating, and operating quarters for the center shall be submitted by January 15, 1999, to members of the house and senate committees on education and on institutions.

(d) A North Country Education and Employment Center planning committee is created, which shall be responsible for implementing this section. The committee shall consist of: the director of the North Country Career Development Center; thecommissioners of education, employment and training, and agriculture, food and markets, or their designees; the secretary of human services or his or her designee; the chancellor of the Vermont State Colleges; and the executive director of the Vermont Student Assistance Corporation, or their designees; a representative of Vermont Adult Learning (Vermont Institute for Self-Reliance, Inc.); and one representative each, selected by the respective legislative bodies of the City of Newport and the Town of Derby. The committee shall elect a chair from among its members. The commissioner of education or his or her designee shall convene the first meeting and provide administrative support for the committee. This committee may designate portions of its tasks to and shall confer with the Industrial Development Education Action Committee.

(Total Appropriation --Section 9 $ 50,000)

Sec. 10. UNIVERSITY OF VERMONT

The following sums are appropriated to the department of buildings and general services for the University of Vermont for:

(a) Waterman Building, renovations: $ 3,000,000.

(b) Fleming Museum, install climate control system: $ 50,000.

(Total Appropriation -- Section 10 $ 3,050,000)

Sec. 11. VERMONT STATE COLLEGES

The sum of $1,025,000 is appropriated to the department of buildings and general services for the Vermont State Colleges for various facilities:

(a) Roof repair and replacement: $ 125,000.

(b) Fuel tank replacement: $ 158,000.

(c) Major maintenance: $ 203,000.

(d) Equipment purchases: $ 539,000.

(Total Appropriation -- Section 11 $ 1,025,000)

Sec. 12. VERMONT PUBLIC TELEVISION

The sum of up to $500,000 is appropriated to the department of buildings and general services for Vermont Public Television to purchase and install a statewide digital microwave broadcast system. Of the total appropriation, $175,000 shall be funded fromproceeds of bonded funds pursuant to the bond authorization of this act. The expenditure of the remaining sum of up to $325,000 authorized is contingent on the availability of anticipated receipts designated for use for this purpose by Sec. 22 of this act.

(Total Appropriation -- Section 12 $ 500,000)

Sec. 13. NATURAL RESOURCES

(a) The sum of $795,000 is appropriated to the agency of natural resources for:

(1) Dam maintenance, the Adams Reservoir Dam in

Woodford: $ 200,000.

(2) The department of fish and wildlife, Bald Hill Fish Culture

Station in Newark, improve water supply and stock culture

facilities: $ 195,000.

(3) The department of fish and wildlife, in consultation with the

Lake Champlain Walleye Association and other interested parties shall:

(A) by July 1, 1998, develop and have in place a Lake

Champlain walleye management plan to address resource management

issues, concerns and goals; and

(B) by January 1, 1999, implement a Lake Champlain walleye

restoration plan.

(4) The department of forests, parks and recreation:

(A) St. Albans, St. Albans Bay State Park, sea wall and

dock repair, plus other health, safety or handicapped access

improvements: $ 25,000.

(B) Various state parks, water supply system

improvements: $ 235,000.

(C) Barton, Crystal Lake State Park, acquire house; the

commissioner of forests, parks and recreation is authorized to spend

up to $72,000 for this acquisition, for which purpose the commissioner

is authorized to use up to $22,000 from other resources available to

the agency of natural resources: $ 50,000.

(D) Hartford, Quechee State Park, construct toilet facilities,

and make related improvements; the commissioner of forests, parks

and recreation is authorized to spend up to $80,000 for this project,

for which purpose the commissioner is authorized to use up to $30,000

from other resources available to the agency of natural resources: $ 50,000.

(E) For use by the Vermont Youth Conservation Corps, Inc.,

to assist with the cost of building lean-tos in state parks, using Vermont

materials whenever possible: $ 40,000.

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

(1) Water supply, state assistance as authorized by chapter

55 of Title 10 and chapter 120 of Title 24 for potable water supply

facilities construction; of the total appropriation, up to $2,600,000 shall

be awarded as a grant to the City of Montpelier to supplement previous

state assistance with water supply facility construction: $ 4,300,398.

(2) Pollution control:

(A) State assistance as authorized by chapter 55 of Title 10

and chapter 120 of Title 24, for water pollution control and combined

sewer overflow facility construction: $ 6,211,792.

(B) Vermont National Guard, in Fair Haven, sewer extension,

to be awarded as a grant; this appropriation and any applicable grant is

conditional upon the following:

(i) The Board of Armory Commissioners shall convey to

the City of Rutland a right of first refusal on the Vermont National Guard

lands and buildings on Pierpoint Avenue in Rutland City. The city shall

have 18 months from the date the property is announced for sale to exercise

the right of first refusal. Such right of first refusal shall apply to any sale,

lease, gift or transfer of this property or any rights thereto to any party,

excluding transfers which result in jurisdiction or use of the property by

any agency, department or subdivision of the state of Vermont;

(ii) Prior to offering the Pierpoint Avenue property for sale

the Board of Armory Commissioners shall convey to the City of Rutland

a right-of-way across such property for public use as a bicycle path;

(iii) Any deed conveying the Pierpoint Avenue property to

the City of Rutland, or to any party, shall include a covenant running

with such property that the property shall not be used for any correctional

facility; and in addition, any future use of the property, whether for a

private or a state or municipal public use, shall comply with city land use

and zoning requirements: $ 100,000.

(c) The following sum is appropriated to the agency of natural

resources for use by the Green Mountain Club, Inc. for procurement,

in fee simple or by permanent easement, conservation easement or

protective easement, of strategic properties along the 265 miles of

the Long Trail, subject to the conditions of subsection (d) of this

section; the expenditure of $50,000 of this appropriation is contingent

on the availability of anticipated receipts designated for use for this

purpose by Sec. 22 of this act: $ 350,000.

(d) 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 appropriated by subsection (c) of this section. Negotiations and agreements shall be made on a willing seller-willing buyer basis. None of the appropriation of subsection (c) of this section shall be used to support the acquisition of land by eminent domain. Any easements acquired shall be recorded in a deed from the landowner to the state of Vermont and may not be changed without agreement by both parties.

(Total Appropriation -- Section 13 $ 11,757,190)

Sec. 14. MILITARY

The sum of $100,000 is appropriated to the military department for Camp Johnson in Colchester, to install a woodchip-fired boiler system.

(Total Appropriation -- Section 14 $ 100,000)

Sec. 15. VERMONT VETERANS' HOME

The sum of $150,000 is appropriated to the department of buildings and general services for the Vermont Veterans' Home in Bennington to renovate C Wing unit. Of the total appropriated, 65 percent, or $97,500, is expected to be reimbursed by the federal government. Such reimbursed funds shall be reallocated by the general assembly in a future capital construction act for future capital improvements to the Vermont Veterans' Home.

(Total Appropriation -- Section 15 $ 150,000)

Sec. 16. DISPATCHING; PUBLIC SAFETY

(a) The sum of $222,000 is appropriated to the department of buildings and general services for the department of public safety for buildings renovations and construction to accommodate future dispatching operations:

(1) Rockingham, state police office dispatch area, including office

consolidation: $ 52,000.

(2) Rutland, state police office dispatch area, including office

consolidation: $ 170,000.

(b) The public safety answering point in the Northeastern region shall be in the Newport or Derby area.

(Total Appropriation --Section 16 $ 222,000)

Sec. 17. TRANSPORTATION

(a) The sum of $650,000 is appropriated to the department of buildings and general services for the agency of transportation for:

(1) Burlington, department of motor vehicles office, 1193

North Avenue, renovation: $ 400,000.

(2) Waitsfield, highway garage complex, construction: $ 100,000.

(3) Newport or Derby area, phase one, acquire property and begin

the consolidation into one shared office space, the now separate offices in

Derby of the agency of transportation and the department of public

safety: $ 150,000.

(b) A sign shall be installed at the entrance to the aircraft hangar located at the agency of transportation district 6 headquarters at the E.F. Knapp Airport in Berlin which identifies the structure as the "Mac L. Stevens Memorial Hangar", pursuant to section 821 of Title 29.

(Total Appropriation -- Section 17 $ 650,000)

Sec. 18. AGRICULTURE

The sum of $750,000 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. The expenditure of $50,000 of this appropriation is contingent on the availability of anticipated receipts designated for use for this purpose by Sec. 22 of this act.

(Total Appropriation -- Section 18 $ 750,000)

Sec. 19. MUNICIPAL AND NONPROFIT ORGANIZATIONS

The following sums are appropriated to the department of buildings and general services for projects undertaken by municipalities or nonprofit organizations:

(a) Brandon; Brandon Fire District No. 1, enhancement of

emergency services at new fire station: $ 30,000.

(b) Enosburg Falls; the Opera House at Enosburg Falls, to assist

the Town of Enosburg with improvements in a manner approved by

the division for historic preservation and the department of buildings

and general services: $ 25,000.

(c) Rockingham; Rockingham Meeting House, improvements: $ 25,000.

(d) Each sum appropriated by this subsection shall be made available when evidence is presented to the commissioner that two dollars have been raised from nonstate sources for each dollar appropriated:

(1) Arlington; Arlington Community Club, Inc., renovate

Arlington Community House: $ 10,000.

(2) Barre; Barre Granite and Ethnic Heritage Museum steering

committee created by Sec. 6(a)(7) of Act No. 233 of the Acts of 1993

(Adjourned Session) and as reauthorized by Sec. 21e of Act No. 62 of

the Acts of 1995, for building stabilization and reuse: $ 70,000.

(3) Barre; Barre Historical Society, Old Labor Hall at 46 Granite

Street, to assist with restoration; the match from nonstate sources may

include in-kind contributions: $ 30,000.

(4) Bethel; town of Bethel, historic old town hall, to study

feasibility of restoring and revising for use for municipal purposes: $ 7,500.

(5) Brighton; town of Brighton, Grand Trunk Railroad station,

reconstruct brick wall: $ 20,000.

(6) Brownington; Old Stone House Museum, Old Stone House

foundation stabilization and Lawrence Barn restoration: $ 20,000.

(7) Colchester; Vermont militia museum and library, construction

materials and consulting services: $ 10,000.

(8) Hyde Park, historic Lamoille County building, renovation: $ 30,000.

(9) Northfield; Northfield Historical Society, to assist with

renovation and expansion of the Brown Public Library building, subject

to the conditions of Sec. 23(f)(2) of Act No. 62 of the Acts of 1997

regarding the availability of the building for use for meetings by state

and area nonprofit and civic organizations: $ 20,000.

(10) Richford; disaster assistance with the Sweat Comings

Company buildings, under the following conditions:

(A) $20,000 shall be used to assess the market value of

and improvements needed to the buildings to make them usable and

in compliance with codes, and $30,000 shall be used to assist with

building stabilization, and protection of the municipal water system

running beneath the building.

(B) Site control or ownership of the buildings shall be

transferred to an organization approved by the commissioner of

economic development before any part of this appropriation may

be spent to improve the property: $ 50,000.

(e) Each sum appropriated by this subsection shall be made available when evidence is presented to the commissioner that three dollars have been raised from nonstate sources for each dollar appropriated:

(1) Burlington; Champlain Multi-Generational Center, serving the

nonprofit organizations Champlain Senior Center and the Burlington

Children's Space, to assist with construction: $ 50,000.

(2) Burlington; Lake Champlain Science Center, site

reclamation and restoration of south spit: $ 30,000.

(3) Swanton; Swanton Public Library, housing the historical

society and museum, to make it handicapped accessible and to construct

addition: $ 65,000.

(f) Statewide, for grants to be awarded by the Vermont Rural Fire

Protection Task Force to municipalities to install dry hydrants adjacent

to streams, lakes, ponds and rivers where fire departments can quickly

refill pumpers without having to deal with ice and debris. Awards shall

be evenly distributed to eligible applicants in the 14 counties, with the

maximum awarded for each individual installation not to exceed $1,000

and with evidence presented that $0.25 has been raised from nonstate

sources for each dollar to be awarded: $ 100,000.

(g) Statewide, for grants to municipalities for skateboard park

development, to be awarded by the commissioner of buildings and

general services based on criteria developed by the commissioner in

individual amounts not to exceed $10,000, following submission of a

budget for review and presenting evidence that three dollars have

been raised from nonstate sources for each dollar to be awarded;

except that, no grant from this appropriation shall be awarded to

any municipality receiving assistance from the appropriation of

Sec. 1(a)(3) of this act: $ 30,000.

(Total Appropriation --Section 19 $ 622,500)

* * * Financing This Act * * *

Sec. 20. REALLOCATION OF FUNDS

The following sums are reallocated to the department of buildings and general services to defray expenditures authorized by the appropriations of this act:

(a) $195,000 in proceeds from the sale of state-owned property in Duxbury as authorized by Act No. 102 of the Acts of 1995 (Adjourned Session).

(b) $50,000 in excess bond issuance funds held by the state treasurer.

(Total Reallocation -- Section 20 $ 245,000)

Sec. 21. GENERAL FUND REVENUES

Notwithstanding any other provision of law to the contrary, the sum of $3,028,200 received in relation to the sale of the Whey Plant in Georgia to American Home Products is transferred from the general fund to the general bond fund for use to defray expenditures authorized by Sec. 1 of this act.

(Total General Fund Revenues --Section 21 $ 3,028,200)

Sec. 22. ANTICIPATED RECEIPTS

A sum of up to $500,000 in proceeds from the sale of condominium space in the Newport State Office Building after February 25, 1998 shall, upon its receipt, be allocated to the department of buildings and general services to defray expenditures in the following amounts authorized by the following sections of this act: Sec. 1(a)(3), $5,000 (State House skateboard damage); Sec. 1(c)(2), $20,000 (state buildings, contingency fund); Sec. 8(b), $50,000 (Springfield Vocational Technical Center); Sec. 12, $325,000 (Vermont Public Television); Sec. 13(c), $50,000 (Long Trail, land acquisition); and Sec. 18, $50,000 (non-point source pollution abatement grants). Should a total of $500,000 not be available from sale proceeds, the commissioner of buildings and general servicesshall prorate the allocations authorized by this section in proportionate amounts. The commissioner shall by January 15, 1999 report to the house and senate committees on institutions on whether any portion of such anticipated receipts has been received or used to defray such expenditures.

(Total Anticipated Receipts -- Section 22 $ 500,000)

Sec. 23. GENERAL OBLIGATION BONDS

(a) Subject to subsection (c) of this section, the state treasurer is authorized to issue general obligation general fund bonds in the amount of $38,349,991 for the purpose of funding the appropriations of this act, except for the appropriation of Sec. 17 (transportation) of this act.

(b) Subject to subsection (c) of this section, the state treasurer is authorized to issue general obligation transportation fund bonds in the amount of $650,000 for the purpose of funding the appropriations of Sec. 17 of this act.

(c) The state treasurer with the approval of the governor shall determine the appropriate form and maturity of the bonds authorized by this section consistent with the underlying nature of the appropriation to be funded.

(d) 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 23 $ 38,999,991)

* * * Managing This Act * * *

Sec. 24. MANAGEMENT OF APPROPRIATIONS IN THIS ACT

(a) All appropriations made in this act to the department of buildings and general services shall be managed and expended under chapter 5 of Title 29. However, the commissioner of buildings and general services may, with the approval of the secretary of administration, direct the commissioner of finance and management to issue a warrant topay the amount of any such appropriation designated for use by an entity not affiliated with an executive branch agency of state government, directly to such an entity.

(b) All projects authorized by the appropriations in this act to the department of buildings and general services may be postponed by the commissioner of buildings and general services if financial or economic conditions are such that the best interests of the state would be served thereby.

Sec. 25. TRANSFER OF FUNDS APPROPRIATED IN THIS ACT

(a) Administration. The secretary of administration may transfer any unexpended project balances between projects authorized by Sec. 2 of this act.

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

(c) Buildings and general services.

(1) The commissioner of buildings and general services may:

(A) Transfer monies between individual projects which are authorized under the same individual appropriations of this act to the department of buildings and general services.

(B) Transfer any unexpended project balances between projects which are authorized by the appropriations to the department of buildings and general services of different sections of this act, 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.

(2) The commissioner of buildings and general services may use monies from the contingency fund appropriation of Sec. 1(d)(2) of this act to cover shortfalls for any project authorized in any capital construction act. Any transfer from the contingency fund in excess of $50,000 shall be with the approval of the secretary of administration.

(3) The commissioner of buildings and general services with the approval of the secretary of administration is authorized to transfer during any fiscal year to the department of buildings and general services for use only for major maintenance within theCapitol Complex in Montpelier, excluding the State House, any unexpended balances of funds appropriated in this or any previous capital construction act for any executive or judicial branch project, excluding any appropriations for state grant-in-aid programs, which is completed or substantially completed as determined by the commissioner. The commissioner shall annually on or before January 15 report to the house and senate committees on institutions:

(A) all transfers and expenditures made pursuant to this subdivision; and

(B) the unexpended balance of projects completed for two years or more.

Sec. 26. SPENDING AND BONDING AUTHORIZATION; VERMONT STATE COLLEGES

(a) 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 for housing, dining, and general purpose facilities to an aggregate of $1,000,000 for necessary capital improvements. Capital improvements in excess of $25,000 shall be under the supervision of the commissioner of buildings and general services.

(b) The Vermont State Colleges is authorized to issue up to $1,000,000 in long-term revenue bonds secured by the full faith and credit of the Vermont State Colleges for capital improvements to dormitories and other college facilities.

Sec. 27. GRANT ACCEPTANCE

(a) Notwithstanding section 5 of Title 32 (acceptance of grants):

(1) The adjutant general of the military department, with the approval of the secretary of administration, may accept:

(A) Up to $7,500,000 in federal grants to fund new construction at Camp Johnson in Colchester, which construction shall be 100 percent federally funded except for the project and appropriation authorized by Sec. 14 of this act.

(B) Federal grants made available for the construction of a chapel at the Vermont Veterans' Cemetery in Randolph, for which funds are appropriated by

Sec. 1(b)(3) of this act.

(2) The commissioner of corrections, with the approval of the secretary of human services, may accept federal grants for the construction of correctional facilities available under federal crime legislation.

(3) The commissioner of environmental conservation, with the approval of the secretary of natural resources and the secretary of administration, is authorized to accept federal grants available under the federal Clean Water Act in accordance with chapter 120 of Title 24, provided all notifications are made as required by section 4760(a) of Title 24.

(4) The commandant of the Vermont Veterans' Home, in Bennington, with the approval of the secretary of human services, may accept federal grants available for reimbursement of 65 percent of the appropriation of Sec. 15 of this act.

(5) The commissioner of taxes, with the approval of the secretary of administration, is authorized to accept up to $90,000 in federal funds from the U.S. Geological Survey to assist with the digital orthophotographic mapping system authorized by this and previous capital construction acts.

(b) Each receipt of a grant or gift as authorized by this section shall be reported to the chairs of the house and senate committees on institutions, and members of the joint fiscal committee.

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

Sec. 28. BINGHAM FALLS PURCHASE

The Vermont housing and conservation board as the lead entity, in conjunction with the Stowe Land Trust, the Stowe Conservation Commission or other interested or qualified land trusts, shall study and if agreeable negotiate terms of purchasing the parcel known as Bingham Falls on the Mountain Road in Stowe, now owned by the McSweeney family. Purchase of the property may be consummated without further review or funding authorized by the general assembly. The board shall report results of its effort by January 15, 1999 to the house and senate committees on institutions.

Sec. 29. SALE OF STATE-OWNED PROPERTY; DERBY

Notwithstanding any provision of law to the contrary, the secretary of transportation and the commissioner of buildings and general services are authorized to sell to the highestbidder the properties on U.S. Route 5 in Derby to be vacated as a result of the project authorized by Sec. 17(a)(3) of this act. Proceeds from the sale, net of the cost of the sale, shall be held by the state treasurer for reallocation by the general assembly in a future capital construction project or to defray the issuance of authorized but unissued general obligation bonds.

Sec. 30. NEGOTIATE SALE OF STATE-OWNED PROPERTY; MIDDLEBURY

The commissioner of buildings and general services may sell pursuant to the provisions of section 104 of Title 29 the 6.32-acre state-owned parcel, now used as a parking lot, adjacent to the complex of commercial buildings known as The Marbleworks in Middlebury, to the highest bidder pursuant to section 104 of Title 29. Proceeds from the sale, net of the cost of the sale, shall be held by the state treasurer for reallocation by the general assembly in a future capital construction project or to defray the issuance of authorized but unissued general obligation bonds.

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

Notwithstanding the provisions of section 104 of Title 29, the commissioner of buildings and general services is authorized to sell to the Union Mutual Fire Insurance Company the state-owned parcel, approximately 33 feet by 45 feet in size, located in Montpelier adjacent to and currently leased to the Union Mutual Fire Insurance Company, at a price equal to the fair market value of the parcel as determined by the director of property valuation and review. Proceeds from the sale, net of the cost of the sale, shall be held by the state treasurer for reallocation by the general assembly in a future capital construction project or to defray the issuance of authorized but unissued general obligation bonds.

Sec. 32. TRANSFER OF STATE-OWNED PROPERTY; STRATTON

Notwithstanding the provisions of section 104 of Title 29, the commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to transfer for $1.00 a parcel of approximately two-tenths of one acre of state-owned land known as the Daniel Webster Memorial Acre site on Stratton Mountain to the Town of Stratton, for the sole purpose of making the Daniel Webster MemorialAcre available for public enjoyment and historic commemoration. No further development or subdivision of the parcel shall be permitted. The parcel is further described in the Stratton Land Records in Book 15, page 71.

Sec. 33. PURCHASE PROPERTY; WESTMORE

Notwithstanding section 2606 of Title 10, the commissioner of forests, parks and recreation is authorized to purchase shoreline property at the south end of Lake Willoughby in Westmore owned by Messrs. Richard S. Soucier and Frank Skinner, for an amount not to exceed $65,000 or the appraised value of the property, whichever is less. The commissioner shall seek funding for this purchase from sources other than an appropriation of this act. The sellers shall be exempt from the tax on gains from the sale or exchange of land as provided by chapter 236 of Title 32 if within six months after the effective date of this act the sellers consummate the transaction authorized by this section by selling the property to the department of forests, parks and recreation or to another state agency designated by the commissioner or to a nonprofit organization designated by the commissioner.

Sec. 34. LEASE OF STATE-OWNED PROPERTY; GRAND ISLE

The secretary of natural resources is authorized, with the approval of the governor, pursuant to section 4147 of Title 10, to lease the buildings or land at the site of the Edgar M. Weed State Fish Hatchery in Grand Isle. The lessee shall prepare a plan for use of the leased property which will not interfere with the workings, now or in the future, of the hatchery.

Sec. 35. MT. MANSFIELD; LAND EXCHANGE

(a) For the purpose of this section:

(1) "Company" means the Mt. Mansfield Company, Inc.

(2) "Campground" means the Smugglers' Notch State Park Campground, located within the Mt. Mansfield State Forest.

(b) Pursuant to section 2606(b) of Title 10, the commissioner of forests, parks and recreation is authorized:

(1) To exchange lands with the company as authorized by subdivision (6) of thesecond resolve of Joint Resolution No. R-170 of the Acts of 1995 (Adjourned Session), without the conditions of subdivision (6)(A) of said resolution first being met, except that the exchange shall take place simultaneously with the execution of a lease between the state and the company permitting the state to continue to use and operate the campground at its present location, at no cost to the state and until such time as the conditions of subdivision (6)(A) of said resolution have been met.

(2) To exchange lands with the company, by which the company shall convey to the state a parcel of approximately 35 acres, as a site for relocating the campground, including a 200-foot-wide permanent protective easement surrounding the parcel, as a buffer to enhance a wilderness experience at the campground, in return for which the state shall convey to the company a parcel of approximately 115 acres, with the following conditions:

(A) The appraised value of the parcel to be conveyed by the company shall be equal to or greater than the appraised value of the parcel to be conveyed by the state; or, if the appraised value of the parcel to be conveyed by the company is determined to be less than the appraised value of the parcel to be conveyed by the state, then the exchange shall be modified by increasing the amount of company land to be conveyed, or by decreasing the amount of state-owned land to be conveyed, or both, so that as a result the value of the land conveyed by the company is equal to or greater than the value of the land conveyed by the state; after the completion of appraisals referred to in this subdivision regarding land to be exchanged, each such appraisal shall be public information.

(B) The Town of Stowe shall receive an easement to the parcel to be conveyed by the state to enable construction of a municipal sewer line extension.

(C) The company shall pay the cost of connecting the new campground site to the municipal sewer line extension.

(D) Any development of the approximately 58.8 acre "1998 Lot # 1" contained within the acreage to be conveyed by the state to the company shall be prohibited except for the construction of ski lifts, snow making equipment and ski trails.

(3) To amend the current lease between the state and the company, by addingapproximately 10 acres of state land to the company leasehold to accommodate a downhill ski trail and a portion of the Mt. Mansfield Toll Road.

(4) It shall not be mandated state policy that the Mountain Road extension of the municipal sewer system be installed, or that the Stowe sewage treatment plant be expanded, to accommodate the land exchange authorized by this section or any development that may be related to such land exchange.

Sec. 36. PURCHASE OF PROPERTY; NEWPORT

The commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to purchase easements to the "J.J. Newberry" property located at the intersection of Main Street and North Avenue adjacent to the state office building property in Newport, for the purpose only of locating subterranean anchors from the state office building. Once purchased, the purchased easements shall be indicated on the survey and property maps referenced by Sec. 2(c)(3) of Act No. 233 of the Acts of 1993 (Adjourned Session).

Sec. 37. PURCHASE OF PROPERTY; SPRINGFIELD

The commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to purchase the so-called "Ho Jo's Pit" parcel adjacent to I-91 and north of the Howard Johnson and the Holiday Inn and at the I-91 interchange in Springfield for its possible future use as the site of a state correctional facility. The commissioner is authorized to obtain an option on the property, and subsequently with the approval of the emergency board to consummate the purchase; or the commissioner may obtain the property by eminent domain, in which case the transaction shall conform with the provisions of Sec. 77 of this act.

Sec. 38. PROPERTY SALE; AGENCY OF TRANSPORTATION

After consultation with the department of buildings and general services and upon receiving satisfactory evidence of release of any leasehold interest of New England Central Railroad, the secretary of transportation, as agent for the state, is authorized to convey to Bates Farm Home and Garden Supply for fair market value, two parcels of land in the Village of Enosburg Falls, county of Franklin and State of Vermont, located on DepotStreet. These parcels are identified as Lease No. 17.76 north of the former Vermont Central Railroad track and Lease No. 17.713 south of said track and jointly measuring approximately 255 feet long and 75 feet wide.

Sec. 39. PROPERTY SALE; AGENCY OF TRANSPORTATION

After consultation with the department of buildings and general services and upon receiving satisfactory evidence of release of any leasehold interest of New England Central Railroad the secretary of transportation, as agent for the state, is authorized to convey to the American Legion Enosburg Post No. 42, for fair market value, two parcels of land in the Village of Enosburg Falls, county of Franklin and State of Vermont, located at the junction of Archibald Street and Depot Street. These parcels are identified as Lease No. 17.67, containing approximately 6,016 square feet and Lease No. 17.70, containing approximately 8,122 square feet, on the survey map No. 9805 prepared by H. W. Chaffee, Montgomery Center, dated March 5, 1998.

Sec. 40. STATE PROPERTY; WINDSOR; STUDY

The commissioners of buildings and general services, corrections, fish and wildlife, and forests, parks and recreation shall jointly study future state uses, and explore possible alternate private or public uses, of the state-owned land adjacent to the Southeast State Correctional Facility in Windsor. Officials of the Town of Windsor shall be consulted during the study. The director of the division of property valuation and review shall provide an appraisal of the fair market value of the property under consideration. Any possible future subdivision of the property shall require a new fair market value appraisal. By January 15, 1999, the commissioner of buildings and general services shall report the study conclusions to the house and senate committees on institutions.

* * * Capital Construction Act Amendments * * *

Sec. 41. Sec. 8(c) of Act No. 62 of the Acts of 1997 is amended to read:

(c) As a condition of the funds appropriated by subdivision (a)(3)(A) of this section for the department of taxes' revenue collection and administration system:

(1) The secretaries of human services and administration, the chief information officer, the commissioners of motor vehicles, employment and training and taxes, the courtadministrator, the secretary of state and the state treasurer shall constitute a committee to plan for the expansion of the tax department revenue system to take over and account for the revenues generated by the executive and judicial branches of state government. The committee may be assisted by *[a]* one or more limited service state *[employee]* employees or consultant retained to negotiate on behalf of the committee with software and hardware vendors and consultants designing the tax department revenue system. The funding for this effort shall be from the appropriations contained in this or other capital construction acts for information technology.

(2) By September 15, 1998, the committee shall submit to the joint fiscal committee a recommended timetable and budget for expanding the tax department revenue system to accommodate the revenue needs of state government in an order of priority recommended by this committee.

(A) The committee shall recommend statutory and rule changes to achieve greater efficiencies in the expansion of the system.

(B) The commissioner of taxes shall chair the committee.

Sec. 42. Sec. 9(a)(1)(B) of Act No. 62 of the Acts of 1997 is amended to read:

(B) New correctional facility; for siting a 350-bed medium security correctional facility and related improvements. The administration shall propose a site to the house and senate committees on institutions for approval*[, which may include the town of Windsor if the facility is approved by a majority of town voters on or before the town's annual meeting in 1998]*: $ 100,000.

Sec. 43. Sec. 12(a)(4) of Act No. 62 of the Acts of 1997 is amended to read:

(4) Establishing a revolving loan fund to allow quick action in acquiring significant historic objects for state-owned historic sites. The fund shall be administered by the division for historic preservation for use by organizations with a direct interest in state-owned historic sites. Loans from the fund to such organizations shall be used for and to take advantage of unanticipated opportunities to acquire furnishings, artwork, letters, papers or other collections of historic objects that directly relate to the principal people, places and events interpreted at a state-owned historic site. Items acquired shall bedonated to the appropriate state-owned historic site. A loan shall be *[repaid from contributions raised from nonstate sources within a time period approved by the division for historic preservation when the loan is made, but which shall not exceed five years. Interest shall be paid on a loan from the revolving fund at a rate set for each individual loan by the secretary of commerce and community development]* considered repaid once the items acquired have been formally donated to the appropriate site: $ 50,000.

Sec. 44. Sec. 23(g)(1) of Act No. 62 of the Acts of 1997 (Town of Bloomfield) is amended after the following: "Town Hall" by inserting the following: "; the required local contribution may consist of in-kind services rather than cash; if the building is sold to a nonprofit preservation organization, the appropriation contained herein shall be available to the new owner of the building for use in restoring and preserving the building"

Sec. 45. Sec. 37 of Act No. 62 of the Acts of 1997 is amended to read:

Sec. 37. CONDOMINIUM AND LEASE-PURCHASE AGREEMENTS

(a) Newport. *[The]* Notwithstanding the provisions of section 104 of Title 29, the commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to enter into condominium agreements for the sale or lease of space in the Emory A. Hebard State Office Building, for the purpose of offsetting the loss of property tax base available to the City of Newport due to state acquisition of property for the office building site. The commissioner may transfer title by warranty deed to any condominium unit which is sold. Any proceeds from the sale of such space prior to February 25, 1998 shall be used to fund the construction of the condominium space. On or after this date, such proceeds up to the amount of $500,000 shall be used to defray expenditures as authorized by Sec. 22 of this capital construction act of 1997 (Adjourned Session). The commissioner of buildings and general services shall upon the completion of the state office building project report to the house and senate committees on institutions on all proceeds from the sale of such condominium space both prior to and on or after February 25, 1998, and the purposes for which such proceeds have been allocated or held in reserve. Upon the completion of the state office building project any uncommitted proceeds shall be used to fund appropriations of a future capital constructionact. Any proceeds from the lease of such space shall be deposited in the property management fund of the department of buildings and general services.

* * *

Sec. 46. Sec. 9(e) of Act No. 233 of the Acts of 1993 (Adjourned Session) as amended by Sec. 63 of Act No. 185 of the Acts of 1995 (Adjourned Session) (aid with rebuilding the fairground grandstand) is amended after the fourth sentence ending in the following: "November 1, 1996." by inserting the following: "The state treasurer shall determine terms and conditions with regard to the repayment of the promissory note and mortgage and may modify terms and conditions at the state treasurer's discretion."

Sec. 47. Sec. 89(b) of Act No. 233 of the Acts of 1993 (Adjourned Session) as amended by Sec. 62 of Act No. 185 of the Acts of 1995 (Adjourned Session) and by Sec. 40 of Act No. 62 of the Acts of 1997 is amended to read:

(b) Definition. As used herein:

(1) "Newport state office building and improvements to the City of Newport waterfront" means the project in the City of Newport authorized by the general assembly, including the appropriation of state funds for this purpose, by Sec. 1(a)(3)(A) of Act No. 59 of the Acts of 1993 as amended by Sec. 40 of Act No. 233 of the Acts of 1993 (Adjourned Session), and for which additional funds are appropriated by Sec. 2(c)(3) of Act No. 233 of the Acts of 1993 (Adjourned Session), Sec. 1(a)(2) of Act No. 185 of the Acts of 1995 (Adjourned Session), *[and by]* Sec. 2(b)(1) of Act No. 62 of the Acts of 1997, and by Sec. 1(b)(2) of this act. The project is further defined as "Sites 1 and 2" on a plan entitled, "Proposed Newport State Office Building and Waterfront Improvements in The City of Newport," dated May 9, 1994, prepared for Land Works, Landscape Architects, of Middlebury, Vermont, signed May 24, 1994 by the chairs of the House and Senate institutions committees and by the commissioner of state buildings, and filed with the office of the secretary of state on May 26, 1994, plus (i) the parcel known as Reed's Mobil Gas Station which Sec. 30 of Act No. 185 of the Acts of 1995 (Adjourned Session) authorizes the commissioner of state buildings to purchase and to add to the project site, *[and]* (ii) a portion of the parcel owned by the Chittenden Bank and located immediatelyadjacent to Coventry Street at the southeast corner of the juncture of Coventry Street and Main Street which Sec. 36 of *[this act]* Act No. 62 of the Acts of 1997 authorizes the commissioner of buildings and general services to purchase and to add to the project site, and (iii) the J.J. Newberry parcel located at the intersection of Main Street and North Avenue except that any purchase shall be limited to the acquisition of an easement for the purpose of locating subterranean anchors from the state office building as authorized by Sec. 36 of this act.

* * *

* * * Art in State Buildings * * *

Sec. 48. 29 V.S.A. chapter 2 is amended to read:

CHAPTER 2. ART IN STATE BUILDINGS

§ 41. PURPOSE

The state of Vermont, recognizing the need to enhance the working environment *[and]*, to improve the character and quality of state buildings in order to create an environment of distinction, enjoyment and pride for all citizens, and to encourage the donation of works of art to the state for its permanent collection or for exhibition in state buildings or facilities, hereby establishes a program to provide funds for and authorize the installation of permanent works of art at the time of new construction or renovation of state buildings and other facilities.

§ 42. DEFINITIONS

Unless the context specifically indicates otherwise, as used in this chapter, the following definitions shall apply:

(1) "Addition" means any new construction which increases the height or floor area of an existing building or facility.

(2) "Contracting agency" means the administrative unit of state government responsible for securing the preparation of plans and specifications of a *[public]* state building or facility for the purpose of negotiating or advertising for bids for the construction of such building or facility.

(3) "Council" means the Vermont Council on the Arts, Inc.

(4) "Commissioner" means the commissioner of buildings and general services.

(9) "Project site" means any state building or facility undergoing new construction or renovation with a total project cost of $1,000,000.00 or more that has been approved for consideration by the commissioner pursuant to this chapter.

§ 43. ART ACQUISITION FUND

(a) An art acquisition fund is created to finance the design, construction and purchaseor commissioning of works of art to be included as an integral part of the structure of *[public]* state buildings and facilities. Such works of art may be attached to the structure or may be detached within or outside the structure.

(b) Amounts in the art acquisition fund at the end of each fiscal year shall not revert to the general fund.

(c) Amounts in the fund shall be expended upon order of the council for acquisition or commissioning of works of art and for administration, as provided in this chapter.

§ 44. FUNDS TRANSFER FOR ART

(a) The commissioner of buildings and general services, with the approval of the secretary of administration, may transfer up to $50,000.00 in any single fiscal year to the art acquisition fund, from capital funds appropriated for projects which are eligible for the installation of works of art under this chapter.

(b) Of the funds transferred under subsection (a) of this section, *[15 percent]* $7,500.00 shall be available for use by the council for the expenses of administering this chapter.

(c) Funds may be transferred under this section without further approval or appropriation by the general assembly.

§ 44a. POWERS AND DUTIES OF COMMISSIONER

The commissioner shall:

(1) Advise the council on the administration of this chapter.

(2) Approve up to two project sites per year for consideration under this chapter for the installation of artwork.

(3) Establish procedures for accepting the donation to the state of artwork for installation in state buildings or facilities.

(4) Establish procedures for communicating with artists interested in donating artwork to the state under the provisions of this chapter.

(5) Review the final installation and placement of artwork.

(6) Assist occupants and contracting agencies in locating liability insurance for artwork when necessary.

§ 45. DUTIES OF CONTRACTING AGENCY

Upon selection of an architect for any project, the contracting agency shall:

(1) notify the architect of the provisions of this chapter; and

(2) notify the commissioner and the council of the selection of the architect and the details of the project.

§ 46. USE OF FUNDS

(a) *[Each public building or facility undergoing new construction or renovation with a total project cost of $500,000.00 or more,]* Project sites which *[is]* are funded from an appropriation or appropriations in one or more annual capital construction acts, shall be eligible for consideration by the advisory committee for the installation of one or more permanent works of art. For a project expected to receive capital appropriations from more than one capital construction act, eligibility may be determined by the estimated total cost of the project after the initial appropriation is made. In *[selecting a building or facility for the installation of a work of art,]* recommending a project site to the advisory committee, the commissioner shall give priority to buildings and facilities that are frequently visited by members of the public.

(b) Priority in acquisitions and commissions of works of art shall be given to Vermont artists.

§ 47. ADVISORY COMMITTEE

(a) There is established an advisory committee to oversee the administration of the art acquisition fund.

(b) The advisory committee shall consist of the *[commissioner of buildings and general services]* following or a designee*[,]*: the commissioner, the director of the council *[or designee]*, *[the chairmen of]* the chairs of the senate and house institutions committees *[or designees,]* and the *[chairman]* chair of the Vermont board of architects *[or designee]*. Legislative members of the committee shall be entitled to per diem compensation and expense reimbursement for attending committee meetings pursuant to the provisions of section 406 of Title 2.

(c) The committee shall:

(1) oversee the administration of this chapter;

(2) establish guidelines for the selection of works of art; and

(3) establish guidelines for the composition of the art selection *[committees]* panel.

(d) The selection of works of art to be installed under this chapter in facilities of the University of Vermont and State Agricultural College and of the Vermont State Colleges shall be made pursuant to procedures of these institutions for this purpose.

§ 48. POWERS AND DUTIES OF COUNCIL

(a) The council shall:

(1) appoint persons to serve on the *[project]* art selection *[committee]* panel;

(2) establish contract procedures for contracting with artists for works of art and with architects for services related to the planning for the acquisition of works of art;

(3) on the advice of the art selection *[committee]* panel, arrange contracts with artists and order payments from the art acquisition fund for such works of art;

(4) review the final installation and placement of works of art. In the case of works to be commissioned, the art selection *[committee]* panel shall review the design, the final execution and the placement of the commissioned work;

(5) assist occupant and contracting agencies in locating insurance when it deems such insurance is necessary for the protection of the works of art which are purchased*[;]*

(b) Without further appropriation, the council may expend funds transferred to it for administration of this chapter.

Sec. 49. REPEAL

(a) Sec. 74 (sunset of chapter 2 of Title 29, art in state buildings) of Act No. 233 of the Acts of 1993 (Adjourned Session) is repealed.

(b) Sec. 1(c) (limit on annual spending on art in state buildings) of Act No. 185 of the Acts of 1995 (Adjourned Session) is repealed.

* * * Revolving Funds; Public Water Supplies * * *

Sec. 50. 24 V.S.A. § 4470 is amended to read:

§ 4770. ELIGIBILITY

* * *

(b) The owner or owners of a privately-owned community water system *[of which 80 percent or more of the served structures are occupied by year-round residents, and the owner or owners of]* or a privately-owned nonprofit, noncommunity public water system*[,]* may apply to VEDA for a loan from the Vermont EPA drinking water state revolving fund established under subchapter 1 of this chapter, the proceeds of which may be used to acquire requisite permits, design, plan, construct, repair, or improve an existing privately-owned public community water system in order to comply with federal and state standards and protect the public health.

* * *

Sec. 51. 24 V.S.A. § 4753 is amended to read:

§ 4753. REVOLVING LOAN FUNDS; AUTHORITY TO SPEND; REPORT

(a) There is hereby established a series of special funds to be known as:

* * *

(5) The Vermont drinking water planning loan fund which shall be used for providing loans to municipalities with populations of less than 10,000, conducting feasibility studies, and conducting planning and preliminary designs for making improvements to public water systems in order to comply with state and federal standards and to protect public health.

(6) The Vermont drinking water source protection fund which shall be used to provide loans to municipalities for purchasing land or conservation easements in order to protect public water sources and ensure compliance with state and federal drinking water regulations.

(b) Each of such funds shall be established and held separate and apart from any other funds or moneys of state and shall be used and administered exclusively for the purpose of this chapter with the exception of transferring funds from the Vermont drinking waterplanning loan fund and the Vermont drinking water source protection fund to the Vermont environmental protection agency (EPA) drinking water state revolving fund when authorized by the secretary. These funds shall be administered by the bond bank on behalf of the state, except that the fund shall be administered by VEDA concerning loans to privately-owned water systems under subdivision (a)(3) of this section. The funds shall be invested in the same manner as permitted for investment of funds belonging to the state or held in the treasury. The funds shall consist of the following:

* * *

Sec. 52. 24 V.S.A. § 4753a is added to read:

§ 4753a. AWARDS FROM REVOLVING LOAN FUNDS

(a) Pollution control. The general assembly shall approve all categories of awards made from the special funds established by section 4753 of this title for water pollution control facility construction, in order to assure that such awards conform with state policy on water quality and pollution abatement, and with the state policy that municipal entities shall receive first priority in the award of public monies for such construction, including monies returned to the revolving funds from previous awards. To facilitate this legislative oversight, the secretary of natural resources shall annually no later than January 15 report to the house and senate committees on institutions and on natural resources and energy on all awards made from the relevant special funds during the prior and current fiscal years, and shall report on and seek legislative approval of all the types of projects for which awards are proposed to be made from the relevant special funds during the current or any subsequent fiscal year. Where feasible, the specific projects shall be listed.

(b) Water supply. The secretary of natural resources shall no later than January 15, 2000 recommend to the house and senate committees on institutions and on natural resources and energy a procedure for reporting to and seeking the concurrence of the legislature with regard to the special funds established by section 4753 of this title for water supply facility construction.

Sec. 53. 24 V.S.A. § 4755 is amended to read:

§ 4755. LOAN; LOAN AGREEMENTS

(a) Except as provided by subsection (c) of this section, the bond bank may make loans to a municipality on behalf of the state for one or more of the purposes set forth in section 4754 of this chapter. Each of such loans shall be made subject to the following conditions and limitations:

* * *

(4) the rate of interest charged for the loans made to municipalities under this chapter, or the manner of determining the same, shall be established from time to time by the state treasurer after consultation with the secretary of the agency taking into consideration the current average rate on outstanding marketable obligations of the state as of the last day of the preceding month. The rate of interest shall be no less than zero percent nor more than 80 percent of the average rate on marketable obligations of the state. Effective July 1, 1999, an administrative fee of no more than two percent shall be charged for the loans made to municipalities under this chapter from the clean water state revolving fund. The secretary shall establish the method used to determine such administrative fee. Fee proceeds shall be deposited into a nonlapsing account and be held separately from the funds established pursuant to section 4753 of this title. Moneys from such account shall be used to pay the costs of administering each of the funds established by section 4753(a) of this title, and any excess shall be transferred to the appropriate account established by section 4753(a) of this title. Notwithstanding all other requirements of this subdivision, the interest rate charged for municipal water supply projects shall be established by the secretary pursuant to section 1624 of Title 10.

* * *

(d) The secretary of natural resources shall by January 15, 2003 submit a comprehensive report to the house and senate committees on institutions and on natural resources and energy on the use by the state and by municipalities of the two percent administrative fee authorized by subdivision (a)(4) of this section.

Sec. 54. 24 V.S.A. § 4756 is amended to read:

§ 4756. ELIGIBILITY CERTIFICATION

(a) No construction loan or loan for the purchase of land or conservation easements to a municipality shall be made under this chapter, nor shall any part of any revolving fund which is designated for project construction be expended under section 4757 of this title, until such time as:

(1) the secretary shall certify to the bond bank that all water supply and wastewater permits, land use, subdivision, public building and discharge permits, necessary to construct *[and operate]* the improvements to be financed by the loan *[have been]* will be issued to the applicant municipality prior to disbursement of funds under the loan for construction;

(2) the applicant municipality shall certify to the bond bank that it *[has]* will have secured all state and federal permits, licenses and approvals necessary to construct *[and operate]* the improvements to be financed by the loan prior to expending funds under the loan;

* * *

(d) Loans awarded from the same revolving fund under subsections (b) and (c) of this section may be consolidated, and may also be consolidated with loans awarded under subsection (a) of this section. One loan may be issued for construction and preparation of final engineering plans and specifications.

* * *

* * * Parole; Parole Board * * *

Sec. 55. 28 V.S.A. § 402 is amended to read:

§ 402. DEFINITIONS

Whenever used in this chapter:

(1) "Parole" means the release of an inmate to the community by the parole board before the end of *[his]* the inmate's sentence subject to conditions imposed by the board and subject to the supervision and control of the commissioner. If a court or other authority files a warrant or detainer against an inmate, the board may release him or her on parole toanswer the warrant and serve any subsequent sentences.

(2) "Interview" means an appearance by the inmate at a meeting of the parole board.

(3) "Review" means an evaluation of an inmate's records without an appearance by the inmate before the parole board.

Sec. 56. 28 V.S.A. § 403 is amended to read:

§ 403. POWERS AND RESPONSIBILITIES OF THE COMMISSIONER

REGARDING PAROLE

The commissioner is charged with the following powers and responsibilities regarding the administration of parole:

(1) To supervise and control persons placed on parole, subject to the rules and orders of the parole board as to the conditions of parole;

(2) To detain for safekeeping at a correctional facility any parolee who allegedly has violated the terms of his or her parole, pending a conference with the parole board at its next regularly scheduled meeting, such period of detention not to exceed 30 days;

(3) To establish and provide as he or she deems necessary outpatient counseling and treatment services to persons paroled from, or on pre-parole release or conditional release from, confinement within the department and, in his or her discretion, to require payment of reasonable fees for such services, if the person is financially able to make the payment;

(4) To establish and maintain a register of individuals who ask to be notified of the parole interview or review of an inmate by the parole board. The register shall constitute a confidential record which shall only be disclosed to persons within the department specifically designated by the commissioner;

(5) To provide written notification of the date, time, and place of a parole interview or review of an inmate by the parole board to an individual who asks to be notified of the parole interview or review. At least 30 days prior to the date of the interview or review, the notice shall be sent by first class mail, or by another most appropriate method, to the last address provided to the department by the individual. A copy of the notice shall beprovided to the parole board prior to the interview or review. Failure of the department to provide the notice or provide it in a timely manner shall not affect the validity of proceedings conducted by the parole board.

Sec. 57. 28 V.S.A. § 451 is amended to read:

§ 451. CREATION OF BOARD

(a) A parole board of five members is created. The governor, with the advice and consent of the senate, shall appoint *[the]* five regular members and two alternates for terms of *[five]* three years in such a manner that no more than *[one term]* three terms shall expire annually. Initial terms may be less than *[five]* three years. Each member and alternate shall hold office until *[his]* a successor is appointed and qualified. The governor shall designate the board's *[chairman]* chair. As far as practicable, the governor shall appoint as members persons who have knowledge of and experience in correctional treatment, crime prevention or *[related fields]* human relations, and shall give consideration, as far as practicable, to geographic representation *[to reduce necessary travel to the various parole interview centers]* of the state. *[At least two members shall be in attendance at parole interviews.]* The chair or the executive director may assign alternates to serve on the board in the absence of a regular member and such alternates shall have all the powers and authority of a regular member when so assigned.

(b) Three members of the board shall constitute a quorum for the conduct of a meeting. Notwithstanding section 172 of Title 1, the concurrence of a majority of members present at a parole board meeting shall be necessary and sufficient for board action.

(c) The chair of the parole board shall be entitled to compensation in the amount of $13,000.00 annually, which shall be in lieu of any per diem otherwise authorized by law.

Sec. 58. 28 V.S.A. § 452 is redesignated to read:

§ 452. OFFICIAL SEAL; *[MEETINGS]* RECORDS; ANNUAL REPORT

Sec. 59. 28 V.S.A. § 501 is amended to read:

§ 501. ELIGIBILITY FOR PAROLE CONSIDERATION

An inmate who is serving a sentence of imprisonment shall be eligible for parole consideration as follows:

(1) If the inmate's sentence has no minimum term or a zero minimum term, the inmate shall be eligible for parole consideration within six months after commitment to a correctional facility.

(2) If the inmate's sentence has a minimum term, the inmate shall be eligible for parole consideration after the inmate has served the minimum term of the sentence less any reductions in term for good behavior.

Sec. 60. 28 V.S.A. § 502 is amended to read:

§ 502. --PAROLE *[INTERVIEW]* INTERVIEWS AND REVIEWS

(a) The board shall interview each inmate eligible for parole consideration under section 501 of this title before ordering the inmate released on parole. The board shall consider all pertinent information regarding an inmate in order to determine the inmate's eligibility for parole. The board may grant parole only after an inmate is interviewed in accordance with this section.

(b) An initial interview of the inmate shall occur when the inmate becomes eligible for parole consideration under section 501 of this title.

(c) An inmate eligible for parole consideration shall, subsequent to the initial interview provided for above, be reviewed or interviewed thereafter, as follows:

(1) The board shall review the inmate's record once every six months.

(2) Upon written request of the inmate, the board shall conduct an interview once a year.

(3) If an inmate is serving a life sentence, the board shall review the inmate's record once every year, and upon written request of the inmate, conduct an interview once every year.

(d) The board in its discretion may conduct interviews and reviews more frequently than required by this section, but not less frequently.

(e) The board in its discretion may hear from attorneys or other persons with aninterest in the case before the board. A person presenting statements to the board may be required to submit the statement in writing.

(f) Interviews and reviews shall be conducted in accordance with the rules and regulations established by the board.

(g) The board may when formulating the conditions of a parole, shall take into consideration the emotional needs of the victim of an offender's crime plus the needs of the victim's family.

Sec. 61. 28 V.S.A. §§ 502a, 502b and 502c are added to read:

§ 502a. RELEASE ON PAROLE

(a) No inmate serving a sentence with a minimum term shall be released on parole until the inmate has served the minimum term of the sentence, less any reductions for good behavior.

(b) An inmate shall be released on parole by the written order of the parole board if the board determines:

(1) the inmate is eligible for parole;

(2) there is a reasonable probability that the inmate can be released without detriment to the community or to the inmate; and

(3) the inmate is willing and capable of fulfilling the obligations of a law-abiding citizen.

(c) A parole shall be ordered only for the best interest of the community and of the inmate, and shall not be regarded as an award of clemency, a reduction of sentence or a conditional pardon.

(d) Notwithstanding subsection (a) of this section, or any other provision of law to the contrary, any inmate who is serving a sentence, including an inmate who has not yet served the minimum term of the sentence, who is diagnosed as suffering from a terminal or debilitating condition so as to render the inmate unlikely to be physically capable of presenting a danger to society, may be released on medical parole to a hospital, hospice, other licensed inpatient facility or suitable housing accommodation as specified by the parole board. The department shall promptly notify the parole board upon receipt ofmedical information of an inmate's diagnosis of a terminal or debilitating condition.

§ 502b. TERMS AND CONDITIONS OF PAROLE

(a) When an inmate is paroled, the parole board shall establish terms and conditions of parole that it deems reasonably necessary to ensure that the inmate will lead a law-abiding life and that will assist the inmate to do so. Such terms and conditions shall be set forth in the parolee's parole agreement.

(b) The parole board may require a parolee as a condition of parole to participate, as a resident or nonresident, in programs at a treatment center for all or part of the period of parole, provided that the commissioner certifies that adequate treatment facilities, personnel, and programs are available. If the commissioner determines that the person's residence in the center or participation in its programs, or both, should be terminated, because the person can derive no further significant benefits from such residence or participation, or both, or because his or her residence or participation adversely affects the rehabilitation of other residents or participants, he or she shall so notify the board of parole, which shall thereupon make such other provision with respect to the person as it deems appropriate.

(c) A person residing in and participating in programs at a treatment center shall abide by the rules and regulations of the center and may be required to pay such costs incident to residents as the commissioner deems appropriate.

§ 502c. PAROLE AGREEMENT

(a) When an inmate is paroled the parole board shall issue a parole agreement, which shall set forth the name of the inmate paroled, the crime the inmate was convicted of, the date and place of trial, the sentence, and the terms and conditions of the parole. A copy of the parole agreement shall be furnished to the parolee and the commissioner.

(b) The parole agreement shall not become effective until it is signed by the inmate. The parole board may withdraw the granting of parole at any time before the parole agreement is signed by the inmate. After the parole agreement is signed by the parolee, parole can only be revoked in accordance with subchapter 4 of this chapter.

(c) A copy of the parole agreement shall be full authority for the commissioner toexercise all supervision and control over the parolee prescribed by law, and shall be sufficient warrant for the detention of the parolee as provided in subdivision 403(2) of this title.

Sec. 62. 28 V.S.A. § 503 is amended to read:

§ 503. --ADOPTION OF RULES

The board may adopt such rules, consistent with the provisions of this chapter, as it considers proper or necessary regarding the eligibility of inmates for parole, the conduct of parole interviews and reviews or the conditions to be applied to inmates released on parole and parole revocation.

Sec. 63. 13 V.S.A. § 7043(e) is amended to read:

(e) Restitution orders may be enforced as conditions of probation, supervised community sentence or parole if the convicted person is sentenced to probation or supervised community sentence, or is sentenced to imprisonment and later placed on parole, or otherwise in the manner of civil judgments. Unless otherwise specifically ordered by the court, an order for restitution as a condition of probation or supervised community sentence shall remain in effect if the defendant violates probation or supervised community sentence and is sentenced to imprisonment.

Sec. 64. 1 V.S.A. § 312(i) is added to read:

(i) Nothing in this section shall be construed to prohibit the parole board from meeting at correctional facilities with attendance at the meeting subject to rules regarding access and security established by the superintendent of the facility.

Sec. 65. 1 V.S.A. § 313 is amended to read:

§ 313. EXECUTIVE SESSIONS

(a) No public body described in section 312 of this title may hold an executive session from which the public is excluded, except by the affirmative vote of two-thirds of its members present in the case of any public body of state government or of a majority of its members present in the case of any public body of a municipality or other political subdivision. A motion to go into executive session shall indicate the nature of the business of the executive session, and no other matter may be considered in the executive session. Such vote shall be taken in the course of an open meeting and the result of the vote recorded in the minutes. No formal or binding action shall be taken in executive session except actions relating to the securing of real estate options under subdivision (2) of this section. Minutes of an executive session need not be taken, but if they are, shall not be made public subject to section 312(b) of this title. A public body may not hold an executive session except to consider one or more of the following:

* * *

(7) The academic records or suspension or discipline of students;

(8) Testimony from a person in a parole proceeding conducted by the parole board if public disclosure of the identity of the person could result in physical or other harm to the person.

* * *

Sec. 66. REPEAL

Section 404 of Title 28 (parole agreement) is repealed.

* * * Other Statutory Amendments and Additions * * *

Sec. 67. 6 V.S.A. § 4823(a) is amended to read:

(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, in descending order: within the boundaries of the Lake Champlain Basin *[or]* , the Lake Memphremagog Basin, the Connecticut River Basin, or the Hudson River 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.]*

Sec. 68. 16 V.S.A. § 3851 is amended to read:

§ 3851. DEFINITIONS

* * *

(c) "Eligible institution" means any:

(1) nonprofit library that serves the public*[, any]*;

(2) private or independent nonprofit university, college, primary or secondary school in the state*[,]*;

(3) the University of Vermont*[, and]* ;

(4) the Vermont State Colleges; or

(5) any:

(A) nonprofit hospital as defined in *[18 V.S.A. § 1902 or any]* section 1902 of Title 18;

(B) nonprofit institution whose purpose is devoted primarily to the maintenance and operation of diagnostic and therapeutic facilities for medical, surgical or psychiatric care of ambulatory patients *[or any]*;

(C) nonprofit licensed nursing home *[and]*; or

(D) nonprofit assisted living facility, nonprofit continuing care retirement facility, nonprofit residential care facility or similar nonprofit facility for the continuing care of the elderly or the infirm, provided that such facility is owned by or under common ownership with an otherwise eligible institution, and in the case of facilities to be financed for an eligible institution provided by this subdivision (5) of this subsection, for which the department of *[health]* banking, insurance, securities, and health care administration, if required, has issued a certificate of need.

* * *

Sec. 69. 28 V.S.A. § 760 is amended to read:

§ 760. COMPENSATION OF *[INMATES]* OFFENDERS

(a) The commissioner shall, in consultation with the department of labor and industry, promulgate rules *[and regulations setting forth the manner of compensation to inmates]* establishing an injured offender compensation program for offenders or their dependents for injuries *[suffered in work,]* suffered while under supervision by the department and arising out of and in the course of work, industry, or an employment program, at a correctional facility, or any community service or public works activity or vocational training directed by the department of corrections. *[Such compensation]* The rules shall establish the compensation, medical and vocational benefits to which an injured offender may be entitled as well as procedures for resolving disputes. To the extent practicable and consistent with the requirements of the department, compensation, medical and vocational benefits shall be comparable to what a similarly injured employee would receive under chapter 9 of Title 21.

(b) The rights and remedies provided by this section and the rules adopted under authority of this section to an offender on account of a personal injury for which he or she is entitled to compensation under this section shall exclude all other rights and remedies of the offender, the offender's personal representation, dependents or next of kin, at common law, or otherwise on account of such injury.

(c) For purposes of this section, the department of corrections shall be the sole entity responsible for providing any compensation owed to an injured offender, without regard to the place of injury, and no claim for workers' compensation or other common law action may be brought against the industry, employment program, government or community service entity or vocational training provider either supervising the offender or receiving the benefit of the offender's services.

(f) A claimant may seek review of the department's decision relative to an award of compensation by petitioning a superior court under Rule 74 of the Vermont Rules of Civil Procedure.

Sec. 70. 10 V.S.A. § 2606 is amended to read:

§ 2606. ACCEPTANCE OF GIFTS; EXCHANGE, PURCHASE OR LEASE OF

LANDS

* * *

(b) *[The commissioner, with]* With the approval of the general assembly, which may be granted by resolution, the commissioner may exchange or lease lands under his jurisdiction when in their judgment it is advantageous to the state to do so in the highest orderly development and management of state forests and parks.

* * *

Sec. 71. 29 V.S.A. § 104 is amended to read:

§ 104. SELLING OR RENTING STATE PROPERTY

* * *

(b) Upon authorization by the general assembly, which may be granted by resolution, and with the advice and consent of the governor, the commissioner of buildings and general services may sell real estate owned by the state. Such property shall be sold to the highest bidder therefor at public auction or upon sealed bids in the discretion of the commissioner of buildings and general services, who may reject any or all bids. Notice of the sale or a request for sealed bids shall be posted in at least three public places in the town where the property is located and also published three times in a newspaper having a known circulation in said town, the last publication to be not less than ten days before the date of sale or opening of the bids. Failing to consummate a sale under the method prescribed in this section, the commissioner of buildings and general services is authorized to list the sale of this property with a real estate agent licensed by the state of Vermont. This subsection shall not apply to exchanges of lands or sales of timber made in accordance with the provisions of chapter 55 of Title 10.

* * *

(d) The net proceeds from the sale of any real property owned by the state shall be paid into a capital fund account to be used for future capital construction projects as authorized by the general assembly, except that such proceeds may be used as otherwise directed by the general assembly, which legislative direction may be by resolution.

* * *

Sec. 72. 29 V.S.A. § 161 is amended to read:

§ 161. REQUIREMENTS ON STATE CONSTRUCTION PROJECTS

(a) When the construction cost of any state project exceeds the sum of $50,000.00, the commissioner of buildings and general services shall publicly advertise or invite three or more bids. The contract for any such state project or improvement shall be awarded to one of the three lowest responsible bidders, conforming to specification, with consideration being given to quantities involved, time required for delivery, purpose for which required, competency and responsibility of bidder, and his or her ability to render satisfactory service, but the commissioner of buildings and general services with the approval of the secretary of administration, shall have the right to reject any and all bids and to invite other bids.

(b) Each contract awarded under this section for any state project with a construction cost exceeding $100,000.00 and which is authorized or funded in whole or in part by a capital construction act pursuant to section 701a of Title 32, including such a project of the University of Vermont and State Agricultural College and of the Vermont State Colleges, shall provide that all construction employees working on the project shall be paid no less than the mean prevailing wage published periodically by the department of employment and training in its occupational employment and wage survey.

Sec. 73. 29 V.S.A. § 214 (city state commission) is amended to read:

§ 214. SUNSET

This chapter shall be repealed on July 1, *[1999]* 2004.

Sec. 74. 29 V.S.A. § 821 is amended to read:

§ 821. STATE FACILITIES

(a) State buildings.

(1) "Asa Bloomer State Office Building" shall be the name of the building now known as the "Hulett" office building in the city of Rutland.

(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.

(3) "Edgar M. Weed State Fish Hatchery" shall be the name of the state fish hatchery on Lake Champlain in Grand Isle.

(4) "Mac L. Stevens Memorial Hangar" shall be the name of the aircraft hangar at the agency of transportation district 6 headquarters at the E.F. Knapp Airport in Berlin.

(5) "John J. Zampieri State Office Building" shall be the name of the state office building at 108 Cherry Street in Burlington.

* * *

Sec. 75. 29 V.S.A. § 1160 is amended to read:

§ 1160. JOURNALS AND CALENDARS OF THE SENATE AND HOUSE OF

REPRESENTATIVES

(a) One copy of the journal of the senate shall be distributed to each current member of the senate requesting the journal in writing by July 1 of each year, and one copy of the journal of the house of representatives shall be distributed to each current member of the house of representatives requesting the journal in writing by July 1 of each year. An additional 10 copies of the journal of the senate and 20 copies of the journal of the house of representatives shall be distributed to the sergeant at arms who shall make the copies available to all members of the general assembly in a common area of the state house.

(b) The journals of the senate and house of representatives shall be distributed asfollows:

To the secretary of state, to the clerks of the house of representatives, and to the secretary of the senate, five copies each. One copy to each upon written request made by July 1 of each year shall be made available to the following officers and institutions: elective and appointive state officers, the clerk of each state board, justices and ex-justices of the supreme court, superior judges, the reporter of decisions, the attorney general, senators and representatives of this state in Congress, *[members of the general assembly during the session of which it is a journal,]* county clerks, town clerks, the University of Vermont, Middlebury College, Norwich University, Vermont historical society, each free public library in the state, each state, territorial or district library in the United States, each province of the Dominion of Canada, each teacher training course and the state agricultural school. Any copies remaining undisposed of shall be disposed of in the same manner as provided for the surplus copies of the acts and resolves.

(c) Each member of the house of representatives shall receive a daily copy of the house calendar, and each member of the senate shall receive a daily copy of the senate calendar. Upon request made to the legislative council by a date prior to each legislative session set by the legislative council, a sufficient number of daily house and senate journals, and of daily house and senate calendars, shall be available to the members of the house of representatives and of the senate requesting them.

Sec. 76. 29 V.S.A. § 1556 is amended to read:

§ 1556. STATE SURPLUS PROPERTY

All material, equipment and supplies found to be surplus by any state agency or department shall be transferred to the commissioner of buildings and general services. The commissioner of buildings and general services shall be responsible for the disposal of surplus state property. The commissioner of buildings and general services may:

(1) transfer the property to any other state agency or department having a justifiable need for the property;

(2) store or warehouse the property for future needs of the state;

(3) recondition and repair any property for use or sale when economically feasible;

(4) sell surplus property by any suitable means including but not limited to, bids orauctions; or

(5) donate, at no charge, surplus motor vehicles and related equipment, to any nonprofit entity engaged in rehabilitating and redistributing motor vehicles to low income Vermont residents, provided that the commissioner has first attempted to sell or satisfy the needs of the state for the vehicles or equipment concerned.

Sec. 77. USE OF EMINENT DOMAIN FOR SOUTHEAST STATE CORRECTIONAL

FACILITY IN SPRINGFIELD

(a) Purpose.

The general assembly of the state of Vermont hereby finds, determines and declares that it is necessary and desirable to acquire the property described in subsection (b) of this section for the Southeast State Correctional Facility in Springfield, and for the promotion of the general welfare. Furthermore, it is hereby determined that the taking as described in subsection (c) of this section is reasonably necessary for the use and benefit of the people of the state of Vermont.

(b) Definitions. As used herein:

(1) "Southeast State Correctional Facility" means the project in the Town of Springfield authorized by the general assembly, including the appropriation of state funds for this purpose, by Sec. 9(a)(1)(B) of Act No. 62 of the Acts of 1997 and by Sec. 3(c) of this act. The project is further defined as the so-called "Ho Jo's pit" parcel adjacent to I-91 and north of the Holiday Inn at the I-91 interchange in Springfield.

(2) "Necessity" shall mean a reasonable need which considers the greatest public good and the least inconvenience to the condemning party and to the property owner. Necessity shall not be measured merely by expense or convenience to the condemning party. Due consideration shall be given to the adequacy of other property and locations. Consideration also shall be given to the effect upon home and homestead rights and the convenience of the owner of the land; to the effect of the project upon the scenic and recreational values of the Town of Springfield; to the need to accommodate present and future utility installations to the Southeast State Correctional Facility; to the need to mitigate the environmental impacts of project construction; and to the effect upon thegrand list and revenues of the Town of Springfield.

(3) "Damages" shall mean with regard to any damages resulting from the taking or use of property for this project, the value for the most reasonable use of the property or right in the property, and the direct and proximate decrease in the value of the remaining property or right in the property. The added value, if any, to the remaining property or right in the property, which accrues directly to the owner of the property as a result of the taking or use, as distinguished from the general public benefit, shall be considered in the determination of damages.

(4) "Interested person" shall mean a person who has a legal interest of record in the property affected.

(c) Acquisition of property.

(1) The agency of administration, pursuant to the declaration of policy contained in subsection (a) of this section, may acquire all the real property, with any buildings or other improvements thereof, located in whole or in part within the boundaries of the Southeast State Correctional Facility project as described in subsection (b) of this section, by the exercise of the power of eminent domain, which is hereby conferred.

(2) The attorney general, on behalf of the agency of administration, shall petition the Windsor County court to issue its order of condemnation vesting title to said property with the state, and fixing the amount of compensation to be paid therefor. Copies of the petition shall be served on all interested persons in accordance with the provisions of the Vermont Rules of Civil Procedure. The Town of Springfield shall be served by sending a copy of the petition, by certified mail, to the town clerk.

(3) The court shall set the petition for hearing within 90 days after the filing thereof unless waived in writing by all parties, including the state, provided nevertheless that a failure by the court to set the hearing as required by this section shall not be so construed as to defeat or otherwise invalidate or nullify the petition.

(4) At the time and place appointed for the hearing, the court, consisting of the superior judge signing the order or another superior judge as may be assigned and, if available within the meaning of section 112 of Title 4, at least one of the two assistantjudges of Windsor County shall hear all interested persons who appear and wish to be heard on the questions of necessity and compensation. At the conclusion of the hearing, the court shall prepare its findings of fact, conclusions of law and order on the questions of necessity and compensation. Any party to the proceedings, including the state, who appeared at the hearing and is dissatisfied with the order of the court, or any part thereof, may appeal to the supreme court.

(5) If the superior court grants necessity and an appeal is taken to the supreme court from the order of necessity, the effect of the necessity order may be stayed by the superior court or the supreme court where the appellant establishes that (i) he or she has a likelihood of success on the merits, (ii) he or she will suffer irreparable harm in the absence of the requested stay, (iii) other parties will not be substantially harmed if a stay is granted, and (iv) that the public interest supports a grant of the proposed stay. If no stay is granted, or if a stay is granted, upon final disposition of the appeal a copy of the order of the court shall be recorded within 30 days with the town clerk of the Town of Springfield, and with the secretary of state.

(6) The state shall take title to specific parcels of property as follows: (i) by paying the amount specified in the order of the superior court with regard to a specific parcel within 45 days from the date of the order and concurrently recording a copy of the order with the town clerk of the Town of Springfield, and with the secretary of state; or (ii) if the state appeals the portion of the superior court's order regarding compensation for a specific parcel, by paying no less than the amount of the state's appraised fair market value of that parcel within 45 days from the date of the superior court order, and concurrently recording a certification of payment and a copy of the notice of appeal with the town clerk of the Town of Springfield. In either event, payment shall be made by check payable jointly to all persons having a legal interest of record in the property. The check shall be delivered in person or by mail to the person holding record fee title to the property.

(d) Credit of the state.

Credit of the state of Vermont is pledged to the payment of all amounts awarded or allowed under the provisions of this section, and such amounts should be lawfulobligations of the state of Vermont.

(e) Purchase.

This section shall not be construed to deny to the state the right to purchase the subject property if it can be accomplished at a price satisfactory to the secretary of administration.

Sec. 78. DUXBURY SCHOOL DISTRICT; STATE FUNDING

Notwithstanding the repeal of subsection 3448(c) of Title 16 by Sec. 61 of Act No. 62 of the Acts of 1995 as amended by Sec. 7a of Act No. 185 of the Acts of 1995 (Adjourned Session), and notwithstanding the provisions of that subsection requiring joint financing as a condition of eligibility for an award thereunder, the Duxbury School District shall be eligible for an award of 50 percent of the costs of its financing of the purchase, on behalf of the Union 45 School District, of the Waterbury Elementary School.

Sec. 79. SCHOOL CONSTRUCTION AID ELIGIBILITY

The state board of education shall apply provisions of law on state financial aid with school construction in effect prior to March 15, 1996 to requests for such aid with projects approved by voters for the Smilie Memorial School in Bolton and the North Country Union High School in Newport. These requests shall also be subject to the provisions of the second paragraph of Sec. 81(a)(2) of Act No. 185 of the Acts of 1995 (Adjourned Session), including provisions therein for short-term borrowing.

Sec. 80. EMERGENCY MANAGEMENT; STATE AND LOCAL ASSISTANCE

PROGRAM

The emergency management division of the department of public safety shall develop a revised policy to distribute funds received by the state through the State and Local Emergency Management Assistance Program. The division shall consider as part of the policy the priority funding of local jurisdictions without existing emergency plans by providing capacity grants to those jurisdictions, or by working through regional planning commissions.

Sec. 81. CAMPGROUND NAME

Notwithstanding the provisions of chapter 9 of Title 10, the "Missisquoi Campground Picnic Area" located on Route 105 is renamed the "George Deatte Picnic Area at theMissisquoi Campground". The agency of transportation shall install a sign for the benefit of the traveling public which displays the new name of the campground.

Sec. 82. STUDY; VERMONT CORRECTIONAL INDUSTRIES

The offender work programs board established by section 761 of Title 28 shall:

(1) Study the feasibility of resuming the furniture restoration project at the Northern State Correctional Facility, in Newport. The board shall develop a pricing policy for such restorations which is comparable to area furniture restoration businesses.

(2) Study the implementation of a working protocol between the Vermont Correctional Industries case goods manufacturing program and private sector case goods manufacturers.

Sec. 83. STUDY; USE OF 9 BALDWIN STREET; MEDIA CENTER

The commissioner of buildings and general services shall study the feasibility of leasing 9 Baldwin Street in Montpelier to members of the news media. The study shall consider, but is not limited to, whether the building should be used for a state government purpose or leased, and if leased under what conditions, including: what entity or entities should be able to lease or sublease the property; maintenance provisions; holding the City of Montpelier harmless with a payment in lieu of property taxes; and possible use of the building as a media center. The commissioner shall report on the study by January 15, 1999 to the house and senate committees on institutions.

Sec. 84. STUDY; STATE TREASURER; USE OF BOND BANK

The state treasurer is directed to study the feasibility of authorizing nonsectarian and nondiscriminatory independent schools accepting publicly tuitioned students and located in Vermont, including the Austine School for the Deaf and Hard of Hearing in Brattleboro, to issue bonds for purchase by the Vermont municipal bond bank. The study shall consider the impact of such an authorization on the credit ratings of the state and examine possible alternative methods of accessing tax exempt financing. The treasurer shall consult with potentially affected schools, the bond bank, relevant state agencies, the state's bond counsel and any other appropriate party. The state treasurer shall submit a report on the study by January 15, 1999 to the house and senate committees oninstitutions and to the house committee on ways and means and the senate committee on finance.

Sec. 85. STUDY; ESSEX AND ORLEANS REGION; PLANNING;

ECONOMIC DEVELOPMENT

(a) The secretary of commerce and community development shall study the creation of a new regional planning commission serving Orleans County and the northern half of Essex County, to include interested towns which are now part of the Orleans-Northern Essex Supervisory Union. The secretary shall report results of the study, including a cost benefit analysis, by March 15, 1999 to the general assembly.

(b) The secretary of commerce and community development shall study the creation and funding of a regional economic development authority to serve the same geographic area referred to in subsection (a) of this section. The secretary shall report results of the study, including a cost benefit analysis, by March 15, 1999 to the general assembly.

Sec. 86. STUDY; GOVERNMENT CALL CENTER

The chief information officer (CIO) and the commissioner of buildings and general services shall analyze and develop a plan for meeting the telecommunications call center needs of state government, and submit the plan by January 15, 1999 to the house and senate committees on appropriations, government operations and institutions. The CIO shall during such analysis and planning confer with the several Vermont-based private industry leaders in this field.

Sec. 87. STUDY; TELEVISION BROADCASTING FROM THE STATE HOUSE

(a) Staff of the legislative council and of the joint fiscal committee shall study television broadcasting from the state house. Staff shall consult with and seek the assistance of the chief information officer, the Vermont State Employees' Association, and representatives of public access television, commercial cable and wireless television, Vermont interactive television, and Internet service providers.

(b) Study topics shall include equipment specifications; equipment purchasing, leasing or third-party contracting; equipment usage by legislative and nonlegislative parties; event coverage and scheduling; preparation for cable casting; broadcasting legislative protocol;and start up and longer-range plans.

(c) Staff shall report periodically on study results and recommendations, including a draft budget, to the State House advisory committee.

Sec. 88. CAPITAL BUDGET AND LONG-RANGE CAPITAL PROGRAM PLAN

It is the intent of the general assembly that the annual consolidated capital budget request submitted by the governor pursuant to section 309 of Title 32 shall be accompanied by, and placed in the context of, a long-range state capital program plan which the governor is required to prepare pursuant to section 310 of Title 32.

Sec. 89. S.240 as passed by the 1998 General Assembly is amended as follows:

First: In Sec. 3, 28 V.S.A. § 551(e), after the following: "no right to bail" by inserting the following: "or release"

Second: In Sec. 4, 28 V.S.A. § 301(4), in the last sentence, by striking the following: "a hearing on the merits upon" and inserting in lieu thereof the following: "arraignment for", and after the last sentence, by adding two new sentences as follows: "Thereafter, the court may release the probationer pursuant to section 7554 of Title 13. There shall be no right to bail or release."

Third: In Sec. 5, 28 V.S.A. § 363(c), after the last sentence, by adding a new sentence as follows: "There shall be no right to bail or release."

* * * Effective Date * * *

Sec. 90. EFFECTIVE DATE

This act shall take effect from passage.

Approved: April 29, 1998