NO. 149. AN ACT RELATING TO CAPITAL CONSTRUCTION, STATE BONDING AND THE DEPARTMENT OF CORRECTIONS.
(H.763)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1a.
SHORT TITLE
This act may be referred to as the 2002
Capital Construction Bill or the 2002 Capital Construction Act.
* * * Capital Appropriations * * *
Sec. 1b.
STATE BUILDINGS
The sum of $16,774,000 is appropriated to
the department of buildings and general services, and the commissioner is
authorized to direct funds appropriated in this section to the projects
contained in this section; however, no project shall be cancelled unless the
chairs of the house and senate committees on institutions are notified before
that action is taken. The individual
appropriations in this section are estimates only.
(1)
Barre, McFarland House, state office building, renovation: (1,000,000)
(2)
[DELETED]
(3)
Department of health laboratory and criminal justice forensic science
laboratory, colocation, study of possible sites and development of conceptual
design: (200,000)
(4)
Middlesex, capital area day care, renovations: (65,000)
(5)
Montpelier, 133 State Street, phase one renovations: (4,200,000)
(6)
Montpelier, Vermont Mutual Insurance Co., purchase
of building; provided disbursement of this
appropriation is contingent upon execution by the state and the city of
Montpelier of the agreement required by Sec. 1(c) of No. 89 of the Acts of
2002: (3,200,000)
(7)
Montpelier, State House, planning and design of addition; provided the
special committee established in Sec. 2(b) of No. 61 of the Acts of 2001 shall
oversee the planning, design, and purchases, and shall be responsible for space
assignment and use; and further provided, of this appropriation, the sum of
$42,500 shall be used to purchase conference tables and chairs for four first
floor committee rooms: (750,000)
(8)
Montpelier, Vermont Historical Society, renovations to Pavilion
Building: (950,000)
(9)
Montpelier, Vermont liquor control building, upgrades to ventilation
system: (150,000)
(10)
Montpelier, work towards completion of capitol complex security:
(240,000)
(11)
Newport, Glen Road, state’s total share of major reconstruction,
pass-through for use by the City of Newport to reconstruct the road to a
construction standard, and in accordance with a plan approved by the
commissioner of buildings and general services: (319,000)
(12)
Statewide, major maintenance: (4,300,000)
(13)
Statewide, Americans with Disabilities Act, accessibility to public
buildings: (500,000)
(14)
Statewide, contingency fund: (500,000)
(15)
Statewide, building reuse: (125,000)
(16)
Statewide, planning: (35,000)
(17)
Statewide, roof replacement, phase three: (200,000)
(18)
Statewide, State House, historic flag conservation: (40,000)
(Total appropriation – Section 1b
$16,774,000)
Sec. 2.
HUMAN SERVICES
The following sums are appropriated to the
department of buildings and general services for the agency of human services
for:
(1)
Springfield, Southern State Correctional Facility, phase two
construction completion: 2,000,000
(2)
Statewide, district office security renovations: 50,000
(3)
Statewide, correctional facilities, security and life safety
improvements: 400,000
(4)
South Burlington, Chittenden Regional Correctional Facility,
installation of sprinkler: 500,000
(Total appropriation – Section 2 $2,950,000)
Sec. 3.
JUDICIARY
The sum of $3,000,000 is appropriated to the
department of buildings and general services for the judiciary for phase one
construction of the Rutland courthouse.
(Total appropriation – Section 3 $3,000,000)
Sec. 4.
COMMERCE AND COMMUNITY DEVELOPMENT
(a)
The sum of $200,000 is appropriated to the department of buildings and
general services for the agency of commerce and community development for major
maintenance at historic sites statewide.
(b)
The sum of $450,000 is appropriated to the agency of commerce and
community development for renovations at historic sites. The agency of commerce and community
development is authorized to direct funds appropriated in this subsection to
the projects listed below; however, no project shall be cancelled unless the
chairs of the house and senate committees on institutions are notified before
that action is taken. The individual
amounts in this subsection are estimates only:
(1)
Bennington, Bennington Battle monument, stairway and cast iron repairs: (125,000)
(2)
Bennington, Bennington Battle monument, gift shop repairs: (20,000)
(3)
Calais, Kent Tavern museum, wall stabilization: (20,000)
(4)
Hubbardton, Hubbardton Revolutionary War battlefield, for restoration of
the Fuller House, the Fuller House barn, and the schoolhouse: (220,000)
(5)
Orwell, Mount Independence state historic site, construction of secure
storage building for maintenance equipment: (25,000)
(6)
Strafford, Morrill Homestead, matching funds for transportation
enhancement grant to design and construct a visitor/education building: (40,000)
(c)
The following sums are appropriated to the agency of commerce and
community development, division for historic preservation, for:
(1)
Historic preservation grants: 150,000
(2)
Historic barns and agricultural buildings grants; no additional
consideration shall be given for a barn or agricultural building that is in
active use: 125,000
(d)
The sum of $40,000 is appropriated to the agency of commerce and
community development for the cultural facilities grant program, for state
grants, for use in making capital improvements, to be made available on a one‑for-one
matching basis with funds raised from nonstate sources. No such grant shall be available for a
project receiving funding from any other appropriation of this act. This program shall be administered by the
Vermont Arts Council, which may use up to six percent of the total amount
appropriated to administer the program.
The remaining appropriation shall be awarded on a competitive
basis. In recommending grant awards, a
review panel shall give priority consideration to applicants who demonstrate
greater financial need or are in underserved areas of the state.
(e)
The sum of $5,000 is appropriated to the department of buildings and
general services for use to develop the illumination plan for the Bennington
Battle monument required in Sec. 59 of this act.
(f)
The sum of $50,000 is appropriated to the agency of commerce and
community development for the unmarked burial sites special fund established in
Sec. 57 of this act.
(Total appropriation – Section 4 $1,020,000)
Sec. 5.
EDUCATION
(a)
The following sums are appropriated to the department of education for:
(1)
state aid for school construction projects pursuant to section 3448 of
Title 16: 12,750,249
(2)
state assistance to regional technical education centers and
comprehensive high schools for the purchase of educational program equipment,
to be distributed in equal amounts to each center and high school with no local
matching funds required: 325,000
(b)
The following sums are appropriated to the department of buildings and
general services for technical center projects:
(1)
Chittenden County Regional Technical Center. The sum of $750,000 is appropriated for the combined Chittenden
County Regional Technical Center (“CCRTC”), which may be used as follows:
(A)
by the department of buildings and general services to secure an option
to lease, lease-purchase, or purchase a suitable site for the CCRTC. Any lease, lease-purchase, or purchase of
real property shall not be held in the name of the state, and the option shall
be assigned to the entity created to own and operate the CCRTC or to an entity
designated, by the Burlington School Board and the Essex Community Educational
Center Union 46 School Board in consultation with the Lake Champlain Regional
Chamber of Commerce, to hold the option until the operating entity of the CCRTC
is created;
(B)
by the department of buildings and general services to complete:
(i)
final site selection for the CCRTC facility;
(ii)
preliminary drawings; and
(iii)
the estimated cost of the project; and
(C)
by the Lake Champlain Regional Chamber of Commerce, for use by the Lake
Champlain Workforce Investment Board, in coordination with the department of
education, to complete:
(i)
the proposed educational program for submission to the state board of
education;
(ii)
the final estimated start-up and long-term budgets;
(iii)
a joint proposal with the Burlington School Board and the Essex
Community Educational Center Union 46 School Board regarding disposition of the
existing technical center space; and
(iv)
a detailed timeline of when the voters of the regions to be served by
CCRTC shall vote on the adoption of an alternative governance structure and the
formation of a four-year regional technical academy school district pursuant to
16 V.S.A. chapter 37, subchapter 5A.
(v)
The general assembly finds that it is in the best interest of the
regions served by the Burlington Technical Center and the Center for
Technology, Essex to combine their administrative operations and colocate their
operations at a single site to reduce operational costs and increase
educational opportunities. The Burlington
School Board and the Essex Community Educational Center Union 46 School Board
are authorized, prior to the vote referenced in subdivision (b)(1)(C)(iv) of
this section, to combine their operations at a single site, and to be governed
by a structure to be determined by those boards, after consultation with the
department of education and if approved by a positive vote of the electorate of
both school districts on the question of whether a joint contract district
shall be formed, as authorized by 16 V.S.A. chapter 11, subchapter 1. The question presented to the electorate of
the two school districts shall be substantially as follows: “Shall the electorate authorize the Burlington
School Board and the Essex Community Educational Center Union 46 School Board
to form a joint contract district to operate a combined Burlington Technical
Center and Center for Technology, Essex?”
(D)
Notwithstanding any provisions of 16 V.S.A. § 1572 that may be to the
contrary, the Chittenden Area Regional Technical Academy Committee, which was
established in March 2001 and which produced a report in October 2001
recommending establishment of a four-year regional technical academy, is the
planning committee for the CCRTC project for purposes of section 1572.
(E)
The department of buildings and general services and the Lake Champlain
Regional Chamber of Commerce shall report their respective findings,
recommendations, and timeline to the house and senate committees on
institutions on or before January 15, 2003.
However, nothing in this section shall preclude the commissioner of
buildings and general services from executing the option authorized in
subdivision (b)(1)(A) of this
section or preclude activities that would allow commencement of a consolidated
technical program during the 2003-2004 school year.
(2) North Country Career and
Technical Center.
(A) Findings. The general assembly finds that:
(i) On March 27, 2001, Kathy
Austin, chair of the North Country Career Center Governance Board, and Grant
Spates, chair of the North Country Union High School Board, testified before
the senate committee on institutions.
(ii) The two board chairs, on
behalf of and with the majority votes of their respective boards, and with the
approval of the department of education, jointly recommended, because of the
space requirements necessary to accommodate the proposed programs and course
offerings, the new technical center be constructed as a stand-alone facility on
a specific offsite location in the town of Derby.
(iii) On the basis of that
recommendation, the 2001 general assembly appropriated the sum of $950,000 in
Sec. 6(c)(2) of No. 61 of the Acts of 2001 for “planning, design, and
engineering of a new, stand-alone facility” for the technical center “at a
location off the present site.”
(iv) The department of
buildings and general services has relied upon and acted pursuant to the joint
recommendation, which was adopted by the 2001 general assembly.
(v) Although the Orleans-Essex
North Supervisory Union Executive Committee and the North Country Union High
School Board have voted to reexamine whether the facility should be located
onsite or offsite, the North Country Career Center Governance Board has not
done so.
(vi) The junior senator from
the Essex-Orleans senate district and all but one of the members of the house
of representatives from Orleans and northern Essex Counties have reaffirmed, in
testimony before the committee of conference appointed to resolve the
differences between the house and senate versions of this act, their support
for continued development and construction of an offsite facility in Derby,
notwithstanding the newly‑announced position of one supervisory union and
the reconsideration request of the North Country Union High School Board.
(B) Appropriation. Based upon the findings set forth in
subdivision (b)(2)(A) of this section, the sum of $1,000,000 is appropriated
for the North Country Career and Technical Center (“NCCTC”), for the design and
construction of a stand-alone facility to be located in Derby, whose education
programs and specifications have been approved by the department of education, pursuant to the agreement reached in
2001 by the North Country Union High School Board of Directors and the North
Country Career Center Governance Board, and presented to the house and senate
committees on institutions during the 2001 legislative session.
(C)
Authorization. The department of
buildings and general services is authorized to obtain access from U.S. Route 5
to the proposed North Country career and technical center in Derby by
purchasing the approximately 4.407-acre parcel of land, located on the
northerly side of U.S. Route 5 and owned by Dustin and Maurice Sanville
(“Sanville property”), or by purchasing an easement across the Sanville property,
directly from the owners, if purchase can be accomplished at a price
satisfactory to the department.
Alternatively, the department may enter into an agreement to exchange
state lands or other consideration for the Sanville property if exchange can be
accomplished according to terms satisfactory to the department. The amount to be paid in this subdivision
shall be paid from any appropriation to the department of buildings and general
services contained in this act.
(3) The maximum cost for state
participation in the CCRTC and the NCCTC projects shall be determined pursuant
to the standards developed by the departments of education and of buildings and
general services pursuant to Sec. 44 of No. 148 of the Acts of 2000. No vote on the cost of construction, for
that portion of the project approved by the general assembly to receive 100
percent funding, is required by the voters in the region to be served by either
the CCRTC or the NCCTC for either project to receive state or federal
construction aid. Any portion of either
project that exceeds the maximum cost for state participation shall require
voter approval in a manner consistent with 24 V.S.A. § 1758.
(4)
Nothing in this subsection (b) shall be interpreted to alter any
provision of existing law requiring a vote regarding the expected operational
cost of each project. Any such vote for
the CCRTC project shall be under the supervision and direction of the
Chittenden Area Regional Technical Academy Committee, with administrative
support to be provided by the departments of education and of buildings and
general services. Any such vote for the
NCCTC project shall be under the supervision and direction of the North Country
Career Center Governance Board, with administrative support to be provided by
the departments of education and of buildings and general services.
(c)
The sum of $575,000 is appropriated to the department of buildings and
general services for the Austine School for the Deaf and Hard of Hearing for
ongoing renovations to Holton Hall.
(d)
The sum of $225,000 is appropriated to the department of education for
use by the Patricia A. Hannaford Career Center in Addison County to be used for
final architectural working plans, appropriate bid documents, and permits to be
in place by Spring 2003.
(e)
The sum of $150,000 is appropriated to the department of buildings and
general services for the agency of human services for the continuation and
expansion of the vocational training program for offenders, created in Sec.
2(a)(2)(A) of No. 148 of the Acts of 2000, to assist in the offenders’
successful transition to work upon release from custody in construction and
other trades and industries in the state.
(Total appropriation – Section 5 $15,775,249)
Sec. 6.
UNIVERSITY OF VERMONT
The sum of $3,100,000 is appropriated to the
department of buildings and general services for the University of Vermont for
renovation of the Given medical building; provided $250,000 of this
appropriation shall be used for continued planning and design of the ground-up
restoration of the Joseph E. Hills Agricultural Science Building.
(Total appropriation – Section 6 $3,100,000)
Sec. 7.
VERMONT STATE COLLEGES
The sum of $1,100,000 is appropriated to the
department of buildings and general services for the Vermont state colleges for
major facility maintenance.
(Total appropriation – Section 7 $1,100,000)
Sec. 8.
NATURAL RESOURCES
(a)
The following sums are appropriated to the agency of natural resources
for:
(1)
Water pollution grants and the state match for the pollution control and
public drinking water supply program state revolving fund loans, all in
accordance with chapter 55 of Title 10 and chapter 120 of Title 24; provided
this sum shall include an appropriation of $20,000 to the town of Derby, to
assist with the purchase and restoration of the former Robin Barrup property,
for preservation of the Clyde River: 7,000,000
(2)
Solid waste implementation grant, in accordance with 10 V.S.A.
§ 6603c, for a sludge storage facility, appurtenant construction, and
related engineering at the Bradford wastewater treatment facility: 180,000
(3)
Dams, maintenance and reconstruction; provided $35,000 of this
appropriation shall be made to supplement the $55,000 federal Land and Water
Conservation Fund grant for Harvey’s Lake dam to replace the existing dam with
an electronically‑controlled rubber bladder dam; and provided $30,000 of
this appropriation shall be made to enable engineering and design of repairs to
abate the imminent hazard posed by the Curtis Pond dam in Calais, with the
further provision that the state shall not be liable for any claims that may
arise from the work performed at that dam: 300,000
(4)
Forests, parks and recreation, construction of one-room and two‑room
cabins with electricity on existing state park camp sites; provided this
appropriation shall constitute a 50/50 match with federal Land and Water
Conservation Fund appropriations; provided construction costs shall not exceed
$15,000 per cabin; and provided the department shall actively pursue a proposal
to enter into an agreement with the St. Johnsbury Academy to construct the
cabins: . 175,000
(5)
Fish and wildlife, ongoing maintenance of conservation camps and
hatcheries; the individual amounts listed in this subdivision are estimates
only: 250,000
(A)
Bald Hill hatchery, completion of improved water system project: (50,000)
(B)
Salisbury hatchery, replacement of assistant supervisor’s existing
mobile house, which has electrical and structural problems: (50,000)
(C)
Bennington hatchery, continuation of water system and facility
improvements: (150,000)
(6)
[DELETED]
(7)
Castleton, Kehoe conservation camp cafeteria and education center, for
site preparation, to include removal of basketball court and connection of the
existing parking lot with the area intended to be built upon in 2004: 20,000
(b)
The secretary of natural resources shall study the state’s obligation or
role, if any, in the oversight, maintenance, and repair of dams, the ownership
of which is private, public, or unknown, and report back to the house and
senate committees on institutions on or before January 15, 2003 with any
recommendations as to the state’s obligation, if any, and recommended funding
sources.
(Total appropriation – Section 8 $7,925,000)
Sec. 9.
MILITARY
(a)
The sum of $150,000 is appropriated to the department of the military
for various capital needs arising from physical plant emergencies and
maintenance requirements.
(b)
If, on or before January 1, 2003, the selectboard of the Town of
Northfield and the trustees of the Village of Northfield vote to accept title
to the state-owned National Guard armory in Northfield, pursuant to the terms
of this subsection, and to dedicate that property to municipal use, then, upon
certification by the commissioner of buildings and general services that the
Vermont National Guard has been relocated from that armory, title to the armory
shall be conveyed to the Town and Village of Northfield for the sum of $1.00.
(c)
The sum of $10,000 is appropriated to the department of the military for
purchase and installation of a kitchen exhaust hood for the Rutland National
Guard armory.
(d)
The sum of $1,000 is appropriated to the secretary of administration for
the requested state contribution to the National Civil Defense Monument
Commission for the construction of a National Defense Emergency Management
Monument at the National Emergency Training Center in Emittsburg, Maryland.
(Total appropriation – Section 9 $161,000)
Sec. 10.
VERMONT VETERANS’ HOME
The sum of $50,000 is appropriated to the
department of buildings and general services for the Vermont veterans’ home for
roof replacement over the canteen area and laundry.
(Total appropriation – Section 10 $50,000)
Sec. 11.
PUBLIC SAFETY; FISH AND WILDLIFE
(a)
The following sums are appropriated to the department of buildings and
general services for the department of public safety and for the department of
fish and wildlife for the projects identified in this section:
(1)
Derby, state police station/PSAP, for construction of a storage garage;: 50,000
(2)
Addison County, state police station, to purchase land, and to design
and engineer a new state police station in Addison County to replace the station
currently located in Middlebury, as a stand-alone facility:
250,000
(3)
Brighton, Paradis Mountain, for installation of antennae and related
transmitter equipment necessary to enhance UHF radio coverage in northern Essex
County and complete the Derby phase of the statewide digital microwave system,
as a supplement to the appropriation made in Sec. 261b(a)(36) of No. 63 of the
Acts of 2001: 30,000
(4)
Brighton, Paradis Mountain, for installation of a VHF radio repeater and
related antenna system on the existing tower to enable radio communication
between fish and game wardens and the Vermont state police dispatchers:
25,000
(5)
Statewide, to study replacement or conversion of all or part of the
existing radio system, through acquisition and implementation of advanced
technology, including cellular and satellite technology, to enhance voice and
data communications in rescue, fire, and police systems via an integrated
communications system, including exploration of federal funding opportunities
to assist with acquisition and implementation: 25,000
(b)
The department of public safety, division of the Vermont state police,
homeland security unit shall work jointly with the coalition of fire and rescue
service for the state of Vermont to study how best to manage and direct
anticipated federal anti-terrorism grant funds to support local first
responders. Any grant proposal or plan
shall incorporate jointly agreed-upon recommendations. The Vermont coalition of fire and emergency
services shall select two individuals from its membership to represent its
interests in this regard.
(c)
The department of buildings and general services shall ensure that,
within the new state police station being constructed in Derby, the space
assigned to the law enforcement division of the department of fish and wildlife
shall be fitted up with computer and telephone access.
(Total appropriation – Section 11 $380,000)
Sec. 12.
CRIMINAL JUSTICE AND FIRE SERVICE TRAINING
COUNCILS
The following sums are appropriated to the
department of buildings and general services for the Vermont criminal justice
and Vermont fire service training councils for the facility in Pittsford for:
(1)
Miscellaneous repairs to facility and grounds: 115,000
(2)
Window repairs on historic main building: 75,000
(3)
Repair of gymnasium walls: 25,000
(4)
SCBA and LP gas equipment: 155,000
(Total appropriation – Section 12 $370,000)
Sec. 13.
AGRICULTURE, FOOD AND MARKETS
(a)
The sum of $800,000 is appropriated to the department of agriculture,
food and markets, best management practice implementation cost share program,
for agricultural nonpoint source pollution reduction.
(b)
The sum of $110,000 is appropriated to the department of buildings and
general services for the department of agriculture, food and markets, for
replacement of the inadequate cooler in the Vermont building at the Eastern
States Exposition.
(Total appropriation – Section 13 $910,000)
Sec. 14.
VERMONT PUBLIC TELEVISION
The sum of $325,000 is appropriated to the
department of buildings and general services for Vermont Public Television for
the federally-mandated conversion of its transmission sites to digital
broadcasting format.
(Total appropriation – Section 14 $325,000)
Sec. 15.
STATE’S ATTORNEYS AND SHERIFFS
The sum of $411,479 is appropriated to the
department of state’s attorneys and sheriffs for purchase and installation of a
comprehensive case management software system.
(Total appropriation – Section 15 $411,479)
* * * Financing This Act * * *
Sec. 16.
REALLOCATION OF FUNDS
Of the amount appropriated in Sec. 15(b) of
No. 61 of the Acts of 2001 (agriculture, food and markets – installation of
heat system at Eastern States Exposition building), the sum of $37,970 is
reallocated to the department of buildings and general services to defray expenditures
authorized by this act.
(Total reallocation – Section 16 $37,970)
Sec. 17.
TRANSFER OF FUNDS
(a)
Of the amount reserved pursuant to Sec. 252(b) of No. 152 of the Acts of
2000 (funds remaining from surplus one-time appropriations used to defray
future school construction obligations), the sum of $15,213,758 is transferred
to the general bond fund to defray expenditures authorized in Sec. 5(a)(1)
(school construction), (a)(2) (technical center and comprehensive high school
equipment), (b)(1) (Chittenden County Regional Technical Center), (b)(2) (North
Country Career and Technical Center), (d) (Hannaford Career Center), and (e)
(offender vocational training) of this act, and for $13,509 of the total
authorized in Sec. 5(c) (Austine School) of this act.
(b)
Of the amount appropriated in Sec. 6 of No. 29 of the Acts of 1999, the
sum of $105,000 is transferred to defray renovation costs the department of
buildings and general services will incur as a result of the closing of the
Woodstock Regional Correctional Facility.
This transfer is necessary to satisfy a condition in the lease between
Windsor County and the state requiring the state to return the building to its
1994 condition. The commissioner of
buildings and general services is authorized to negotiate a cash settlement of
less than the $105,000 transferred in this subsection, as an alternative to
renovating the building, in full satisfaction of the state’s obligation
pursuant to the terms of the lease.
(Total transfer – Section 17 $15,318,758)
Sec. 18.
GENERAL OBLIGATION BONDS
The state treasurer is authorized to issue
general obligation general fund bonds in the amount of $39,000,000 for the
purpose of funding the appropriations of this act. 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. The state treasurer shall allocate
the estimated cost of bond issuance, or issuances, to the entities to which
funds are appropriated pursuant to this section and for which bonding is
required as the source of funds, pursuant to 32 V.S.A. § 954.
(Total bonding – Section 18 $39,000,000)
Sec. 19.
32 V.S.A. § 954(b) is amended to read:
(b) The state treasurer is authorized to
allocate the estimated cost of bond issuance, or issuances, to the entities to
which funds are appropriated by a capital construction act and for which
bonding is required as the source of funds.
If estimated receipts
are insufficient, the state treasurer shall allocate additional costs to the
entities. Any remaining receipts shall
not be expended, but carried forward to be available for future capital construction
acts. If the source of funds appropriated
by a capital construction act is other than by issuance of bonds, the state
treasurer is authorized to allocate the estimated cost of ongoing debt
management services to the entities to which those funds are appropriated.
* * * Managing This Act * * *
Sec. 20.
AGENCY OF COMMERCE AND COMMUNITY
DEVELOPMENT; REALLOCATION
The state historic preservation officer,
with the concurrence of the commissioner of buildings and general services, may
reallocate the funds in Sec. 4(a) of this act (commerce and community
development) to other state historic sites only for major maintenance, should a
more pressing need arise following the session. If a reallocation occurs, the state historic preservation officer
and the commissioner of buildings and general services shall notify the house
and senate committees on institutions that a reallocation has taken place.
Sec. 21.
TRANSFER OF FUNDS APPROPRIATED IN THIS ACT
(a)
Natural resources. The secretary
of natural resources, with the approval of the secretary of administration, may
transfer any unexpended project balances between projects authorized in Sec. 8
of this act (natural resources).
(b)
Military. The adjutant general,
with the approval of the secretary of administration, may transfer any unexpended
project balances between projects authorized by Sec. 9 of this act (military).
Sec. 22.
ACCEPTANCE OF GRANTS AND OTHER FUNDS
(a)
Notwithstanding section 5 of Title 32 (acceptance of grants):
(1)
The commissioner of environmental conservation, with the approval of the
secretary of natural resources, may accept federal grants made available
through the federal Clean Water Act and the federal Drinking Water Act in
accordance with chapter 120 of Title 24.
Acceptance of this grant money is hereby approved, provided all
notifications are made under subsection 4760(a) of Title 24.
(2)
The commissioner of corrections, with the approval of the secretary of
human services, may accept federal grants made available through federal crime
bill legislation.
(3)
The commissioner of health, with the approval of the secretary of human
services, may accept federal grants made available through the Labor/Health and
Human Services appropriations bill. The
department of buildings and general services shall be responsible for site
acquisition and any new construction or building renovations resulting from
such grant in connection with a juvenile residential treatment facility.
(4)
The commissioner of buildings and general services is authorized to
accept funds from the asbestos class action suit with Celotex Corporation. These funds shall be used by the
commissioner to supplement capital appropriations for major maintenance
statewide.
(5)
The Chancellor of the Vermont State Colleges is authorized to accept
federal grants. These funds shall be
used to make improvements to dining halls.
Such improvements shall be under the direction of the department of
buildings and general services for any project in excess of $50,000.
(b)
Each receipt of a grant or gift authorized by this section shall be
reported by the commissioner of the department receiving the funds to the
chairs of the house and senate committees on institutions and to the joint
fiscal committee.
* * * Buildings and General Services; State
Buildings * * *
Sec. 23. VERMONT MUTUAL
INSURANCE COMPANY
(a)
Authorization to conduct transaction.
The commissioner of buildings and general services is authorized to
enter into an agreement for the purchase of real property currently owned by
the Vermont Mutual Insurance Company in Montpelier for use by the state for
office and rental properties, and for the construction of a central parking
facility.
(b) The commissioner is
authorized to grant, for a price to be negotiated by the commissioner, a
renewable lease of up to 99 years for air rights above land, that the state
owns now and in the future, on the site of the Court Street parking lot.
(c) The commissioner is
authorized to enter into an operating lease with a private party or private
nonprofit entity, for up to 30 years, for parking to be constructed for the
state within a central parking facility.
The commissioner is authorized to lease spaces the state controls,
either through ownership or lease, for the term of the agreement through leases
or subleases, within the central parking facility to municipalities, nonprofit
entities, private users, or others.
(d) The commissioner is
authorized to subdivide or enter into condominium agreements to separate
parcels, buildings, or structures from one another on property owned now or in
the future by the state on the site of the Court Street parking lot in order to
ensure that any fee interest in future commercial or residential development
along Court Street will not be held by the state.
(e) The commissioner is authorized
to purchase any remaining rights in property in Montpelier that the state
purchased from Vermont Service Corporation in 1986 at a price satisfactory to
the commissioner. Alternatively, the
commissioner is authorized to condemn any remaining rights in the property
pursuant to the authority granted in Sec. 24 of this act.
(f) The commissioner shall not
enter into any lease, purchase, or other agreement under this section without
first consulting and confirming with the state treasurer:
(1) there will be no adverse
impact on the state’s credit standing;
(2) the obligations of the
state pursuant to any such agreement will not be included in the state’s debt
statement as computed by any one of the nationally recognized rating agencies
that rate the state’s general obligation debt; and
(3) there will be no adverse
impact on the tax-exempt status of past or future bonds issued by the state.
Sec. 24.
USE OF EMINENT DOMAIN; AUTHORIZATION
(a)
Declarations of Purpose. The
general assembly finds, determines, and declares it is necessary and desirable
to acquire the real property described in subsection (b) of this section for
the state to obtain clear title to property it purchased from Vermont Service
Corporation in 1986, for the use and benefit of the citizens of the state of
Vermont, and for the promotion of the general welfare.
(b)
Definitions. The real property
referenced in subsection (a) of this section, which shall be referred to in
this section as the “Vermont Service property,” is identified as a parcel of
land located on the southerly side of Court Street conveyed to the state by
warranty deed of Vermont Service Corporation, recorded June 24, 1986 in the
City of Montpelier land records at book 198, pages 184-186.
(c)
Acquisition of Vermont Service property.
(1)
The department of buildings and general services, pursuant to the
declarations of purpose contained in subsection (a) of this section, may
acquire the Vermont Service property by exercise of the power of eminent
domain, which is hereby conferred.
(2)
If the department of buildings and general services elects to acquire
the Vermont Service property by eminent domain, then the attorney general, on
behalf of the department of buildings and general services, shall petition the
Washington County superior court to issue its order of condemnation, vesting
title to the property with the state and establishing the amount of
compensation to be paid for the property.
Copies of the petition shall be served on all persons holding an interest
of record pursuant to the Vermont Rules of Civil Procedure.
(3)
The superior court shall set the petition for hearing within 90 days
after the filing thereof unless the hearing is waived, in writing, by all
parties to the proceeding, including the state. Failure by the court to establish a hearing date as required by
this subdivision shall not defeat or otherwise invalidate or nullify the
petition.
(4)
At the time set by the court for hearing the petition, any person
holding an interest of record in the Vermont Service property may appear and be
heard on the questions of necessity and compensation. At the conclusion of the hearing, or upon waiver of a hearing by
all persons holding a lien or other recorded interest in the property, the
court shall prepare its findings of fact and order on the questions of
necessity and compensation. Any party
to the proceeding, including the state, who appeared at the hearing and who is
dissatisfied with the order of the court, or any part thereof, may appeal the
order to the supreme court as provided in the Vermont Rules of Appellate
Procedure.
(5)
If the order of the court, when final, grants the petition, then the
state shall, within the time prescribed by the order, by its check payable
jointly to all persons having an interest of record, deliver in person or by
mail to the person holding record fee title the amount prescribed by the
order. Upon payment of the amount
required by the court’s order, title to the condemned property shall vest in
the state. A copy of the court’s order
shall be filed for record with the clerk of the city of Montpelier and with the
secretary of state.
(d)
Purchase or exchange. The state
may purchase any remaining rights in the Vermont Service property directly from
the person or persons holding those rights if it can be accomplished at a price
satisfactory to the department of buildings and general services.
(e) The amount to be paid by
the state in subdivision (c)(5) or in subsection (d) of this section shall be
paid from any appropriation to the department of buildings and general services
contained in this act. 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 shall be lawful
obligations of the state of Vermont.
Sec. 25. 29 V.S.A. §
152(a)(3)(B) is amended to read:
(a) The commissioner of buildings and general
services, in addition to the duties expressly set forth elsewhere by law,
shall:
* * *
(3) Prepare or cause to be prepared plans and
specifications for construction and repair on all state-owned buildings:
* * *
(B) For which no specific appropriations have
been made by the legislature or the emergency board. The commissioner may, with the approval of the secretary of
administration acquire an option, for a price not to exceed $10,000.00 $75,000.00,
on an individual property without prior legislative approval, provided that
the option contain contains a provision stating that purchase of
the property shall occur only upon the approval of the general assembly and the
appropriation of funds for this purpose.
The state treasurer is authorized to advance a sum not to exceed $10,000.00
$75,000.00, upon warrants
drawn by the commissioner of finance and management for the purpose of purchasing
an option on a property pursuant to this subdivision.
Sec. 26.
20 V.S.A. § 2056e is added to read:
§ 2056e. DISSEMINATION OF CRIMINAL HISTORY RECORDS TO
THE
DEPARTMENT OF BUILDINGS AND
GENERAL SERVICES
(a) The department of buildings and general
services shall obtain from the Vermont criminal information center a Vermont
criminal record, an out‑of‑state criminal record, and a record from
the Federal Bureau of Investigation for any applicant for a state security
personnel position who has given written authorization, on a release form
prescribed under section 2056c of this chapter, pursuant to the provisions of
this subchapter and the user’s agreement filed by the commissioner of buildings
and general services with the center. The
user’s agreement shall require the department to comply with all federal and
state statutes, rules, regulations and policies regulating the release of
criminal history records and the protection of individual privacy. The user’s agreement shall be signed and
kept current by the commissioner.
Release of interstate and Federal Bureau of Investigation criminal
history records is subject to the rules and regulations of the Federal Bureau
of Investigation’s National Crime Information Center.
(b) For purposes of this section, “security
personnel” means officers or employees of the state hired to perform security
functions for the state, including, but not limited to: protecting the public health and welfare;
patrolling, securing, monitoring, and safekeeping the property, facilities, and
grounds of the state; and exercising other law enforcement duties as may be
authorized by state or federal law.
(c) The commissioner of buildings and general
services shall obtain from the Vermont criminal information center the record
of Vermont convictions and pending criminal charges for any security personnel
applicant after the applicant has received an offer of employment conditioned
on the record check. Nothing herein
shall automatically bar a person who has a criminal record from applying or
being selected for a security position.
(d) The commissioner of buildings and general
services, through the Vermont criminal information center, shall request the
record of convictions and pending criminal charges of the appropriate criminal
repositories in all states in which there is reason to believe the applicant
has resided or been employed.
(e) If no disqualifying record is identified at
the state level, the commissioner of buildings and general services, through
the Vermont criminal information center, shall request from the Federal Bureau
of Investigation (FBI) a national criminal history record check of the
applicant’s convictions and pending criminal charges. The request to the FBI shall be accompanied by a set of the
applicant’s fingerprints and a fee established by the Vermont criminal
information center which shall be paid by the department of buildings and
general services.
(f) The Vermont criminal information center
shall send to the requester any record received pursuant to this section or
inform the department of buildings and general services that no record exists.
(g) The department of buildings and general
services shall promptly provide a copy of any record of convictions and pending
criminal charges to the applicant and shall inform the applicant of the right
to appeal the accuracy and completeness of the record pursuant to rules adopted
by the Vermont criminal information center.
(h) Upon completion of the application process
under this section, the applicant’s fingerprint card and any copies thereof
shall be destroyed.
(i) No person shall confirm the existence or
nonexistence of criminal record information to any person who would not be
eligible to receive the information pursuant to this subchapter.
Sec. 27.
29 V.S.A. § 821(a)(6) and (7) are added to read:
(6) “Emory A. Hebard State
Office Building” shall be the name of the state office building at 100 Main
Street in Newport.
(7)
The parking lot for the “Emory A. Hebard State Office Building,” located
at the state office building at 100 Main Street in Newport, shall be named the
“Warren ‘Jersey’ Drown Parking Facility”.
Sec. 28.
133 STATE STREET; OCCUPANCY
The occupancy plan for the building at 133
State Street in Montpelier shall be as outlined in plan A or B in the
memorandum dated January 23, 2002, presented by the commissioner of buildings
and general services to the house and senate committees on institutions.
Sec. 29.
29 V.S.A. § 171(d) and (e) are added to read:
(d)
All security improvements to state facilities shall be under the
direction of the commissioner of buildings and general services, who shall set
statewide standards for policies, materials, and equipment, including voice and
data reception and transmission upgrades and installations.
(e)
Under this section, the commissioner of buildings and general services
is responsible for the protection of state facilities, the lands upon which the
facilities are situated, and the occupants of those facilities, which is vital
to sustaining the essential services of government in an emergency. The commissioner shall develop plans for
continuity of government and continuity of operations as an addendum to the
state emergency operations plan maintained by the department of public safety,
division of emergency management and referenced in 20 V.S.A. § 8(b)(2).
Sec. 30. 29 V.S.A. § 182(2) is amended
to read:
(2) “Capitol complex commission” means a
commission consisting of five members.
Four members shall be appointed by the governor, with the advice and
consent of the senate, for a term of three years. The fifth member shall be the chairman of the Montpelier
planning commission appointed by the Montpelier city council for a term
of two years. The chairman chair
of the capitol complex commission shall be designated by the governor. No more than two members of the commission
shall be residents of the city of Montpelier, and no member may be an exempt
employee of the state of Vermont. The
commissioner of buildings and general services shall be the executive secretary
of the board and shall have no vote.
Sec. 31. DISTRICT HEATING IN MONTPELIER; STUDY
(a) A recent technical analysis of the existing
wood-powered heating facility located behind 120 State Street in Montpelier
studied the cost‑effectiveness of extending pipes beyond the capitol
complex to create a community energy system that would heat other large
municipal and private buildings within the city. In order to support the positive public policy of promoting a
Vermont-grown source of renewable energy, the commissioner of buildings and
general services shall work cooperatively with the city of Montpelier to
conduct additional analyses, as follows:
(1) Engineering studies and cost estimates
regarding extension of heating pipes to at least City Hall and the municipal
police and fire stations, as an initial step in expanding use of the existing
system beyond the capitol complex;
(2) A business development analysis to determine
the preferred form of facility ownership and management, once service is
expanded beyond the capitol complex; and
(3) A cost analysis.
(b) The commissioner shall present the results
of these analyses, together with recommendations, to the senate and house
committees on institutions and on natural resources and energy on or before
January 15, 2003.
Sec.
32. 29 V.S.A. § 152(25) is added to read:
(25) Transfer any unexpended project balances from previous capital
construction acts for the purpose of emergency projects not authorized in a
capital construction act in an amount not to exceed $100,000.00; provided the
commissioner shall send timely written notice of such expenditures to the
chairs of the house and senate committees on institutions.
Sec. 33.
SALE OF PROPERTY; MONTPELIER
Notwithstanding any provision of 29 V.S.A. § 104 to
the contrary, the commissioner of buildings and general services is authorized
to sell a parcel of land of approximately 0.046 acres in Montpelier, located in
the vicinity of One Baldwin Street, to the abutting property owner at One Hopkins
Street. The price paid for the parcel
shall be at least fair market value for similar land in the city. Proceeds from the sale shall be used to
defray expenditures authorized in a future capital construction act.
Sec. 34.
29 V.S.A. § 152(20) is amended to read:
(20)
Transfer any unexpended project balances between projects that are
authorized within the same topical sections of different capital
construction acts, with the approval of the secretary of administration when
the unexpended project balance does not exceed $100,000 $100,000.00,
or with the additional approval of the emergency board when such balance
exceeds $100,000 $100,000.00.
Sec. 35.
29 V.S.A. § 165(i) is added to read:
(i)
In the event of a conflict between the provisions of this section and
any other provision of law pertaining to state facilities, this section shall
control.
* * * Corrections * * *
Sec. 36.
28 V.S.A. § 121 is added to read:
§ 121.
COMMUNITY HIGH SCHOOL OF VERMONT BOARD
(a)
A board is established for the purpose of advising the education
supervisor of the independent school established in section 120 of this
title. The board shall have supervision
over policy formation for the independent school, except as otherwise provided,
shall recommend school policy to the commissioner of corrections, shall oversee
local advisory boards of the school, and shall perform such other duties as
requested from time to time by the commissioner of education or of corrections.
(b)
The board shall consist of nine members, each appointed by the governor
for a three-year term subject to the advice and consent of the senate, in such
a manner that no more than three terms shall expire annually, as follows:
(1)
Six representatives from the membership of local advisory boards serving
the school sites, not to include more than one member from any advisory board.
(2)
Three members-at-large.
(c)
The board shall appoint a chair and vice chair, each of whom shall
serve for one year or until a successor is appointed by the board.
(d)
The board shall report on its activities annually to the state board of
education.
(e)
The board may, with the approval of the commissioner of corrections,
appoint the education supervisor of the independent school.
Sec. 37.
32 V.S.A. § 1010(a) is amended to read:
§ 1010. MEMBERS OF CERTAIN BOARDS
(a) Except for those members serving ex officio
or otherwise regularly employed by the state, the compensation of the members
of the following boards shall be $50.00 per diem:
* * *
(28) Offender work programs board
(29) Community high school of Vermont board.
Sec. 38.
28 V.S.A. § 120(b) is amended to read:
(b) Applicability of education provisions. The education program shall be approved by
the commissioner state board of education as an independent
school under 16 V.S.A. § 166, shall comply with the school quality standards
provided by section 165 of Title 16 16 V.S.A. § 165, and shall be
coordinated with adult education, special education and technical education.
Sec. 39. 28
V.S.A. § 120(h) is amended to read:
(h) Required participation. All persons under the custody of the
commissioner of corrections who are under the age of 21 22 and
have not received a high school diploma shall participate in the education
program unless exempted by the commissioner.
Sec. 40.
CORRECTIONS WORKFORCE COMMITTEE
(a)
In order to advance the work begun by the committee established in Sec.
83 of No. 61 of the Acts of 2001 (“2001 committee”), which identified barriers
impeding the successful entry of ex-offenders into the workforce, there is
established a committee designed to:
(1)
coordinate resources and programs that are already available to the
corrections population;
(2)
explore potential partnerships; and
(3)
design and implement solutions to issues identified by the 2001
committee in its January 2002 report to the general assembly, including, but
not limited to, the issues identified in section II.D.1 of the report and the
need for structured transitional housing.
(b) The committee shall be comprised of the
commissioners of employment and training, of corrections, and of education, the
chancellor of the Vermont state colleges, and the executive director of the
Human Resources Investment Council, or their designees, who shall work together
and with other public and private entities, including the Community High
School of Vermont and independent organizations providing education and
training.
(c) The department of employment and training
shall provide the committee with administrative support. The legislative council shall also provide
administrative support and draft any proposed legislation or reports to the
general assembly.
(d) The committee shall report its progress to
the house and senate committees on institutions and on education on or before
January 15, 2003.
(e) Committee members who are not full-time
state employees shall be entitled to per diem and expenses as provided in 32
V.S.A. § 1010.
Sec. 41.
28 V.S.A. § 808(g) is added to read:
(g)
Treatment furlough. The
department may place on furlough an inmate who has not yet served the minimum
term of the sentence, provided the approval of the sentencing judge is first
obtained, who, in the department’s determination, needs residential treatment
services not available in a correctional facility. The services may include treatment for substance abuse or
personal violence or any other condition that the department has determined
should be addressed in order to reduce the inmate’s risk to reoffend or cause
harm to himself or herself or to others in the facility. The inmate shall be released only to a
hospital or licensed inpatient treatment facility that provides services to the
general population. The state’s share
of the cost of placement in such a facility, net of any private or federal
participation, shall be paid pursuant to memoranda of agreement between and
within state agencies reflective of their shared responsibilities to maximize
the efficient and effective use of state resources. In the event that a memorandum of agreement cannot be reached,
the secretary of administration shall make a final determination as to the
manner in which costs will be allocated.
Sec. 42. 28 V.S.A. § 811 is amended to read:
§ 811. REDUCTION OF TERM FOR GOOD BEHAVIOR
* * *
(f) Each At least once monthly, each
inmate committed to the custody of the commissioner shall receive timely
written notice each month of be entitled to see his or her permanent
file which shall record any reduction in the maximum term of confinement,
and a notation of such award shall be entered each month on a cumulative record
of such actions in the inmate’s permanent file. If the inmate is not awarded the maximum allowable reduction in
the maximum term of confinement in any given month, the inmate shall receive
a written explanation for the denial of such reduction from the
administrative officer of the facility wherein the inmate is confined shall
be included in the inmate’s file.
For an inmate confined in a work camp, the provisions of this subsection
shall apply to both the minimum and maximum terms of the inmate’s confinement.
* * *
(h)
Where the sentence is the unsuspended portion of a sentence imposed
under subsection 205(a) of this title, it shall be treated as the minimum term
of the entire sentence for purposes of this section.
Sec. 43.
28 V.S.A. § 102(c)(20) is added to read:
(c) The commissioner is charged with the
following responsibilities:
* * *
(20)
To utilize the department of buildings and general services’ competitive
bidding practices in order to determine the most effective and cost‑effective
alternatives for housing inmates in any out-of-state correctional facility.
Sec. 44.
CONDITIONAL REENTRY; DEPARTMENT OF CORRECTIONS
Notwithstanding the provisions of chapter 25
of Title 3, the agency of human services, department of corrections, shall not
be required to implement its policies and directives in the form of an
emergency rule or administrative rule prior to January 1, 2003. The department shall work with the Vermont
defender general, the executive director of the department of state’s attorneys
and sheriffs, the executive director of the Vermont league of cities and towns,
the director of the Vermont state employees’ association, and the executive
director of the Vermont parole board, or their designees, to address the concerns
these organizations have expressed regarding proposed rule #371, emergency rule
#371, or any other rule or proposed rule regarding classification guidelines or
conditional reentry, including:
(1)
Cost-shifting to local enforcement by increasing the number of offenders
in the community and allocating fewer departmental resources for supervision;
(2)
Release of offenders into the community due to a need for additional
beds rather than by determination of what is safe for the community or in the
best interest of the offender;
(3)
Reduction in the authority afforded to field staff, which subverts the
effectiveness of their supervision of offenders within the community;
(4)
Lack of notification of local enforcement officers when a new offender
is released into the community or when an offender already within the community
reoffends;
(5)
Inadequate opportunity provided to local enforcement officials and to
department of corrections’ field staff to participate in the decision to
reincarcerate an offender when new violations occur in the community;
(6)
The concern that the definition of “risk” does not include a
consideration of previous criminal history, and that it does not assess risk in
a sufficiently broad or accurate manner;
(7)
Insufficient determination of the connections between parole and
conditional reentry;
(8)
Inadequate and inappropriate housing for offenders who are released into
the community; and
(9)
The need for an agreement signed by members of a released offender’s
household regarding items, including firearms, alcohol or drugs, in the
household.
Sec. 45.
FINDINGS AND INTENT
(a)
The general assembly finds that:
(1)
public participation in the rulemaking process of state agencies is
essential to the proper development of such rules;
(2)
current procedures for accommodating public input vary among state
agencies;
(3)
the interagency committee on administrative rules has the ability to
work with agencies at an early stage in the rulemaking process, and should work
with agencies to develop strategies to maximize public input;
(4)
standing committees should be accorded an enhanced opportunity to review
proposed rules, and recommend appropriate courses of action to the legislative
committee on administrative rules.
(b)
The general assembly intends that:
(1)
standing committees which introduce proposed legislation which enables a
state agency to adopt rules should, to the greatest extent possible, express
the intent of the proposed legislation and construe the agency’s authority as
narrowly as possible;
(2)
state agencies should only be required to initiate rulemaking and adopt
rules when due process or a statute requires.
Sec. 46.
3 V.S.A. § 801(b)(9) is amended to read:
(9) “rule” means each agency statement of
general applicability which implements, interprets, or prescribes law or policy;
or a practice and which has been adopted in the manner provided by
sections 836-846 836-844 of this title, either as the result
of a requirement of law or as the result of a request under section 831(c) of
this title;
Sec. 47.
3 V.S.A. § 820(c) is amended to read:
(c) After a proposed rule is prefiled with the
committee, the committee shall work with the agency and prescribe a strategy
for maximizing public input on the proposed rule. The committee shall
evaluate the current efforts and practices of agencies for including the public
in the development of proposed rules, and shall recommend an appropriate
process for maximizing public input, based on the committee’s evaluation of
current agency practices and the importance of public involvement, given the
nature of the proposed rule. The
committee shall prescribe a specific strategy regarding the location, time and
frequency of public hearings, and advise the agency on specific provisions of
chapter 5 of Title 1 and the consequences of failing to adhere to the
prescribed strategy.
Sec. 48. 3
V.S.A. § 831 is amended to read:
§ 831. REQUIRED POLICY STATEMENTS AND RULES
(a) Where due process or a statute directs or
permits an agency to adopt rules, regulations or both, unless that
statute expressly provides to the contrary, it shall be construed as requiring
that all rules adopted by the agency be adopted shall initiate
rulemaking and adopt rules in the manner provided in this chapter by
sections 836-844 of this title.
* * *
(c) An agency shall initiate rulemaking to adopt
as a rule an existing practice or procedure when so requested by 25 or more
persons or by the legislative committee on administrative rules. An agency shall not be required to initiate
rulemaking with respect to any practice or procedure, except as provided by
this subsection.
* * *
(e) Except as provided in subsections (a)-(d) of
this section, an agency shall not be required to initiate rulemaking or to
adopt a procedure or a rule.
Sec. 49. 3
V.S.A. § 837 is amended to read:
§ 837.
PREFILING
Except for emergency rules, a rule shall be
prefiled with the interagency committee on administrative rules fifteen 15
days before filing under section 838 of this title if the governor has required
by current executive order that:
(1) all
rules from that agency shall be prefiled; or
(2) all
rules concerning the subject matter of the proposed rule shall be prefiled.
Sec. 50. 3
V.S.A. § 838(b) is amended to read:
(b) The cover sheet shall be on a form prepared
by the secretary of state containing at least the following information:
* * *
(4) the specific statutory authority for
the rule, and, if none exists, the general statutory authority for the rule;
* * *
Sec. 51. 3
V.S.A. § 841 is amended to read:
§ 841.
FINAL PROPOSAL
* * *
(c) The legislative committee on administrative
rules shall distribute
copies , by email or regular mail, a brief summary of final
proposed rules to the chairs of the appropriate standing committees. In addition, upon request, each
member of the appropriate standing committee shall be notified by email or
in summary fashion that the final proposed rule has been filed, the date of
filing, and, upon request, shall be provided with a copy of the filing.
(d) The chair
of a standing committee which considered legislation delegating rulemaking
authority may convene the committee for the purpose of considering a
recommended course of action for the legislative committee on administrative
rules. The chair may convene such a
meeting, pursuant to section 406 of Title 2, while the general assembly is not
in session. Any recommended course of
action shall be filed with the legislative committee on administrative rules no
later than five working days before the committee has scheduled a review of the
proposed rule.
Sec. 52. 3
V.S.A. § 842 is amended to read:
§ 842.
REVIEW BY LEGISLATIVE COMMITTEE
(a) Within
30 days of the date a rule is first placed on the committee’s agenda but no
later than 45 days after the filing of a final proposal unless the agency
consents to an extension of this review period, the legislative committee on
administrative rules, by majority vote of the entire committee, may object
under subsections (b), (c) or (d) of this section, and recommend that
the agency amend or withdraw the proposal.
The agency shall be notified promptly of the objections. Failure to give timely notice shall be
deemed approval. The agency shall
within 14 days of receiving notice respond in writing to the committee. After receipt of this response the committee
may withdraw or modify its objections.
(b) The
committee may object under this subsection if a proposed rule is:
(1) a
proposed rule is beyond the authority of the agency;
(2) a
proposed rule is contrary to the intent of the legislature; or
(3) a
proposed rule is arbitrary; or
(4) the
agency did not adhere to the strategy for maximizing public input prescribed by
the interagency committee on administrative rules.
When objection is made under this subsection, and
the objection is not withdrawn after the agency responds, on majority vote of
the entire committee, it may file the objection in certified form with the
secretary of state. The objection shall
contain a concise statement of the committee’s reasons for its action. The secretary shall affix to each objection
a certification of its filing and as soon as practicable transmit a copy to the
agency. After a committee objection is
filed with the secretary under this subsection, or on the same grounds under section
subsection 817(d) of this title, to the extent that the objection covers
a rule or portion of a rule, the burden of proof thereafter shall be on the
agency in any action for judicial review or for enforcement of the rule to
establish that the part objected to is within the authority delegated to the
agency, is consistent with the intent of the legislature and, is
not arbitrary, and the agency did adhere to the strategy for maximizing
public input prescribed by the interagency committee on administrative rules. If the agency fails to meet its burden of
proof, the court shall declare the whole or portion of the rule objected to
invalid. The failure of the committee
to object to a rule is not an implied legislative authorization of its
substantive or procedural lawfulness.
* * *
Sec. 53. 3
V.S.A. § 846 is amended to read:
§ 846.
REMEDIES FOR PROCEDURAL FAILURES
(a) The
following shall prevent a rule from taking effect:
(1) failure
to file with the secretary of state; or
(2) failure
to file with the legislative committee on administrative rules; or
(3) failure
to make a required filing file with the interagency committee on
administrative rules; or
(4) failure
to respond to an objection of the legislative committee on administrative rules
as required in section 842 of this title.
* * *
Sec. 54. 2
V.S.A. § 205 is added to read:
§ 205.
STANDING COMMITTEES; ADMINISTRATIVE RULEMAKING
DELEGATION
(a)
Whenever a standing committee introduces or amends proposed legislation
which delegates rulemaking authority to a state agency, the committee shall
express in the legislation and, to the greatest extent possible, the intent of
the legislation and the scope of the rulemaking authority being delegated. For all such proposed legislation, the
committee shall make a determination, and express such determination in the
legislation, as to whether such rulemaking delegation contemplates the adoption
of routine technical rules or major substantive rules.
(b)
For the purposes of this section:
(1)
“Major substantive rules” means rules that require the exercise of
significant agency discretion or interpretation in drafting, or, because of
their subject matter or anticipated impact, are reasonably expected to result
in a significant increase in the cost of doing business, a significant
reduction in property values, the loss or significant reduction of government
benefits or services, the imposition of state mandates on units of local
governments, or other serious burdens on the public or units of local government.
(2)
“Routine technical rules” means procedural rules that establish
standards of practice or procedure for the conduct of business with or before
an agency, and any other rules that are not major substantive rules. Routine technical rules include forms
prescribed by an agency, but do not include fees established by an agency,
except fees established or amended by agency rule that are below a cap or
within a range established by statute.
Sec. 55.
28 V.S.A. § 1302 is added to read:
Where the state of Vermont is supervising a
parolee or probationer pursuant to the interstate compact for the supervision
of parolees and probationers, the officer designated under subdivision 1301(5)
of this chapter (“compact administrator”) shall notify the compact
administrator of the sending state whenever consideration should be given to
retaking or returning to the sending state any parolee or probationer who is
believed to have violated any of the terms of supervision in this state. If a parolee or probationer is placed in
custody in this state pending notification to the sending state, this state’s
compact administrator shall ensure that a hearing is held within 15 workdays of
when custody began, unless the hearing is waived by the parolee or probationer
in writing. Probable cause to believe
that any condition of parole or probation has been violated shall be determined
during the course of the hearing, and, for this purpose, the compact administrator
or designee may use the testimony of witnesses, affidavits of witnesses unable
to attend, testimony by witnesses via telephone, and any records kept in the
regular course of business. All
testimony shall be under oath.
Following the hearing, the state’s compact administrator or designee
shall send a copy of the hearing record to the sending state’s compact
administrator, along with a recommendation regarding the disposition to be made
of the parolee or probationer. Pending
the decision of the sending state, the parolee or probationer may be held in
custody for a period not to exceed 15 workdays from the day of the hearing,
except this state’s compact administrator may extend the period of custody for
a reasonable period of time if the sending state has notified this state’s
compact administrator that it is retaking the parolee or probationer.
Sec. 56.
UNIFORM ACT FOR OUT-OF-STATE PAROLEE
SUPERVISION; EFFECTIVE DATE FOR AMENDMENT
(a)
Sec. 55 of this act shall take effect when the commissioner of the
Vermont department of corrections determines that the section has complied with
the provisions of chapter 21 of Title 28 (uniform act for out-of-state parolee
supervision) and with any provisions regarding amendment of that act.
(b)
When chapter 22 of Title 28 (interstate compact for the supervision of
adult offenders) takes effect and chapter 21 of that title is thereby repealed,
the compact administrator for the state of Vermont shall present to the
interstate commission the substance of Sec. 55 of this act for consideration as
a proposed rule or an amendment to the compact.
* * * Commerce and Community Development * *
*
Sec. 57.
18 V.S.A. § 5212b is added to read:
§ 5212b.
UNMARKED BURIAL SITES SPECIAL FUND
(a)
The unmarked burial sites special fund is established in the state
treasury for the purpose of protecting, preserving, moving or reinterring human
remains discovered in unmarked burial sites.
(b)
The fund shall be comprised of any monies appropriated to the fund by
the general assembly or received from any other source, private or public. Interest earned on the fund, and any balance
remaining in the fund at the end of a fiscal year, shall be retained in the
fund. This fund shall be maintained by
the state treasurer, and shall be managed in accordance with chapter 7,
subchapter 5 of Title 32.
(c)
The commissioner of housing and community affairs may authorize
disbursements from the fund for use in any municipality in which human remains
are discovered in unmarked burial sites in accordance with a process approved
by the commissioner. The commissioner
shall approve any process developed through consensus or agreement of the
interested parties, including the municipality, the governor’s advisory
commission on Native American affairs, and private property owners of property
on which there are known or likely to be unmarked burial sites, provided the
commissioner determines that the process is likely to be effective, and
includes all the following:
(1)
Methods for determining the presence of unmarked burial sites, including
archaeological surveys and assessments and other nonintrusive techniques.
(2)
Methods for handling development and excavation on property on which it
is known that there is or is likely to be one or more unmarked burial sites.
(3)
Options for owners of property on which human remains in unmarked burial
sites are discovered or determined to be located.
(4)
Procedures for protecting, preserving or moving unmarked burial sites
and human remains, subject, where applicable, to the permit requirement and
penalties of this chapter.
(5)
Procedures for resolving disputes.
(d)
If unmarked burial sites and human remains are removed, consistent with
the process set forth in this section and any permit required by this chapter,
there shall be no criminal liability under 13 V.S.A. § 3761.
(e)
The funds shall be used for the following purposes relating to unmarked
burial sites:
(1)
To monitor excavations.
(2)
To protect, preserve, move or reinter unmarked burial sites and human
remains.
(3)
To perform archaeological assessments and archaeological site or field
investigations, including radar scanning and any other nonintrusive technology
or technique designed to determine the presence of human remains.
(4)
To provide mediation and other appropriate dispute resolution services.
(5)
To acquire property or development rights, provided the commissioner of
housing and community affairs determines that disbursements for this purpose
will not unduly burden the fund.
(6)
Any other appropriate purpose determined by the commissioner to be
consistent with the purposes of this fund.
(f)
The commissioner may adopt rules to carry out the intent and purpose of
this section.
Sec. 58.
UNMARKED BURIAL SITE FUND REPORT; DEPARTMENT OF
HOUSING AND COMMUNITY AFFAIRS
The commissioner of housing and community
affairs shall issue a written report to the Senate Committee on General Affairs
and Housing, the House Committee on General, Housing and Military Affairs, and
the Governor’s Advisory Commission on Native American Affairs on or before
January 15, 2003, regarding the implementation of this act and chapter 107 of
Title 18. The report shall include:
(1)
The fund balance, including the sources of deposits.
(2)
Disbursements that have been made from the fund, the municipality for
which the disbursement was made, and a description of the process used or
implemented by the municipality to protect unmarked burial sites or property
owners, or both.
(3)
Management processes implemented by municipalities that are designed to
protect unmarked burial sites, preserve Native American human remains and
protect the rights of owners of property on which unmarked burial sites exist
or are suspected to exist and an evaluation of the effectiveness of these
processes and a description of the actions taken by the Division of Historic
Preservation to encourage and support appropriate municipalities to design such
a process.
(4)
Improvements made to facilitate access to and communications with the
Governor’s Advisory Commission on Native American Affairs, including assuring
publication of telephone and fax numbers and postal and email addresses in
local and state directories, message retrieval, state website presence and any
other enhancement implemented to improve access to the Governor’s Advisory
Commission on Native American Affairs.
(5)
The status of any rulemaking initiated or completed pursuant to this
act.
Sec. 59.
BENNINGTON BATTLE MONUMENT; ILLUMINATION
STUDY AND PLAN
The commissioner of buildings and general
services shall apply to the Village of Old Bennington for all municipal and
village permits to enable the state to illuminate the Bennington Battle
Monument. The commissioner shall
develop and present to the Vermont advisory council on historic preservation
and the town and village of Bennington, at a public meeting, a proposed
lighting plan no later than December 15, 2002, and present to the house and
senate committees on institutions on or before February 15, 2003 a final
lighting plan together with a proposed budget which may include legislative
action necessary to enable the monument to be illuminated.
* * * Education; School Construction * * *
Sec. 60.
16 V.S.A. § 3448 is amended to read:
§ 3448. APPROVAL AND FUNDING OF SCHOOL CONSTRUCTION
PROJECTS; RENEWABLE ENERGY
(a) Construction aid.
(1) Preliminary application for construction
aid. A district or independent school
eligible for assistance under section 3447 of this title, which intends to construct
or purchase a new school, or make extensive additions or alterations to its
existing school, and desires to avail itself of state school construction aid,
shall submit a written preliminary application to the commissioner. A preliminary application shall include
information required by the state board by rule and shall specify the need for
and purpose of the project.
(2) Approval of preliminary application. The commissioner may approve a preliminary
application if:
(A) The project or part of the project fulfills
a need occasioned by:
(i) conditions which threaten the health or
safety of students or employees;
(ii) facilities which are inadequate to provide
programs required by state or federal law or regulation;
(iii) excessive energy use resulting from the
design of a building or reliance on fossil fuels or electric space heat; or
(iv) deterioration of an existing building.;
(B) The need addressed by the project cannot
reasonably be met by another means.; and
(C) The proposed type, kind, quality, size and
estimated cost of the project are suitable for the proposed curriculum and meet
all legal standards.
(3) Priorities.
Following approval of a preliminary application and provided that the
district has voted funds or authorized a bond for the total estimated cost of a
project, the state board shall assign points to the project so that the project
can be placed on a priority list based on the number of points received. Once a project receives points, if it does
not receive funding in a given year, it shall not lose points in subsequent
years and, pursuant to rule of the board and provided the scope of the project
remains the same, it shall gain points due to length of time on the list and
may gain points for any other reason.
The points shall be assigned so that:
(A) First priority is given to emergency
projects in excess of $50,000.00 which address threats to the safety and health
of students or employees created by unanticipated circumstances or events.
(B) Second priority is given to construction
projects in excess of $10,000.00 which address a need occasioned by
deterioration of an existing building or equipment pursuant to subdivision
(2)(A) of this subsection, and which extend the useful life of the building but
which do not make extensive additions or alterations to existing school
facilities in which students are provided services. Examples of projects given priority under this subdivision are
replacement, addition or repair to utilities, projects which address
environmental quality issues, repair of a roof, replacement of an existing
space heating, water heating, cooling, or refrigeration system that uses fossil
fuels with a system for the same purpose that uses, or primarily relies upon,
biomass, a geothermal/ground source, wind, or solar energy, or replacement of a system with a more efficient fossil fuel
system that reduces fuel use by 10 percent or more or utilizes new
technologies such as microturbines, cogeneration, fuel cells, or distributed
generation, or replacement or upgrading of mechanical equipment.
(C) Remaining projects are given priority based
on consideration of the relative degree of need pursuant to subdivision (2)(A)
of this section subsection.
(4) Request for legislative appropriation. By January 15 of each year, the state board
shall present the house and senate institutions committees with its annual
capital construction funding request.
Following receipt of the request, the committee on institutions shall
recommend a total school construction appropriation for the next fiscal year to
the general assembly. The general
assembly shall not revise the order of the project priorities presented by the
state board. The funding request to the
committee on institutions shall be in the form of separate line items as follows:
(A) a list of projects which have been assigned
points in their order of priority, including the voted funds or authorized bond
amount for each project,;
(B) the cost of emergency projects which the
state board has approved but not yet reimbursed due to insufficient funds, as
well as the estimated cost of those which might be approved in the coming year
under subsection (d) of this section,;
(C) the cost of projects to extend the life of a
building which the board has approved but not yet reimbursed due to
insufficient funds, as well as the estimated cost of those which might be
approved by the state board in the coming fiscal year under subdivision (3)(B)
of this subsection. The legislature
shall not approve an amount for this line item which exceeds more than five
percent of the annual capital budget approved under subdivisions (A) and (B) of
this subdivision, and (4).
(D) the cost of construction or purchase of
proposed new technical center buildings, or extensive additions or alterations
to existing technical center buildings.
However, unless otherwise determined by the general assembly, the state
board may approve no more than one significant proposal for aid under this
subdivision every three years. Requests
for state assistance for minor or additions or alterations to a technical
center building shall be made under subdivisions (A), (B) or (C) of this
subdivision.
(5) Final approval for construction aid.
(A) Unless approved by the commissioner for good
cause in advance of commencement of construction, a school district shall not
begin construction before the state board of education approves a final
application. A school district may
submit a written final application to the state board at any time following
approval of a preliminary application.
(B) The state board may approve a final
application for a project provided that:
(i) the project has received preliminary
approval;
(ii) the district has voted funds or authorized a
bond for the total estimated cost of the project;
(iii) the district has made arrangements for
project construction supervision by persons competent in the building trades;
(iv) the district has provided for construction
financing of the project during a period prescribed by the state board; and
(v) the project has otherwise met the
requirements of sections 3447-3456 of this title.
(C) The board of trustees of an independent
school may submit a written final application to the state board for a project
for which a preliminary application has been approved by the commissioner,
provided that each municipality represented on the board has voted funds or
authorized a bond issue for 100 percent of the municipality’s estimated share
of the project in an amount determined by the commissioner under this section.
(D) The state board may provide that a grant for
a high school project is conditioned upon the agreement of the recipient to
provide high school instruction for any high school pupil living in an area
prescribed by the board who may elect to attend the school.
(E) A district may begin construction upon
receipt of final approval. However, the
project shall remain eligible for capital construction aid, provided the
project otherwise meets the requirements of this section. However, a district shall not be reimbursed
for debt incurred due to borrowing of funds in anticipation of aid under this
section.
(6) [Repealed.]
(7) Award of construction aid.
(A) The amount of an award shall be 30 percent
of the approved cost of the project, except that the award for construction
or purchase of a new technical center building or extensive additions or
alterations to an existing technical center building shall be 100 percent of
the approved cost of the project.
(B) The amount of an award for the incremental
costs associated with the installation of a space heating, water heating,
cooling, or refrigeration system that uses biomass, a geothermal/ground source,
wind, or solar energy as the primary heating or cooling source shall be 50
percent of the approved cost of the incremental costs of the project, or 40
percent of the approved cost of a fuel system that would reduce fuel use by 10
percent or more. Only those costs in
excess of the costs for a traditional fossil fuel system shall be eligible for
the award, and may include the costs of additional square footage, necessary
equipment, an additional chimney, and air quality technology.
(8) Eligible construction cost.
(A) Space and cost parameters. Only those portions of a project shall be
eligible for construction aid which meet space and cost parameters adopted by
the state board. The parameters shall
define maximum square footage costs, maximum gross square footage per student
by grade range and school size and shall include minimum and maximum square
footage allowances per student for programs and services.
(B) Construction costs eligible for state aid
may include: the cost of a preliminary land test on an approved project as
required under chapter 151 of Title 10; and any expenditures of federal funds
for retrofitting to conserve energy or for asbestos abatement. Expenditures of federal funds for any other
purpose shall not be eligible for state aid.
Expenditures of funds borrowed under subdivision 563(21) of this title
shall not be eligible for aid.
(9) Payment. Upon satisfactory evidence that a project approved under
subdivision (5) of this subsection is under construction or has been
constructed, and upon appropriation of funds sufficient to fund the state aid
due under this section, the state board shall certify an award for the project
to the commissioner of finance and management who shall issue a warrant for the
payment of one-half of the award, or the entire award if the project is
complete. After a project has been
completed according to approved plans and specifications and the cost thereof
has been audited by the department, the commissioner shall certify the
remainder of the award due for the project to the commissioner of finance and
management who shall issue a warrant for the payment.
(b) Refund upon sale. Upon the sale by a district of any item, building or unit that
may be relocated, for which state construction aid was awarded under this
title, the district shall refund to the state a percentage of the sale price
equal to the percentage of construction aid received. In no event shall the sum refunded be in excess of the amount of
the original state aid received for the purchase of the item, building or
unit. All refunds shall be deposited
with the state treasurer and used for school construction aid awards.
(c) Repayment as a condition of general
aid. No school district shall receive
any state general aid unless the school district complies with subsection (b)
of this section.
(d) Emergency aid. Notwithstanding any other provision of this section, the
commissioner may grant aid pursuant to subdivision (a)(7) of this section for a
project the commissioner deems to be an emergency, up to a maximum total
project cost of $50,000.00.
(e) Rules.
The state board shall adopt rules pertaining to school construction and
capital outlay.
(f) Notwithstanding any provision of law to the
contrary, no approved school construction project deemed eligible by the
commissioner of education for state construction aid in excess of the
percentages set forth in subdivision (a)(7) of this section shall be guaranteed
such additional funding until the additional funding is approved by the general
assembly.
Sec. 61.
16 V.S.A. § 3448e is added to read:
§ 3448e.
CONSTRUCTION OF TECHNICAL EDUCATION FACILITIES;
APPROVAL AND FUNDING
(a)
Definitions. For the purposes of
this section:
(1)
“Construction” includes the purchase of technical education facilities.
(2)
“School district” means, unless otherwise provided:
(A)
a school district that manages a regional technical center or a
comprehensive high school; or
(B)
a regional technical center school district authorized under subchapter
5A of chapter 37 of this title.
(3)
“Technical education facilities” means regional technical centers and
those portions of comprehensive high schools that are designed to provide state
board-approved technical education programs and services.
(b)
Application of chapter. Except
as otherwise provided in this section, the provisions of chapter 123 of this
title shall apply to the construction of technical education facilities.
(c)
Approval of regional advisory board.
The commissioner may approve a preliminary application for a project
involving technical education facilities if, in addition to meeting the other
requirements of this chapter, the project has received the approval of the
regional advisory board as defined under section 1542 of this title. This subsection shall not apply to a project
proposed by a regional technical center school district authorized under subchapter
5A of chapter 37 of this title.
(d)
Involvement of the department of buildings and general services. The department of buildings and general
services, in its discretion, shall be responsible for carrying out
the design and construction of any new technical education facility or any
alterations to existing technical education facilities, and for the analysis
and approval of any lease or lease-purchase proposal. All state construction aid for these projects shall be
appropriated to the department of buildings and general services for this
purpose. Such funds may be used to hire
temporary or contract staff to assist with these responsibilities.
(e)
Award of construction aid. The
amount of an award shall be 50 percent of the approved cost of the
project. Where the construction of
technical education facilities is undertaken in conjunction with the
construction of nontechnical education facilities, the approved costs of the
project shall be allocated as determined by the commissioner of education.
Sec. 62.
TECHNICAL EDUCATION POLICY; STATE BOARD OF
EDUCATION; STUDY
(a)
The commissioner of education shall, with guidance from the chairs of
the senate and house committees on education and on institutions, the chair of
the senate committee on finance, and the chair of the house committee on ways
and means, or their designees, and in consultation with the human resources
investment council and the joint fiscal office, conduct a review and analysis
of the pilot technical education programs designated pursuant to Sec. 121a of
No. 71 and Sec. 18 of No. 138 of the Acts of 1998, which will supplement
the report required by those acts. The
purpose of the review and analysis shall be to provide the state board of
education and the general assembly with information which will help to identify
the mission and goals for a statewide technical education system, which may
include regional strategies. The
commissioner shall analyze which innovative strategies employed by the pilot
projects were successful or have the potential to be successful, and which did
not result in better outcomes for students.
The commissioner shall analyze what percentage of funding the state
should provide for technical center construction, and shall identify potential
sources or systems of funding for capital construction. The commissioner shall report the results of
the review and analysis to the state board of education no later than November
30, 2002.
(b)
Following receipt of the report of the commissioner pursuant to
subsection (a) of this section, the state board of education shall, in
consultation with the human resources investment council and the joint fiscal
office, use the information contained in the commissioner’s report, as well as
any other information it wishes to gather, to develop a recommendation for the
mission and goals for a statewide system of technical education, and strategies
for implementing the goals, including:
(1)
If deemed a promising innovative strategy, what legislation is needed to
authorize the building and operation of a three or four-year regional technical
center which would be authorized to offer nontechnical educational courses and
grant diplomas.
(2)
Whether the general assembly should authorize a new finance system for
technical education providers, including a new revenue‑raising system, a
system for incurring debt, a budget approval process, and a system for capital
construction funding. The strategy
should include an analysis of the impact of the recommended finance system and
the capital construction funding system on the entire technical education
system, the state budget, and other secondary schools.
(3)
How colocation of technical education with other workforce development
service providers should occur, including how operational costs and capital
construction costs should be shared.
(4)
How integration of technical education programs with the general high
school curriculum can be accomplished, and its impact on other schools in the
service region.
(5)
How to encourage development and implementation of innovative technical
education programs, including a strategy for state annual appropriation of
funds, including capital construction funds, for this purpose.
(6)
The educational and fiscal impact of regional technical centers on those
schools which are located at a distance from the center and on the educational
opportunities of the students in those schools.
(c)
On or before February 15, 2003, the state board shall report its
findings and recommendations to the senate and house committees on education
and on institutions, the senate committee on finance, and the house committee
on ways and means.
Sec. 63. TRANSITIONAL PROVISIONS; CONSTRUCTION AID
FOR
TECHNICAL CENTERS
(a) Notwithstanding any provision of law to the contrary, the amount of an
award for the construction or purchase of a new technical center building or
additions or alterations to an existing technical center building for the
following projects shall be 100 percent of the approved cost of the project:
(1) The
North Country Career and Technical Center, now located in Newport, and to be
located in Derby.
(2) Any
portion of the combined technical center project dedicated specifically to the
provision of state-approved technical education programming in Chittenden
County, provided nothing in this section shall apply to any noncombined project
providing technical education in Chittenden County.
(3) The
Southeastern Vermont Career Education Center in Brattleboro.
(b)
For purposes of determining when it shall receive its award, each of the
technical centers identified in subsection (a) of this section shall maintain
its position in the priority set forth in subsection (a). Notwithstanding any provisions of chapter
123 of Title 16 to the contrary, this section sets forth the process required
for these three technical centers, provided these technical centers shall
conform to the standards for technical education center construction developed
jointly by the commissioners of education and of buildings and general services
pursuant to Sec. 44 of No. 148 of the Acts of 2000. Nothing in this section shall be construed to prohibit the
districts responsible for these three technical centers from seeking voter
approval to borrow 100 percent of the project costs in anticipation of state
aid and commencing construction, provided the district shall not be reimbursed
by the state for debt incurred due to such borrowing. The capital construction funding request for these three projects
shall be a separate line item in the annual request submitted by the state
board of education pursuant to 16 V.S.A. § 3448(a)(4).
(c)
Notwithstanding any other provision of law, the department of buildings
and general services shall be responsible for all design, construction, or purchase
of any new buildings or alterations of existing buildings. All state construction aid for these
projects shall be appropriated to the department of buildings and general
services for this purpose. Such funds
may be used to hire temporary or contract staff to assist with these
responsibilities.
Sec. 64.
29 V.S.A. § 152(a)(26) is added to read:
(a) The commissioner of buildings and general
services, in addition to the duties expressly set forth elsewhere by law,
shall:
* * *
(26)
In his or her discretion, be responsible for the design, construction,
or purchase of any new buildings or alterations of existing buildings in
connection with any technical center receiving funding under Title 16. All state construction aid for these
projects shall be appropriated to the department of buildings and general
services for this purpose. Such funds
may be used to hire temporary or contract staff to assist with these
responsibilities. The commissioner, in
collaboration with the commissioner of education, shall periodically update the
standards developed pursuant to Sec. 44 of No. 148 of the Acts of 2000, and
shall report the updated standards to the house and senate committees on
institutions on or before January 15 of the next occurring legislative session.
Sec. 65.
MISSISQUOI VALLEY SCHOOL DISTRICT; MIDDLEBURY
UNION HIGH SCHOOL DISTRICT #3; CONSTRUCTION AID
AUTHORIZED
Notwithstanding any other provisions of law,
including, but not limited to, subdivision 3448(a)(5) of Title 16, requiring
approval of a final application by the state board of education as a
precondition to receipt of school construction aid, the Missisquoi Valley
School District (for replacing stucco detached from the building) and the
Middlebury Union High School District #3 (for renovating the high school
auditorium) may each receive 25 percent construction aid for the state’s total
share of costs incurred in 2001, which share shall not exceed $28,750 for the
Missisquoi Valley School District and $186,000 for the Middlebury Union High
School District #3, if such costs are deemed eligible by the commissioner of
education under state board rules, and if the project was properly bid under
section 559 of Title 16. In no case
shall the construction aid exceed 25 percent of the voter-approved cost for the
project. These schools shall be placed
in order of priority for receipt of construction aid after the final school
districts on the list of school districts submitted by the state board of
education in January 2002.
Sec. 65a.
SHAFTSBURY ELEMENTARY SCHOOL; CONSTRUCTION
AID AUTHORIZED
Notwithstanding any other provisions of law,
including, but not limited to, 16 V.S.A. § 3448(a)(5), requiring voter approval
of the total estimated cost of the project as a precondition to receipt of
school construction aid, the Shaftsbury School District may receive 25 percent
construction aid for the state’s total share of costs in connection with the
Shaftsbury Elementary School boiler project, which state share shall not exceed
$16,000.00, if such costs are otherwise deemed eligible by the commissioner of
education under state board rules. This
school project shall be placed in order of priority for receipt of construction
aid after the final school districts on the list of school districts submitted
by the state board of education in January 2002.
Sec. 66.
16 V.S.A. § 3448(a)(5)(B) is amended to read:
(5) Final approval for construction aid.
* * *
(B) The state board may approve a final
application for a project provided that:
(i) the project has received preliminary
approval;
(ii) the district has voted funds or authorized a
bond for the total estimated cost of the project;
(iii) the district has made arrangements for
project construction supervision by persons competent in the building trades;
(iv) the district has provided for construction
financing of the project during a period prescribed by the state board; and
(v) the project has otherwise met the
requirements of sections 3447-3456 of this title; and
(vi) if the proposed project includes a
playground, the project includes a requirement that the design and construction
of playground equipment follow the guidelines set forth in the United States
Consumer Product Safety Commission Handbook for Public Playground Safety.
Sec. 67.
ORLEANS CENTRAL EARLY CHILDHOOD EDUCATION AND
FAMILY CENTER; AUTHORIZATION
Notwithstanding any provision of law that
might render an early education program ineligible for state school
construction aid under chapter 123 of Title 16, the Orleans Central Supervisory
Union is eligible to receive state school construction aid of 30 percent of the
approved cost of its project to
construct a community early
education center, subject to approval of the project by the commissioner of
education, and, once approved, the state board of education shall place the
project on the prioritized list of school construction projects. Notwithstanding the provisions of 16 V.S.A.
§ 3448(a)(8)(B), any federal funds received in connection with this project
shall be considered eligible construction costs. Nothing in this section shall be construed as requiring the
supervisory union or project to
comply with any other requirement of section 3448.
Sec. 68.
16 V.S.A. § 1545 is amended to read:
§ 1545. CREDITS AND GRADES EARNED
(a) Grades earned in a technical education
course offered within a technical education program approved by the state board
shall not be altered by any public or independent school in Vermont and shall
be applied by the school toward any state or local graduation
requirements in accordance with policies adopted by the school board of each
sending school district. Such policies
shall be adopted prior to the beginning of the school year in which the course
is offered rules adopted by the state board. Any state board rules regarding earning of credits shall allow
flexibility with respect to the integration of technical education and other
academic courses.
(b) The credits earned for a technical education
program approved by the state board shall be consistent with any
state board rule and with the credit policies of the board responsible for
operation of the technical center. These credits shall be honored by any
public or independent school within Vermont and applied toward any state
or local graduation requirement. Any
state board rules regarding earning of credits shall allow flexibility with
respect to the integration of technical education and other academic courses
school district or independent school graduation requirements exceeding the
minimum number of credits required by the state board.
(c) For any student attending the Vermont
academy for science and technology pursuant to section subsection
4011(e) of this title, the credits and grades earned shall, upon request of the
student or the student’s parent or guardian, be applied toward graduation
requirements at the Vermont high school which the student attended prior to
enrolling in the academy.
Sec.
69. [DELETED]
Sec. 70.
MOUNT ANTHONY UNION MIDDLE SCHOOL; ALLOCATION
OF SCHOOL CONSTRUCTION FUNDS
That portion of the funds appropriated in Sec. 6(a)
of No. 61 of the Acts of 2001 identified by the state board
of education for the Mount
Anthony Union Middle School project shall remain allocated to that school district until
April 15, 2003 or such time as the project receives final state board approval,
whichever is earlier. If the
funds have not been disbursed by April 15, 2003, then those funds shall be reallocated to the department
of buildings and general services for the North Country Career Center project
identified in subdivision 5(b)(2) of this act, and the appropriation made in
this act for that project shall be increased by that amount.
* * * Judiciary * * *
Sec. 71.
4 V.S.A. § 21a is amended to read:
§ 21a. DUTIES OF THE
ADMINISTRATIVE JUDGE
(a) The administrative judge
shall assign and specially assign superior and district judges and
specially assign district and superior judges, including himself or
herself, and the environmental judge if available, to the superior, environmental,
district and family courts. If the
administrative judge determines that additional judicial time is needed to
address cases filed in environmental court, the judge may assign or specially
assign up to four judges on a part-time basis to the environmental court. When assigning or specially assigning judges
to the environmental court, the administrative judge shall give consideration
to experience and expertise in environmental and zoning law, and shall assign or
specially assign judges in a manner to provide appropriate attention to all
geographic areas of the state. All
judges, except the environmental judge, shall be subject to the
requirements of rotation as ordered by the supreme court.
(b) In making any assignment
under this section, the administrative judge shall give consideration to the
experience, temperament and training of a judge and the needs of the
court. In making a special
assignment to the environmental court under section 1001(e) of this title, the
administrative judge shall give consideration to experience and expertise in
environmental and zoning law.
Sec. 72. 4 V.S.A. § 22 is
amended to read:
§ 22. DESIGNATION AND SPECIAL
ASSIGNMENT OF JUDICIAL
OFFICERS AND RETIRED
JUDICIAL OFFICERS
(a) The chief justice may
appoint and assign a retired justice or judge with his or her consent or a
superior judge or district judge to a special assignment on the supreme
court. The chief justice may appoint
and the administrative judge shall assign an active or retired justice or a
retired judge, with his or her consent, to any special assignment in the
district, family, environmental or superior courts. The administrative judge shall assign a judge to any special
assignment in the district, family, environmental or superior
court. Preference shall be given to
superior judges to sit in superior courts.
Preference shall be given to district judges to sit in district courts. The environmental judge shall sit in
environmental court, except as provided for in section 1001(b) of this title.
* * *
Sec. 73. 4 V.S.A. § 1001 is
amended to read:
§ 1001. ENVIRONMENTAL COURT
(a) An environmental court
having statewide jurisdiction is created as a court of record subject to the
authority granted to the supreme court.
The environmental court shall consist of the presiding judge sitting
alone.
(b) One environmental judge
shall be appointed within the judicial branch who shall hear matters arising
under chapters 23 and 201 of Title 10 and matters arising under 24 V.S.A.
chapter 117 and chapter 61, subchapter 12 in environmental court. When the environmental judge is current
in the processing of all cases within the jurisdiction of the environmental
court, the administrative judge may assign additional judicial functions to
that judge pursuant to subsection (a) of section 22 of this title. The environmental judge shall sit in
environmental court at least two‑thirds of his or her time.
(c) An environmental judge
shall be an attorney admitted to practice before the Vermont supreme
court. An environmental judge shall be
nominated, appointed, confirmed, paid, and retained, and shall receive all
benefits in the manner of a superior court judge.
(d) An environmental judge
shall be appointed on April 1, for a term of six years or the unexpired portion
thereof.
(e) When an environmental
judge is disqualified, disabled or unavailable, the administrative judge shall
appoint another judge on a case specific basis to serve temporarily as an
acting environmental judge.
(f)
Evidentiary proceedings in the environmental court shall be held in the
county in which all or a portion of the land which is subject of the
appeal is located or where the violation is alleged to have occurred, unless
the parties agree to another location; provided however, that the environmental
judge shall offer expeditious evidentiary hearings so that no such proceedings
are moved to another county to obtain an earlier hearing. Unless otherwise ordered by the court, all
nonevidentiary hearings may be conducted by telephone using an audio or video
tape record. If a party objects to a telephone hearing, the court may require a
personal appearance for good cause. The
environmental court shall receive the same funding and provisions for security
as provided to county courthouses.
Sec. 74. 13 V.S.A. § 7251 is
amended to read:
§ 7251. MUNICIPALITIES; PAYMENT TO AND LIABILITY OF
(a) Fines, forfeitures and penalties, imposed by
the district or superior court or by the judicial bureau for violation of a
village, town, or city ordinance shall be paid to the village, town or city,
respectively, except for a $10.00 $12.50 administrative charge
for each case which shall be retained by the state.
* * *
Sec. 75. APPROPRIATION; LAW
CLERK POSITION
In addition to the amounts appropriated to the judiciary in any other
acts of appropriation for fiscal year 2003, the sum of $59,000 is appropriated
to the judiciary from the additional revenue generated by the increased fee
required in Sec. 74 of this act. The establishment of one (1) new exempt
position - Trial Court Law Clerk - is hereby authorized in fiscal year 2003.
* * * State Colleges * * *
Sec. 76. SPENDING AND BONDING AUTHORIZATION; VERMONT
STATE COLLEGES
In conformity with 16 V.S.A. § 2171(e), the
general assembly approves the expenditure by the Vermont state colleges from
its revenues, other than state appropriations, and from its self-generated
revenues established for the purpose of capital improvements on housing,
dining, and general purpose facilities, to an aggregate of $1,000,000 for
necessary capital improvements. Capital
improvements in excess of $50,000 shall be under the supervision of the
commissioner of buildings and general services.
Sec. 76a. AUTHORIZATION; VERMONT STATE COLLEGES
The Vermont State Colleges Corporation is authorized to purchase the
industrial property (the Dubois and King property) located off exit 4 of
Interstate 89 in Randolph, for use by the Vermont Technical College, from funds
received from public and private sources.
* * * Natural Resources * * *
Secs.
77-82. [DELETED]
Sec. 83.
ACTION REGARDING STATE LAND
(a)
Pursuant to 10 V.S.A. § 2603(b), the commissioner of forests, parks and
recreation is authorized to exchange or lease certain state lands, as follows:
(1)
To convey an easement across a portion of Quechee State Park to the Town
of Hartford to accommodate a planned extension of the municipal water line.
(2)
To convey a right-of-way across a portion of the French Hill Block of
Mount Mansfield State Forest in the Town of Johnson to Edward LeFevre. The right-of-way will provide access for
forestry purposes and to a single recreational camp on a landlocked parcel
owned by Edward LeFevre. In exchange,
Edward LeFevre shall pay to the agency of natural resources the sum of $7,500,
which represents a fair assessment of the value of the right‑of‑way. This sum shall be used by the agency to help
acquire the 18.5‑acre Murray parcel located adjacent to Mount Mansfield
State Forest in the Town of Morristown.
(3)
To convey 110 +/- acres, located in the Town of Newbury, acquired as a
bequest from the Enrita Carlson estate, to the Town of Newbury, subject to a
grant of development rights and conservation easement held by the Upper Valley
Land Trust (UVLT). The Carlson property
is not adjacent to state‑owned land or interest in land; however, it is
adjacent to properties conserved with easements held by UVLT. The property will be restricted from any
future development, and will be open to nonmotorized public access.
(b)
Notwithstanding the provisions of section 104 of Title 29, the net
proceeds of any transactions authorized by this section shall be deposited with
the state treasurer, to be held in the agency of natural resources’ land
acquisition special fund for use by the agency of natural resources in
acquiring conservation lands.
Sec. 84. 3 V.S.A. § 2825(e) is added to read:
(e) Before acquiring any
interest in real property, the secretary shall offer to the legislative body of
the municipality in which the real property is located the opportunity to meet,
during which meeting the secretary or his or her designee shall describe the
proposed acquisition and answer questions raised by town officials or the
general public, including questions concerning the impact of the proposed
acquisition on local tax revenues. The
municipality may hold a non-binding referendum on the proposed acquisition,
either at the discretion of the legislative body of the municipality or upon
petition signed by five percent of the legal voters of the municipality and
presented to the legislative body. The
secretary shall consider the results of any such referendum in making a final
decision on whether to acquire the property.
Sec. 85.
[DELETED]
Sec. 86.
STATE LAND; ACREAGE IN EXCESS OF FIVE PERCENT
On or before July 15, 2002, the listers of
each municipality in which the state or one of its subdivisions holds title to
land, shall report to the selectboard of the municipality regarding the
percentage of acreage within the municipality that is owned or otherwise
controlled by the agency of natural resources, directly or through any of its
departments or divisions.
Sec. 87.
10 V.S.A. § 6605(d) is amended to read:
(d) New landfills placed in operation after
July, 1987 shall be lined and shall collect and treat leachate. If Except as provided in section
6614 of this title, or if, pursuant to information obtained through the
pilot projects completed under section subsection 6604(b) of this
title or from other sources, the secretary identifies particular waste
components that will not be the source of leachate harmful to health or the
environment, the secretary may waive the requirements for liners in landfills
or portions of landfills designated solely to receive these wastes. Solid waste shall be included among these
waste components that will not be the source of harmful leachate, in situations
where all of the following apply:
* * *
Sec. 88.
10 V.S.A. § 6614 is added to read:
§ 6614.
WAIVER
The secretary may waive the requirements of
subsection 6605(d) of this title and the technical and siting requirements of
the solid waste management rules adopted pursuant to subdivision 6603(1) of
this title, provided the following conditions are met:
(1)
The secretary intends to perform a removal or remedial action, pursuant
to chapter 159 of this title, or the President of the United States intends to
perform a response action, as defined in 42 U.S.C. § 9601(25), in response to a
release or threatened release of hazardous substances; and
(2)
The secretary makes a prior written determination that:
(A)
the proposed response action will not adversely affect the public
health, safety, or the environment; and
(B)
the technical and siting requirements will be complied with to the
extent practical in light of the overall objectives of the response.
Sec. 89. 10 V.S.A. § 2603(g) is
added to read:
(g) The commissioner shall consult with and
receive approval from the commissioner of buildings and general services
concerning proposed construction or renovation of individual projects involving capital
improvements which are expected, either in phases or in total, to cost more
than $200,000.00. The department of
environmental conservation shall manage all contracts for engineering services
for capital improvements made by the department of forests, parks and
recreation.
Sec. 90.
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:
(1) The Vermont environmental protection agency
(EPA) pollution control revolving fund which shall be used to provide loans to
municipalities for planning sewage systems and sewage treatment or
disposal plants as defined in sections 3501(6) and 3601 of this title, for
constructing
publicly-owned
sewage systems and sewage treatment or disposal plants as defined in
sections 3501(6) and 3601 of this title, for planning or construction of
certain privately-owned wastewater systems, and for implementing related
management programs.
* * *
(d) Funds from the Vermont environmental
protection agency pollution control fund and the Vermont pollution control
revolving fund, established by subdivisions (1) and (2) of subsection (a) of
this section, may be awarded for:
(1) the construction of a new or an enlarged
waste water treatment plant with a resulting total capacity of 250,000 gallons
or more per day in accordance with the provisions of this chapter and section
1626a of Title 10; or
(2) the construction of stormwater management
facilities as specifically or generally described in Vermont’s nonpoint source
management plan, and which are necessary to remedy or prevent pollution of
waters of the state, provided, in any year in which the federal grant for the
fund established in subdivision (a)(1) of this section does not exceed the
amount available to the state in the 2002 federal appropriation, no more than
10 percent of that year’s federal and state appropriations to that fund shall
be used for the purpose outlined in this subdivision.
* * * Fire
Service Training Council * * *
Sec. 91.
FIRE DEPARTMENT AND FIRE DISTRICT FINANCING AND
STRUCTURAL STUDY
(a)
The General Assembly finds:
(1) Fire departments and fire districts serve an
essential public role.
(2)
Volunteer, paid, call, and professional firefighters are available 24
hours‑a‑day, 365 days‑a‑year.
(3)
These firefighters risk their lives to protect property and the lives of
others.
(4)
Many of Vermont’s fire departments and fire districts are threatened by
their inability to raise sufficient operating and capital funds without
straining municipal budgets, and by their inability to attract and properly
train and equip volunteers.
(5)
Pursuant to the provisions of subchapter 3 of chapter 175 of Title 20,
many municipalities and fire districts have entered into mutual aid agreements
to aid surrounding communities in the event of a major fire emergency, but they
may not be able to respond fully because of difficulties with funding,
recruitment, or training.
(6)
Municipal fire departments and fire districts incur operational costs
for each property or automobile fire to which they respond, in excess of long‑term
infrastructure equipment and space needs.
(7)
Other states have developed sustainable funding sources and mechanisms,
such as a gross receipts tax on property and automobile insurance premiums, to
fund state and regional training programs, and the authority of municipalities
to assess a per‑call user fee against homeowner and automobile insurance
policies when called to respond to a loss, to cover operational expenses
incurred.
(8)
There is a need to examine the financial issues and employment patterns
that threaten municipal fire departments and fire districts to assure they are
able to continue providing their vital, and sometimes lifesaving, public
services.
(b)
In order to develop new options to assure long-term financial stability
for the state’s municipal fire departments and fire districts, the
commissioners of banking, insurance, securities, and health care administration
and of finance and management and the executive director of the Vermont Fire
Service Training Council shall jointly examine municipal fire departments’ and
fire districts’ funding needs and sources, and shall make recommendations to
address those needs from available sources.
They shall identify and jointly make recommendations to address other
issues that threaten the viability of fire departments. As part of their examination, they shall
consult with representatives of the Vermont Fire Chiefs’ Association, the
Vermont State Firefighters Association, the Vermont Career Fire Chiefs
Association, and the Professional Firefighters Association. The commissioners and executive director
shall submit a report of their findings and recommendations to the house
committee on ways and means and to the senate committee on finance by January
15, 2003.
* * *
Miscellaneous * * *
Sec. 92. 32 V.S.A. § 182(a)(8) is amended to read:
§ 182. DUTIES OF COMMISSIONER
(a) In addition to the duties expressly set
forth elsewhere by law, the commissioner of finance and management shall:
* * *
(8) Prepare monthly financial reports for the
governor, secretary of administration, and other officials and for release to
the general public, and an annual financial report in accordance with generally
accepted accounting principles which shall be distributed to the chairs of
the house committees on appropriations, on institutions, and on ways and means
and to the senate committees on appropriations, on finance, and on institutions
on or before December 31 of each year;
Sec. 93. 2 V.S.A. § 16 is amended to read:
§ 16.
PRINTING, DISTRIBUTION AND SALE OF DAILY CALENDAR,
JOURNAL AND BILLS
* * *
(1) Unless otherwise directed by the member,
copies of both the daily House calendar and Calendars. One copy of the daily house calendar shall
be placed on the desk of each member of the house and one copy of the daily
Senate senate calendar shall be placed on the desk of each member
of the House and Senate senate.
An additional number of copies of both the daily House and Senate
house and senate calendars shall be made available to both House
and Senate house and senate members in their respective chambers,
and to the public in the legislative council offices. The number of such copies required shall be determined by staff
of the legislative council based on their demand.
(2) Unless otherwise directed by the member,
copies Journals and bills.
Copies of both the daily House and Senate house and senate
journals, and of the bills, shall be placed on the desk of each member of
the House and Senate, and made available to both house and senate
members in their respective chambers, and to the public in the legislative
council offices. The number of such
copies required shall be determined by staff of the legislative council based
on their demand.
Sec. 94.
REPEAL
10 V.S.A. § 6621 (shelf labeling law
regarding hazardous products) is repealed.
Sec. 95. 10 V.S.A. § 1978(f) is added to read:
(f) The secretary may adopt
emergency rules as necessary to assure that the implementation of this chapter
does not have an undue adverse effect upon the marketability of title to real
estate.
Sec. 96. ACTS OF 2000 AND 2001; CLARIFICATION
The appropriation of $400,000 to the department of buildings and
general services for the state police station and public service answering
point in Derby made in Sec. 13(b) of No. 61 of the Acts of 2001 shall be
considered an express, annual appropriation of the general assembly for
purposes of Sec. 88(b) of No. 152 of the Acts of 2000.
Sec. 97.
EFFECTIVE DATE
(a)
Except as otherwise provided in this section, this act shall take effect
from passage. The sums appropriated and
the spending authority authorized by this act shall be continuing, and shall
not revert at the end of the fiscal year.
(b) Sec. 55 (uniform act for
out-of-state parolee supervision) shall take effect as provided in Sec. 56 of
this act.
Approved: June 27, 2002