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ACT NO. 148

(H.850)

Capital Appropriations, Bonding and Other Enactments

This act appropriates capital funds and authorizes their financing with state bonding. The act also adds or amends state law on a variety of subjects, and requires the preparation of several legislative reports.

Monetary Provisions.

Appropriations in this act.

Total spending authorized by the act is $34,276,077. Of this total, $276,077 is supported with proceeds from the unspent capital appropriations from previous years, which leaves a balance of $34,000,000 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 new long-term state debt authorized by the legislature in 1999 not exceed $34,000,000.

Of the total amount appropriated:

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

- 43 percent is for financial assistance with capital projects undertaken by municipalities and public school districts, nonprofit organizations, or private citizens.

Six individual appropriations in the act are of $1,000,000 or more each, and together constitute 50 percent of the total amount appropriated by the act. The items and amounts are as follows:

- School construction grants to municipalities 9,000,000

- University of Vermont, Burlington, Perkins Geology Building 3,165,000

- Water supply grants or loans to municipalities 1,600,000

- Grants to farmers for non-point source wastewater abatement 1,200,000

- Vermont State Colleges, major maintenance 1,080,000

- State parks infrastructure improvements 1,015,000

Total $17,060,000

In addition to these individual appropriations, the act authorizes 107 individual amounts to be spent for 115 other individual projects or programs to be carried out by or on behalf of:

- Agency of Commerce and Community Development

- Agency of Human Services

- Agency of Natural Resources

- Department of Buildings and General Services

- Department of Education

- Department of Military

- Department of Public Safety

- the Judiciary

- Vermont Arts Council

- Vermont Criminal Justice Training Council

- Vermont Fire Service Training Council

- Vermont Historical Society

- Vermont Public Television

- Vermont Public Radio

- Vermont Veterans' Home

- various municipalities and nonprofit organizations

Capital appropriations in other acts.

In addition to the appropriations of the 2000 Capital Construction Act, the 2000 legislature also appropriated approximately $34,000,000 from general fund revenues for capital programs and projects which ordinarily would be contained in the Capital Construction Act and funded by state bonding, plus an additional $10,000,000 in general fund revenues for other capital projects in lieu of state bonding already authorized for those projects. These additional appropriations are authorized in Act No. 66, the FY 2000 Budget Adjustment Act, and Act No. 152, the FY 2001 Omnibus Appropriations Act. However, approximately one-third of these funds are contingent on anticipated surpluses actually materializing. These additional appropriations are as follows:

I. Reduce authorized but unissued general obligation bonds 10,000,000

II. Specific capital programs and projects:

- Department of Education:

- Grants for local school construction* 10,000,000

- Vocational Technical Center, Springfield 3,000,000

- Agency of Natural Resources activities:

- Municipal water pollution treatment facilities 7,450,000

- Waterbury dam 510,000

- Sunset Lake dam, Brookfield 50,000

- Vermont Housing and Conservation Trust; mainly housing 4,900,000

- Department of Corrections, Southwest State Correctional

Facility, Springfield 4,000,000

- Department of Public Safety, digital replacement of

microwave communication system 1,800,000

- Downtown revitalization grants 1,000,000

- Barre Granite Museum 500,000

- Department of Agriculture, Food and Markets,

state fair capital facilities 180,000

- World War II memorial, Washington DC 114,000

- Windham dental clinic 112,000

- Department of Social and Rehabilitation Services,

Woodside Juvenile Rehabilitation Center 60,000

- Capitol Complex, Montpelier, parking facility planning 50,000

Total $43,726,000

(*The $10,000,000 shown for school construction grants is an estimate of funds designated from the fiscal year 2000 general fund surplus. In fact, the amount available for this purpose will probably be greater than $10,000,000.)

Statutory additions and amendments.

The 2000 Capital Construction Act adds or amends state law on the following subjects. For details, see the section of the act identified.

A. Administration of state-owned property (Secs. 1(c), 4(b), 16(a), 42, 43, 44, 76, and 89).

B. Management and use of capital funds (Secs. 28 through 32).

C. Real estate transactions concerning state property (Secs. 33 through 36).

D. Amendments to previous capital construction acts (Secs. 37 through 41).

E. Capitol Police Department (Secs. 45 through 49).

F. State financial aid for private sewer systems (Secs. 50 through 55).

G. Department of Corrections Offender Work Programs (Secs. 56 through 60), restorative justice policy and corrections program (Secs. 61 through 70), facility names (Sec. 81) and facility design (Sec. 91).

H. Administrative judges (Secs. 71 through 75).

I. Regional emergency response commission expenses (Sec. 78).

J. Number of library directors (Sec. 79).

K. Public oversight of triathlons on public waters and roads (Sec. 80).

L. Naming of Meeks Peak (Secs. 82 and 83).

M. Landfill variances (Sec. 84).

N. Public meeting notices (Sec. 85).

O. Fees paid to state agencies (Sec. 86).

P. State bond issuance process (Sec. 87).

Q. School construction state aid (Sec. 88).

R. Public access to court records (Sec. 92).

Legislative Reports.

The 2000 Capital Construction Act also requires the following legislative reports. For detail, see the section of the act identified.

A. Reports to House and Senate Committees on Institutions; due January 15, 2001:

1. From Department of Buildings and General Services and Legislative Council staff: quarters for state employee child care in Montpelier (Sec. 1(d)).

2. From Departments of Buildings and General Services and of Education: technical education center construction standards (Sec. 44).

3. From task force to study correctional furlough program: furlough program and related community issues (Sec. 2(c)).

4. From Agency of Natural Resources: alternative methods of wastewater disposal along Lake Champlain shore in Town of St. Albans (Sec. 16(b)).

B. Reports to House and Senate Committees on Education and on Institutions; due January 15, 2001:

1. From North Country Career Center Governance Board: actions to implement career center plans (Sec. 11).

2. From Chittenden County Workforce Investment Board: phase two study, comprehensive technical academy and workforce development center serving Chittenden County area (Sec. 12).

3. From Departments of Buildings and General Services and of Education: state school construction financial aid for the Austine School (Sec. 77).

C. Report to House and Senate Committee on Institutions, due when action required is taken: from Department of Housing and Community Affairs, on operation of Plymouth Notch Cheese Factory (Sec. 39).

D. Report to House and Senate Committees on Appropriations and on Institutions, due on January 15, 2001: from Departments of Buildings and General Services and of Corrections, on community bed-space for offender placements, and on feasibility of reopening county jails to house persons in state corrections custody (Sec. 90).

E. Report to House and Senate Committees on Appropriations, on Institutions and on Judiciary, due on January 15, 2001: from Commissioners of Corrections and of Social and Rehabilitation Services, on the detention of youth (Sec. 3).

F. Report to House Committees on Commerce and on Government Operations, due on a quarterly basis: from Vermont Emergency Management Division, Department of Public Safety, on enhanced 911 database used for emergency notifications (Sec. 19(c)).

G. Report to Chairs of House and Senate Committees on Institutions and on Judiciary, annually by January 15: from Commissioner of Corrections, on community placements pursuant to Section 104 of Title 28 (Sec. 69).

H. Reports to Chairs of House and Senate Committees on Institutions pursuant to Subsections 751b(c), (d) and (f) of Title 28 (Sec. 58):

1. Annually by January 1, from Commissioner of Corrections, on any nonprofit organizations receiving Offender Work Programs goods or services.

2. Annually by January 15, from Commissioner of Corrections, on Offender Work Programs hours, rates of compensation and conditions of offender work.

3. Annually by October 1, from Director of Offender Work Programs, the program annual report and two-year work program plan.

I. Report to Joint Fiscal Office, annually: from Offender Work Programs Board, on activities of Department of Corrections Offender Work Programs pursuant to Subdivision 751(b)(2) of Title 28 (Sec. 60).

J. Report to Chairs of House and Senate Committees on Institutions, annually for fiscal years 2001, 2002 and 2003: from Joint Fiscal Office, on analysis of Department of Corrections Offender Work Programs pursuant to Subsection 752(f) of Title 28 (Sec. 59).

K. Report to Governor: from Secretary of Human Services, on single parents facing incarceration (Sec. 2(b)).

Effective Date: May 24, 2000