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NO. 61. AN ACT RELATING TO CAPITAL APPROPRIATIONS AND STATE BONDING.

(H.478)

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

* * * Appropriations * * *

Sec. 1. SHORT TITLE

This act may be referred to as the 2001 Capital Construction Bill or the 2001 Capital Construction Act.

Sec. 2. STATE BUILDINGS

(a) The sum of $13,485,000 is appropriated to the department of buildings and general services, and the commissioner is authorized to direct funds from 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, renovations. As a condition of this appropriation, the building shall be vacated during renovation, and the commissioner of buildings and general services shall work with the People’s Health and Wellness Clinic to relocate the Clinic to a permanent location: (4,500,000)

(2) Bennington, downtown state office building, 324 Main Street, renovations: (1,700,000)

(3) Brattleboro, state office building, ventilation improvements:

(30,000)

(4) Burlington, Cherry Street garage, phase one repairs: (300,000)

(5) Montpelier, 133 State Street. The fourth and fifth floors of the 133 State Street building shall not be committed for use until the committee created in subsection (b) of this section has agreed upon a plan to create additional space for use by the general assembly. In addition, the committee shall have the authority and jurisdiction to decide if the agencies and departments recommended by the commissioner of buildings and general services as occupants for 133 State Street shall be so authorized. Upon granting such authorization, the committee may release the fourth and fifth floors from the prohibition on occupancy contained in this subdivision; provided, however, that the secretary of state shall not be relocated to 133 State Street.

(6) Montpelier, State House, goldleaf work on dome: (50,000)

(7) Montpelier. The commissioner is authorized to renovate a state-owned building or purchase an appropriate building, within the greater capital area, with funds allocated under this section for the purpose of conversion to a child care center. The Redstone property shall not be considered for the purposes set forth in this subdivision. The commissioner shall report his or her actions and recommendations to the house and senate committees on institutions on or before January 15, 2002. The commissioner shall work with legislative council staff, the Vermont state employees’ association, the department of personnel, and the department of social and rehabilitation services to fulfill the requirements of this subdivision:

(150,000)

(8) Montpelier, 136 State Street, sculpture garden: (30,000)

(9) Newport, courthouse and Emerson state office building, ventilation of top floor: (50,000)

(10) Statewide, major maintenance: (4,000,000)

(11) Statewide, implementation of security program: (255,000)

(12) Statewide, military records project, final installment: (35,000)

(13) Statewide, Americans with Disabilities Act, accessibility to public buildings: (400,000)

(14) Statewide, contingency fund: (500,000)

(15) Statewide, building reuse: (100,000)

(16) Statewide, planning: (35,000)

(17) Statewide, roof replacement, phase two: (125,000)

(18) Waterbury, state office complex, electrical loop upgrade: (625,000)

(19) Waterbury, state office complex, parking lot and lighting renovations. The commissioner of buildings and general services is authorized to use up to $10,000 to upgrade the playground at this location: (600,000)

(b) The sum of $400,000 is appropriated to the department of buildings and general services to undertake planning and design of an addition to the State House, to enhance food service preparation and delivery in the State House cafeteria, and to increase the space available to house standing committees. There is established a special committee to oversee and direct these initiatives. The committee shall be comprised of the chairs and vice-chairs of the house and senate committees on institutions and the commissioner of buildings and general services, or designees. Up to $50,000 of the appropriation in this subsection shall be used to take interim action to enhance food service preparation and delivery in the State House cafeteria by January 8, 2002. Members of the general assembly shall be entitled to per diem and expenses in the same manner as provided to standing committees pursuant to 2 V.S.A. § 406.

(c) By January 15, 2002, the commissioner of buildings and general services and legislative council staff shall study and recommend to the house and senate committees on institutions the feasibility and cost of installing equipment enabling a digital audio stream to be received on the world wide web of proceedings held in the house and senate chambers.

(d) The commissioner of buildings and general services, with the approval of the governor, may acquire for use by the state an easement pursuant to completed negotiations for the so-called Feeley property generally located at exit 17 on Interstate 89 in Colchester. If acquired, all rights to such easement shall be retained exclusively by the state.

(e) The commissioner of buildings and general services is authorized to purchase the two pieces of art work by James F. Gilman currently under negotiation for the permanent state collection with funds appropriated in this section.

(f) The commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to sell the office building at 45 Kingman Street in the town of St. Albans if it is deemed to be in the best interest of the state. The sale shall be pursuant to section 104 of Title 29. Proceeds from the sale, net of sale costs, shall be held by the state treasurer for reallocation by the general assembly in a future capital construction act or to defray the issuance of authorized general obligation bonds.

(g) Notwithstanding any provision of law to the contrary, the commissioner of buildings and general services is authorized to transfer the so-called Dorm D at the former Brandon Training School to the Children’s Growth Center for one dollar.

(h) The commissioner of buildings and general services is authorized to undertake planning, land improvements, and other associated activities in relation to the property referred to as the "Tree Farm Recreational Facility" in the Town of Essex and the Village of Essex Junction.

(Total appropriation – Section 2 $13,885,000)

Sec. 2a. Sec. 37 of No. 148 of the Acts of 1998 is amended to read as follows:

Sec. 37. PURCHASE OF PROPERTY; SPRINGFIELD

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

Sec. 3. HUMAN SERVICES

(a) The sum of $1,150,000 is appropriated to the department of buildings and general services for the agency of human services, department of corrections, for renovation of the Brooks detention facility in Waterbury.

(b) The sum of $5,000,000 is appropriated to the department of buildings and general services for the agency of human services for the Southern State Correctional Facility.

(Total appropriation – Section 3 $6,150,000)

Sec. 4. JUDICIARY

(a) The sum of $400,000 is appropriated to the department of buildings and general services for the judiciary for design of the Rutland courthouse which shall be a minimum of 45,000 square feet; this appropriation is made notwithstanding any provisions of Sec. 4(b) of No. 148 of the Acts of 2000 to the contrary.

(b) The sum of $50,000 is appropriated to the department of buildings and general services for space planning and facade redesign at the district courthouse and state office building in Barre City.

(Total appropriation – Section 4 $450,000)

Sec. 5. COMMERCE AND COMMUNITY DEVELOPMENT

(a) The sum of $680,000 is appropriated to the department of buildings and general services for the agency of commerce and community development for:

(1) Bennington, Bennington Battle monument, elevator and life safety upgrades: 50,000

(2) Calais, Kent Tavern, phase one structural stabilization: 100,000

(3) Hubbardton, Hubbardton revolutionary war battlefield, relocation of slate building: 60,000

(4) Plymouth, Calvin Coolidge site, to assist with the addition, well, storage tank, septic, lighting and exhibit space at the Wilder horse barn and with the well, storage tank, and septic at the school and cheese factory:

230,000

(5) Statewide, major maintenance at historic sites: 150,000

(6) Statewide, historic markers: 15,000

(7) Strafford, Morrill homestead, barn foundation and framing: 55,000

(8) Underwater preserves, maintenance and improvements: 20,000

(b) The sum of $340,000 is appropriated to the department of buildings and general services for the agency of commerce and community development, division for historic preservation for:

(1) Historic preservation grants: 200,000

(2) Historic barns and agricultural buildings grants; no additional consideration shall be given for a barn or agricultural building that is in active use: 140,000

(c) The sum of $50,000 is appropriated to the department of buildings and general services for use by the Bennington County Industrial Corporation, Inc. for a due diligence and environmental assessment study of the Stanley Tools property in Shaftsbury.

(d) The sum of $30,000 is appropriated to the department of buildings and general services for use by the Vermont Youth Conservation Corps, Inc. for brush clearing and battlefield restoration at the Hubbardton revolutionary war battlefield, to be completed prior to the battle reenactment in 2002.

(Total appropriation – Section 5 $1,100,000)

Sec. 6. EDUCATION

(a) The sum of $11,582,912 is appropriated to the department of education for state aid for school construction projects pursuant to section 3448 of Title 16.

(b) The sum of $465,000 is appropriated to the department of education for:

(1) 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: 400,000

(2) Use by the Patricia A. Hannaford Career Center in Addison County to support the development of a workforce development center in agriculture. This appropriation shall be used to secure program and other necessary approvals from the department of education, to develop preliminary plans and a cost estimate approved by the department of buildings and general services and the department of education, to secure colocation and program articulation agreements with Vermont Technical College and the University of Vermont, to develop a comprehensive funding plan, including private, local, state, and federal participation for building and equipment, and to secure private and public funding commitments. The director of the career center shall report progress on this initiative to the house and senate committees on institutions on or before January 15, 2002: 65,000

(c) The sum of $1,200,000 is appropriated to the department of buildings and general services for technical center projects:

(1) For use by the Lake Champlain Regional Chamber of Commerce (LCRCC) to complete the preliminary work for a comprehensive technical academy and workforce development center to serve youth and adult learners in the Chittenden County area. The scope of the LCRCC’s work funded by this appropriation shall consist of: final recommendation of a governance model, final recommendation of an appropriate funding mechanism for both operating and capital costs, final recommendation of a site location in consultation with the department of buildings and general services, architectural designs and plans, including preliminary blueprints, geological testing, including engineering plans, and final recommendation concerning use or disposition of current facilities. The department of buildings and general services is authorized to bill the LCRCC at the hourly rate for staff providing architectural, engineering, and consulting services. All payments made to the department of buildings and general services by the LCRCC shall be retained by that department: 250,000

(2) North Country Career and Technical Center, planning, design, and engineering of a new, stand-alone facility at a location off the present site, to be done in consultation with the individuals identified in Sec. 68 of this act:

950,000

(d) The sum of $650,000 is appropriated to the department of buildings and general services for the Austine School for the Deaf and Hard of Hearing in Brattleboro for renovations to Holton Hall. The department of buildings and general services shall study the use of renewable energy sources before proceeding with the installation of a heating and cooling system.

(e) Notwithstanding any other provisions of law, including, but not limited to, subdivision 3448(a)(5) of Title 16, requiring voter approval and requiring approval of a final application by the state board of education as a precondition to receipt of school construction aid, the North Bennington School District (for the North Bennington Graded School) shall receive 30 percent construction aid for the state’s total share of a project with costs in the amount of $105,826 for renovations completed in 2000, if such costs are otherwise deemed eligible by the commissioner of education under state board rules. The North Bennington Graded School 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 2001.

(f) Notwithstanding any other provisions of law, including, but not limited to, subdivision 3448(a)(5) of Title 16, requiring voter approval and requiring approval of a final application by the state board of education as a precondition to receipt of school construction aid:

(1) The St. Johnsbury School District (for the St. Johnsbury School) shall receive 100 percent construction aid for costs not to exceed $40,000 to install the infrastructure necessary to enable the installation of a wood chip heating plant at a later date, if such costs are otherwise deemed eligible by the commissioner of education under state board rules. The St. Johnsbury School 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 2001.

(2) The Barre Supervisory Union # 61 (for Spaulding High School) shall receive 50 percent construction aid for the incremental costs to install a wood chip heating plant, if such costs are otherwise deemed eligible by the commissioner of education under state board rules and are consistent with subdivision 3448(a)(7)(B) of Title 16. Spaulding High School 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 2001.

(g) The sum of $100,000 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 6 $13,997,000)

Sec. 7. UNIVERSITY OF VERMONT

(a) The sum of $1,000,000 is appropriated to the department of buildings and general services for the University of Vermont for:

(1) Burlington, Given medical building, renovations: 887,500

(2) Joseph E. Hills Agricultural Science Building, design and engineering of a new building or ground-up restoration of the existing building: 62,500

(3) Weybridge, Morgan horse farm: 50,000

(b) The general assembly requests the University of Vermont board of trustees give priority consideration to the design and engineering of a new building or the ground-up restoration of the existing Joseph E. Hills Agricultural Science Building.

(Total appropriation – Section 7 $1,000,000)

Sec. 8. VERMONT STATE COLLEGES

The sum of $3,000,000 is appropriated to the department of buildings and general services for the Vermont state colleges for major maintenance.

(Total appropriation – Section 8 $3,000,000)

Sec. 9. NATURAL RESOURCES

(a) The sum of $8,217,500 is 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 that this sum shall include appropriations of $300,000 to Pownal and $75,000 to the Creek Road Sewer Line Extension in Castleton for septic system upgrades, and $52,500 to Richford for water line upgrades: 7,517,500

(2) Dams, maintenance and reconstruction: 300,000

(3) Catamount Trail, purchase of permanent easements: 15,000

(4) Barton Village, Crystal Lake, to apply for shoreline encroachment permit and, consistent with that permit, remove sand, silt, and debris in the outlet channel: 50,000

(5) Roxbury hatchery, installation of fence to prevent poaching: 35,000

(6) Waterbury, Green Mountain Club, Inc., for procurement, in fee simple or by easement, of properties along the Long Trail and to assist with the Lamoille and Winooski Valley Long Trail relocation projects. Negotiations and agreements shall be made on a willing seller-willing buyer basis. None of the appropriations in this section shall be used to support the acquisition of land by eminent domain. Any easements acquired shall be recorded in a deed from the landowner to the state of Vermont, and may not be assigned or changed without agreement by both parties: 300,000

(b) The sum of $30,000 is appropriated to the agency of natural resources for use by the department of environmental conservation in connection with the former White River Valley Hardwoods property in Randolph (site no. 77-0069); provided, however, that this appropriation is conditioned on receipt by the agency from the owner of the property or any other potentially responsible party of an agreement to release the state from all liability from any claim relating to contamination at the property.

(c) The sum of $30,000 is appropriated to the department of buildings and general services for use by the department of fish and wildlife, law enforcement division, to purchase night vision devices and 35 mm cameras; provided that the equipment shall be ordered by September 1, 2001.

(d) The commissioner of forests, parks and recreation may grant a nonexclusive easement to Vermont Gas Systems, Inc. for the purpose of installing, operating, and maintaining natural gas pipelines on lands under the commissioner’s jurisdiction located at 111 to 129 West Street in Essex Junction, commonly known as the Vermont state forest nursery. In the event that the easement ceases to be used for the purpose granted, title to the easement shall revert to the state.

(e) Notwithstanding any provision of Sec. 13(a)(4)(A) of No. 148 of the Acts of 1998 to the contrary, the department of forests, parks and recreation is authorized to use any funds appropriated in that subdivision for any maintenance or health and safety project in the St. Albans Bay State Park in St. Albans.

(f) The department of fish and wildlife shall conduct a study to evaluate the impact on fishing license sales in the state resulting from the establishment of a reciprocal fishing license with the State of New York for use on Lake Champlain. The department shall report its recommendations to the house and senate committees on institutions, the house committee on fish, wildlife and water resources, and the senate committee on natural resources and energy on or before January 15, 2002.

(g) In the event that the secretary of the agency of natural resources finds that the Curtis Pond dam in Calais presents an imminent hazard to human health or property and that emergency actions need to be taken to eliminate the imminent hazard, including accessing the dam and potential acquisition of the dam, the secretary is authorized to use the funds appropriated in this section for dam maintenance and reconstruction.

(Total appropriation – Section 9 $8,277,500)

Sec. 10. MILITARY

The sum of $130,000 is appropriated to the department of the military for:

(1) Winooski armory, low roof, replacement: 30,000

(2) Newport armory, low roof, replacement: 30,000

(3) Burlington, Gosse Court armory, low roof, replacement: 40,000

(4) Fair Haven, operational maintenance structure, site

preparation work: 30,000

(Total appropriation – Section 10 $130,000)

Sec. 11. VERMONT VETERANS’ HOME

The department of buildings and general services is authorized to use up to $75,000 of the funds appropriated in Sec. 18 of No. 148 of the Acts of 2000 for the purpose of preparing preliminary plans, specifications, and estimates to renovate a patient wing at the Vermont veterans’ home specifically for the treatment of eligible veterans with Alzheimer’s disease and other dementia-related disorders. Use of these funds is authorized for the purpose of preparing applications to the Veterans’ Administration to secure federal funding for the project. Additionally, the department of buildings and general services is authorized to use up to $80,000 of the funds appropriated in Sec. 18 of No. 148 of the Acts of 2000 for the purpose of upgrading the home’s fire alarm system ($50,000) and renovating the front porch of the administration building ($30,000).

Sec. 12. VERMONT HISTORICAL SOCIETY

The sum of $350,000 is appropriated to the Vermont historical society for renovations to the former Spaulding graded school in Barre for the Vermont history center.

(Total appropriation – Section 12 $350,000)

Sec. 13. PUBLIC SAFETY

(a) The sum of $755,000 is appropriated to the department of buildings and general services for the department of public safety for:

(1) Derby, state police barracks, construction, supplement: 740,000

(2) St. Johnsbury state police office, purchase of office equipment and related renovations, to include workstations and individual office lockers, to be designed in consultation with the office staff: 15,000

(b) Notwithstanding any provision of subsection 7523(c) of Title 30 to the contrary, the sum of $400,000 is appropriated from the universal service fund established in chapter 88 of Title 30 to the department of buildings and general services for the purchase of equipment necessary to support communication and enhanced-911 services subject to subdivision 7054(e)(1) of Title 30, for the state police station and public safety answering point in Derby.

(Total appropriation – Section 13 $1,155,000)

Sec. 14. CRIMINAL JUSTICE AND FIRE SERVICE TRAINING COUNCILS

(a) The sum of $270,000 is appropriated to the department of buildings and general services for the Vermont criminal justice and Vermont fire service training councils to connect to the town of Pittsford’s wastewater sewer treatment system.

(b) The sum of $130,000 is appropriated to the department of buildings and general services for the Vermont fire service training council for the purchase of a self-contained breathing apparatus (SCBA) trailer for training purposes.

(Total appropriation – Section 14 $400,000)

Sec. 15. AGRICULTURE, FOOD AND MARKETS

(a) The sum of $900,000 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 $38,000 is appropriated to the department of buildings and general services for the department of agriculture, food and markets, for

installation of a hydronic heat system in the Eastern States Exposition building, West Springfield, Massachusetts.

(Total appropriation – Section 15 $938,000)

Sec. 16. VERMONT RURAL FIRE PROTECTION TASK FORCE

The sum of $100,000 is appropriated to the department of buildings and general services for the Vermont rural fire protection task force to continue the dry hydrant program.

(Total appropriation – Section 16 $100,000)

Sec. 17. 2001 CAPITAL CONSTRUCTION BILL ONE-TIME APPROPRIATIONS

The following sums are appropriated to the department of buildings and general services in fiscal year 2002 for projects undertaken by municipalities or nonprofit organizations; the general assembly intends such amounts to constitute one-time appropriations for the individual projects concerned:

(1) Library projects; no local funding match shall be required:

(A) Craftsbury Common, Craftsbury Public Library, Inc., construction of new library: 30,000

(B) Fairlee, Town of Fairlee Public Library, relocation: 30,000

(C) Guildhall, Town of Guildhall Public Library, ADA

compliance: 20,000

(D) Guilford, Guilford Free Library, installation of toilet facilities:

40,000

(E) Pawlet, Pawlet Projects Committee, Inc., assist with Pawlet Schoolhouse-Library project: 40,000

(F) Peacham, Peacham Library, ADA compliance: 5,000

(G) Putney, Town of Putney Public Library, expansion. The new library shall be named in honor of David Rothschild or a plaque shall be erected to acknowledge his significant contribution to making the library a reality: 30,000

(H) Wallingford, Gilbert Hart Library, renovations and improvements: 50,000

(2) Other types of projects; no local funding match shall be required:

(A) Arlington, Town of Arlington, handicap access to Arlington meeting hall: 8,000

(B) Barre, Barre Historical Society, Inc., restoration and repair of flood damage to Old Labor Hall: 40,000

(C) Barre City, City of Barre, to assist with the BOR building and renovation project: 65,000

(D) Bennington, Everett Estate Preservation Society c/o Southern Vermont College, restoration of Everett Mansion: 40,000

(E) Brattleboro, Building a Better Brattleboro, Inc., to assist with completion of construction of the Robert H. Gibson River Garden. The recipient shall create an appropriate display, including a photograph, explaining who Robert H. Gibson was and indicating that the state has contributed to the construction of the river garden in appreciation of his many years of public service: 25,000

(F) Bristol, Bristol Family Center, Inc., acquisition of new well and related work: 10,000

(G) Brownington, Orleans County Historical Society, Inc., restoration of the recently acquired Alexander Twilight House: 20,000

(H) Burlington, Howard Center for Human Services, Inc., for the Baird Center for Children and Families, phase two funding: 100,000

(I) Burlington, Snelling Institute, Inc., purchase of building: 20,000

(J) Burlington, Vermont Dismas House, renovations to 96 Buell Street: 20,000

(K) Burlington, Vermont Symphony Orchestra Association, Inc., purchase of portable sound curtain and tympani: 30,000

(L) Canaan, Town of Canaan, Community Park Recreation Committee, construction of recreation path: 10,000

(M) Cavendish, Cavendish Volunteer Fire Department, District # 2, accessibility compliance: 20,000

(N) Colchester, Colchester Historical Society, Colchester log schoolhouse, restoration: 20,000

(O) Danville, Town of Danville Recreational Field Committee, repair and expansion of facilities: 20,000

(P) Derby, Indoor Recreation of Orleans County, Inc.: 30,000

(Q) Eden, Green Mountain Council-Boy Scouts of America, historic barn preservation and outdoor adventure center: 45,000

(R) Essex Junction, Essex Junction Lions Club, Veterans’ Park Fundraising Committee, Veterans’ Memorial Park, redesign and expansion:

25,000

(S) Ferrisburgh, Lake Champlain Maritime Museum, Inc., assist with construction of new education facility at Basin Harbor site: 95,000

(T) Greensboro, construction of town garage: 20,000

(U) Holland, Holland Historical Society, restoration: 30,000

(V) Jeffersonville, Cambridge Historical Society, Warner Lodge Masonic Hall, preservation: 20,000

(W) Lamoille County, historic Lamoille County Courthouse, assist with restoration: 15,000

(X) Middlebury, Henry Sheldon Museum of Vermont History, Inc., structural preservation: 10,000

(Y) Middlebury, Town Hall Theater, Inc., repair of community theater roof: 30,000

(Z) Montpelier, Two Rivers Center for Sustainability, Inc., assist with purchase of the historic Jacob Davis Jr. farmstead: 25,000

(AA) Montpelier, City of Montpelier, construction of entrance to State House path: 2,000

(BB) Morrisville, Morristown Community Partnership Parkette, construction: 30,000

(CC) North Bennington, Park-McCullough Historic House, carriage barn renovation: 10,000

(DD) North Hero, community center, restoration: 25,000

(EE) Norwich, University Grange # 335 Hall, repairs: 15,000

(FF) Plainfield, Twin Valley Senior Center, construction of a dining and activities center with handicap-accessible restroom facilities for senior citizens: 25,000

(GG) Plainfield, Town of Plainfield, Plainfield community recreation area: 3,000

(HH) Pownal Center, Pownal Valley Volunteer Fire Department, accessibility compliance: 2,500

(II) Reading, Reading Volunteer Fire Department, construction of new fire station: 15,000

(JJ) Richford, Richford Historical Society, Inc., museum restoration: 49,750

(KK) Rockingham, Our Town Civic Organization, Inc.,

restoration of the Bellows Falls Opera House: 20,000

(LL) Rockingham, Rockingham Meeting House Association, restoration of historic meeting house: 10,000

(MM) Rockingham, Rockingham Recreation Association, Inc., construction of new facility in Bellows Falls: 25,000

(NN) Rutland, Rutland Dismas House, repairs to foundation and conversion of barn into educational and storage space: 20,000

(OO) Rutland, Rutland recreation center, planning: 25,000

(PP) St. Albans, St. Albans Senior Center, renovations for accessibility: 40,000

(QQ) St. Albans, Pearly-Collins Sports Complex, purchase of chairs: 10,000

(RR) St. Johnsbury, St. Johnsbury Athenaeum, improvements to entrance of building: 20,000

(SS) South Burlington, Vermont Community Botanical Gardens, Inc., site preparation and improvements for a community garden: 40,000

(TT) Stannard, Town of Stannard, Historic Stannard Schoolhouse, restoration: 20,000

(UU) Statewide, Vermont Youth Orchestra Association, Inc., construction of new facility at Fort Ethan Allen: 25,000

(VV) Stowe, Vermont Ski Museum, Inc., construction: 20,000

(WW) Underhill, Maple Leaf Farm Associates, Inc., septic system repairs and facility improvements: 20,000

(XX) Vernon, Vernon senior housing, construction: 100,000

(YY) Wallingford, Town of Wallingford, assist with restoration of community center: 25,000

(ZZ) Waterville, Waterville town hall, preservation: 20,000

(AAA) Westfield, Town of Westfield, Westfield Community Center, completion of second floor: 20,000

(BBB) Wolcott, Girl Scout Council of Vermont, Camp Wapanaki, dam reconstruction project: 10,000

(CCC) Fredericksburg, Virginia, Fairbanks Museum and Planetarium as trustee, creation of a Barre granite civil war monument to honor Vermonters who fought in the Battle of the Wilderness on May 5 and 6, 1864: 20,000

(3) Other types of projects; each sum appropriated under this subdivision shall be made available when evidence is presented to the commissioner that one dollar has been raised from nonstate sources, which may include in-kind contributions, for each dollar appropriated:

(A) Rutland, Rutland Amateur Hockey Association, construction of new rink: 75,000

(4) Other types of projects; each sum appropriated under this subdivision shall be made available when evidence is presented to the commissioner that two dollars have been raised from nonstate sources, which may include in-kind contributions, for each dollar appropriated:

(A) Middlebury, The Center for Elderly Services, construction of new facility: 150,000

(B) Windsor, construction of memorial at Old South Church parade grounds honoring Windsor veterans: 20,000

(5) The sum of $49,750 is appropriated to the department of buildings and general services for use by the Vermont Youth Conservation Corps, Inc. for construction of a handicap-accessible path in Rossetti Park in Colchester from the public access area to the beach; provided, however, that the area shall be available on a nondiscriminatory basis to residents and nonresidents of the town.

(Total appropriation – Section 17 $2,000,000)

Sec. 18. VERMONT GRANITE MUSEUM; APPROPRIATION; MUNICIPAL AUTHORIZATION

(a) The sum of $200,000 is appropriated to the department of buildings and general services for use by the Vermont Granite Museum, Inc., in the City of Barre, to assist with building renovations and improvements.

(b) At an annual or special meeting thereof, the City of Barre, the City of Montpelier, the Town of Barre, and the Town of Berlin may authorize an appropriation to be funded and paid over a term of years for the purpose of contributing to the acquisition, development, and improvement of the Vermont Granite Museum, Inc.

(Total Appropriation – Section 18 $200,000)

Sec. 19. Sec. 9 of No. 148 of the Acts of the 2000 Session is amended to read:

Sec. 9. VERMONT ARTS COUNCIL; FISCAL YEAR 2001

The sum of $50,000 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 *[for projects which in total amounts are equal for each county of the state. In awarding individual grants, priority consideration shall be given to applicants who demonstrate greater financial need]* 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.

(Total Appropriation – Section 9 $50,000)

Sec. 20. VERMONT ARTS COUNCIL; FISCAL YEAR 2002

The sum of $50,000 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.

(Total Appropriation – Section 20 $50,000)

Sec. 21. Sec. 9 of No. 233 of the Acts of the 1994 Session is amended to read:

Sec. 9. MUNICIPAL AND NONPROFIT FACILITIES

Sums are appropriated to the department of state buildings for the following purposes and in the following amounts:

* * *

(e) Caledonia County Fair. The sum of $275,000 is appropriated to the department of state buildings for use by the Caledonia County Fair Association, Inc. to assist with rebuilding the fairground grandstand, in Lyndonville in the Town of Lyndon, on the condition that the interior of the structure be designed and constructed to maximize use of the interior for displays and meetings on a year-round basis. The structure shall also be designed to maximize its interior use for offices, rest rooms and an exhibition hall, as well as exhibit booths along the exterior walls, so that it may be used on a year-round basis. The principal due on the sum appropriated herein shall be repaid interest free to the state in full in equal annual amounts *[during a ten-year period beginning on November 1, 1996]* of $5,000 each, payable on November 1 each year, beginning November 1, 2001. Repayment of the loan shall be secured by a promissory note and mortgage signed by association officers, and by the owners of the property on which the structure is located if different from the association. Casualty insurance shall be obtained by the owners of the property for the full replacement value of the property with the state of Vermont designated the beneficiary in the amount of $275,000. The loan amount shall be repaid upon receipt in the event and to the extent a community development block grant is given to the town or the fair association for the same purpose. Notwithstanding any provision of law to the contrary, the Vermont Economic Development Authority (VEDA) is hereby authorized and directed to execute on behalf of the state of Vermont the necessary documents to make this loan as set forth herein, and to revise the terms of the original loan documents as set forth herein. No fees of any kind shall be charged by VEDA in the making of this loan. Repayment shall be handled, as with any other outstanding loan, by VEDA. The payments shall be transferred to the state treasurer for use to defray state bonded indebtedness. This loan shall be made within 14 days of the effective date of this act.

* * * Financing This Act * * *

Sec. 22. REALLOCATION OF FUNDS

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

(1) $2,485 appropriated in Sec. 10a(b) of No. 185 of the Acts of 1996 (Vermont ETV – revised fee schedule).

(2) $2,485 appropriated in Sec. 10a(a) of No. 185 of the Acts of 1996 (department of forests, parks and recreation fee schedule).

(Total reallocation – Section 22 $4,970)

Sec. 23. TRANSFER OF FUNDS

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), $13,778,442 is transferred to the general bond fund to defray expenditures authorized in Sec. 6(a) (school construction), (b)(2) (Hannaford Career Center), (c)(1) (Lake Champlain Regional Education Academy), (c)(2) (North Country Career Center), (d) (Austine School), and (g) (vocational training for offenders), and for $180,530 of the total authorized in Sec. 6(b)(1) (vocational - technical education program equipment) of this act.

(Total transfer – Section 23 $13,778,442)

Sec. 24. GENERAL OBLIGATION BONDS

(a) Subject to subsection (b) of this section, 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.

(b) 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.

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

(Total Bonding – Section 24 $39,000,000)

* * * Managing This Act * * *

Sec. 25. 29 V.S.A. § 152 is amended to read:

§ 152. DUTIES OF COMMISSIONER

(a) The commissioner of buildings and general services, in addition to the duties expressly set forth elsewhere by law, shall have the authority to:

* * *

(17) Manage and expend all appropriations made in each annual capital construction act to the department of buildings and general services under chapter 5 of this title. However, the commissioner of buildings and general services may, with the approval of the secretary of administration, direct the commissioner of finance and management to issue a warrant to pay the amount of any appropriation designated for use by an entity not affiliated with the executive branch directly to such entity.

(18) Postpone any project authorized by an annual capital construction act under the authority of or funded through the department of buildings and general services if, due to financial or economic conditions, the best interests of the state will be served by postponement.

(19) Transfer any unexpended project balances between projects that are authorized within the same section of the act.

(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 $100,000.00, or with the additional approval of the emergency board when such balance exceeds $100,000.00.

(21) Cancel any authorized project if, due to financial or economic conditions, the best interests of the state will be served by cancellation, if approved by the secretary of administration, and postpone any authorized project if, due to financial or economic conditions, the best interests of the state will be served by postponement.

(22) Use the contingency fund appropriation to cover shortfalls for any project approved in any capital construction act; however, transfers from the contingency in excess of $50,000.00 shall be done with the approval of the secretary of administration.

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

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

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

(24) Accept from the Federal Emergency Management Agency (FEMA) hazard mitigation grants on behalf of the state on an as-needed basis, or accept from any municipality any funds received by the municipality from FEMA. This authority is intended to permit the state to assist towns in certain situations by taking advantage of federal money in order to avoid depletion of state resources. Each receipt of a grant or gift as authorized by this subdivision shall be reported to the chairs of the house and senate committees on institutions and to the joint fiscal office.

(b) Prior to transfer of unexpended balances between projects under the provisions of this section or another provision of law, the commissioner shall consult with the state treasurer and the commissioner of finance and management to determine that such transfer does not adversely affect the exclusion from gross income of the interest on the bonds from which such unexpended proceeds are derived, pursuant to Section 103 of the Internal Revenue Code of 1986 or any corresponding Internal Revenue Code section of the United States, as from time to time amended. The commissioner shall notify the state treasurer within 30 days of the postponement of any authorized projects for which bonds have been issued.

Sec. 25a. [DELETED]

Sec. 26. 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. 9 (natural resources) of this act.

(b) Military. The adjutant general, with the approval of the secretary of administration, may transfer any unexpended project balances between projects authorized by Sec. 10 (military) of this act.

Sec. 27. 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. 5 of this act 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 chairs of the house and senate committees on institutions that a reallocation has taken place.

Sec. 28. GRANT ACCEPTANCE

(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 that 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.

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

Sec. 29. 29 V.S.A. § 160a(b) is amended to read:

§ 160a. FACILITIES OPERATIONS REVOLVING FUND

* * *

(b) The fund shall consist of:

* * *

(7) Funds received from the maintenance or operation of condominium facilities, including properties owned by nongovernmental persons or entities, in condominium facilities in which the state has an ownership interest.

Sec. 30. 29 V.S.A. § 44a is amended to read:

§ 44a. POWERS AND DUTIES OF COMMISSIONER

(a) The commissioner shall:

* * *

(b) The commissioner is authorized to purchase artwork for the permanent State House collection with funds appropriated to the department for that or other purposes in any capital construction act.

Sec. 31. 21 V.S.A. § 252(f) is amended to read:

(f) The commissioner shall *[adopt rules requiring new publicly funded]*, in state-funded buildings or new additions to state-funded buildings on which construction is begun after June 30, *[1985 to]* 2001, meet the standards contained in *["Energy Conservation in New Building Design" published by the American Society of Heating, Refrigeration and Air Conditioning Engineers (A.S.H.R.A.E. 90-80) 1980, except that, with respect to new state funded buildings, or new additions to state funded buildings, on which construction is begun after June 30, 1993, the rules shall require compliance with the document titled, "State of Vermont, 1991, Department of State Buildings Energy Conservation Standard for New and Existing State Buildings."]* "The Vermont Guidelines for Energy Efficient Commercial Construction" as published in its most recent edition by the department of public service.

Sec. 32. 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 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.

* * * State Colleges * * *

Sec. 33. 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 $1,500,000 for necessary capital improvements. Capital improvements in excess of $50,000 shall be under the supervision of the commissioner of buildings and general services.

* * * Parking in State Lots; Amendments * * *

Sec. 34. 2 V.S.A. § 71 is amended to read:

§ 71. PARKING

(a) Any state-owned or leased parking lot in the capitol complex, as defined in subdivision 182(1) of Title *[28]* 29, or any state-owned or leased area used for parking outside the capitol complex but within the Montpelier area, shall be considered a "public highway", as defined in subdivision 4(13) of Title 23, for enforcement purposes, whether or not open to the public or general circulation of vehicles. The driver or owner of any motor vehicle in such a *[legislative]* state parking lot shall obey the instructions of any applicable posted sign or marking.

(b) *[A capitol police officer or other law]* On land or in structures owned or leased by the state, including state parking lots described in subsection (a) of this section, an enforcement officer is authorized:

(1) to enforce signs and markings relating to parking, stopping, standing and operation of motor *[vehicle signs and markings]* vehicles in a state parking lot *[designated for legislative use by the sergeant at arms]*;

* * *

*[

(d) In or upon land or structures designated for legislative use by the commissioner of buildings and general services, the capitol police department is authorized to move, remove or immobilize, or cause to be moved, removed or immobilized, any motor vehicle which is stopped, parked, standing or being operated contrary to applicable posted signs and markings or in the event of an emergency.

]*

Sec. 35. 29 V.S.A. § 170 is amended to read:

§ 170. PARKING IN STATE PARKING LOTS

(a) The commissioner of buildings and general services is authorized to place *[in state-owned and controlled parking lots]* signs and markings on land or in structures owned or leased by the state, including state parking lots, directing the parking, stopping, standing and operation of motor vehicles. The driver or owner of any motor vehicle in a state-owned or controlled parking lot shall obey the instructions of any applicable posted sign or marking.

(b) *[A law enforcement officer or the State House security officer is authorized:

(1) to enforce parking, stopping, standing and operation of motor vehicle signs and markings in state-owned and controlled parking lots;

(2) to issue a Vermont traffic summons and complaint, pursuant to chapter 24 of Title 23, to the driver or owner of a motor vehicle stopped, parked, standing or being operated contrary to the instructions on an applicable posted sign or marking; or

(3) pursuant to section 1102 of Title 23, at the driver’s or the owner’s expense, to move, remove or immobilize, or cause to be moved, removed or immobilized, any motor vehicle which is stopped, parked, standing or being operated contrary to applicable posted signs and markings.

(c)]* Any sign or marking shall be presumed to have been placed at the direction of the commissioner unless the contrary is established by competent evidence.

*[

(d) In or upon]* (c) On land or in structures owned or leased by the state under the jurisdiction of the commissioner, the commissioner or *[a]* designee, or an enforcement officer, is authorized, pursuant to section 1102 of Title 23, to move, remove or immobilize, or cause to be moved, removed or immobilized, any motor vehicle which is stopped, parked, standing or being operated contrary to applicable posted signs and markings or in the event of an emergency at the expense of the owner of the motor vehicle.

* * * Drinking Water State Revolving Fund; Water and Sewer; Stormwater; Phosphorus; Natural Resources * * *

Sec. 36. 10 V.S.A. § 1624(b) is amended to read:

(b) Loans.

(1) The secretary may certify to the Vermont municipal bond bank established by section 4571 of Title 24 the award of a loan to a municipality to assist with a potable water supply facility project, when the secretary finds that:

(A) the project is necessary;

(B) the proposed type, size and estimated cost of the project are suitable for its intended purpose; and

(C) the municipality will have the technical, financial and managerial ability to operate the facility in compliance with federal and state law.

(2) The certification by the secretary shall specify the interest rate, and indicate which of the following loan conditions concerning construction loans apply:

(A) The term shall not exceed 20 years, and the annual interest rate, plus administrative fee, shall be no more than three percent or less than zero percent, except that when the applicant municipality is disadvantaged as defined by section 1571(9) of this title, the term shall not exceed 30 years, and the annual interest rate, plus administrative fee, shall be no more than three percent or less than minus three percent.

(B) In no instance shall the annual interest rate, plus administrative fee, be less than necessary to achieve an annual household user cost of one and one-quarter percent of the median household income of the applicant municipality or served area, taking into account:

(i) debt retirement of the project, including any monies a municipality may borrow to match federal funds available to the drinking water state revolving fund pursuant to subsection (d) of this section;

(ii) prior drinking water projects; and

(iii) estimated annual operation and maintenance costs as determined by the secretary.

(3) A municipal legislative body may execute a loan agreement under this subsection, provided *[the terms of]* the loan *[are]* is authorized by municipal voters and *[are]* secured by the full faith and credit of the municipality.

(4) A loan shall be issued and administered pursuant to chapter 120 of Title 24.

(5) Loans shall be available to the extent funds are available and according to priorities established by the secretary.

(6) For purposes of this subsection, the secretary shall determine the median household income of a municipality from the most recent federal census data available when the priority list used for funding the project was approved, or at the option of an applicant municipality, based on the recommendation of an independent contractor hired by the municipality and approved by the secretary. The determination of the secretary shall be final. The cost of an independent contractor may be included in the total cost of a project.

* * *

(10) The secretary may forgive up to $25,000.00 of a loan from the Vermont environmental protection agency (EPA) drinking water state revolving fund to municipalities for improvements to public school water systems following substantial completion of the project. The secretary shall establish amounts, eligibility, policies, and procedures for loan forgiveness in the annual state intended use plan (IUP) with public review and comment prior to finalization and submission to the EPA.

(11) Subject to the interest rate and administrative fee limitations of subdivision (b)(2) of this section, the secretary may designate projects as United States Department of Agriculture Rural Development – Vermont EPA drinking water state revolving fund jointly-funded projects, and reduce the Vermont EPA revolving fund interest rate, plus administrative fee, in order to make the total loan cost of the joint loan to the municipality equivalent to the total loan cost of a separately-funded Vermont EPA revolving loan for the same project.

Sec. 37. 10 V.S.A. § 1624(f) is added to read:

(f) The secretary may use federal funds to award grants to municipalities to complete studies, or for start-up costs associated with the physical and operational consolidation of public water systems or the interconnection of public water systems. The secretary shall establish amounts, eligibility, priorities, policies, and procedures in the annual state intended use plan (IUP).

Sec. 38. 24 V.S.A. § 4753(a)(5) is amended to read:

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

* * *

(5) The Vermont drinking water planning loan fund which shall be used *[for providing]* to provide loans to municipalities and privately-owned, nonprofit community water systems, with populations of less than 10,000, for conducting feasibility studies*[,]* and for the preparation of preliminary engineering planning studies and *[conducting planning and preliminary designs]* final engineering plans and specifications for *[making]* improvements to public water systems in order to comply with state and federal standards and to protect public health. The secretary may forgive up to $50,000.00 of the unpaid balance of a loan made from the Vermont drinking water planning loan fund to municipalities after project construction is substantially completed. The secretary shall establish amounts, eligibility, policies, and procedures for loan forgiveness in the annual state intended use plan (IUP) with public review and comment prior to finalization and submission to the United States Environmental Protection Agency.

Sec. 39. 24 V.S.A. § 4755(a) is amended to read:

§ 4755. LOAN; LOAN AGREEMENTS

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

* * *

(3) the loan shall be evidenced by a municipal bond, payable by the municipality over a term not to exceed 20 years, and without deferral of payment except as provided by 10 V.S.A. §§ 1624(b) and 1624a, or by any other permitted debt instrument payable as permitted by chapter 53 of this title; *[and

]*

(4) notwithstanding any other provisions of law, municipal legislative bodies may execute notes and incur debt on behalf of municipalities, with voter approval at a duly warned meeting, for amounts less than $75,000.00, or increase previously approved bond authorizations by up to $75,000.00 to cover unanticipated project costs; and

(5) the rate of interest charged for the loans made to municipalities under this chapter, or the manner of determining the same, shall be established from time to time by the state treasurer after consultation with the secretary of the agency taking into consideration the current average rate on outstanding marketable obligations of the state as of the last day of the preceding month. The rate of interest shall be no less than zero percent nor more than 80 percent of the average rate on marketable obligations of the state. Effective July 1, 1999, an administrative fee of no more than two percent shall be charged for the loans made to municipalities under this chapter from the clean water state revolving fund. Effective July 1, 2001, an administrative fee of no more than two percent may be charged for loans made to municipalities under this chapter from the Vermont environmental protection agency drinking water state revolving fund. The secretary shall establish the method used to determine such administrative fee. Fee proceeds shall be deposited into a nonlapsing account and be held separately from the funds established pursuant to section 4753 of this title. Moneys from such account shall be used to pay the costs of administering each of the funds established by section 4753(a) of this title, and any excess shall be transferred to the appropriate account established by section 4753(a) of this title. Notwithstanding all other requirements of this subdivision, the interest rate charged for municipal water supply projects shall be established by the secretary pursuant to section 1624 of Title 10.

Sec. 40. 24 V.S.A. § 4770 is amended to read:

§ 4770. ELIGIBILITY

* * *

(b) The owner or owners of a privately-owned community water system or a privately-owned nonprofit, noncommunity public water system may apply to VEDA for a loan from the Vermont EPA drinking water state revolving fund established under subchapter 1 of this chapter, the proceeds of which may be used to acquire requisite permits, design, plan, construct, repair, or improve an existing privately-owned public community water system in order to comply with federal and state standards and protect the public health. In addition, the owner or owners of a privately-owned, nonprofit community water system may apply to VEDA for a loan from the Vermont drinking water planning loan fund established in section 4753 of this chapter.

(1) A municipality, as defined under section 126 of Title 1, is not eligible for a loan under this subchapter.

(2) A nonprofit organization is eligible to apply for a loan under this subchapter if that organization qualifies as tax exempt.

(c) VEDA and the secretary may prescribe any form of application or procedure required of the applicant for a loan hereunder, and may impose an application and an administrative fee determined reasonable and necessary to cover administrative costs. Fee proceeds shall be deposited in the administrative fee account established in subsection 4755(a) of this chapter. The loan application shall request such information as VEDA deems necessary to implement this subchapter.

* * *

Sec. 41. 24 V.S.A. § 4771(a) is amended to read:

(a) VEDA may make loans to applicants on behalf of the state for one or more of the purposes set forth in *[section]* subsection 4770(b) of this title. Each such loan shall be made subject to the following conditions:

* * *

(4) The rate of interest charged for loans shall be set by the state treasurer, taking into consideration prevailing borrowing rates available to similarly situated applicants from private lenders and administrative fees to be charged to applicants. VEDA, in cooperation with the secretary, shall periodically recommend interest rates to be set by the state treasurer which are the lowest practicable rates consistent with maintaining the long-term integrity of the fund. The interest rate set by the state treasurer may be less than the prevailing borrowing rates available to similarly situated applicants from private lenders, but not less than zero percent.

(5) Notwithstanding subdivision (4) of this subsection, a privately-owned nonprofit community type system may qualify for a 30-year loan term at an interest rate, plus administrative fee, to be established by the secretary of natural resources which shall be no more than three percent or less than minus three percent, provided the applicant system meets the income level and annual household user cost requirements of a disadvantaged municipality as defined in *[section]* subdivision 1571(9) of Title 10, and provided that at least 80 percent of the residential units served by the water system are continuously occupied by local residents and at least 80 percent of the water produced is for residential use, in which case the secretary shall certify the loan term and interest rate to VEDA. In no instance shall the annual interest rate be less than is necessary to achieve an annual household user cost of one and one-quarter percent of the median household income of the applicant water system computed in the same manner as prescribed in *[section]* subdivision 1624(b)(2)(B) of Title 10.

Sec. 42. DETERMINING USER RATES FOR MUNICIPAL WATER AND SEWER SYSTEMS; ASSISTANCE

The department of environmental conservation shall provide technical assistance and recommendations to municipalities regarding the determination of equitable user rates for municipal drinking water and wastewater systems.

Sec. 43. 10 V.S.A. § 1264(d) is amended to read:

(d) In the absence of legislation to the contrary, the secretary shall file with the secretary of state, *[no sooner than the end of the 2001 legislative session and no later than July 1, 2001,]* a proposed rule which contains the regulatory elements of the program. The proposed rule shall take effect no sooner than July 15, 2002. Notwithstanding 3 V.S.A. § 840(a), the secretary shall hold at least three public hearings in different areas of the state regarding the proposed rule.

Sec. 44. STORMWATER MANAGEMENT PLAN TASKFORCE

The agency of natural resources shall continue to develop a plan for the improved management of stormwater in Vermont, and to involve the public and interested parties in its development. The agency shall continue to develop rules to implement the plan which was not presented in February 2001 as required. In order to ensure that the concerns of the public and interested parties are considered, the agency shall convene a task force of representatives of municipalities, state agencies, conservation groups, business and industry in the development of the stormwater rules required by 10 V.S.A. § 1264(d), and the chairs of the house and senate committees on institutions and natural resources and energy, or their designees. The task force shall meet at least six times between July 1, 2001 and January 1, 2002. Members of the general assembly shall be entitled to per diem and expenses in the same manner as provided to standing committees pursuant to 2 V.S.A. § 406.

Sec. 45. PHOSPHORUS REDUCTION PLAN FOR LAKE

CHAMPLAIN

The agency of natural resources shall develop a Total Maximum Daily Load (TMDL) plan for phosphorus in Lake Champlain. The TMDL plan shall establish phosphorus loading limits necessary to achieve compliance with the state’s water quality standards. Options for point source discharges may include additional phosphorus treatment and revisions to the existing exemptions in 10 V.S.A. § 1266a. The agency shall report on its progress to

the house and senate committees on institutions by January 15, 2002, which shall share jurisdiction of this issue with the house and senate committees on natural resources and energy.

Sec. 46. DISCHARGES OF PHOSPHORUS BY CABOT WASTEWATER TREATMENT PLANT

(a) The Town of Cabot is hereby designated as one of the two pilot projects authorized by Sec. 5 of No. 51 of the Acts of 1997.

(b) The Town of Cabot shall not be required to install and operate phosphorus control equipment at its wastewater treatment plant until July 1, 2003 in order to provide it time, if it so chooses, to adopt and implement a nonpoint phosphorus reduction plan in accordance with Sec. 5 of No. 51 of the Acts of 1997. If Cabot chooses to adopt and implement a plan by July 1, 2003, then the town shall not be required to install and operate phosphorus control equipment in its wastewater treatment plant.

Sec. 47. 10 V.S.A. § 1266a is amended to read:

§ 1266a. DISCHARGES OF PHOSPHORUS

No person directly discharging into the drainage basins of Lake Champlain or Lake Memphremagog shall discharge any waste which contains a phosphorus concentration in excess of 0.80 milligrams per liter on a monthly average basis. The secretary of natural resources shall establish a schedule for municipalities that requires compliance with this section at a rate that corresponds to the rate at which funds are provided under *[10 V.S.A. §]* subsection 1625(e) of this title. To the extent that funds are not provided to municipalities eligible under that *[section]* subsection, municipal compliance with this section shall not be required. Discharges of less than 200,000 gallons per day, permitted on or before July 1, 1991, shall not be subject to the requirements of this section. Discharges from a municipally owned aerated lagoon type secondary sewage treatment plant permitted on or before July 1, 1991 shall not be subject to the requirements of this section unless the plant is modified to use a technology other than aerated lagoons.

Sec. 47a. SHOREHAM NONPOINT SOURCE PHOSPHORUS CONTROL PLAN

(a) The general assembly finds the following:

(1) Phosphorus entering Lake Champlain must be reduced;

(2) The state’s primary strategy for phosphorus reduction has been through imposition of technological controls on municipal and industrial wastewater discharges;

(3) In order to achieve further reductions in phosphorus to Lake Champlain in a cost-effective manner, reductions in nonpoint sources of phosphorus must be explored;

(4) Section 5 of No. 51 of the Acts of 1997 authorizes the agency of natural resources to conduct two pilot programs to investigate the use of nonpoint phosphorus reduction methods as an alternative to requiring expensive phosphorus controls for municipal wastewater treatment facilities of less than 50,000 gallons per day;

(5) The Town of Shoreham elected to participate in the pilot program, and adopted or dated its "Guidelines for Nonpoint Source Phosphorus Reduction" Plan on June 6, 2000; and

(6) The agency of natural resources issued an amendment to the wastewater discharge permit for the Shoreham wastewater treatment facility on November 9, 2000, and accepted Shoreham’s participation in the pilot program and its plan adopted or dated June 6, 2000, as authorized by Sec. 5 of No. 51 of the Acts of 1997.

(b) Based on the findings in subsection (a) of this section, the general assembly concludes that the Town of Shoreham’s "Guidelines for Nonpoint Source Phosphorus Reduction" Plan adopted or dated June 6, 2000 successfully satisfies all legal requirements for participation in the pilot program under Sec. 5 of No. 51 of the Acts of 1997 and the requirements of section 1266a of Title 10.

Sec. 48. LEGAL REPRESENTATION OF PILOT PROJECT TOWNS

RELATIVE TO PHOSPHORUS REDUCTION PLANS

AUTHORIZED PURSUANT TO SEC. 5 OF NO. 51 OF THE ACTS

OF 1997

Notwithstanding any provisions of law to the contrary, the Vermont attorney general, or conflict legal counsel, at the state’s expense, shall enter an appearance and represent the towns of Shoreham and Cabot in any civil or administrative action which challenges whether the towns’ "Guidelines for Nonpoint Source Phosphorus Reduction" Plans successfully satisfy all legal requirements for participation in the pilot program authorized under Sec. 5 of No. 51 of the Acts of 1997 and the requirements of section 1266a of Title 10 and any other related provision of state or federal law.

Sec. 49. MAYO FARM, STOWE; SOLID WASTE IMPLEMENTATION GRANT #IIVSTOW91A

Notwithstanding the payback provision in paragraph II(K) of Solid Waste Implementation Grant #IIVSTOW91A, if the Town of Stowe upgrades its sewage treatment plant to produce Class A biosolids, and no longer produces Class B biosolids or landspreads sludge on the Mayo Farm, then the town shall not be required to reimburse the department of environmental conservation.

Sec. 50. ZEBRA MUSSEL CONTROL

Notwithstanding the provisions of 10 V.S.A. § 1624(a)(4), the agency of natural resources may award a grant for the construction of zebra mussel control facilities to those not-previously-funded municipalities identified in 1994 for such assistance, which include the Town of Swanton. Grant amounts for such municipalities shall be calculated at the same percentage for which the municipality would have qualified in 1994 for such purposes. In awarding the grants, the agency may use funds available from planning advance returns or construction project closeouts.

Sec. 51. 10 V.S.A. § 1263a is amended to read:

§ 1263a. AQUATIC NUISANCE CONTROL PERMITS

* * *

(f) A *[municipality or mosquito control district applying to use Bacillus thuringiensis israelensis or similar microbial pesticide, or a]* landowner applying to use a pesticide on a pond located entirely on the landowner’s property is exempt from the requirement of subdivision (e)(4) of this section.

* * *

(j) An aquatic nuisance control permit issued under this section shall:

* * *

(4) be valid for the period of time specified in the permit, not to exceed five years for chemical control, and not to exceed ten years for nonchemical control.

* * *

(m) No permit shall be required under this section for mosquito control activities that are regulated by the department of agriculture, food and markets, provided that:

(1) Prior to authorizing the use of larvicides or pupacides in waters of the state, the commissioner of the department of agriculture, food and markets shall designate acceptable control products and methods for their use, and issue permits pursuant to 6 V.S.A. § 1083(5); and

(2) On an annual basis, the commissioner of agriculture, food and markets shall notify the secretary of the location of all authorized mosquito control applications to the waters of the state that took place during the reporting year, and the type and quantity of larvicide and pupacide used at each location.

(n) The secretary may issue general permits for the use of nonchemical aquatic nuisance control activities, provided that the secretary makes the findings required in subsection (g) of this section. A general permit issued under this subsection is not required to specify the exact location or the frequency of the permitted activity.

Sec. 52. 6 V.S.A. § 1083 is amended to read:

§ 1083. DUTIES OF COMMISSIONER OF AGRICULTURE, FOOD AND MARKETS; AUTHORITY OF LANDOWNER TO USE MOSQUITO CONTROLS

(a) The commissioner of agriculture, food and markets shall personally or through his or her duly authorized agents:

* * *

(3) Investigate the mosquito or other biting arthropod life history and habits and determine the species present within the areas, and make any other studies he or she deems necessary to provide useful information in mosquito or other biting arthropod abatement; *[and

]*

(4) Make the results of his or her surveys, investigations and studies available to the state board of health, selectmen or mayors of towns or cities, as the case may be, in which work was done; also upon request, to any organizations, public or private, or individuals interested in mosquito or other biting arthropod control work;

(5) Issue or deny permits to any person for the use of larvicides or pupacides for mosquito control in the waters of the state pursuant to procedures adopted under chapter 25 of Title 3. Such procedures shall include provisions regarding an opportunity for public review and comment on permit applications. Persons applying for a permit shall apply on a form provided by the department. The commissioner shall seek the advice of the Vermont pesticide advisory council when designating acceptable control products and methods for their use, and when adopting or amending procedures for implementing this subsection. Before issuing a permit under this subsection, the commissioner shall find, after consultation with the secretary of the agency of natural resources, that there is acceptable risk to the nontarget environment and that there is negligible risk to public health.

(6) Notwithstanding the provisions of subdivision (5) of this section, when the commissioner of health has determined that available information suggests that an imminent risk to public health exists as a result of a potential outbreak of West Nile Virus or other serious illness for which mosquitoes are vectors, the commissioner of agriculture, food and markets may issue permits for the use of larvicides or pupacides for mosquito control without prior public notice or comment.

(b) Notwithstanding any provisions of law to the contrary, a landowner may use biological larvicides or pupacides on his or her own land for mosquito control without obtaining a permit, provided that the biological larvicide or pupacide is designated as an acceptable control product for this purpose by the commissioner.

Sec. 53. 3 V.S.A. § 2807 is added to read:

§ 2807. LANDS AND FACILITIES TRUST FUND

(a) Legislative purpose. The general assembly finds and determines:

(1) The public lands, facilities, and recreational assets of Vermont represent both a priceless inheritance from the past and an enduring legacy for future generations.

(2) The lands, facilities, and recreational assets owned or managed by the department of forests, parks and recreation are held as public assets for the citizens of Vermont, and require proper management to ensure that these natural resources and facilities remain viable and available for this and all future generations.

(b) Definitions. As used in this section:

(1) "Commissioner" means the commissioner of the department of forests, parks and recreation, or the commissioner’s designee.

(2) "Eligible activity" means any activity undertaken, initiated, or supported by the department of forests, parks and recreation that provides for the management of state lands, facilities, and recreational assets. "Eligible activity" includes: repair and maintenance of state parks; contract surveys and mapping; maintenance of state lands, including boundaries, roads, trails, and facilities; contract inventories of state land natural resources; repair of state-owned dams; repair, replacement, and maintenance of conservation camps; and timber management in accordance with U.S.D.A. silvicultural guidelines. "Eligible activity" does not include the acquisition of land.

(3) "Fund" means the lands and facilities trust fund.

(c) Creation and use of fund.

(1) There is established in the state treasury an income-producing fund to be known as the lands and facilities trust fund, to be managed by the state treasurer, and from which expenditures shall be made by the commissioner in accordance with appropriations by the general assembly for the benefit of lands, facilities, and recreational assets owned or managed by the agency. Payments from the fund may be made to meet costs for eligible activities which are not covered in operating budgets for management of agency lands, facilities, and recreational assets.

(2) The fund shall be administered as part of the trust investment account established in 32 V.S.A. § 434. After the first three years of the fund’s existence, on July 1 of each year, the treasurer shall distribute from the fund five percent of the moving average of the market value of the fund over the prior 12 quarters with the approval of the house and senate. Notwithstanding the foregoing, during the first three years of the fund’s existence, expenditures for immediate needs, not to exceed five percent of the principal, may be authorized by the commissioner, provided that such expenditures are consistent with the priorities established by the commissioner, pursuant to this section, and shall be subject to the approval of the general assembly.

(3) Annual expenditures from the fund shall be limited to projects approved by the commissioner, and shall be in accordance with appropriations of the general assembly. Project priorities shall be determined in accordance with criteria established by the commissioner, and shall include consideration of at least the following: cost; availability of funds; condition of the resource, facility, or infrastructure; level of use; level of public need; the stated intent of the donor, when donated property is involved; and the ability to protect or enhance a public investment or public resource.

(4) There shall be deposited in the fund monies received by the agency which are related to management of agency lands, facilities, and recreational assets, and which are received from a variety of public and private sources pertinent to the purposes of the fund, including: donations; grants; special use permits; federal funds specifically designated for uses compatible with the intent of the fund; timber sale receipts received after June 30, 2001 from state forest land and all agency lands otherwise not restricted; and such sums as may be appropriated to the fund by the general assembly. The agency may solicit and accept aid or contributions consistent with the stated intent of the donor and deposited with the state treasurer. Income earned by the fund shall be deposited into the fund, and all balances in the fund at the end of any fiscal year shall be carried forward and remain part of the fund.

(d) Report. Every year, by January 15, the commissioner shall report to the house and senate committees on natural resources and energy on the sources of the fund, and on fund balances and expenditures from the fund.

Sec. 54. 32 V.S.A. § 586 is amended to read:

§ 586. APPLICATION

The provisions of this subchapter shall not apply to funds established to account for proceeds from the sale of bonds, to the general fund, the transportation fund, the fish and wildlife fund, the tobacco litigation settlement fund, or to any federal revenue funds, trust funds, enterprise funds, internal service funds, or agency funds, or to public service enterprise funds established to implement provisions of sections 211 and 212a through 212f of Title 30; the budget stabilization reserves created by sections 308 and 308a of this title; the low-level radioactive waste fund created by section 7013 of Title 10; the Vermont campaign fund created by section 2856 of Title 17; the lands and facilities trust fund created by section 2807 of Title 3; or the education fund created by section 4025 of Title 16.

* * * Other Amendments * * *

Sec. 55. MICROWAVE REFLECTOR SITE; ROYALTON

The commissioner of buildings and general services is authorized to purchase or lease property located in the Town of Royalton, consisting of approximately 625 square feet on Back River Road, for the sum of approximately $3,000. The property will be purchased or leased on behalf of the department of public safety at its expense. The purchase or lease of the property is necessary to ensure the continued placement of the passive microwave reflector on this site. The reflector is vital to the radio communications network of the department of public safety, and alternative suitable locations in the area are not readily available.

Sec. 56. [DELETED]

Sec. 57. WEST MOUNTAIN WILDLIFE MANAGEMENT AREA LEASEHOLDS; STUDY COMMITTEE

(a) Introduction.

(1) The state of Vermont, agency of natural resources, is the owner in fee of approximately 22,000 acres of land in Brunswick, Ferdinand, and Maidstone, known as the West Mountain Wildlife Management Area ("West Mountain WMA").

(2) One purpose of the state’s acquisition of the West Mountain WMA was to ensure that the land is conserved for perpetual public access and traditional recreational uses.

(3) For many decades prior to the state’s acquisition of the West Mountain WMA, Vermont residents leased land from Champion International Corporation and its predecessors in title on which they established recreational camps. The camps on the leased land are owned by the lessees.

(4) In Sec. 87a of No. 1 of the Acts of 1999 ("the 1999 Budget Adjustment Act"), the general assembly provided that camp leases were to be renewed for the life of the leaseholder or, in the event of the leaseholder’s death, by immediate family members for not more than 20 years.

(5) On August 6, 1999, the agency of natural resources granted to the Vermont Land Trust, Inc. and the Vermont housing and conservation board the development rights, perpetual easement restrictions, a public access easement, and the right of entry in the West Mountain WMA lands ("conservation easement").

(6) By deed dated August 6, 1999, the Vermont Land Trust, Inc. quitclaimed all rights in and title to the conservation easement to the Nature Conservancy.

(7) Paragraph III(12) of the conservation easement reserves to the agency of natural resources the "exclusive right to occupy, lease, use, repair, maintain, improve, demolish, replace, abandon or vacate the existing seasonal camps and associated small outbuildings on the [West Mountain WMA lands], provided that the [agency] shall not extend the term of leases for seasonal camps beyond the time specified in the 1999 Budget Adjustment Act, except in accordance with a use permitted under paragraph III(14). . . ."

(8) Paragraph III(14) of the conservation easement reserves to the agency of natural resources, "[a]fter consultation with the [Vermont housing and conservation board and the Nature Conservancy], at the expiration or termination of leases for seasonal camps, the right to non-commercial use of some seasonal camps for public recreational, educational, management or research purposes, provided that the continued presence of the structure and proposed non-commercial use is consistent with the Purposes of this Grant and permitted by the Management Plans."

(9) By memorandum of agreement dated October 18, 2000, the Nature Conservancy and the agency of natural resources, department of fish and wildlife, acknowledged that the conservation easement does not address sale of the camps to nonleaseholders, and stated their desire "to provide a fair and equitable opportunity to camp owners who wish to sell their camps". The memorandum of agreement states that the department of fish and wildlife will notify camp owners that it will purchase the camps at fair market value from leaseholders who wish to sell the structures, will actively seek funding to reimburse the Nature Conservancy for providing the necessary funds for the department to purchase the camps, and will consult with the Nature Conservancy regarding "whether the acquired camps should be made available to the public as a recreation and cultural experience through the use of a lottery or other agreed upon mechanism".

(10) There are currently approximately 75 camps in the West Mountain WMA.

(11) Generations of Vermonters have taken part in the camp culture in the West Mountain WMA where they have hunted, fished, and used snowmobiles.

(12) Continuation of the leased-camp culture and the traditions of hunting, fishing, and snowmobile use are critically important to the identity of Essex County and the state’s sporting community.

(13) Although paragraph III(12) of the conservation easement precludes alteration of the leases as established in the 1999 Budget Adjustment Act, paragraph III(14) of the conservation easement recognizes the critical importance of the camp culture. Camp owners point to the spirit of paragraph III(14) and the purposes underlying both the grant of the conservation easement and the state acquisition of the West Mountain WMA as supporting all amendments to legal documents that are necessary to effect the alternatives outlined in subsection (b) of this section.

(b) Study committee. There is established a study committee to consider and recommend actions, if any, to help resolve issues surrounding leases held by camp owners in the West Mountain WMA. The committee shall consider whether the camp culture and the stewardship service it provides to the state may be best preserved by permitting the current leaseholders to purchase the land beneath their camps; permitting leaseholders to transfer their leasehold interest to immediate family members in perpetuity; or permitting the current leaseholders to sell their camps and transfer perpetual leasehold interests to persons other than immediate family members, granting the agency of natural resources the right of first refusal. The committee is authorized to meet for no more than four meetings. The committee shall be composed of the commissioner of the department of forests, parks and recreation, the executive director of the Vermont housing and conservation board, the executive director of the Vermont chapter of the Nature Conservancy, the executive director of the Vermont Natural Resources Council, the chair of the Champion Land Transaction Citizen Advisory Council, the president of the Vermont Federation of Sportsmen’s Clubs, and the president of the Champion Lands Leaseholders & Traditional Interests Association, Inc., or their designees. The committee shall report to the house committees on institutions and natural resources and energy on or before January 15, 2002 regarding its resolution of and any recommendations concerning the issues within its purpose. Legislative council shall provide administrative support to the committee. 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. 58. [DELETED]

Sec. 59. OFFICIAL VERMONT HIGHWAY MAP

The secretary of commerce and community development, when preparing the next official Vermont highway map, shall include the following designation on the map:

(1) Vermont Route 36 shall be designated as the Chester A. Arthur Memorial Highway.

Sec. 60. 16 V.S.A. § 3448 is amended to read:

§ 3448. APPROVAL AND FUNDING OF SCHOOL CONSTRUCTION PROJECTS; RENEWABLE ENERGY

(a) Construction aid.

* * *

(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:

* * *

(iii) excessive energy use resulting from the design of a building or reliance on fossil fuels or electric space heat; or

* * *

(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.

* * *

(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.

* * *

(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. USE OF EMINENT DOMAIN TO ACQUIRE PROPERTY IN THE TOWN OF IRASBURG; AUTHORIZATION

(a) Purpose. The general assembly finds, determines, and declares that it is necessary and desirable to acquire the real property described in subsection (b) of this section for the use and benefit of the citizens of the state of Vermont, and for the promotion of the general welfare.

(b) Definition. The real property that is the subject of this section, and which shall be referred to in this section as the "Irasburg property," is identified as all and the same land and premises conveyed to Harold N. Rock Sr. and Elaine A. Rock, husband and wife, by warranty deed of Marcel J. Roberts, dated April 3, 1990 and filed in the town of Irasburg land records at book 34, pages 407-408, subject to all liens of record.

(c) Acquisition of property.

(1) The department of buildings and general services, pursuant to the declaration of purpose contained in subsection (a) of this section, may acquire all or part of the Irasburg property, with buildings thereon, as described in subsection (b) of this section, by exercise of the power of eminent domain, which is hereby conferred.

(2) If the department of buildings and general services elects to acquire all or part of the Irasburg property, then the attorney general, on behalf of the department of buildings and general services, shall petition the Orleans superior court to issue its order of condemnation, vesting title to the Irasburg 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 Orleans 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 Irasburg 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 Irasburg 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 Irasburg property shall vest in the state. A copy of the court’s order shall be filed for record with the clerk of the town of Irasburg and with the secretary of state.

(d) Purchase. The state may purchase the Irasburg property directly from the owners if purchase 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) 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. 62. CAPITOL COMPLEX COMMISSION STUDY OF VIEWSHEDS

The capitol complex commission shall study the need to establish viewsheds or a transition zone for the capitol complex district in order to maintain the public’s ability to see the district, and the state capitol in particular, from surrounding areas, and to better enhance the aesthetics and cohesiveness of the capitol complex district. Legislative council shall provide administrative support to the committee. The commission shall complete its study and present its written recommendation, together with proposed legislation, to the senate and house committees on institutions on or before January 15, 2002.

Sec. 63. CITY OF NEWPORT; 1993 WATERFRONT APPROPRIATION

Notwithstanding Sec. 16d(b) of No. 59 of the Acts of 1993, the principal due on the loan authorized in Sec. 16d(b) to the city of Newport to assist with a project of waterfront revitalization on Lake Memphramagog shall be $190,000, and repayment of the loan shall be due on July 1, 2008; provided, however, if the clerk of the city of Newport fails to certify to the secretary of administration, or designee, on or before July 1, 2003, that it has appropriated and spent at least $155,000 to complete construction and fit-up of the city-owned Gateway Building, then this section of this act is repealed, and Sec. 16d(b) shall be reenacted as originally enacted.

Sec. 64. PUBLIC SAFETY; VERMONT STATE POLICE; WINDHAM COUNTY

(a) The commissioner of buildings and general services is directed to study the feasibility of using land excess to the needs of the agency of transportation in Putney for use by the department of public safety for the purpose of relocating the Brattleboro sub-troop barracks. The commissioner is directed to report his or her findings to the house and senate committees on institutions by January 15, 2002.

(b) Any appropriation for the digital replacement of the existing analog microwave system serving state and local government contained in this act or in H.485 of the 2001 Session shall not be spent until the commissioner of public safety certifies in writing to the house and senate committees on institutions that the statewide system:

(1) is designed and constructed to utilize, to the extent financially and physically feasible, based on a lifetime cost-benefit analysis, the fiber-optic data transmission infrastructure owned by one or more private companies;

(2) includes as part of the construction project colocation on existing towers and construction of new towers as necessary; and

(3) that the final design and construction project includes a microwave link for the segment from and to the Derby station.

Sec. 65. SECURITY SERVICES

The following positions are authorized to replace ongoing contractual services in the department of buildings and general services:

(1) The establishment of six (6) new permanent classified positions – security officer – is authorized in fiscal year 2002.

(2) The establishment of one (1) new permanent classified position – security supervisor – is authorized in fiscal year 2002.

(3) The establishment of two (2) new temporary positions – temporary security officer – is authorized in fiscal year 2002 to assist the permanent security officers during the legislative session.

Sec. 66. [DELETED]

Sec. 67. 32 V.S.A. § 711 is added to read:

§ 711. APPROVAL OF DEBT

If a person as defined in section 128 of Title 1 pays a majority of its operating expenses, as determined in accordance with generally accepted accounting principles, in any fiscal year with amounts appropriated by the state, either directly or indirectly as a pass-through from a state agency or department, and the person intends to incur any debt, including but not limited to debt incurred through the issuance of bonds, notes, bank loans, mortgages, lease-purchase contracts, and capital leases, then the person shall notify and obtain the approval of the state treasurer and the governor prior to incurring the debt.

Sec. 68. NORTH COUNTRY CAREER AND TECHNICAL CENTER FACILITY DESIGN

The commissioner of buildings and general services shall plan and design a workforce development center to serve portions of Orleans and northern Essex counties as a stand-alone facility. The commissioner may confer with the following individuals or their designees:

(1) the chair and vice-chair of the North Country Career Center governance board;

(2) the director of technology extension at Vermont Technical College in Randolph Center;

(3) the superintendents of the Orleans Central Supervisory Union and the Orleans–Essex North Supervisory Union;

(4) the chair of the human resources investment council;

(5) a representative from the regional workforce investment board, selected by the board;

(6) the director of career and workforce development at the department of education; and

(7) the chair of the North Country High School Board of Directors.

Sec. 69. Sec. 11(c) of No. 148 of the Acts of 2000 is amended to read:

(c) The NCCC governance board shall conduct its planning functions, and any governance functions it has been delegated, in accordance with the terms of this section, the waiver granted to it by the commissioner of education pursuant to Sec. 18 of Act No. 138 of the Acts of 1997 (Adjourned Session), and the memorandum of agreement executed with the North Country Union High School Board. In addition to any powers authorized under this subsection, the North Country Union High School Board is authorized to, and shall from funds appropriated to the departments of buildings and general services or education for this project in this or any other capital construction act, purchase real property for the purpose of siting an off-site workforce development center facility; provided, however, that the purchase price and the property to be purchased shall first be approved by the commissioner of buildings and general services.

Sec. 70. JOHN HANCOCK EASEMENT LANDS; ACCESS TO STATE LANDS; STUDY

The departments of fish and wildlife and forests, parks and recreation shall jointly study any complaints from the Vermont Fish and Wildlife Group, the Derby Fish and Game Club, and the Champion Land Transaction Citizen Advisory Council, relative to private and municipal actions as well as existing policies regarding public access to the John Hancock Easement Lands in the Town of Norton and surrounding areas, and shall consider whether such actions or policies should be changed to permit increased pedestrian, or vehicular, access by the public. The department shall report its conclusions and recommendations to the house and senate committees on institutions on or before January 15, 2002.

Sec. 71. 10 V.S.A. § 5227 is amended to read:

§ 5227. SPORT SHOOTING RANGES; *[NUISANCE SUITS]* MUNICIPAL

AND STATE AUTHORITY

(a) "Sport shooting range" or "range" means an area designed and operated for the use of archery, rifles, shotguns, pistols, skeet, trap, black powder, or any other similar sport shooting.

(b) The owner or operator of a sport shooting range, and a person lawfully using the range, who is in substantial compliance with any noise use condition of any issued municipal or state land use permit otherwise required by law shall not be subject to any civil liability for damages or any injunctive relief resulting from noise or noise pollution *[under a common law theory of nuisance, provided that the range is in existence on or before July 1, 1991 and has not expanded subsequent to that date. As used in this section, a shooting range shall be considered to have expanded if it increases in size, changes its activities or operation so as to substantially increase the level of noise, or substantially increases its hours of operation. A change which is intended solely to improve safety or solely to decrease noise shall not be considered an expansion]*, notwithstanding any provision of law to the contrary.

(c) If no municipal or state land use permit is otherwise required by law, then the owner or operator of the range and any person lawfully using the range shall not be subject to any civil liability for damages or any injunctive

relief relating to noise or noise pollution.

(d) Nothing in this section shall prohibit or limit the authority of a municipality or the state to enforce any condition of a lawfully issued and otherwise required permit.

Sec. 72. [DELETED]

Sec. 73. [DELETED]

Sec. 74. 33 V.S.A. § 3502 is amended to read:

§ 3502. DAY CARE FACILITIES; SCHOOLAGE CARE IN PUBLIC SCHOOLS; 21ST CENTURY FUND

* * *

(g) In order to facilitate school districts and supervisory unions to apply for and receive federal funds provided by the United States 21st Century Fund, on or before September 1, 2001, the department of social and rehabilitation services and the agency of human services for programs that are in and operated by public schools and provide schoolage care before and after school hours shall:

(1) Accept existing permits and certificates obtained and plans developed by the school as satisfying licensing requirements without further application or review, including permits, certificates, and plans relating to water and wastewater disposal permit, asbestos abatement, insurance, and occupancy.

(2) Waive compliance with No. 165 of the Acts of 1996 or No. 37 of the Acts of 1997 relating to the abatement of lead paint hazards if the program serves no children who are less than five years old.

(3) Require screening of all program staff members against the child abuse registry, and require a criminal records check of any program staff member who is not currently a school employee or an employee of a school contractor already subject to a criminal record check as part of the hiring process.

(h) Notwithstanding any provision of law to the contrary, the department of social and rehabilitation services and the agency of human services may provide technical assistance to schools in voluntarily meeting schoolage child care standards.

(i) The departments of education and of social and rehabilitation services shall review child care licensing rules to determine whether all schools should be required to comply with rules regarding playground safety, and whether the department of social and rehabilitation services should make recommendations to all school districts to improve playground safety, and shall report their findings and recommendations to the state board of education and to the house and senate committees on education on or before January 15, 2002.

Sec. 75. 16 V.S.A. § 1222(a) is amended to read:

(a) Each legal pupil, as defined in section 1073 of this title, entitled or required to attend an elementary school, or a secondary school may be furnished with total or partial transportation to school, or board, as in the opinion of the board of school directors is reasonable and necessary to enable him to attend school. Each board shall adopt a transportation policy for pupils required to attend school in accordance with the procedure specified in section 563(1) of this title. This policy must take into consideration the transportation needs of pupils supported by, but not limited to, such factors as age and health of pupils, distance to be travelled, condition of the road and type of highway. The policy shall be adopted by the board prior to September 1, 1971 and filed in the office of the *[town clerk]* principal of each school in the district. Any subsequent amendments in policy shall also be filed in the *[clerk’s]* principal’s office. Such compensation may be paid to parents or guardians, and shall be payable only in return for actual transportation or board as shall be stipulated by the school directors.

Sec. 76. 16 V.S.A. § 1324(b) is amended to read:

(b) The superintendent shall verify that the register is accurate. The register shall include the name of the registrar for each school, the name of the teacher or teachers of the school during the year for which the register was kept and the date and character of the certificate held by the teacher or teachers. *[On or before August 15, the superintendent shall file each completed register in the office of the town clerk of the town in which such school is maintained.]*

Sec. 77. ACTION REGARDING STATE LAND

(a) Pursuant to 10 V.S.A. § 2602(b), the commissioner of forests, parks and recreation is authorized to exchange or lease certain state lands, as follows:

(1) To convey to the owners of camp lots accessed by the Wilson Road, which passes through Bomoseen State Park in Castleton, in common with each other and with the state of Vermont, a right-of-way, 50 feet in width. The deeds of conveyance shall be issued to those owners willing to exchange their existing rights-of-way across state land, and contingent upon the relocation of certain portions of the Wilson Road to a location or locations acceptable to the state of Vermont and constructed in conformity with standards and requirements established by the department of forests, parks and recreation. The deeds of conveyance shall provide that the cost of construction and maintaining the access road shall be borne exclusively by the owners of the camp lots, that no additional consideration shall be required beyond the exchange of the deeds of conveyance, and that the right-of-way conveyed shall be used exclusively to provide residential or noncommercial recreational access to the present camp lots directly abutting the lands of the state of Vermont.

(2) If approved by the Maidstone selectboard, to convey an easement for a town highway and public right-of-way to the town of Maidstone, including the right to construct, maintain, use, and rebuild a road for public use over the so-called Maidstone Lake Access Road in the towns of Brunswick and Maidstone. The easement is generally described as being four rods (66 feet) wide and approximately 5.93 miles in length, beginning at the junction of the Maidstone Lake Road and Vermont Route 102 and ending at the Maidstone Lake campground area. In accepting this conveyance, the town of Maidstone shall be entitled to receive any state aid attributable to both the Maidstone and Brunswick portions of the road.

(3) To enter into an exchange of land and interests in land with James Lathrop where the state shall convey a portion of the Phen Basin Block of Camel’s Hump State Park in Fayston in exchange for a portion of adjacent property owned by James Lathrop, along with public access rights on the balance of this property. The appraised value of land and interests in land conveyed to the state by James Lathrop shall be equal to or greater than the appraised value of land and interests in land conveyed by the state to James Lathrop. The commissioner is also authorized to convey an amended easement on the Phen Basin Block property to coholders the Vermont Land Trust and the Vermont housing and conservation board which reflects the revised boundary of the Phen Basin Block of Camel’s Hump State Park resulting from this exchange.

(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. 78. [DELETED]

* * * Corrections * * *

Sec. 79. 28 V.S.A. § 802a is amended to read:

§ 802a. TELEPHONE USE; DEBIT AND COLLECT CALL SYSTEMS

(a) Upon admittance to a correctional facility, the inmate shall within 24 hours be allowed access to a telephone for outgoing telephone calls at the expense of the inmate.

(b) An inmate shall be allowed easy access in placing collect telephone calls upon admission to a correctional facility under reasonable conditions determined by the commissioner, unless the inmate has been prohibited under provisions of section 853 of this title regarding punishment for a breach of the rules and regulations of the correctional facility in which an inmate is confined. *[The commissioner shall provide inmates with local and long distance telephone access at rates set by the commissioner of the department of public service and such rates shall be reasonable and shall take into consideration the actual rate charged by telephone service providers.]*

(c) When an inmate requests and receives a list of parties approved to receive telephone calls, the inmate shall be provided the option of using a debit or collect call system to place such calls. Under the debit system, the inmate shall pay for telephone service at the time of use, and the cost of such service will be automatically deducted from an account maintained by the inmate for that purpose.

(d) Any contract to provide telephone services to inmates in state correctional facilities shall be negotiated and awarded in a manner that provides for the lowest reasonable cost to inmates, to their families, and to others communicating with inmates.

Sec. 80. 28 V.S.A. § 816 is amended to read:

§ 816. INMATE RECREATION FUND

(a) The department shall accept monies generated by commissions on telephone services, commissary sales and sales of vended items at its correctional facilities and shall establish with such monies an inmate recreation special fund. The fund may be used, at the discretion of the commissioner, to hire persons or purchase services, equipment and goods to establish or enhance recreation activities for inmates confined in any of the department’s facilities, and for voluntary inmate contributions that promote the restoration of crime victims or communities.

(b) In fiscal year 2003, the department shall, by contract with its vendors, reduce by five percent that portion of telephone service rates for inmates in fiscal year 2002 that is attributable to commissions. In fiscal year 2004, the department shall reduce by 10 percent that portion of telephone service rates for inmates in fiscal year 2003 that is attributable to commissions. In fiscal year 2005, the department shall reduce by 10 percent that portion of telephone service rates for inmates in fiscal year 2004 that is attributable to commissions. In fiscal year 2006, the department shall eliminate that portion of telephone service rates for inmates in fiscal year 2005 that is attributable to commissions.

Sec. 81. 28 V.S.A. § 816 is amended to read:

§ 816. INMATE RECREATION FUND

*[

(a)]* The department shall accept monies generated by commissions on *[telephone services,]* commissary sales and sales of vended items at its correctional facilities and shall establish with such monies an inmate recreation special fund. The fund may be used, at the discretion of the commissioner, to hire persons or purchase services, equipment and goods to establish or enhance recreation activities for inmates confined in any of the department’s facilities, and for voluntary inmate contributions that promote the restoration of crime victims or communities.

*[

(b) In fiscal year 2003, the department shall by contract with its vendors reduce by five percent that portion of telephone service rates for inmates in fiscal year 2002 that is attributable to commissions. In fiscal year 2004, the department shall reduce by 10 percent that portion of telephone service rates for inmates in fiscal year 2003 that is attributable to commissions. In fiscal year 2005, the department shall reduce by 10 percent that portion of telephone service rates for inmates in fiscal year 2004 that is attributable to commissions. In fiscal year 2006, the department shall eliminate that portion of telephone service rates for inmates in fiscal year 2005 that is attributable to commissions.

]*

Sec. 82. 28 V.S.A. § 701a is amended to read:

§ 701a. SOLITARY CONFINEMENT; INMATES WITH MENTAL HEALTH DISORDER

(a) The commissioner shall promulgate rules pursuant to chapter 25 of Title 3 regarding the classification, treatment and maximum length of stay in solitary confinement of an inmate with a serious mental illness as defined in *[section]* subdivision 906(1) of this title. *[This provision neither expands nor contracts the duty of the commissioner to adopt rules pursuant to chapter 25 of Title 3.]*

(b) On or before October 1, 2001, the agency of human services, department of corrections, shall enact an emergency rule implementing the directive of this section. The emergency rule shall specifically address the obligations and responsibilities of the department of corrections relative to the solitary confinement of a male or female inmate with a serious mental illness as defined in section 906 of this title.

Sec. 83. VOCATIONAL TRAINING AND DISTANCE LEARNING FOR

VERMONT INMATES; COMMITTEE

(a) There is established a committee for the following purposes:

(1) To study, identify, and implement changes in the criminal justice system that hinder successful reentry of exoffenders into the workforce as productive citizens, including the implementation of academic and vocational training, learning, and job placement opportunities, and the feasibility of distance learning education, for male and female inmates who are serving a sentence of incarceration, or who are on probation, parole, or furlough.

(2) To determine if any changes should be made to existing statutes and programs, or if any state action should be taken to access federal funds made available for this purpose.

(3) To assess the feasibility of and develop distance learning technology in Vermont’s correctional facilities.

(b) The committee shall be comprised of the chairs of the house and senate committees on institutions, the commissioners of employment and training, of corrections, of education, and of buildings and general services, the president of Associated General Contractors of Vermont, a representative of the Vermont Institute of Science, Math and Technology (VISMT), the executive director of Northern New England Trades Women, the director of career and workforce development of the department of education, the chair of the Vermont Offender Work Programs Board, a representative of the Lake Champlain Workforce Investment Board, a representative of the Lake Champlain Regional Chamber of Commerce, the executive director of the Human Resources Investment Council, the executive director of Associated Industries of Vermont, the chancellor of the Vermont state colleges, and the president of the Vermont State Labor Council AFL-CIO, or their designees. An organizational meeting shall be called by the commissioner of employment and training no later than July 1, 2001.

(c) At the first meeting, the committee shall choose a chair from among its membership. The commissioner 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 report to the general assembly.

(d) The committee shall make its recommendations in the form of legislation to the house and senate committees on institutions, on education, on general affairs and housing and on general, housing, and military affairs on or before January 15, 2002.

(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. Members of the general assembly who serve on the committee shall be entitled to per diem and expenses as provided for in 2 V.S.A. § 406.

Sec. 84. SOUTHERN STATE CORRECTIONAL FACILITY; DESIGN

Subject to a policy to be developed by the department of corrections on or before January 15, 2002, the commissioner of buildings and general services shall install appropriate cabling in the Southern State Correctional Facility, and shall otherwise construct the facility to enable the installation and use of:

(1) distance learning technology by inmates; and

(2) videoconferencing technology for noncontact communication between inmates and the department of corrections staff, the Vermont parole board, family and friends within or outside the facility, and the state judiciary.

Sec. 85. 28 V.S.A. § 501 is amended to read:

§ 501. ELIGIBILITY FOR PAROLE CONSIDERATION

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

(1) If the inmate’s sentence has no minimum term or a zero minimum term, the inmate shall be eligible for parole consideration within *[six]* 12 months after commitment to a correctional facility.

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

Sec. 86. 28 V.S.A. § 502 is amended to read:

§ 502. PAROLE INTERVIEWS AND REVIEWS

(a) The board shall interview each inmate eligible for parole consideration under section 501 of this title before ordering the inmate released on parole. The board shall consider all pertinent information regarding an inmate in order to determine the inmate’s eligibility for parole. The board may grant parole only after an inmate is interviewed in accordance with this section. The parole board may conduct the interview in person, by telephone or videoconference, or by any other method it deems appropriate.

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

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

(1) *[The]* If the inmate is serving a maximum sentence of less than 15 years,

(A) the board shall review the inmate’s record once every *[six]* 12 months*[.]*; and

*[

(2) Upon written request of the inmate,]*

(B) the board shall conduct an interview of the inmate at the request of the department; and

(C) upon written request of the inmate, the board shall conduct an interview, but no more than once *[a year]* in any two-year period.

*[

(3)]*(2) If *[an]* the inmate is serving a sentence with a maximum of 15 years up to a maximum of life *[sentence]*,

(A) the board shall review the inmate’s record once *[every year, and]* every two years;

(B) the board shall conduct an interview of the inmate at the request of the department; and

(C) upon written request of the inmate, the board may conduct an interview, but no more than once *[every year]* in any two-year period.

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

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

*[

(f)]*(e) Interviews and reviews shall be conducted in accordance with the rules and regulations established by the board, which shall be consistent with this section.

*[

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

Sec. 87. 28 V.S.A. § 505(b) is amended to read:

(b) Officials in charge of correctional facilities shall give to the board, or its properly accredited representatives, access at all reasonable times to any inmate over whom the board has jurisdiction under this chapter and provide the board or its representatives facilities for communicating with and observing the inmate, and furnish to the board such *[reports]* documents as the board may require concerning the conduct and character of any inmate in their custody and any other facts considered by the board pertinent in determining whether the inmate shall be paroled.

Sec. 88. 28 V.S.A. § 808 is amended to read:

§ 808. FURLOUGHS GRANTED TO OFFENDERS AND INMATES; MEDICAL FURLOUGH

(a) The *[commissioner]* department may extend the limits of the place of confinement of an inmate at any correctional facility if *[in the judgment of the commissioner]* the inmate *[will honor his trust, by authorizing the inmate under prescribed conditions to visit a specifically designated place or places for a period not to exceed 15 days and return to the same facility. An extension of limits may be granted]* agrees to comply with such conditions of supervision the department, in its sole discretion, deems appropriate for that inmate’s furlough. The department may authorize furlough for any of the following reasons:

* * *

(6) *[For any other reason consistent with the rehabilitation of the inmate]* To continue the process of reintegration initiated in a correctional facility. The inmate may be placed in a program of conditional reentry status by the department upon the inmate’s completion of the minimum term of sentence. While on conditional reentry status, the inmate shall be required to participate in programs and activities that hold the inmate accountable to victims and the community pursuant to section 2a of this title; or

(7) When recommended by the department and ordered by a court. The inmate may be sentenced to serve a term of imprisonment but placed by a court on furlough to participate in such programs administered by the department in the community that reduce the offender’s risk to reoffend or that provide reparation to the community in the form of supervised work activities.

* * *

(d) When *[a]* any enforcement officer, as defined in section 4 of Title 23, employee of the department, or correctional officer responsible for supervising an offender believes the offender is in violation of any verbal or written condition of the furlough, the officer or employee may immediately lodge the offender at a correctional facility or orally or in writing deputize any law enforcement officer or agency to arrest and lodge the offender at such a facility. The *[correctional]* officer or employee shall subsequently document the reason for taking such action.

Sec. 89. 28 V.S.A. chapter 11, subchapter 1A is added to read:

Subchapter 1A. Offender Reintegration

§ 721. OFFENDER REINTEGRATION; STATE POLICY

The department shall establish an offender reintegration process that requires offenders to be held accountable to their victims and the community. This process shall provide opportunities for victims of crime and other members of the community to participate in reentry programs under section 2a of this title. An offender who participates in the reintegration process provided for in this subchapter may be placed in the community under the department’s supervision for the remainder of the sentence if the department is satisfied that the offender is demonstrating progress in his or her reentry programs and that the offender does not present an unreasonable risk to his or her victims or to the community at large.

§ 722. DEFINITIONS

As used in this subchapter:

(1) "Conditional reentry" means the process by which a sentenced offender is released into a community for supervision while participating in programs that assist the reintegration process. The offender’s ability to remain in the community under supervision is conditioned on the offender’s progress in reentry programs.

(2) "Listed crime" means any offense identified in subdivision 5301(7) of Title 13.

(3) "Total effective sentence" means the sentence imposed under sections 7031 and 7032 of Title 13 as calculated by the department in the offender’s records.

(4) "Unlisted crime" means any offense that is a crime under Vermont law, but is not identified in subdivision 5301(7) of Title 13.

§ 723. CONDITIONAL REENTRY

(a) When a sentenced offender has served the minimum term of the total effective sentence, the department may release the offender from a correctional facility under section 808 of this title for the offender to participate in a reentry program while serving the remaining sentence in the community.

(b) The offender’s continued supervision in the community is conditioned on the offender’s commitment to and satisfactory progress in his or her reentry program and on the offender’s compliance with any terms and conditions identified by the department.

§ 724. TERMS AND CONDITIONS OF CONDITIONAL REENTRY

The department shall identify in the terms and conditions of conditional reentry those programs necessary to reduce the offender’s risk of reoffense and to promote the offender’s accountability for progress in the reintegration process.

§ 725. PAROLE HEARING FOR OFFENDERS ON CONDITIONAL

REENTRY

The department shall submit to the parole board a recommendation relative to whether the offender should be released to parole pursuant to section 502a of this title when:

(1) An offender sentenced solely for the commission of one or more unlisted crimes has, in the sole discretion of the department, successfully completed 90 days of supervision in a conditional reentry program; or

(2) An offender sentenced for the commission of at least one or more listed crimes has, in the sole discretion of the department, successfully completed 180 days of supervision in a conditional reentry program.

§ 726. REDUCTION OF SENTENCE

Each day an offender is supervised in a conditional reentry program shall be counted as one day served for the total effective sentence. The minimum and maximum terms of the offender’s total effective sentence shall not be subject to any reductions for behavior as provided for in section 811 of this title.

Sec. 90. EFFECTIVE DATES

(a) This act shall take effect on passage.

(b) Sec. 32 of this act shall apply retroactively to July 1, 2000.

(c) Sec. 80 shall take effect on July 1, 2002.

(d) Sec. 81 shall take effect on July 1, 2005.

(e) The sums appropriated and spending authority authorized by this act shall be continuing, and shall not revert at the end of the fiscal year.

Approved: June 16, 2001