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ACT NO. 148


Capital Budget

This act appropriates capital funds, authorizes the issuance of bonds for this purpose, and revises state law as indicated below.

Total spending authorized by the act is $42,773,191. Of this total, $3,028,200 is supported with general fund revenues, $695,000 with proceeds from the sale of state property, and $50,000 with unspent capital appropriations from previous years, which leaves a balance of$38,999,991 required in new long-term state debt.

The Capital Debt Affordability Advisory Committee, operating pursuant to 32 V.S.A. Chapter 13, subchapter 8, recommended that for fiscal year 1999, new long-term state general obligation debt not exceed $39,000,000.

Of the total amount appropriated:

- 53 percent is for funding grant-in-aid programs and individual capital projects undertaken by municipalities, nonprofit organizations, or private citizens.

- 40 percent is for funding individual capital projects in support of agencies of state government and institutions of higher education.

- 7 percent is for funding information technology purchases, including computers and television broadcasting equipment, in support of state agencies and nonprofit organizations.

Nine individual appropriations in the act are of $1,000,000 or more each, and together constitute 77 percent of the total amount appropriated by the act. The items and amounts are as follows:

- School construction grants to municipalities* 9,875,000

- Water pollution grants or loans to municipalities 6,211,792

- Water supply grants or loans to municipalities 4,300,398

- University of Vermont, Waterman Building, in Burlington 3,000,000

- Department of State Buildings major maintenance 2,170,000

- State Tax Department computer system 2,000,000

- Caledonia County Courthouse, in St. Johnsbury 2,000,000

- State office building, in Newport 1,994,000

- State office building, in Burlington 1,540,000

Total 33,091,190

(*A total of $10,000,000 is appropriated for school construction, of which $125,000 is allocated for other purposes.)

In addition to the capital appropriation for school construction from bonded funds, $7,000,000 is also appropriated for this purpose by the 1998 General Appropriations Act from education fund current state revenues.

This year no capital funds are allocated to the Vermont Housing and Conservation Trust, which in recent years has received a significant annual capital appropriation. However, the 1998 General Appropriations Act appropriates from general fund current state revenues a total of $8,284,741 for the Vermont Housing and Conservation Trust, including its administration.

In addition to the above individual capital appropriations, the capital construction act makes 78 individual appropriations for 78 other, individual capital projects or programs to be carried out by or on behalf of:

- Agency of Administration

- Agency of Commerce and Community Development

- Agency of Human Services

- Agency of Natural Resources

- Agency of Transportation

- Department of Agriculture, Food and Markets

- Department of Buildings and General Services

- Department of Education

- Department of Military

- Department of Public Safety

- the Judiciary

- Vermont Historical Society

- Vermont Public Television

- Vermont State Colleges

- Vermont Veterans' Home

- University of Vermont

- various municipalities and nonprofit organizations

The act also requires legislative reporting and adds or amends state law as follows:

A. Reports to the General Assembly:

1. Women's correctional facility; from Secretary of Human Services, with request for legislative approval; converting a portion of Vermont State Hospital to correctional facility:

- Report is to General Assembly or the Emergency Board when General Assembly is not in session after consultation with the Chairs of the House and Senate committees on Appropriations, Health and Welfare, and Institutions (Sec. 3(f)).

2. Plymouth Notch cheese factory; from Department of Housing and Community Affairs, with request for legislative approval; marketing plan and operating agreement (Sec. 5(a)(2)).

3. Regional planning and economic development; from Secretary of Commerce and Community Development; establishing a new planning commission and a new development authority, both to serve northeast area of state; due January 15, 1999 (Sec. 85).

B. Reports to the House and Senate Committees on Institutions; all due January 15, 1999:

1. From Division for Historic Preservation, Agency of Commerce and Community


a. Restoring and conserving Ethan Allen's grave site and monument, Green Mount

Cemetery, Burlington (Sec. 6(b)).

b. Returning to Vermont for burial the remains of Ira Allen (Sec. 6(c)).

2. From Department of Buildings and General Services:

a. Use of major maintenance funds earmarked for extension of town infrastructure, Brandon Industrial Park (Sec. 1(d)(4)).

b. Use of proceeds from sale of condominium space in Newport State Office Building:

- For State House skateboard damage, state buildings contingency fund, Springfield Vocational Technical Center, Vermont Public Television, Long Trail land acquisition, and non-point source pollution abatement (Sec. 22).

c. Use of 9 Baldwin Street, Montpelier, as media center (Sec. 83).

3. From Departments of Buildings and General Services, Corrections, Fish and Wildlife and Forests, Parks and Recreation:

- Possible private or public uses of state-owned land at Southeast State Correctional Facility, Windsor (Sec. 40).

C. Other reports; all due January 15, 1999 except as indicated otherwise:

1. From North Country Education and Employment Center Planning Committee:

- Preliminary plan for quarters for the center; to House and Senate Committees on Education and Institutions (Sec. 9(c)).

2. From State Treasurer:

- Permitting independent schools to secure funds through Vermont Bond Bank; to House and Senate Committees on Institutions, House Committee on Ways and Means, and Senate Committee on Finance (Sec. 84).

3. From Chief Information Officer:

- Telecommunications call center needs of state government; to House and Senate Committees on Appropriations, Government Operations, and Institutions (Sec. 86).

4. From Legislative Council staff:

- Television broadcasting from State House; to Legislative Advisory Committee on the State House; periodic reports, but no due date (Sec. 87).

D. Real estate transactions:

1. Concerning the Department of Buildings and General Services:

a. Authorize sale of state-owned parcel adjacent to Marbleworks, Middlebury

(Sec. 30).

b. Authorize sale of state-owned parcel to Union Mutual Fire Insurance Company,

Montpelier (Sec. 31).

c. Authorize transfer of state-owned Daniel Webster Memorial Acre on Stratton

Mountain to Town of Stratton (Sec. 32).

d. Authorize purchase of easements to "J.J. Newberry" property adjacent to the State

Office Building property, Newport (Sec. 36).

e. Authorize purchase of "Ho Jo's Pit" property at I-91 interchange, Springfield, for

site of correctional facility (Sec. 37):

- Includes possible use of eminent domain (authorized by Sec. 77).

2. Concerning the Department of Forests, Parks and Recreation:

a. Authorize purchase of shoreline property, Lake Willoughby, Westmore, from

Richard S. Soucier and Frank Skinner (Sec. 33).

b. Authorize exchange of property owned by Mt. Mansfield Company, Inc., in Stowe, for state-owned Smugglers' Notch State Park Campground, Mt. Mansfield State Forest, Stowe (Sec. 35).

3. Concerning the Agency of Transportation:

a. Authorize conveyance of state-owned parcels on Depot Street, Village of Enosburg Falls, to Bates Farm Home and Garden Supply (Sec. 38).

b. Authorize conveyance of state-owned parcels at junction of Archibald and Depot streets, Village of Enosburg Falls, to the American Legion Enosburg Post No. 42 (Sec. 39).

4. Concerning other entities:

a. Authorize Vermont Housing and Conservation Board, and others, to study and negotiate terms of purchasing Bingham Falls parcel on Mountain Road, Stowe (Sec. 28).

b. Authorize Secretary of Transportation and Commissioner of Buildings and General Services to sell state-owned properties on U.S. Route 5, Derby (Sec. 29).

c. Authorize Secretary of Natural Resources to lease buildings and land at Edgar M. Weed State Fish Hatchery, Grand Isle (Sec. 34).

E. Other statutory amendments and additions:

1. Management and use of capital funds:

a. Authorize transfer of capital appropriations by secretaries of Administration and Natural Resources, and Commissioner of Buildings and General Services (Sec. 25).

b. Authorize grant acceptance by Adjutant General, Commandant of Vermont Veterans' Home, and Commissioners of Corrections, Environmental Conservation, and Taxes (Sec. 27).

c. Authorize Vermont State Colleges to spend its capital funds (Sec. 26).

d. Express legislative intent that Governor comply with Title 32, sections 309 and 310 regarding capital budget and long-range capital program plan (Sec. 88).

2. Amendments to previous capital construction acts:

a. Amend Sec. 8(c) of Act No. 62 of the Acts of 1997; composition of Tax Department computer system planning committee (Sec. 41).

b. Amend Sec. 9(a)(1)(B) of Act No. 62 of the Acts of 1997; approval of correctional facility site by Town of Windsor voters (Sec. 42).

c. Amend Sec. 12(a)(4) of Act No. 62 of the Acts of 1997; loans to acquire historic objects for state-owned historic sites (Sec. 43).

d. Amend Sec. 23(g)(1) of Act No. 62 of the Acts of 1997; terms of local match by Town of Bloomfield to capital appropriation (Sec. 44).

e. Amend Sec. 37 of Act No. 62 of the Acts of 1997; convey condominium and lease-purchase space in Newport State Office Building (Sec. 45).

f. Amend Sec. 9(e) of Act No. 233 of the Acts of 1993 (Adjourned Session) as subsequently amended; terms of loan to rebuild fairground grandstand (Sec. 46).

g. Amend Sec. 89(b) of Act No. 233 of the Acts of 1993 (Adjourned Session) as subsequently amended; definition of the property constituting Newport State Office Building and Waterfront project (Sec. 47).

3. Concerning administration of state-owned property:

a. Amend Title 10, section 2606 and Title 29, Section 104; permit legislative approval of property transactions by resolution (Secs. 70 and 71).

b. Reenact, with amendments, Title 29, Chapter 2; art in state buildings (Secs. 48 and 49).

c. Amend Title 29, Section 161; require prevailing wage be paid workers on state construction projects (Sec. 72).

d. Amend Title 29, Section 214; extend sunset on City-State Commission (Sec. 73).

e. Amend Title 29, Section 821; name "John J. Zampieri State Office Building" and "Mac L. Stevens Memorial Hangar (Sec. 74); rename "George Deatte Picnic Area" (Sec. 81).

f. Amend Title 29, Section 1556; donate state surplus motor vehicles for use by low income Vermonters (Sec. 76).

4. Concerning Department of Corrections:

a. Amend Title 28, several sections; Parole Board composition and procedures (Secs. 55 through 66).

b. Amend S.240 of the 1998 session; provisions of Title 28 regarding parole (Sec. 89).

c. Amend Title 28, Section 760; workers' compensation for inmates (Sec. 69).

d. Offender Work Programs Board; study resumption of furniture restoration and develop protocol to avoid competition with private sector case goods manufacturers (Sec. 82).

5. Concerning Department of Environmental Conservation water supply programs:

- Amend Title 24, several sections; use of state revolving funds to help finance public and private community water and sewer infrastructure (Secs. 51 through 54).

6. Concerning other individual subjects:

a. Amend Title 6, Section 4823(a); include Connecticut River basin as priority area for funding non-point source waste abatement (Sec. 67).

b. Amend Title 16, Section 3851; add assisted living facilities to financing law (Sec. 68).

c. Amend Title 29, Section 1160; limits distribution of House and Senate Journals (Sec. 75).

d Authorize specified levels of state school construction aid to: Bolton School District, Duxbury School District, North Country Union District, and Waterbury Elementary School District (Secs. 78 and 79).

e. Require Emergency Management Division, Department of Public Safety to revise local government aid distribution policy (Sec. 80).

Effective Date: On passage, April 29, 1998