Journal of the Senate
________________
Saturday, May 3, 2008
The Senate was called to order by the President.
Devotional Exercises
A moment of silence was observed in lieu of devotions.
Message from the House No. 74
A message was received from the House of Representatives by Ms. Wrask, its Second Assistant Clerk, as follows:
Mr. President:
I am directed to inform the Senate the House has considered a bill originating in the Senate of the following title:
S. 210. An act relating to the appointment of a town school district treasurer pending election at a special of annual meeting.
And has passed the same in concurrence.
The House has considered Senate proposal of amendment to House bill of the following title:
H. 669. An act relating to the Vermont historic downtown.
And has concurred therein.
The House has considered the report of the Committee of Conference upon the disagreeing votes of the two Houses on House bill of the following title:
H. 515. An act relating to the collection and disposal of mercury-added thermostats.
And has adopted the same on its part.
The Governor has informed the House of Representatives that on the first day of May, 2008, he approved and signed bills originating in the House of the following titles:
H. 170. An act relating to retirees of the University of Vermont.
H. 862. An act relating to approval of amendments to the charter of the Village of Waterbury.
The House has adopted a Joint Resolution of the following title:
J.R.H. 66. Joint resolution urging Congress to adopt H.R. 5473, “The Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008.”
In the adoption of which the concurrence of the Senate is requested.
The House has considered a joint resolution originating in the Senate of the following title:
J.R.S. 63. Joint resolution requesting the sustainable agricultural council to establish a locally grown collaborative to coordinate future policy pertaining to local food growth initiatives in Vermont.
And has adopted the same in concurrence.
Joint Resolution Adopted in Concurrence
J.R.H. 66.
Joint resolution originating in the House of the following title was read and adopted in concurrence and is as follows:
Joint resolution urging Congress to adopt H.R. 5473, “The Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008”.
Whereas, Vermont is a rural state with minimal public transportation, and farmers are dependent on gasoline for essential motorized operations, and
Whereas, the federal Energy Information Administration (EIA) announced on April 28, 2008 that the nationwide average retail price of regular unleaded gasoline stood at 365.3 cents per gallon, and the comparable New England figure was nearly as high at 364.9 cents per gallon, and this upward spiral represents a per-gallon rise of 30 cents nationally and 40 cents regionally just since the end of March, and
Whereas, the average cost of diesel fuel, combining all subcategories of diesel, has risen approximately 18 cents in just the last four weeks, and
Whereas, the economic impact of the skyrocketing gas prices on the Vermont economy is spreading as families are restricting nonessential but revenue-generating activities and purchases, and
Whereas, after the 1973 oil embargo, Congress established a Strategic Petroleum Reserve (SPR) as a supply source in times of an energy emergency, and
Whereas, the SPR is over 96 percent full with 700.9 million barrels, and, in contrast to practices in prior decades, the Bush administration has continued to purchase oil for the SPR regardless of market conditions, and
Whereas, a 2003 report of the minority staff of the U.S. Senate Committee on Government Affairs Permanent Subcommittee on Investigations concluded that making oil deposits into the SPR drove up crude oil prices through a tightening of the supply and a reduction in the domestic stock, and independent economists have estimated that filling the SPR has resulted in a rise in the price of oil of at least $2.25 per barrel or as much as $0.25 per gallon of gasoline, and
Whereas, in 2000, the Clinton administration’s release of 30 million barrels from the SPR, in anticipation of a threatened home heating fuel crisis, caused the price to drop from $37 to $31 per barrel, and similarly when the U.S. Department of Energy released 11 million gallons from the SPR following Hurricane Katrina, crude prices dropped approximately $5.00 per barrel, and
Whereas, on February 8, 2008, Congressman Peter Welch along with Congressman Ron Kind of Wisconsin and Congressman Rahm Emanuel of Illinois wrote to President Bush requesting that a planned deposit of 12.3 million barrels of oil into the SPR be delayed for six months in order to reduce the price of oil temporarily, and
Whereas, when the Bush administration rejected this request, Congressman Peter Welch introduced H.R. 5473, “The Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008,” which would suspend the delivery of crude oil to the SPR for the balance of 2008, or alternatively until after a 120-day period that would begin if the U.S. secretary of energy notifies Congress that the weighted average price of petroleum in the United States for the most recent 90-day period is $50 or less per barrel and that would conclude 30 days after the secretary’s congressional notification, and
Whereas, although this legislative measure proposes a short-term step to stem skyrocketing energy costs, its adoption could save consumers as much as 24 cents per gallon, and
Whereas, H.R. 5473 now has 63 cosponsors, and U.S. House Speaker Nancy Pelosi has joined the bill’s cosponsors in calling on President Bush to suspend oil shipments to the SPR, and
Whereas, all three major party presidential candidates have expressed at least conceptual support for suspending further oil deposits into the SPR, now therefore be it
Resolved by the Senate and House of Representatives:
That the general assembly urges Congress to adopt H.R. 5473, “The Strategic Petroleum Reserve Fill Suspension and Consumer Protection Act of 2008” as quickly as possible, and be it further
Resolved: That the secretary of state be directed to send a copy of this resolution to U.S. House Speaker Nancy Pelosi, to U.S. Representative John Dingell, chair of the U.S. House Committee on Energy and Commerce, and to the Vermont congressional delegation.
Senate Resolution Adopted
Senate resolution of the following title was offered, read and adopted, and is as follows:
By Senators Shumlin, Ayer, Bartlett, Campbell, Carris, Collins, Condos, Coppenrath, Cummings, Doyle, Flanagan, Giard, Hartwell, Illuzzi, Kitchel, Kittell, Lyons, MacDonald, Maynard, Mazza, McCormack, Miller, Mullin, Nitka, Racine, Scott, Sears, Snelling, Starr and White,
S.R. 31. Senate resolution urging the Governor and the Attorney General to petition the administrator of the United States Environmental Protection Agency to seek a waiver from the food-to-fuel mandates as provided for in the Energy Independence and Security Act of 2007.
Whereas, food prices are rising twice as fast as inflation, causing severe economic harm to consumers, and
Whereas, feed prices are rising dramatically, causing severe economic harm to dairy farmers and other livestock owners, and
Whereas, the prices of basic staples such as milk and eggs have increased dramatically in recent years as the price of animal feed has grown, and
Whereas, federal food-to-fuel mandates included in the Energy Independence and Security Act of 2007 currently divert 25 percent of America’s corn supplies and will soon divert 40 percent to our fuel supplies, and this diversion significantly increases the cost of vegetable oils for food production and feed, and
Whereas, federal food-to-fuel mandates will soon divert 30 percent of America’s vegetable oil supplies to our fuel supplies, significantly increasing the cost of vegetable oils for food production, and
Whereas, federal food-to-fuel mandates are tightening supplies of other crops contributing to higher food prices, and
Whereas, food-to-fuel mandates are creating new environmental challenges, including poor air and water quality and increased greenhouse gas emissions, and
Whereas, the Energy Independence and Security Act provides states with the power to petition the administrator of the United States Environmental Protection Agency to reduce the amount of food being diverted to our fuel supplies, now therefore be it
Resolved by the Senate:
That the Senate of the State of Vermont urges the Governor to utilize the waiver provisions of the Energy Independence and Security Act of 2007 to petition the administrator of the United States Environmental Protection Agency to reduce the amount of food being diverted into America’s fuel supplies, and be it further
Resolved: That the Secretary of the Senate be directed to send a copy of this resolution to the Governor and to the Attorney General.
Senate Resolution Adopted
S.R. 30.
Senate resolution entitled:
Senate resolution encouraging the Business-Education Alliance to continue working for an effective organizational structure for state education governance.
Having been placed on the Calendar for action, was taken up and adopted.
Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Messaged
H. 889.
Pending entry on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on House bill entitled:
An act relating to the state’s transportation program.
Was taken up for immediate consideration.
Senator Mazza, for the Committee of Conference, submitted the following report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled:
H. 889. An act relating to the state’s transportation program.
Respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposal of amendment and that the bill be amended by striking out all after the enacting clause and by inserting in lieu thereof the following:
Sec. 1. TRANSPORTATION PROGRAM; ADVANCEMENTS, CANCELLATIONS, AND DELAYS
(a) The state’s proposed fiscal year 2009 transportation program appended to the agency of transportation’s proposed fiscal year 2009 budget, as amended by this act, is adopted to the extent federal, state, and local funds are available.
(b) As used in this act, unless otherwise indicated, the term “agency” means the agency of transportation, and the term “secretary” means the secretary of transportation. As used in this act, the table heading “As Proposed” means the transportation program referenced in subsection (a) of this section; the table heading “As Amended” means the amendments as made by this act; the table heading “Change” means the difference obtained by subtracting the “As Proposed” figure from the “As Amended” figure; and the term “change” or “changes” in the text refers to the project- and
program-specific amendments, the aggregate sum of which equals the net “Change” in the applicable table heading.
* * * State Bridges * * *
Sec. 2. PROGRAM DEVELOPMENT – STATE BRIDGES
The following modifications are made to the program development – state bridges program:
(1) Funding of the state bridge development and evaluation program is amended to read:
FY09 As Proposed As Amended Change
PE 1,049,648 0 -1,049,648
ROW 256,419 0 -256,419
Construction 0 0 0
Other 0 0 0
Total 1,306,067 0 -1,306,067
Sources of funds
State 263,993 0 -263,993
Federal 1,042,074 0 -1,042,074
Local 0 0 0
Total 1,306,067 0 -1,306,067
(2) Funding is added as follows to advance state bridge projects not scheduled for construction in fiscal year 2009. The authorized funds shall be expended on projects according to their priority ranking. To the extent the agency determines that the funds would be more efficiently spent advancing a lower ranking project due to permitting, right-of-way, or other practical constraints that impede the advancement of a higher ranking project, the agency shall substantiate and report its determination to the joint transportation oversight committee at its July 2008 meeting.
FY09 As Proposed As Amended Change
PE, ROW or other 0 1,306,067 1,306,067
Total 0 1,306,067 1,306,067
Sources of funds
State 0 263,993 263,993
Federal 0 1,042,074 1,042,074
Local 0 0 0
Total 0 1,306,067 1,306,067
* * * Roadway * * *
Sec. 3. PROGRAM DEVELOPMENT – ROADWAY
The following modifications are made to the program development – roadway program:
(1) Authorized spending on the Cabot-Danville FEGC F 028-3(26)C/1 project is amended to read:
FY09 As Proposed As Amended Change
PE 0 0 0
ROW 0 0 0
Construction 3,700,000 1,000,000 -2,700,000
Other 0 0 0
Total 3,700,000 1,000,000 -2,700,000
Sources of funds
State 185,000 50,000 -135,000
Federal 3,515,000 950,000 -2,565,000
Local 0 0 0
Total 3,700,000 1,000,000 -2,700,000
(2) Authorized spending on the Hartford-Newbury I-91 IM 091-2(72) project is amended to read:
FY09 As Proposed As Amended Change
PE 0 0 0
ROW 0 0 0
Construction 4,500,000 0 -4,500,000
Other 0 0 0
Total 4,500,000 0 -4,500,000
Sources of funds
State 900,000 0 -900,000
Federal 3,600,000 0 -3,600,000
Local 0 0 0
Total 4,500,000 0 -4,500,000
(3) Authorized spending on the Derby GSA border crossing IM 091‑34(45) project is amended to read:
FY09 As Proposed As Amended Change
PE 0 0 0
ROW 0 0 0
Construction 0 0 0
Other 287,500 0 -287,500
Total 287,500 0 -287,500
Sources of funds
State 287,500 0 -287,500
Federal 0 0 0
Local 0 0 0
Total 287,500 0 -287,500
(4) The following project has received a federal earmark and is added to program development – roadway program – roadway projects candidates list: Bristol STP 021-1 ( ) – Downtown Streetscape and Sidewalk Improvements – $240,000; 100 percent federal funds available until expended.
(5) The following project has received a federal earmark and is added to program development – roadway program – roadway projects candidates list: Essex Junction STP 5300 ( ) – Route 15 Streetscape Improvements – $1,641,500 to be allocated between this project and the existing project Colchester TCSP TCSE (7) – Campus Connector; 100 percent federal funds available until expended.
* * * Paving * * *
Sec. 4. PROGRAM DEVELOPMENT – PAVING
The following modifications are made to the program development – paving program:
(1) Total authorized spending in the paving program is increased by $100,910 in transportation funds and $403,640 in federal funds. The agency shall allocate the additional funds to paving projects in its discretion.
* * * Bike and Pedestrian Facilities * * *
Sec. 5. PROGRAM DEVELOPMENT – BIKE AND PEDESTRIAN FACILITIES
The following modifications are made to the program development – bike and pedestrian facilities:
(1) The following project has received a federal earmark and is added to program development – bike and pedestrian facilities – bike and pedestrian facilities candidates list as follows: Bennington – STP WALK ( ) – Streetscape Improvement Project – $490,000; 100 percent federal funds available until expended.
* * * Traffic and Safety Operations * * *
Sec. 6. PROGRAM DEVELOPMENT – TRAFFIC AND SAFETY OPERATIONS
The following modifications are made to the program development – traffic and safety operations program:
(1) The agency is authorized to add to the transportation program a signalization project at the east entrance to Fort Ethan Allen on Vermont Route 15 for the primary purpose of providing more direct public transportation service along the Chittenden County Transportation Authority’s (CCTA) Essex Junction route subject to the agency’s approval of CCTA’s innovative financing proposal for construction of the project and concurrent approval and inclusion by the Chittenden County Metropolitan Planning Organization (CCMPO) of the project in the CCMPO’s transportation improvement program (TIP). Subject to the project being added to the transportation program, spending on the project is authorized as follows:
FY09 As Proposed As Amended Change
PE 0 50,000 50,000
ROW 0 0 0
Construction 0 0 0
Other 0 0 0
Total 0 50,000 50,000
Sources of funds
State 0 0 0
Federal 0 0 0
Local 0 50,000 50,000
Total 0 50,000 50,000
* * * Park & Ride * * *
Sec. 7. PROGRAM DEVELOPMENT – PARK & RIDE
The following modifications are made to the program development park & ride program:
(1) Authorized spending for the Enosburg CMG-Park(20) project is amended to read:
FY09 As Proposed As Amended Change
PE 20,112 20,112 0
ROW 75,000 0 -75,000
Construction 0 0 0
Other 0 0 0
Total 95,112 20,112 -75,000
Sources of funds
State 0 0 0
Federal 95,112 20,112 -75,000
Local 0 0 0
Total 95,112 20,112 -75,000
* * * Transportation Buildings * * *
Sec. 8. TRANSPORTATION BUILDINGS
The following modifications are made to the transportation buildings program:
(1) Authorized spending of development and evaluation funds on the Essex garage and office project is amended to read:
FY09 As Proposed As Amended Change
PE 3,000 0 -3,000
ROW 0 0 0
Construction 0 0 0
Other 0 0 0
Total 3,000 0 -3,000
Sources of funds
State 3,000 0 -3,000
Federal 0 0 0
Local 0 0 0
Total 3,000 0 -3,000
(2) The agency shall report by January 15, 2009 to the house and senate committees on transportation on the agency’s plans for the location of maintenance facilities in Chittenden and Addison counties and in the interim shall not advance its current plan for the relocation of the facilities.
* * * Maintenance * * *
Sec. 9. MAINTENANCE
(a) Total authorized spending in the maintenance program is amended as follows:
FY09 As Proposed As Amended Change
Personal Services 32,012,562 32,012,562 0
Operating Expenses 32,156,492 31,632,292 -524,200
Grants 316,020 316,020 0
Total 64,485,074 63,960,874 -524,200
Sources of funds
State 60,733,558 60,295,608 -437,950
Federal 3,651,516 3,565,266 -86,250
Other 100,000 100,000 0
Total 64,485,074 63,960,874 -524,200
(b) These changes are made to reduce funding for the purchase of temporary bridge parts and digital message signs and to reduce authorized spending in the ITS program. Authorized spending in the ITS program includes support for the installation of RWIS stations along the Interstate 89 corridor between Royalton and Williston.
* * * Aviation * * *
Sec. 10. AVIATION
The following modifications are made to the aviation program:
(1) Authorized spending on the Burlington International Airport AIP program is amended to read:
FY09 As Proposed As Amended Change
PE 360,000 360,000 0
ROW 900,000 900,000 0
Construction 3,210,000 3,210,000 0
Other 0 0 0
Total 4,470,000 4,470,000 0
Sources of funds
State 218,200 180,000 -38,200
Federal 4,023,000 4,023,000 0
Local 228,800 267,000 38,200
Total 4,470,000 4,470,000 0
(2) In addition to the change made in subdivision (1) of this section, total authorized spending in the aviation program is reduced by $50,000 in transportation funds. The agency shall determine where the reductions are to be made.
* * * Bridge Maintenance * * *
Sec. 11. BRIDGE MAINTENANCE
Authorized spending in the bridge maintenance program is reduced by $500,000 in transportation funds.
* * * Public Transit * * *
Sec. 12. PUBLIC TRANSIT
(a) Authorized spending in the public transit program is amended to read:
FY09 As Proposed As Amended Change
PE 0 0 0
ROW 0 0 0
Construction 0 0 0
Other 13,152,700 13,202,700 50,000
Total 13,152,700 13,202,700 50,000
Sources of funds
State 5,358,924 5,408,924 50,000
Federal 7,793,776 7,793,776 0
Local 0 0 0
Total 13,152,700 13,202,700 50,000
(b) This change is made to increase by $50,000 authorized spending in programs funding public transit services for the elderly and people with disabilities, including critical medical care transportation services.
* * * State and Interstate Bridges * * *
Sec. 13. STATE AND INTERSTATE BRIDGES
Authorized spending in the state and interstate bridge programs is increased by $200,000 in transportation funds and $800,000 in federal funds to be allocated as determined by the agency.
* * * Town Highway Programs * * *
Sec. 14. TOWN BRIDGE
The following modifications are made to the town bridge program:
(1) Authorized spending on the Dummerston TH62 West River BHO 1442(28) project is amended to read:
FY09 As Proposed As Amended Change
PE 0 0 0
ROW 0 0 0
Construction 1,128,000 0 -1,128,000
Other 0 0 0
Total 1,128,000 0 -1,128,000
Sources of funds
State 225,600 0 -225,600
Federal 902,400 0 -902,400
Local 0 0 0
Total 1,128,000 0 -1,128,000
(2) Authorized spending on the Stamford TH14 TH3 9611 project is amended to read:
FY09 As Proposed As Amended Change
PE 34,669 0 -34,669
ROW 48,286 0 -48,286
Construction 0 0 0
Other 0 0 0
Total 82,955 0 -82,955
Sources of funds
State 74,660 0 -74,660
Federal 0 0 0
Local 8,295 0 -8,295
Total 82,955 0 -82,955
(3) A project to reconstruct the Bridge Street bridge in Morrisville on VT 100 is added to the transportation program.
(4) A project to reconstruct the Ripley bridge on Ripley Road in Rutland City near the intersection of Ripley Road and Dorr Drive is added to the transportation program.
Sec. 15. TOWN HIGHWAY EMERGENCY FUND
Funding of the town highway emergency fund is amended to read:
FY09 As Proposed As Amended Change
Other 0 250,000 250,000
Total 0 250,000 250,000
Sources of funds
State 0 250,000 250,000
Federal 0 0 0
Local 0 0 0
Total 0 250,000 250,000
Sec. 16. TOWN HIGHWAY CLASS 2 ROADWAY
The following modifications are made to the town highway class 2 roadway program:
FY09 As Proposed As Amended Change
Other 5,748,750 6,448,750 700,000
Total 5,748,750 6,448,750 700,000
Sources of funds
State 5,748,750 6,448,750 700,000
Federal 0 0 0
Local 0 0 0
Total 5,748,750 6,448,750 700,000
Sec. 17. TOWN HIGHWAY STRUCTURES
The following modifications are made to the town highway structures program:
FY09 As Proposed As Amended Change
Other 3,494,500 3,833,500 339,000
Total 3,494,500 3,833,500 339,000
Sources of funds
State 3,494,500 3,833,500 339,000
Federal 0 0 0
Local 0 0 0
Total 3,494,500 3,833,500 339,000
* * * Rail * * *
Sec. 18. RAIL
The following modifications are made to the rail program:
(1) Authorized spending on the three-way partnership program is amended to read as follows. In future budget years, funding for the program shall be limited to the costs of specific projects.
FY09 As Proposed As Amended Change
PE 0 0 0
ROW 0 0 0
Construction 0 0 0
Other 750,000 45,000 -705,000
Total 750,000 45,000 -705,000
Sources of funds
State 250,000 15,000 -235,000
Federal 0 0 0
Local 500,000 30,000 -470,000
Total 750,000 45,000 -705,000
(2)(A) Authorized spending for the project to design, permit, and rehabilitate the railroad tunnel under North Avenue (TH3) in Burlington is amended to read as follows:
FY09 As Proposed As Amended Change
PE 50,000 0 -50,000
ROW 0 0 0
Construction 0 0 0
Other 0 1,200,000 1,200,000
Total 50,000 1,200,000 1,150,000
Sources of funds
State 50,000 0 -50,000
Federal 0 960,000 960,000
Local 0 240,000 240,000
Total 50,000 1,200,000 1,150,000
(B) The project shall be advanced to construction as quickly as possible, using western corridor federal earmark funds for the $960,000 federal share. As a precondition to advancing the project, the tunnel’s owner, New England Central Railroad, Inc., must agree to be entirely responsible for the nonfederal share as well as for any additional costs that may be incurred to complete the scope of work agreed to in the project agreement.
(C) The agency of transportation shall work with the Federal Highway Administration (FHWA) and the Federal Railroad Administration (FRA) to have federal oversight responsibility for federal earmark funds used for the North Avenue tunnel project transferred from FHWA to FRA.
(D) To replace the federal earmark funding used on the project, the agency is authorized to seek additional federal earmarks for other western corridor projects.
(3) Authorized spending on lease and encroachment management of railroad right-of-way is amended to read:
FY09 As Proposed As Amended Change
Other 350,000 300,000 -50,000
Total 350,000 300,000 -50,000
Sources of funds
State 350,000 300,000 -50,000
Federal 0 0 0
Local 0 0 0
Total 350,000 300,000 -50,000
(4) Authorized spending on maintenance of railroad buildings is amended to read:
FY09 As Proposed As Amended Change
Other 175,000 125,000 -50,000
Total 175,000 125,000 -50,000
Sources of funds
State 175,000 125,000 -50,000
Federal 0 0 0
Local 0 0 0
Total 175,000 125,000 -50,000
(5) Authorized spending for the marketing of Amtrak services is amended to read:
FY09 As Proposed As Amended Change
Other 100,000 50,000 -50,000
Total 100,000 50,000 -50,000
Sources of funds
State 100,000 50,000 -50,000
Federal 0 0 0
Local 0 0 0
Total 100,000 50,000 -50,000
* * * Rail Quiet Zones * * *
Sec. 19. RAIL QUIET ZONES
The secretary of the agency shall negotiate and may approve an agreement on behalf of the state with the municipalities of Burlington, South Burlington, and Shelburne to administer and fund cooperatively the maintenance expenses of the quiet zones on the Vermont Railway. Any agreement shall include but not be limited to the following conditions:
(1) The agreement shall take effect in fiscal year 2010;
(2) Subject to availability of appropriated funds, total participation by the state of Vermont shall not exceed 50 percent of the total annual operating costs; and
(3) The agreement will be open to renegotiation in the event that a change in train traffic triggers the need to consider noise mitigation under an applicable federal statute or regulation.
* * * Central Garage * * *
Sec. 20. AGENCY VEHICLE FLEET
Pursuant to 19 V.S.A. § 13(b), the agency of transportation is authorized to add two vehicles to the fleet as follows:
(1) one light duty vehicle for use by the program development division structures section for bridge inspections; and
(2) one under-bridge inspection vehicle for bridge inspection and other related uses.
Sec. 21. TRANSFER TO THE CENTRAL GARAGE FUND
Notwithstanding 19 V.S.A. § 13(c), in fiscal year 2009, $880,000 shall be transferred from the transportation fund to the central garage fund and allocated to the transportation equipment replacement account within the central garage fund for the purchase of equipment as authorized in 19 V.S.A. § 13(b).
* * * SUPPLEMENTAL PAVING PROGRAM * * *
Sec. 22. SUPPLEMENTAL PAVING PROGRAM
(a) The general assembly hereby authorizes a special program consisting of $3,000,000 of transportation funds and, to the extent the transportation funds can be used to match available federal funds, such associated federal funds, to improve the condition of selected state and class 1 highways that have incurred some of the worst damage caused by the severe winter weather of 2007-2008.
(b) The agency of transportation through its maintenance districts shall identify state highways and class 1 town highways to which simple, cost‑effective repairs designed to last more than one year can be made to repair road damages.
Sec. 23. SECRETARY OF TRANSPORTATION; TRANSFER OF APPROPRIATIONS
(a) To implement the program authorized in Sec. 22 of this act:
(1) Notwithstanding 32 V.S.A. § 706, the secretary of transportation may transfer balances of fiscal year 2008 appropriations not to exceed $388,162 within or between the department of motor vehicles and divisions or sections of the agency of transportation. The secretary shall report on any balances transferred to the joint transportation oversight committee meeting in September 2008.
(2) Notwithstanding 19 V.S.A. § 10g(h), the secretary of transportation is authorized to add additional class 1 town highway paving projects to the extent that funds are available from savings in approved capital projects in the transportation program.
(b) The authority granted in subsection (a) of this section is limited to accomplishing the objectives of the program authorized by this act and shall expire upon the completion of the program.
Sec. 24. FISCAL YEAR 2008 APPROPRIATION ADJUSTMENTS
(a) Fiscal year 2008 transportation appropriations shall be reduced by the following amounts in transportation fund:
(1) town highway emergency fund $690,000
(2) policy and planning $300,000
(3) town highway bridge $330,969
(4) department of motor vehicles $100,000
(5) rail $1,296,451
(b) Fiscal year 2008 transportation appropriations shall be reduced by the following amounts in federal funds:
(1) town highway bridge $1,323,878
(c) Fiscal year 2008 transportation appropriations shall be increased by the following amounts:
(1) program development $2,027,838
Sec. 25. RUTLAND-MIDDLEBURY RAIL TRACK IMPROVEMENTS
Notwithstanding the authority granted in Sec. 23 of this act and in 19 V.S.A. § 10g(h), the funds authorized in the fiscal year 2009 transportation program for the Rutland-Middlebury track improvements project MP87-96 are exclusively reserved for the project.
Sec. 26. REVERSIONS
Notwithstanding any other provisions of law, in fiscal year 2008, the following amounts shall revert to the transportation fund from the accounts indicated:
(1) 8100001900 - town highway Vermont local roads $ 37,838
Sec. 27. FISCAL YEAR 2008 FUND TRANSFERS
Notwithstanding any other provisions of law, in fiscal year 2008:
(1) $72,580 shall be transferred from the downtown development transportation and related capital improvement fund established by 24 V.S.A. § 2796 to the transportation fund; and
(2) $1,000,000 shall be transferred from the central garage fund to the transportation fund.
Sec. 28. FISCAL YEAR 2009 APPROPRIATION ADJUSTMENTS AND FUND TRANSFERS
To implement the supplemental paving program authorized in Sec. 22 of this act, the following transfers and appropriations adjustments are specified in fiscal year 2009:
(1) The transportation – program development operating expenses appropriation shall be reduced by $500,000 in transportation funds.
(2) In addition to the transfer pursuant to 19 V.S.A. § 13(c) but notwithstanding any other provisions of law, in fiscal year 2009, $500,000 shall be transferred to the central garage fund from the transportation fund.
* * * Study of Transportation Bonding Options * * *
Sec. 29. BRIDGES AND CULVERTS, LONG-TERM ASSESSMENT, FUNDING OPTIONS
(a) The state treasurer, working jointly with the agency of transportation and the joint fiscal office, shall prepare a report containing a long-term needs assessment for repair, maintenance, and rehabilitation of bridges and culverts in the state and provide funding options and recommendations for such long-term needs.
(b) The report shall include, but not be limited to, the following:
(1) an evaluation of bridges and culverts using the established performance measures defined and used by the agency of transportation’s program development division, and develop a plan, with estimated costs, for meeting such performance measures;
(2) a definition of preventive maintenance, present the agency’s five-year plan for doing such maintenance, and the estimated costs for this maintenance;
(3) an estimate of the cost of replacing structures over the age of 70 years.
(c) The funding options and recommendations shall be developed by the state treasurer, who shall select and oversee, pursuant to a public competitive selection process, an investment bank to act as an adviser to the state to develop multiple financing proposals, including but not limited to general obligation, revenue, and GARVEE bond options, for a long-term program dedicated to funding life cycle rehabilitation work on bridges and culverts in the state system and on town bridges eligible for funding under the town highway bridge program that will extend the useful lives of these structures on a long-term, cost-effective basis.
(d) On or before November 15, 2008 the treasurer shall provide the report to a special committee composed of the following: the members of the joint transportation oversight committee, the secretary of transportation, the treasurer, the secretary of administration, two gubernatorial appointees, and the commissioner of finance and management. The chair of Joint Transportation Oversight Committee shall be in the chair of the special committee. The special committee shall meet as necessary to review the report, and by December 1, 2008 shall make such recommendations to the governor as the committee may deem appropriate regarding funding options for such programs including annual reductions in the amount of transportation funds appropriated for general government purposes as well as other state revenues generated by transportation functions that are not deposited in the transportation fund.
(e) The state treasurer shall also provide the report to the Capital Debt Affordability Advisory Committee for its consideration and deliberations.
* * * Signage * * *
Sec. 30. SIGNAGE FOR BRIDGE PROJECTS
On or before January 15, 2009, the agency of transportation shall report to the house and senate committees on transportation on its recommendation on how to most efficiently establish procedures and requirements relating to signage for all state and town bridge projects spanning more than 20 feet in length. The agency’s recommendations shall include consideration of the following:
(1) Whether the signage should be erected on both sides of the project for the duration of the construction’s,
(2) The design of the signs and whether the contractor shall purchase and install the signs as part of the contract bid price;
(3) Whether the signs shall indicate the cost of the project,
(4) Whether signs for state bridge projects shall include the following: “This is an agency of transportation project paid for with your tax dollars;”
(5) Whether signs for town bridge projects shall include the following: “This is a project sponsored by (name of municipality) and the agency of transportation, and paid for with your tax dollars;”, and
(6) Any other recommendations the agency deems appropriate.
* * * State-Owned Railroad Property * * *
Sec. 31. Sec. 17(e) of No. 175 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:
(e) The authority granted by this section shall expire on June 30, 2008
2009.
* * * Use of State Highway Facilities * * *
Sec. 32. 23 V.S.A. § 1106 is added to read:
§ 1106. LIMITATIONS ON USE OF STATE HIGHWAY FACILITIES
(a) For purposes of this section, “state highway facility” means a state highway rest area, picnic ground, parking area, or park-and-ride facility.
(b) No person shall enter or remain on any state highway facility for the purpose of overnight camping unless the particular facility has been designated for that purpose by the traffic committee.
(c) On the basis of an engineering and traffic investigation or findings as to adverse effects on the quiet enjoyment and property values of people living adjacent to a state highway facility, the traffic committee may designate the size and types of vehicles allowed to park in a state highway facility or in particular areas of a state highway facility.
(d) Notice of the prohibitions under this section shall be posted at the affected facilities by regulatory signs conforming to the manual on uniform traffic control devices.
Sec. 33. REPEAL
19 V.S.A. § 21(c) (agency rules for parking) is repealed.
* * * Transportation Fund; Sales Tax on Aviation Jet Fuel * * *
Sec. 34. 32 V.S.A. § 9741(7) is amended to read:
(7) Sales of motor fuels taxed or exempted under chapter 28 of Title 23, provided, however, that aviation jet fuel shall be taxed under this chapter with the proceeds to be allocated to the transportation fund in accordance with section 11 of Title 19.
* * * Public Transit Study * * *
Sec. 35. PUBLIC TRANSIT STUDY
(a) Public transit study. Consistent with the goals, findings, and recommendations of the January 15, 2008 legislative report (Sec. 45 of No. 75 of the Acts of 2007) titled “A Study Regarding the Regional Connectivity of Vermont’s Public Transit System,” the agency of transportation, in cooperation with the legislature’s joint fiscal office, shall conduct a further study to develop findings and recommendations for improving the efficient and effective delivery of public transit services in Vermont.
(b) Goal of study. The goal of the study is to recommend a governance and funding structure for public transportation that creates the most efficient use of taxpayer funds while simultaneously creating the most efficient system of public transportation services consistent with the statutory policy goals in 24 V.S.A. § 5083. The study shall:
(1) Make use of the data and information generated by the current short-range transit planning process to assess the strengths and weaknesses of the public transit delivery system;
(2) Compare the organizational structure and current service delivery system with those of several other states;
(3) Analyze different possible organizational structures for Vermont that could lower administrative or operating costs and improve service delivery throughout the state.
(c) The agency shall direct the study with the involvement of the agency of human services and of all public transit providers in the state who are direct grantees and subrecipients of state and federal funds.
(d) Consistent with federal United We Ride initiatives, the study shall consider all federal and state funding invested through or by state and federal agencies on public, human service, and related transportation programs and shall evaluate the potential for achieving greater efficiency through coordination of effort or consolidation of funding and effort.
(e) The study report shall be delivered to the general assembly on or before January 15, 2009.
* * * Larrabee’s Point Ferry * * *
Sec. 36. Sec. 1 of No. 59 of the Acts of 1991 is amended to read:
Sec. 1. LARRABEE’S POINT FERRY
(a) Rights granted.
The right and privilege of maintaining and operating a ferry across Lake
Champlain from Larrabee’s Point in the town of Shoreham, county of Addison and
state of Vermont, to the town of Ticonderoga in the state of New York, is
granted to Shorewell Ferries, Inc 1759 Ltd. d/b/a Fort Ticonderoga
Ferry, a Vermont corporation having its principal office at Shoreham in the
county of Addison, its successors and assigns, for a period of 20 45
years from the first day of January, 1991. No person other than Shorewell
Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors
or assigns, may operate a ferry within ten miles north or ten miles south from
the ferry landing now in use on Larrabee’s Point during such 20 year
45-year period. The right and privilege herein granted includes the
right to maintain the existing landings.
(b) Conditions.
Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry,
its successors and assigns, shall be subject to the orders of the
transportation board as authorized in Title 5, parts 1 and 3 and shall pay all
taxes assessed this franchise and any property of Shorewell Ferries, Inc.
1759 Ltd. d/b/a Fort Ticonderoga Ferry, used in connection with the
ferry. If the rights granted under this act are transferred to or acquired by
the successors or assigns of Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, the transfer shall be recorded in the office of the secretary
of state.
(c) Forfeiture.
If Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga
Ferry, its successors or assigns, establishes and operates a ferry under
authority of this act, it shall be the duty of Shorewell Ferries, Inc. 1759
Ltd. d/b/a Fort Ticonderoga Ferry, its successors or assigns, as the case
may be, to maintain suitable and safe ferryboats, sufficient for carrying and
transporting motor and other vehicles, horses, cattle, passengers, and
goods, and to operate ferry service at reasonable and seasonal times as
required by the transportation
board, but in no event shall the transportation board require the ferry to be
operated prior to May 15 or after November 15 in any calendar year. Failure to
comply with any order of the transportation board, or to pay any tax lawfully
assessed against the franchise or against property of Shorewell Ferries,
Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors or
assigns, owned or used in connection with the franchise, shall work a
forfeiture of the rights and privileges granted under this act.
(d) Investments made.
All investments made by 1759 Ltd. d/b/a Fort Ticonderoga Ferry into the ferry service shall be reported to the agency of transportation, upon request, to obtain appropriate toll credits.
* * * Highway Maintenance Vehicles—Right-of-Way * * *
Sec. 37. 23 V.S.A. § 1050a is added to read:
§ 1050a. AUTHORIZED HIGHWAY MAINTENANCE VEHICLES
(a) For purposes of this section, “authorized vehicle” means a vehicle authorized by the agency of transportation (in the case of state highways) or the municipality (in the case of town highways) to perform maintenance on a highway.
(b) The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway when the vehicle displays flashing lights meeting the requirements of subsection 1252(b) of this title.
* * * Vermont Coordinate System * * *
Sec. 38. 1 V.S.A. § 671 is amended to read:
§ 671. VERMONT COORDINATE SYSTEMS DEFINED
The systems of plane coordinates which have been established by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) or its successors for defining and stating the horizontal positions or locations of points on the surface of the earth within the state of Vermont are hereafter to be known and designated as the “Vermont Coordinate System 1927 and the Vermont Coordinate System 1983.” The term “Vermont Coordinate System” is synonymous with the term “Vermont State Plane Coordinate System.”
Sec. 39. 1 V.S.A. § 672 is amended to read:
§ 672. COORDINATES DEFINED
The plane coordinate values for a point on the earth’s surface, used to
express the horizontal position or location of such point on the Vermont
Coordinate Systems, shall consist of two distances, expressed in U.S. Survey
feet and decimals of a foot when using the Vermont Coordinate System 1927 and
expressed in meters and decimals of a meter, or U.S. Survey feet and
decimals of a foot when using the Vermont Coordinate System 1983. One of
these distances, to be known as the “x-coordinate,” shall give the position in
an east-and-west direction; the other, to be known as the “y-coordinate,” shall
give the position in a north-and-south direction. These coordinates shall be
made to depend upon and conform to plane rectangular coordinate values for the
monumented points of the North American Horizontal Geodetic Control Network
National Spatial Reference System established by the United States Coast and Geodetic Survey, its predecessor, or its successors.
* * * Aggregate Sources * * *
Sec. 40. AGGREGATE SOURCES
The agency of transportation shall coordinate with the agency of natural resources to investigate the potential for prepermitting new state aggregate sources, including the temporary installation of portable asphalt pavement plants associated with transportation resurfacing projects. The agency’s director of program development shall brief the house and senate committees on transportation on the outcome of the evaluation during testimony on the fiscal year 2010 budget.
* * * Addison–Crown Point, NY Bridge * * *
Sec. 41. ADDISON–CROWN POINT, NY BRIDGE
Before entering into any agreement with the New York state department of transportation regarding replacement or rehabilitation of the bridge over Lake Champlain between Addison, VT and Crown Point, NY, the agency of transportation shall ensure that the agreement provides for thorough consideration of alternative transportation options, including replacement of the bridge with a ferry.
* * * Allocation of Capital Funds ***
Sec. 42. ALLOCATION OF CAPITAL CONSTRUCTION ACT FUNDS
In its addendum to the FY 2009 transportation budget developed pursuant to Sec. 27(d) of the capital construction bill for FY 2009, the agency of transportation shall first allocate funds as follows:
(1) The first $135,869 shall be allocated to advance town bridge federal earmark projects;
(2) The second $200,000 shall be allocated to advance other town bridge projects; and
(3) The third $800,000 shall be allocated to advance paving or highway projects as determined by the agency.
* * * Vermont Truck Network * * *
Sec. 43. 23 V.S.A. § 1432(c) is amended to read:
(c) The truck network. The truck network shall consist of the following: U.S. Route 2 between the New Hampshire state line and the junction of U.S. Route 5; U.S. Route 2 from the junction of exit 21 on I-91 to exit 8 on Interstate 89; U.S. Route 2 between the New York state line and VT Route 78; VT Route 2A; U.S. Route 4 from the New York state line to the junction of VT Route 100 south; VT Route 279 from the New York state line to the junction of U.S. Route 7; U.S. Route 5 from the junction of U.S. Route 2 to the junction of exit 20 of I-91; U.S. Route 5 between I-91 at exit 22 to the south entrance of the St. Johnsbury-Lyndonville industrial park; U.S. Route 5 south from I-91 at exit 22 to the intersection of St. Johnsbury Railroad Street and Hastings Hill Street; U.S. Route 7; VT Route 9 from the New York state line to the junction of exit 2 on I-91; VT Route 9 from the junction of exit 3 on I-91 to the New Hampshire state line; VT Route 18 from U.S. Route 2 to the New Hampshire state line; VT Route 22A between U.S. Route 4 and U.S. Route 7; VT Route 78; VT Route 103; VT Route 105 from the junction of U.S. Route 7 to the junction of VT Route 100, then southerly on VT Route 100 to the junction of VT Route 100 and VT Route 14, then easterly on VT Route 14 to the junction of VT Route 14 and U.S. Route 5, then northerly on U.S. Route 5 to the junction of U.S. Route 5 and VT Route 105, then easterly on VT Route 105 from the junction of U.S. Route 5 to the New Hampshire border; VT Route 104 from VT Route 105 to I-89 at exit 19; VT Route 253 from the New Hampshire border to the Canadian border; VT Route 289; and U.S. Route 302. The commissioner is authorized to place special restrictions applying to motor vehicles on any route of the truck network when, in his or her opinion, the restrictions would provide for the safe operation of all vehicles on the route.
* * * Authority to Purchase Amtrak Equipment * * *
Sec. 44. Sec. 44 of No. 75 of the Acts of 2007 is amended as follows:
Sec. 44. LEGISLATIVE APPROVAL FOR PURCHASE OF EQUIPMENT FOR AMTRAK VERMONT SERVICE
(a) Pursuant to Sec. 20 of No. 175 of the Acts of the 2005 Adj. Sess. (2006), the general assembly approves the state of Vermont’s purchase, through the agency of transportation, of five Colorado Rail Car units, consisting of three motorized units and two passenger cars.
(b) This approval is subject to the following conditions:
(1) Financing for the demonstration project must be available under the Railroad Rehabilitation & Improvement Financing (RRIF) loan program administered by the Federal Railroad Administration (FRA).
(2) The Diesel Multiple Unit (DMU) equipment selected by Amtrak through a competitive procurement process in 2003 must be utilized.
(3) The purchase contract with the DMU vendor shall include an option to purchase future equipment, with pricing protections.
(4) The DMU equipment must meet or exceed current Federal Railroad Administration (FRA) structural safety requirements.
(5) The DMU equipment must comply with accessibility standards under the Americans with Disabilities Act (ADA).
(6) The vendor of the DMU equipment must agree, should the state of Vermont determine that the demonstration project is unsuccessful, to act as the state’s agent to sell the DMU equipment at a minimum of 90 percent of the purchase price and, should the DMU equipment not sell within one year, to purchase the DMU equipment back at 90 percent of the purchase price. The stipulation in the contracts related to the equipment buyback must be reviewed by the state treasurer with regard to the effect of buyback provisions on the state’s current debt position.
(7) The contract for construction and
purchase of the DMU equipment must be approved by the state treasurer and the
attorney general as including sufficient guarantees to assure successful
manufacture and delivery of the DMU equipment, as well as performance of the
vendor’s undertakings to sell or buy back the DMU equipment, should the state
determine that the demonstration project is unsuccessful.
(8)
Any agreements between the state of Vermont and Amtrak or the FRA must be
flexible enough to permit redeployment of the DMU equipment in the event of the
reconfiguration of Amtrak service to Vermont.
* * * Report on Diesel Tax Exemption * * *
Sec. 45. REPORT ON MOTOR BUS EXEMPTION FROM DIESEL TAX
The joint fiscal office shall analyze and report by January 15, 2009, to the house and senate committees on transportation on the transportation fund revenue implications of amending the diesel tax to eliminate the exemption for motor buses. The report shall specifically consider the revenue implications of amending 23 V.S.A. § 3003(d) (1) to read:
(1) For users, the following uses shall be exempt from taxation under this chapter and be entitled to a credit for any tax paid for such uses under section 3020 of this title:
(A) uses, the taxation of which would be precluded by the laws and Constitution of the United States and this state;
(B) uses for agricultural purposes not conducted on the highways of the state;
(C) uses by any state, municipal, school district, fire district or other governmentally owned vehicles for official purposes;
(D) uses by any vehicle off the highways of the state; and
(E) uses
by motor buses registered in this state; and
(F) uses by any vehicle registered
as a farm truck under subsection 367(f) of this title.
(2) Provided,
however, that no tax shall be due with respect to fuel for use in any state,
municipal, school district, fire district or other governmentally-owned
vehicle owned, leased, or contracted for other than single-trip use by a
government entity, as long as the distributor takes from the purchaser at
the time of sale an exemption certificate in the form prescribed by the
commissioner; and provided, further, that no tax shall be due with respect to
fuel delivered for farm use to a farm bulk fuel storage tank.
* * *
* * * Railroad Vandalism Prevention * * *
Sec. 46. 13 V.S.A. § 3110 is added to read:
§ 3110. RAILROAD VANDALISM
(a) Purpose. The purpose of this section is to prevent acts of vandalism to railroad property which affect the health, safety, and welfare of the traveling public, the neighboring community, and railroad employees; to protect railroad property and freight in transportation by railroad; and otherwise to enhance the safety of transportation by railroad.
(b) Definitions. For purposes of this section:
(1) “Bodily injury” shall have the same meaning as in subdivision 1021(1) of this title.
(2) “Railroad” means any form of non-highway ground transportation that runs on rails or electromagnetic guideways, including:
(A) commuter or other short-haul railroad passenger service in a metropolitan or suburban area; and
(B) high-speed ground transportation systems that connect metropolitan areas, but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.
(3) “Railroad carrier” means a person providing railroad transportation.
(4) “Railroad property” means all property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, rail car, work equipment, rolling stock, or safety device. “Railroad property” does not include administrative buildings, administrative offices, or administrative office equipment.
(5) “Right-of-way” means the track or roadbed owned, leased, or operated by a railroad carrier which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.
(6) “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title.
(c) Vandalism of railroad property. No person shall, with reckless disregard for railroad property or the safety of another, commit an act which causes damage to railroad property.
(d) Penalty for vandalism of railroad property.
(1) A person who violates subsection (c) of this section shall be fined not more than $500.00 or imprisoned for not more than six months, or both, if the violation results in property damage of $900.00 or less.
(2) A person who violates subsection (c) of this section shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, if the violation results in bodily injury to another person or property damage of greater than $900.00.
(3) A person who violates subsection (c) of this section shall be fined not more than $20,000.00 or imprisoned for not more than 15 years, or both, if the violation results in death or serious bodily injury to another person.
(e) Aggravated railroad vandalism. A person who intentionally causes damage to railroad property which results in death or serious bodily injury to another person shall be guilty of aggravated railroad vandalism.
(f) Penalty for aggravated railroad vandalism. A person who violates subsection (e) of this section shall be fined not more than $25,000.00 or imprisoned for not more than 15 years, or both.
(g) If serious bodily injury or death results to more than one person other than the defendant as a result of a violation of this section, the defendant may be convicted of a separate violation of this section for each decedent or person injured.
Sec. 47. REPEALS
The following are repealed:
(1) 13 V.S.A. §§ 3101-3104 (railroad crimes).
(2) 5 V.S.A. § 3733 (damage to mills, dams and bridges).
* * * Bennington Rail Banking Project * * *
Sec. 48. BENNINGTON RAIL BANKING PROJECT
The Bennington rail banking project, of which the project Bennington STP Bike (26) is a portion, is authorized pursuant to the following conditions:
(1) Subject to Surface Transportation Board and Vermont Railway, Inc. approval, the rail banking shall commence at a point south of the VT 7A underpass, but not south of valuation station 3103+00, which is located 1,700 feet south of the VT 7A underpass, and extend southerly to the terminus of the railroad in Bennington.
(2) A runaround track shall be constructed as part of the bike path project north of valuation station 3103+00 when project Bennington STP Bike (26) is constructed.
(3) The town of Bennington shall be responsible for:
(A) all fees and expenses incurred as part of the STB rail banking proceedings;
(B) all costs associated with the removal and proper disposal of the rails and ties with the town retaining the entire salvage value of the rails and ties; and
(C) after the rails and ties have been removed, all costs associated with grading the rail bed to a uniform grade in a neat appearance, allowing for proper drainage of the rail bed.
(4) Where feasible and with the approval of the Vermont Railway, Inc., a portion of the railroad right-of-way between valuation station 3103+00 and VT 7A may be used for a transportation path provided it does not interfere with railroad operations.
* * * School Bus Exemption for School Employees and Volunteers * * *
Sec. 49. 23 V.S.A. § 4(34)(A)(iv) is amended to read:
(iv) motor vehicles with a manufacturer’s rated seating capacity of fewer than 11 persons, including the operator, which are owned, leased, or hired by a school, or for which services are reimbursed by a school. However, if used to transport students, these shall be considered a Type II school bus for purposes of licensure, shall display an identification sign as prescribed in subdivision 1283(a)(1) of this title, and shall be equipped with a simple system of at least two red alternating warning lights; unless the driver is a school employee or a volunteer subject to a criminal background check and is transporting no more than five persons excluding the operator; provided that the vehicle has safety belts for all persons being transported;
* * * Recycled Asphalt Pavement * * *
Sec. 50. 19 V.S.A. § 10c(m) is added to read:
(m) Recycled asphalt pavement (RAP) shall be used on all agency paving projects to the extent sources of quality RAP are available consistent with producing quality hot mix asphalt. To that extent, the agency shall define paving project specifications and contract bid documents to allow the use of up to 50 percent RAP. The agency shall compare the cost-benefit of the state retaining the RAP versus the contractor retaining the RAP, and the agency shall report to the house and senate committees on transportation on the results of the comparison in the 2009 and 2010 legislative sessions.
* * * Public Transportation System Integrity * * *
Sec. 51. PUBLIC TRANSPORTATION SYSTEM INTEGRITY
(a) Notwithstanding any other law to the contrary, the agency of transportation is authorized, first, to spend up to $100,000.00 in federal funds from the Public Transit Program – Statewide Encouragement of Carpools (STP RIDE) program and, second, to spend up to $350,000.00 in funds ($315,000.00 federal funds and $35,000.00 state funds) from the Public Transit Program – Statewide Capital to make grant awards to sub-recipients and other public transportation providers for the purpose of maintaining existing public transportation services statewide.
(b) To help the agency of transportation determine whether increased costs are likely to trigger service reductions in the statewide system of general public transportation services, each public transportation provider, by May 31, 2008, shall provide the agency of transportation with an estimate of its projected budget deficit, if any, for fiscal year 2009, assuming continuation of the services in existence upon passage of this act. Each projected budget deficit estimate shall be the difference in the amount between revenues budgeted by the provider agency in a board-approved budget and the expenses now necessary to incur to maintain current service levels. Public transportation providers shall inform the agency of transportation of the per-gallon fuel price used to determine operating expenses, their capacity to use preventive maintenance funding to maintain existing levels of service, as well as any other information that the agency of transportation may deem necessary to conduct its analysis.
(c) The agency of transportation in making grant awards under this section shall mitigate to the greatest extent practicable loss of general public transportation services. In addition, the agency of transportation shall provide for an equitable geographic distribution of funds statewide, if possible, depending upon each provider’s ability to utilize preventive maintenance funding.
(d) Any funding not needed to maintain existing services shall remain in the capital program.
(e) As early as practicable, the agency of transportation shall issue a report to the joint transportation oversight committee established under 19 V.S.A.
§ 12b(a) regarding grant awards made under this section.
* * * Transportation Funds in Support of General Government * * *
* * * Smugglers Notch * * *
Sec. 52. 23 V.S.A. § 1006b is amended to read:
§ 1006b. SMUGGLERS NOTCH; WINTER CLOSURE OF VERMONT ROUTE 108
The agency of transportation may close the Smugglers Notch segment of
Vermont Route 108 during periods of winter weather. To enforce the winter
closure, the agency shall erect a lockable gate at both closure points,
extending the width of the highway, posted with signs advising that the highway
is closed and that traveling on the highway when it is closed is a violation of
the motor vehicle laws of the state. Notwithstanding any law to the contrary,
if the highway is officially closed but the gates at both closure points are
not in a locked position across the highway, no ticket or any other form of
summons and notice of a motor vehicle violation shall be issued to motorists
driving on the closed portion of the highway signs conforming to the
standards established by section 1025 of this title.
Sec. 53. SUPPLEMENTARY MEASURES; RECREATIONAL AND EMERGENCY ACCESS
To preclude unauthorized access by motor vehicles to the Smugglers Notch segment of Vermont Route 108 when it is closed during periods of winter weather, the agency of transportation shall develop and implement a plan by December 15, 2008 to provide for installation of physical barriers and supplementary signage. The plan shall provide for the continued accommodation of recreational and emergency access.
* * * State Rail Trails * * *
Sec. 54. STATE MAINTAINED RAIL TRAILS
The agency shall report to the house and senate committees on transportation by January 15, 2009 on a funding and management plan for all rail trails that are owned and maintained by the agency.
* * * Sign Law—Murals * **
Sec. 55. 10 V.S.A. § 494 is amended to read:
§ 494. EXEMPT SIGNS
The following signs are exempt from the requirements of this chapter except as indicated in section 495 of this title:
* * *
(13) Murals that relate exclusively to a downtown designated under 24 V.S.A. chapter 76A, whether located within or outside of the designated downtown itself, provided that all of the following apply: the mural is hand‑painted; it is painted directly on the outside surface of a structure that has been in existence on the site for at least the preceding 25 years; it is located no more than three miles from the designated downtown; its placement has been authorized by the legislative body of the municipality in which it is located; and any words used pertain only to the direction or distance to, and the name of, the designated downtown. A mural exempted under this subdivision that is visible from the off‑ramp of a limited access facility and not otherwise visible from such a facility shall also be exempt from compliance with subsection 495(b) of this title.
* * * Railroad Farm Crossings * * *
Sec. 56. RAILROAD FARM CROSSINGS
(a) The general assembly acknowledges the report of the railroad farm crossing study committee created under Sec. 43 of Act No. 75 of 2007. However, the general assembly finds that there remain questions which merit additional study.
(b) The agency of transportation is directed to continue to study the issues identified in Sec. 43 of No. 75 of the Acts of 2007 and shall submit recommendations in a report to the senate and house committees on transportation, agriculture, and natural resources by December 1, 2008.
(c) For the purposes of this section, the agency is authorized to retain the services of a consultant.
* * * Annual Reports * * *
Sec. 57. 19 V.S.A. § 10c(k) is added to read:
(k)(1) The agency shall by January 15 of each year submit a report on the pavement conditions of the state highway system to the house and senate committees on transportation which, at a minimum, shall contain the information, updated to the latest date consistent with the publication date, which is included in the agency’s publication entitled “Pavement Management Annual Report 2006.” The report in addition shall include information describing the actual historic percentage of state system pavement which is rated as being in poor or very poor condition.
(2) The agency shall report to the house and senate committees on alternate formats and measurements for this report.
Sec. 58. 19 V.S.A. § 10c(l) is added to read:
(l) The agency shall by January 15 of each year submit a report on the condition of bridges, culverts, and other structures on the state system and town highways to the house and senate committees on transportation. The agency shall report to the house and senate committees on transportation on alternate formats and measurements for this report.
* * * Repeal of Miscellaneous Reporting Requirements * * *
Sec. 59. SESSION LAW REPEALS
The following provisions of session law are repealed:
(1) Sec. 2(a) of No. 144 of the Acts of the 1997 Adj. Sess. (1998) (report on changes in the scheduling of projects in the transportation capital program or project development plan).
(2) Sec. 3(a) of No. 18 of 1999 (report on changes in the scheduling of projects in the transportation capital program or project development plan).
(3) Sec. 20 of No. 175 of the Acts of the 2005 Adj. Sess. (2006) (report on purchase of equipment for Amtrak).
Sec. 61. Sec. 50 of No. 175 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:
Sec. 60. TOWN HIGHWAY BRIDGE AND CULVERT INVENTORY
The agency of transportation is directed to complete and deploy an
integrated software product by November 1, 2006 to handle data entry, access
and status reporting of town bridge and culvert inventories currently collected
by regional planning commissions (RPCs), the metropolitan planning
organization, and towns and their contractors. The software product shall
conform to the specifications defined in the VGIS Bridge and Culvert Data
Exchange Standard (VGIS Handbook: Part 2 - Standards - Section H).
All town bridge and culvert inventory data which have been collected and which
hereafter are collected by regional planning commissions in a data format
conforming to the specifications of the VGIS Bridge and Culvert Data Exchange
Standard shall be made available by the regional planning commissions to the
Vermont center for geographic information which shall make such data
available to the agency and to the general public on its website. The
agency of transportation shall encourage the RPCs and the metropolitan
planning organization to complete the inventories for their region, and shall
annually update the house and senate committees on transportation on the
status of the data collection by regional planning commissions with a
report on the general condition of town assets recorded in the bridge and
culvert data base.
Sec. 61. REPEAL
19 V.S.A. § 10g(e) (separate report regarding certain projects with cost estimates exceeding $5 million) is repealed.
Sec. 62. 19 V.S.A. § 10g(d)(1) is amended to read:
(d)(1) In
addition to the multiyear transportation program described in subsection (a) of
this section, the agency shall annually biannually present to the
general assembly an analysis of the balance between the state's commitments to
transportation projects and total available resources for projects over
the ten-year five-year period commencing with the fiscal year of
the transportation program. The analysis shall include, on a current dollar
basis, individual estimates and projected schedules for all projects with a
total project cost estimate in excess of $10 million.
Sec. 63. TITLE 23 REPEALS
The following provisions of Title 23 are repealed:
(1) § 1042(d) (report on municipal truck routes).
(2) § 1803(k) (annual report of Vehicle Equipment Safety Commission).
* * * Effective Dates * * *
Sec. 64. EFFECTIVE DATES
The following sections of this act shall take effect from passage:
(1) Sec.18 (2) (rail North Avenue tunnel) shall take effect from passage.
(2) Sections 22-28 (supplemental paving program)
(3) Sec. 29 (bridges, culverts, long term assessment)
(4) Sec. 51 (public transit system integrity)
RICHARD T. MAZZA
PHILIP B. SCOTT
M. JANE KITCHEL
Committee on the part of the Senate
RICHARD WESTMAN
TIMOTHY CORCORAN
SUE MINTER
Committee on the part of the House
Thereupon, the question, Shall the Senate accept and adopt the report of the Committee of Conference?, was decided in the affirmative.
Thereupon, on motion of Senator Shumlin, the rules were suspended and the bill was ordered messaged to the House forthwith.
Rules Suspended; Report of Committee of Conference Accepted and Adopted on the Part of the Senate; Bill Messaged
H. 891.
Appearing on the Calendar for notice, on motion of Senator Shumlin, the rules were suspended and the report of the Committee of Conference on House bill entitled:
An act making appropriations for the support of government.
Was taken up for immediate consideration.
Senator Bartlett, for the Committee of Conference, submitted the following report:
To the Senate and House of Representatives:
The Committee of Conference to which were referred the disagreeing votes of the two Houses upon House bill entitled:
H. 891. An making appropriations for the support of government.
Respectfully reports that it has met and considered the same and recommends that the Senate recede from its proposal of amendment and that the bill be amended by striking out all after the enacting clause and inserting in lieu thereof the following:
Sec. 1.000. SHORT TITLE
(a) This bill may be referred to as the BIG BILL - Fiscal Year 2009 Appropriations Act.
Sec. 1.001. PURPOSE
(a) The purpose of this act is to provide appropriations for the operations of state government during fiscal year 2009. It is the express intent of the legislature that activities of the various agencies, departments, divisions, boards, and commissions be limited to those which can be supported by funds appropriated in this act or other acts passed prior to June 30, 2008. Agency and department heads are directed to implement staffing and service levels at the beginning of fiscal year 2009 so as to meet this condition unless otherwise directed by specific language in this act or other acts of the general assembly.
Sec. 1.002. APPROPRIATIONS
(a) It is the intent of the general assembly that this act serve as the primary source and reference for appropriations for fiscal year 2009.
(b) The sums herein stated are appropriated for the purposes specified in the following sections of this act. When no time is expressly stated during which any of the appropriations are to continue, the appropriations are single-year appropriations, and only for the purpose indicated, and shall be paid from funds shown as the source of funds. If, in this act, there is an error in either addition or subtraction, the totals shall be adjusted accordingly. Apparent errors in referring to section numbers of statutory titles within this act may be disregarded by the commissioner of finance and management.
(c) Unless codified or otherwise specified, all narrative portions of this act apply only to the fiscal year ending June 30, 2009.
Sec. 1.003. DEFINITIONS
(a) For the purposes of this act:
(1) "Encumbrances" means a portion of an appropriation reserved for the subsequent payment of existing purchase orders or contracts. The commissioner of finance and management shall make final decisions on the appropriateness of encumbrances.
(2) "Grants" means subsidies, aid, or payments to local governments, to community and quasipublic agencies for providing local services, and to persons who are not wards of the state for services or supplies, and cash or other direct assistance, including pension contributions.
(3) "Operating expenses" means property management, repair and maintenance, rental expenses, insurance, postage, travel, energy and utilities, office and other supplies, equipment, including motor vehicles, highway materials and construction, expenditures for the purchase of land, and construction of new buildings and permanent improvements; and similar items.
(4) "Personal services" means wages and salaries, fringe benefits, per diems, and contracted third party services; and similar items.
Sec. 1.004. LEGEND
(a) The bill is organized by functions of government. The sections between 2.000 and 2.999 contain appropriations of funds. The sections between 5.000 and 5.999 contain language that relates to specific appropriations and/or government functions. The function areas by section numbers are as follows:
2.001 – 2.099 and 5.001 – 5.099 General Governments
2.101 – 2.199 and 5.101 – 5.199 Protections to Persons & Property
2.201 – 2.299 and 5.201 – 5.299 Human Services
2.301 – 2.399 and 5.301 – 5.399 Labor, K-12 and Higher Education
2.401 – 2.499 and 5.401 – 5.499 Natural Resources
2.501 – 2.599 and 5.501 – 5.599 Commerce & Community Development
2.601 – 2.699 and 5.601 – 5.699 Transportation
2.701 – 2.799 and 5.701 - 5.799 Debt Service
2.801 – 2.899 and 5.801 – 5.899 Allocations, One-time and Contingent
2.901 - 2.999 and 5.901– 5.999 Other Miscellaneous
Sec. 2.001. Secretary of administration - secretary's office
Personal services 848,494
Operating expenses 59,918
Grants 150,000
Total 1,058,412
Source of funds
General fund 829,122
Global Commitment fund 76,613
Interdepartmental transfer 152,677
Total 1,058,412
Sec. 2.002. Information and innovation - communications and information technology
Personal services 4,842,221
Operating expenses 1,022,252
Grants 400,000
Total 6,264,473
Source of funds
General fund 115,160
Internal service funds 6,149,313
Total 6,264,473
Sec. 2.003. Information and innovation - Vermont information technology leaders (VITL)
Grants 865,350
Source of funds
General fund 299,676
Special funds 226,174
Global Commitment fund 339,500
Total 865,350
Sec. 2.004. Finance and management - budget and management
Personal services 969,417
Operating expenses 156,553
Total 1,125,970
Source of funds
General fund 945,847
Interdepartmental transfer 180,123
Total 1,125,970
Sec. 2.005. Finance and management - financial operations
Personal services 3,354,394
Operating expenses 1,261,734
Total 4,616,128
Source of funds
Special funds 67,637
Internal service funds 4,548,491
Total 4,616,128
Sec. 2.006. Human resources - operations
Personal services 2,338,000
Operating expenses 628,820
Total 2,966,820
Source of funds
General fund 2,211,227
Special funds 297,761
Interdepartmental transfer 457,832
Total 2,966,820
Sec. 2.007. Human resources - technical services
Personal services 811,108
Operating expenses 494,382
Total 1,305,490
Source of funds
Internal service funds 1,305,490
Sec. 2.008. Human resources - employee benefits & wellness
Personal services 1,450,506
Operating expenses 433,486
Total 1,883,992
Source of funds
Internal service funds 1,883,992
Sec. 2.009. Libraries
Personal services 2,027,969
Operating expenses 1,581,218
Grants 62,500
Total 3,671,687
Source of funds
General fund 2,601,964
Special funds 152,482
Federal funds 823,729
Interdepartmental transfer 93,512
Total 3,671,687
Sec. 2.010. Tax - administration/collection
Personal services 12,212,179
Operating expenses 2,903,964
Total 15,116,143
Source of funds
General fund 13,952,707
Special funds 908,436
Tobacco fund 58,000
Interdepartmental transfer 197,000
Total 15,116,143
Sec. 2.011. Buildings and general services - administration
Personal services 2,193,312
Operating expenses 353,689
Total 2,547,001
Source of funds
Interdepartmental transfer 2,547,001
Sec. 2.012. Buildings and general services - engineering
Personal services 1,932,163
Operating expenses 514,440
Total 2,446,603
Source of funds
General fund 2,446,603
Sec. 2.013. Buildings and general services - information centers
Personal services 3,520,072
Operating expenses 1,306,663
Grants 45,450
Total 4,872,185
Source of funds
General fund 4,822,185
Special funds 50,000
Total 4,872,185
Sec. 2.014. Buildings and general services - purchasing
Personal services 730,292
Operating expenses 318,605
Total 1,048,897
Source of funds
General fund 1,048,897
Sec. 2.015. Buildings and general services - postal services
Personal services 670,777
Operating expenses 195,563
Total 866,340
Source of funds
General fund 40,000
Internal service funds 826,340
Total 866,340
Sec. 2.016. Buildings and general services - copy center
Personal services 642,126
Operating expenses 232,350
Total 874,476
Source of funds
Internal service funds 874,476
Sec. 2.017. Buildings and general services - fleet management services
Personal services 562,573
Operating expenses 154,346
Total 716,919
Source of funds
Internal service funds 716,919
Sec. 2.018. Buildings and general services - federal surplus property
Personal services 68,567
Operating expenses 77,525
Total 146,092
Source of funds
Enterprise funds 146,092
Sec. 2.019. Buildings and general services - state surplus property
Personal services 63,768
Operating expenses 63,840
Total 127,608
Source of funds
Internal service funds 127,608
Sec. 2.020. Buildings and general services - property management
Personal services 1,139,014
Operating expenses 2,945,329
Total 4,084,343
Source of funds
Internal service funds 4,084,343
Sec. 2.021. Buildings and general services - workers' compensation insurance
Personal services 1,242,185
Operating expenses 378,853
Total 1,621,038
Source of funds
Internal service funds 1,621,038
Sec. 2.022. Buildings and general services - general liability insurance
Personal services 299,547
Operating expenses 132,820
Total 432,367
Source of funds
Internal service funds 432,367
Sec. 2.023. Buildings and general services - all other insurance
Personal services 98,919
Operating expenses 28,388
Total 127,307
Source of funds
Internal service funds 127,307
Sec. 2.024. Buildings and general services - fee for space
Personal services 11,993,881
Operating expenses 12,126,545
Total 24,120,426
Source of funds
Internal service funds 24,120,426
Sec. 2.025. Geographic information system
Grants 430,210
Source of funds
Special funds 430,210
Sec. 2.026. Executive office - governor's office
Personal services 1,323,037
Operating expenses 397,513
Total 1,720,550
Source of funds
General fund 1,527,050
Interdepartmental transfer 193,500
Total 1,720,550
Sec. 2.027. Executive office - national and community service
Personal services 202,006
Operating expenses 122,923
Grants 1,835,463
Total 2,160,392
Source of funds
General fund 56,528
Federal funds 2,103,864
Total 2,160,392
Sec. 2.028. Legislative council
Personal services 2,155,192
Operating expenses 163,692
Total 2,318,884
Source of funds
General fund 2,318,884
Sec. 2.029. Legislature
Personal services 4,014,859
Operating expenses 3,419,474
Total 7,434,333
Source of funds
General fund 7,434,333
Sec. 2.030. Legislative information technology
Personal services 387,751
Operating expenses 512,470
Total 900,221
Source of funds
General fund 900,221
Sec. 2.031. Joint fiscal committee
Personal services 1,210,211
Operating expenses 87,821
Total 1,298,032
Source of funds
General fund 1,298,032
Sec. 2.032. Sergeant at arms
Personal services 541,207
Operating expenses 71,346
Total 612,553
Source of funds
General fund 612,553
Sec. 2.033. Lieutenant governor
Personal services 143,693
Operating expenses 17,920
Total 161,613
Source of funds
General fund 161,613
Sec. 2.034. Auditor of accounts
Personal services 2,805,929
Operating expenses 142,283
Total 2,948,212
Source of funds
General fund 526,254
Special funds 54,431
Internal service funds 2,367,527
Total 2,948,212
Sec. 2.035. State treasurer
Personal services 2,398,796
Operating expenses 357,332
Grants 30,000
Total 2,786,128
Source of funds
General fund 1,170,693
Special funds 1,522,872
Interdepartmental transfer 92,563
Total 2,786,128
Sec. 2.036. State treasurer - unclaimed property
Personal services 766,310
Operating expenses 252,226
Total 1,018,536
Source of funds
Private purpose trust funds 1,018,536
Sec. 2.037. Vermont state retirement system
Personal services 26,178,487
Operating expenses 787,519
Total 26,966,006
Source of funds
Pension trust funds 26,966,006
Sec. 2.038. Municipal employees' retirement system
Personal services 1,827,822
Operating expenses 410,209
Total 2,238,031
Source of funds
Pension trust funds 2,238,031
Sec. 2.039. State labor relations board
Personal services 175,087
Operating expenses 40,263
Total 215,350
Source of funds
General fund 209,480
Special funds 2,935
Interdepartmental transfer 2,935
Total 215,350
Sec. 2.040. VOSHA review board
Personal services 40,414
Operating expenses 9,680
Total 50,094
Source of funds
General fund 25,047
Federal funds 25,047
Total 50,094
Sec. 2.041. Homeowner rebate
Grants 12,921,868
Source of funds
General fund 12,921,868
Sec. 2.042. Renter Rebate
Grants 7,955,852
Source of funds
General fund 2,386,756
Education fund 5,569,096
Total 7,955,852
Sec. 2.043. Tax department - reappraisal and listing payments
Grants 3,240,112
Source of funds
Education fund 3,240,112
Sec. 2.044. Use tax reimbursement fund - municipal current use
Grants 9,850,000
Source of funds
General fund 9,850,000
Sec. 2.045. Lottery commission
Personal services 1,523,184
Operating expenses 1,093,578
Total 2,616,762
Source of funds
Enterprise funds 2,616,762
Sec. 2.046. Payments in lieu of taxes
Grants 4,500,000
Source of funds
Special funds 4,500,000
Sec. 2.047. Payments in lieu of taxes - Montpelier
Grants 184,000
Source of funds
Special funds 184,000
Sec. 2.048. Payments in lieu of taxes - correctional facilities
Grants 40,000
Source of funds
Special funds 40,000
Sec. 2.049. Total general government 177,473,806
Source of funds
General fund 70,712,700
Education fund 8,809,208
Special funds 8,436,938
Tobacco fund 58,000
Global Commitment fund 416,113
Federal funds 2,952,640
Enterprise funds 2,762,854
Internal service funds 49,185,637
Pension trust funds 29,204,037
Private purpose trust funds 1,018,536
Interdepartmental transfer 3,917,143
Total 177,473,806
Sec. 2.101. Attorney general
Personal services 7,245,495
Operating expenses 1,066,918
Total 8,312,413
Source of funds
General fund 4,594,248
Special funds 1,295,235
Tobacco fund 290,000
Federal funds 643,000
Interdepartmental transfer 1,489,930
Total 8,312,413
Sec. 2.102. Vermont court diversion
Grants 1,724,534
Source of funds
General fund 1,204,534
Special funds 520,000
Total 1,724,534
Sec. 2.103. Defender general - public defense
Personal services 7,007,618
Operating expenses 907,209
Total 7,914,827
Source of funds
General fund 7,411,734
Special funds 503,093
Total 7,914,827
Sec. 2.104. Defender general - assigned counsel
Personal services 3,251,287
Operating expenses 77,909
Total 3,329,196
Source of funds
General fund 3,203,932
Special funds 125,264
Total 3,329,196
Sec. 2.105. Judiciary
Personal services 28,227,859
Operating expenses 8,613,526
Grants 100,000
Total 36,941,385
Source of funds
General fund 31,838,828
Special funds 2,712,400
Tobacco fund 40,000
Federal funds 414,808
Interdepartmental transfer 1,935,349
Total 36,941,385
Sec. 2.106. State's attorneys
Personal services 9,474,943
Operating expenses 1,271,127
Total 10,746,070
Source of funds
General fund 8,538,446
Special funds 94,476
Federal funds 31,000
Interdepartmental transfer 2,082,148
Total 10,746,070
Sec. 2.107. Special investigative units
Grants 620,000
Source of funds
General fund 530,000
Special funds 90,000
Total 620,000
Sec. 2.108. Sheriffs
Personal services 3,186,568
Operating expenses 277,101
Total 3,463,669
Source of funds
General fund 3,463,669
Sec. 2.109. Public safety - administration
Personal services 1,823,435
Operating expenses 158,768
Total 1,982,203
Source of funds
General fund 1,945,576
Federal funds 36,627
Total 1,982,203
Sec. 2.110. Public safety - state police
Personal services 38,966,689
Operating expenses 8,200,082
Grants 582,087
Total 47,748,858
Source of funds
General fund 12,281,795
Transportation fund 28,231,384
Special funds 2,073,265
Federal funds 2,777,985
Interdepartmental transfer 2,384,429
Total 47,748,858
Sec. 2.111. Public safety - criminal justice services
Personal services 5,708,438
Operating expenses 3,129,222
Grants 3,046,453
Total 11,884,113
Source of funds
General fund 759,697
Transportation fund 4,429,971
Special funds 1,393,043
Federal funds 4,677,888
Interdepartmental transfer 623,514
Total 11,884,113
Sec. 2.112. Public safety - emergency management
Personal services 1,697,752
Operating expenses 1,244,111
Grants 819,400
Total 3,761,263
Source of funds
Transportation fund 63,969
Special funds 167,471
Federal funds 3,529,823
Total 3,761,263
Sec. 2.113. Public safety - fire safety
Personal services 4,381,112
Operating expenses 1,588,040
Grants 55,000
Total 6,024,152
Source of funds
General fund 713,269
Special funds 4,696,464
Federal funds 410,772
Interdepartmental transfer 203,647
Total 6,024,152
Sec. 2.114. Public safety - homeland security
Personal services 4,426,136
Operating expenses 4,998,879
Grants 1,050,000
Total 10,475,015
Source of funds
General fund 431,070
Federal funds 10,043,945
Total 10,475,015
Sec. 2.115. Public safety - emergency management - radiological emergency response plan
Personal services 766,867
Operating expenses 233,666
Grants 736,703
Total 1,737,236
Source of funds
Special funds 1,737,236
Sec. 2.116. Military - administration
Personal services 564,006
Operating expenses 212,324
Grants 200,000
Total 976,330
Source of funds
General fund 976,330
Sec. 2.117. Military - air service contract
Personal services 4,544,156
Operating expenses 1,590,889
Total 6,135,045
Source of funds
General fund 572,037
Federal funds 5,563,008
Total 6,135,045
Sec. 2.118. Military - army service contract
Personal services 3,939,774
Operating expenses 9,174,120
Total 13,113,894
Source of funds
General fund 107,151
Federal funds 13,006,743
Total 13,113,894
Sec. 2.119. Military - building maintenance
Personal services 983,304
Operating expenses 441,925
Total 1,425,229
Source of funds
General fund 1,425,229
Sec. 2.120. Military - veterans' affairs
Personal services 424,833
Operating expenses 157,886
Grants 177,815
Total 760,534
Source of funds
General fund 627,029
Special funds 66,000
Federal funds 67,505
Total 760,534
Sec. 2.121. Center for crime victims services
Personal services 1,404,168
Operating expenses 318,275
Grants 9,624,834
Total 11,347,277
Source of funds
General fund 49,809
Special funds 7,432,390
Federal funds 3,865,078
Total 11,347,277
Sec. 2.122. Criminal justice training council
Personal services 1,160,173
Operating expenses 1,049,893
Total 2,210,066
Source of funds
General fund 1,419,664
Special funds 532,539
Interdepartmental transfer 257,863
Total 2,210,066
Sec. 2.123. Agriculture, food and markets - administration
Personal services 888,375
Operating expenses 383,721
Grants 399,701
Total 1,671,797
Source of funds
General fund 1,120,491
Special funds 382,465
Federal funds 126,841
Interdepartmental transfer 42,000
Total 1,671,797
Sec. 2.124. Agriculture, food and markets - food safety and consumer protection
Personal services 1,963,313
Operating expenses 357,200
Total 2,320,513
Source of funds
General fund 1,176,490
Special funds 647,232
Federal funds 489,791
Interdepartmental transfer 7,000
Total 2,320,513
Sec. 2.125. Agriculture, food and markets - agricultural development
Personal services 642,276
Operating expenses 507,350
Grants 302,500
Total 1,452,126
Source of funds
General fund 827,765
Special funds 380,361
Federal funds 244,000
Total 1,452,126
Sec. 2.126. Agriculture, food and markets - laboratories, agricultural resource management and environmental stewardship
Personal services 3,840,687
Operating expenses 621,088
Grants 5,000,000
Total 9,461,775
Source of funds
General fund 2,624,636
Special funds 5,770,556
Federal funds 518,329
Interdepartmental transfer 548,254
Total 9,461,775
Sec. 2.127. Agriculture, food and markets - state stipend
Grants 175,000
Source of funds
General fund 175,000
Sec. 2.128. Agriculture, food and markets - mosquito control
Personal services 20,000
Operating expenses 60,000
Total 80,000
Source of funds
Special funds 80,000
Sec. 2.129. Banking, insurance, securities, and health care administration - administration
Personal services 1,797,764
Operating expenses 43,195
Total 1,840,959
Source of funds
Special funds 1,840,959
Sec. 2.130. Banking, insurance, securities, and health care administration - banking
Personal services 1,099,669
Operating expenses 271,733
Total 1,371,402
Source of funds
Special funds 1,371,402
Sec. 2.131. Banking, insurance, securities, and health care administration - insurance
Personal services 2,809,503
Operating expenses 532,483
Total 3,341,986
Source of funds
Special funds 3,341,986
Sec. 2.132. Banking, insurance, securities, and health care administration - captive
Personal services 3,086,100
Operating expenses 506,991
Total 3,593,091
Source of funds
Special funds 3,593,091
Sec. 2.133. Banking, insurance, securities, and health care administration - securities
Personal services 506,876
Operating expenses 157,690
Total 664,566
Source of funds
Special funds 664,566
Sec. 2.134. Banking, insurance, securities, and health care administration - health care administration
Personal services 4,302,953
Operating expenses 391,959
Total 4,694,912
Source of funds
General fund 308,251
Special funds 2,487,837
Global Commitment fund 1,898,824
Total 4,694,912
Sec. 2.135. Secretary of state
Personal services 5,122,855
Operating expenses 2,059,394
Grants 1,000,000
Total 8,182,249
Source of funds
General fund 1,765,725
Special funds 4,341,524
Federal funds 2,000,000
Interdepartmental transfer 75,000
Total 8,182,249
Sec. 2.136. Public service - regulation and energy
Personal services 4,981,246
Operating expenses 690,524
Grants 5,770,007
Total 11,441,777
Source of funds
Special funds 10,248,977
Federal funds 1,157,800
Interdepartmental transfer 35,000
Total 11,441,777
Sec. 2.137. Public service - purchase and sale of power
Personal services 18,484
Operating expenses 1,516
Total 20,000
Source of funds
Special funds 20,000
Sec. 2.138. Public service board
Personal services 2,557,376
Operating expenses 300,000
Total 2,857,376
Source of funds
Special funds 2,857,376
Sec. 2.139. Enhanced 9-1-1 Board
Personal services 1,736,061
Operating expenses 1,925,191
Grants 1,823,443
Total 5,484,695
Source of funds
Special funds 5,484,695
Sec. 2.141. Human rights commission
Personal services 391,204
Operating expenses 91,961
Total 483,165
Source of funds
General fund 312,426
Federal funds 170,739
Total 483,165
Sec. 2.142. Liquor control - administration
Personal services 1,476,488
Operating expenses 422,089
Total 1,898,577
Source of funds
Enterprise funds 1,694,577
Interdepartmental transfer 204,000
Total 1,898,577
Sec. 2.143. Liquor control - enforcement and licensing
Personal services 1,818,624
Operating expenses 393,848
Total 2,212,472
Source of funds
Tobacco fund 289,645
Enterprise funds 1,922,827
Total 2,212,472
Sec. 2.144. Liquor control - warehousing and distribution
Personal services 747,105
Operating expenses 370,808
Total 1,117,913
Source of funds
Enterprise funds 1,117,913
Sec. 2.145. Total protection to persons and
property 256,999,660
Source of funds
General fund 90,404,831
Transportation fund 32,725,324
Special funds 66,951,903
Tobacco fund 619,645
Global Commitment fund 1,898,824
Federal funds 49,775,682
Enterprise funds 4,735,317
Interdepartmental transfer 9,888,134
Total 256,999,660
Sec. 2.201. Agency of human services - secretary's office
Personal services 6,977,471
Operating expenses 3,004,134
Grants 3,671,153
Total 13,652,758
Source of funds
General fund 4,360,112
Special funds 7,517
Tobacco funds 397,021
Federal funds 5,183,280
Interdepartmental transfer 3,704,828
Total 13,652,758
Sec. 2.202. Secretary's office - Global Commitment
Grants 909,022,731
Source of funds
General fund 132,807,629
Special fund 16,261,307
Tobacco fund 39,487,801
State health care resources fund 147,623,246
Catamount fund 8,186,672
Federal funds 564,293,422
Interdepartmental transfer 362,654
Total 909,022,731
Sec. 2.203. Rate setting
Personal services 776,648
Operating expenses 76,959
Total 853,607
Source of funds
Global Commitment funds 853,607
Sec. 2.204. Developmental disabilities council
Personal services 207,538
Operating expenses 45,452
Grants 245,000
Total 497,990
Source of funds
Federal funds 497,990
Sec. 2.205. Human services board
Personal services 284,719
Operating expenses 65,106
Total 349,825
Source of funds
General fund 50,030
Federal funds 12,254
Interdepartmental transfer 287,541
Total 349,825
Sec. 2.206. Office of Vermont health access - administration
Personal services 32,033,668
Operating expenses 2,724,407
Grants 1,196,000
Total 35,954,075
Source of funds
General fund 75,246
Global Commitment fund 34,428,247
Catamount fund 750,582
Federal funds 700,000
Total 35,954,075
Sec. 2.207. Office of Vermont health access - Medicaid program - Global Commitment
Grants 461,385,056
Source of funds
Global Commitment fund 461,385,056
Sec. 2.208. Office of Vermont health access - Medicaid program - long-term care waiver
Grants 194,755,729
Source of funds
General fund 79,168,224
Federal funds 115,587,505
Total 194,755,729
Sec. 2.209. Office of Vermont health access - Medicaid program - state only
Grants 55,086,870
Source of funds
General funds 35,376,640
Global Commitment fund 1,383,714
Catamount fund 18,326,516
Total 55,086,870
Sec. 2.210. Office of Vermont health access - Medicaid non-waiver matched
Grants 44,448,317
Source of funds
General funds 16,068,046
Federal funds 28,380,271
Total 44,448,317
Sec. 2.211. Health - administration and support
Personal services 6,409,341
Operating expenses 2,582,888
Grants 2,902,000
Total 11,894,229
Source of funds
General fund 651,479
Special funds 24,743
Global Commitment fund 4,860,720
Federal funds 6,285,287
Interdepartmental transfer 72,000
Total 11,894,229
Sec. 2.211.1 Health - public health
Personal services 36,310,118
Operating expenses 7,326,174
Grants 34,895,747
Total 78,532,039
Source of funds
General fund 5,090,652
Special fund 6,362,319
Tobacco fund 2,780,225
Global Commitment fund 24,048,864
Catamount fund 3,250,000
Federal funds 36,397,848
Permanent trust funds 10,000
Interdepartmental transfer 592,131
Total 78,532,039
Sec. 2.212. [DELETED]
Sec. 2.213. [DELETED]
Sec. 2.214. [DELETED]
Sec. 2.215. [DELETED]
Sec. 2.216. [DELETED]
Sec. 2.217. Health - alcohol and drug abuse programs
Personal services 3,372,335
Operating expenses 811,106
Grants 27,528,671
Total 31,712,112
Source of funds
General fund 3,413,874
Special funds 236,210
Tobacco funds 2,382,834
Global Commitment fund 16,840,983
Federal funds 8,688,211
Interdepartmental transfer 150,000
Total 31,712,112
Sec. 2.218. [DELETED]
Sec. 2.219. Mental health - mental health
Personal services 4,963,769
Operating expenses 614,618
Grants 132,073,344
Total 137,651,731
Source of funds
General fund 703,540
Global Commitment fund 132,849,352
Federal funds 4,078,839
Interdepartmental transfer 20,000
Total 137,651,731
Sec. 2.220. Mental health - Vermont state hospital
Personal services 19,922,915
Operating expenses 1,821,721
Grants 3,000
Total 21,747,636
Source of funds
General fund 14,227,636
Special funds 170,000
Global Commitment fund 7,000,000
Federal funds 50,000
Interdepartmental transfer 300,000
Total 21,747,636
Sec. 2.221. Department for children and families - administration & support services
Personal services 33,227,280
Operating expenses 6,655,247
Grants 1,450,215
Total 41,332,742
Source of funds
General fund 12,422,107
Global Commitment fund 14,698,891
Catamount fund 560,036
Federal funds 13,651,708
Total 41,332,742
Sec. 2.222. Department for children and families - family services
Personal services 21,476,718
Operating expenses 3,330,327
Grants 64,337,283
Total 89,144,328
Source of funds
General fund 17,308,746
Special funds 1,938,367
Tobacco funds 275,000
Global Commitment fund 43,690,692
Federal funds 25,669,650
Interdepartmental transfer 261,873
Total 89,144,328
Sec. 2.223. Department for children and families - child development
Personal services 3,338,891
Operating expenses 843,660
Grants 51,064,583
Total 55,247,134
Source of funds
General fund 23,228,747
Special funds 865,000
Global Commitment fund 4,289,469
Federal funds 26,724,411
Interdepartmental transfer 139,507
Total 55,247,134
Sec. 2.224. Department for children and families - office of child support
Personal services 8,768,046
Operating expenses 3,890,320
Total 12,658,366
Source of funds
General fund 2,690,872
Special funds 455,718
Federal funds 9,124,176
Interdepartmental transfer 387,600
Total 12,658,366
Sec. 2.225. Department for children and families - aid to aged, blind and disabled
Personal services 1,801,009
Grants 9,989,580
Total 11,790,589
Source of funds
General fund 8,040,589
Global Commitment fund 3,750,000
Total 11,790,589
Sec. 2.226. Department for children and families - general assistance
Grants 4,401,516
Source of funds
General fund 2,950,196
Global Commitment fund 340,000
Federal funds 1,111,320
Total 4,401,516
Sec. 2.227. Department for children and families - food stamp cash out
Grants 10,710,133
Source of funds
Federal funds 10,710,133
Sec. 2.228. Department for children and families - reach up
Grants 40,298,530
Source of funds
General fund 13,815,723
Special funds 18,200,000
Federal funds 8,282,807
Total 40,298,530
Sec. 2.229. Department for children and families - home heating fuel assistance/LIHEAP
Personal services 20,000
Operating expenses 90,000
Grants 11,502,664
Total 11,612,664
Source of funds
Federal funds 11,612,664
Sec. 2.230. Department for children and families - office of economic opportunity
Personal services 235,441
Operating expenses 81,555
Grants 4,952,562
Total 5,269,558
Source of funds
General fund 1,372,103
Special funds 57,340
Federal funds 3,797,615
Interdepartmental transfer 42,500
Total 5,269,558
Sec. 2.231. Department for children and families - OEO - weatherization assistance
Personal services 164,613
Operating expenses 133,014
Grants 8,735,000
Total 9,032,627
Source of funds
Special funds 7,886,609
Federal funds 1,146,018
Total 9,032,627
Sec. 2.232. Department for children and families - Woodside rehabilitation center
Personal services 2,899,574
Operating expenses 649,151
Total 3,548,725
Source of funds
General fund 3,493,833
Interdepartmental transfer 54,892
Total 3,548,725
Sec. 2.233. Department for children and families - disability determination services
Personal services 3,330,894
Operating expenses 573,898
Total 3,904,792
Source of funds
Global Commitment funds 246,517
Federal funds 3,658,275
Total 3,904,792
Sec. 2.234. Department for children and families – children’s trust fund
Grants 345,891
Source of funds
General fund 100,651
Special funds 75,000
Federal funds 170,240
Total 345,891
Sec. 2.235. Disabilities, aging, and independent living - administration & support
Personal services 24,187,650
Operating expenses 3,732,463
Total 27,920,113
Source of funds
General fund 6,709,033
Special Funds 941,685
Global Commitment fund 6,254,872
Federal funds 11,524,001
Interdepartmental transfer 2,490,522
Total 27,920,113
Sec. 2.236. Disabilities, aging, and independent living - advocacy and independent living
Grants 21,455,103
Source of funds
General fund 10,006,493
Global Commitment fund 3,355,319
Federal funds 7,655,791
Interdepartmental transfer 437,500
Total 21,455,103
Sec. 2.237. Disabilities, aging, and independent living - blind and visually impaired
Grants 1,486,457
Source of funds
General fund 364,064
Special funds 223,450
Global Commitment fund 250,000
Federal funds 648,943
Total 1,486,457
Sec. 2.238. Disabilities, aging, and independent living - vocational rehabilitation
Grants 5,921,471
Source of funds
General fund 1,495,695
Federal funds 4,132,389
Interdepartmental transfer 293,387
Total 5,921,471
Sec. 2.239. Disabilities, aging, and independent living - developmental services
Grants 138,705,970
Source of funds
General fund 185,693
Special funds 185,463
Global Commitment fund 137,964,074
Federal funds 370,740
Total 138,705,970
Sec. 2.240. Disabilities, aging, and independent living - TBI home and community based waiver
Grants 4,127,448
Source of funds
Global Commitment fund 4,127,448
Sec. 2.241. Corrections - administration
Personal services 2,022,147
Operating expenses 315,394
Total 2,337,541
Source of funds
General fund 2,337,541
Sec. 2.242. Corrections - parole board
Personal services 317,373
Operating expenses 62,076
Total 379,449
Source of funds
General fund 379,449
Sec. 2.243. Corrections - correctional education
Personal services 4,032,390
Operating expenses 342,079
Total 4,374,469
Source of funds
General fund 3,476,001
Special funds 500,000
Interdepartmental transfer 398,468
Total 4,374,469
Sec. 2.244. Corrections - correctional services
Personal services 77,382,681
Operating expenses 32,273,859
Grants 1,695,800
Total 111,352,340
Source of funds
General fund 106,870,826
Special funds 633,963
Tobacco fund 87,500
Global Commitment fund 3,094,144
Federal funds 584,861
Interdepartmental transfer 81,046
Total 111,352,340
Sec. 2.245. Corrections - correctional services - out-of-state beds
Operating expenses 12,158,493
Source of funds
General fund 12,158,493
Sec. 2.246. Corrections - correctional facilities- recreation
Personal services 603,012
Operating expenses 523,986
Total 1,126,998
Source of funds
General fund 125,000
Special funds 1,001,998
Total 1,126,998
Sec. 2.247. Corrections - Vermont offender work program
Personal services 1,372,913
Operating expenses 1,909,635
Total 3,282,548
Source of funds
Internal service funds 3,282,548
Sec. 2.248. Vermont veterans' home - care and support services
Personal services 14,202,744
Operating expenses 3,294,580
Total 17,497,324
Source of funds
Special funds 10,675,489
Global Commitment fund 881,289
Federal funds 5,940,546
Total 17,497,324
Sec. 2.249. Commission on women
Personal services 218,912
Operating expenses 61,626
Total 280,538
Source of funds
General fund 275,538
Special funds 5,000
Total 280,538
Sec. 2.250. Retired senior volunteer program
Grants 131,096
Source of funds
General fund 131,096
Sec. 2.251. Total human services 2,649,379,658
Source of funds
General fund 521,931,597
Special funds 66,707,178
Tobacco fund 45,410,381
Global Commitment fund 906,593,258
State health care resources fund 147,623,246
Catamount fund 31,073,806
Federal funds 916,671,195
Permanent trust funds 10,000
Internal service funds 3,282,548
Interdepartmental transfer 10,076,449
Total 2,649,379,658
Sec. 2.301. Labor - administration
Personal services 2,460,451
Operating expenses 740,738
Total 3,201,189
Source of funds
General fund 207,148
Special funds 313,558
Catamount fund 78,814
Federal funds 2,304,580
Interdepartmental transfer 297,089
Total 3,201,189
Sec. 2.302. Labor - programs
Personal services 19,338,810
Operating expenses 4,800,562
Grants 1,665,000
Total 25,804,372
Source of funds
General fund 2,100,525
Special funds 2,972,550
Catamount fund 315,258
Federal funds 18,309,290
Interdepartmental transfer 2,106,749
Total 25,804,372
Sec. 2.303. Labor - domestic and sexual violence survivors' transitional employment program
Grants 15,000
Source of funds
Special fund 15,000
Sec. 2.304. Total labor 29,020,561
Source of funds
General fund 2,307,673
Special funds 3,301,108
Catamount fund 394,072
Federal funds 20,613,870
Interdepartmental transfer 2,403,838
Total 29,020,561
Sec. 2.305. Education - finance and administration
Personal services 5,161,711
Operating expenses 1,713,880
Grants 10,757,117
Total 17,632,708
Source of funds
General fund 3,506,583
Special funds 11,383,118
Global Commitment fund 845,143
Federal funds 1,890,747
Interdepartmental transfer 7,117
Total 17,632,708
Sec. 2.306. Education - education services
Personal services 12,608,878
Operating expenses 1,889,869
Grants 111,549,873
Total 126,048,620
Source of funds
General fund 7,766,318
Transportation fund 127,483
Special funds 1,985,599
Federal funds 116,144,125
Interdepartmental transfer 25,095
Total 126,048,620
Sec. 2.307. Education - special education: formula grants
Grants 142,687,975
Source of funds
Education fund 142,457,975
Global Commitment fund 230,000
Total 142,687,975
Sec. 2.308 Education - state-placed students
Grants 15,767,500
Source of funds
Education fund 15,767,500
Sec. 2.309. Education - adult education and literacy
Grants 5,315,885
Source of funds
General fund 2,690,224
Education fund 1,750,000
Federal funds 875,661
Total 5,315,885
Sec. 2.310. Education - adjusted education payment
Grants 1,115,355,604
Source of funds
Education fund 1,115,355,604
Sec. 2.311. Education - transportation
Grants 15,002,711
Source of funds
Education fund 15,002,711
Sec. 2.312. Education - small school grants
Grants 6,565,714
Source of funds
Education fund 6,565,714
Sec. 2.313. Education - capital debt service aid
Grants 218,540
Source of funds
Education fund 218,540
Sec. 2.314. Education - tobacco litigation
Personal services 142,152
Operating expenses 18,114
Grants 835,402
Total 995,668
Source of funds
Tobacco fund 995,668
Sec. 2.315. Education - essential early education grant
Grants 5,517,841
Source of funds
Education fund 5,517,841
Sec. 2.316. Education - technical education
Grants 12,411,841
Source of funds
Education fund 12,411,841
Sec. 2.317. Education - Act 117 cost containment
Personal services 1,118,415
Operating expenses 121,307
Grants 91,000
Total 1,330,722
Source of funds
Special funds 1,330,722
Sec. 2.318. Appropriation and transfer to education fund
General fund 291,127,800
Sec. 2.319. State teachers' retirement system
Personal services 24,127,088
Operating expenses 891,713
Grants 33,549,097
Total 58,567,898
Source of funds
General fund 33,549,097
Pension trust funds 25,018,801
Total 58,567,898
Sec. 2.320. Total general education 1,814,547,027
Source of funds
General fund 338,640,022
Transportation fund 127,483
Education fund 1,315,047,726
Special funds 14,699,439
Tobacco fund 995,668
Global Commitment fund 1,075,143
Federal funds 118,910,533
Pension trust funds 25,018,801
Interdepartmental transfer 32,212
Total 1,814,547,027
Sec. 2.321. University of Vermont
Grants 42,271,844
Source of funds
General fund 38,265,688
Global Commitment fund 4,006,156
Total 42,271,844
Sec. 2.322. University of Vermont- Morgan Horse Farm
Grants 5,638
Source of funds
General fund 5,638
Sec. 2.323. Vermont public television
Grants 645,737
Source of funds
General fund 645,737
Sec. 2.324. Vermont state colleges
Grants 24,120,014
Source of funds
General fund 24,120,014
Sec. 2.325. Vermont state colleges - allied health
Grants 1,096,168
Source of funds
General fund 690,761
Global Commitment fund 405,407
Total 1,096,168
Sec. 2.326 Vermont interactive television
Grants 879,617
Source of funds
General fund 879,617
Sec. 2.327. Vermont student assistance corporation
Grants 19,153,758
Source of funds
General fund 19,153,758
Sec. 2.328. New England higher education compact
Grants 84,000
Source of funds
General fund 84,000
Sec. 2.329. Total higher education and
other 88,256,776
Source of funds
General fund 83,845,213
Global Commitment fund 4,411,563
Total 88,256,776
Sec. 2.401. Agency of natural resources - administration
Personal services 4,952,784
Operating expenses 1,699,422
Total 6,652,206
Source of funds
General fund 4,983,666
Special funds 1,118,202
Federal funds 363,372
Interdepartmental transfer 186,966
Total 6,652,206
Sec. 2.402. Connecticut river watershed advisory commission
Grants 60,000
Source of funds
General fund 60,000
Sec. 2.403. Citizens' advisory committee on Lake Champlain's future
Personal services 3,600
Operating expenses 3,900
Total 7,500
Source of funds
General fund 7,500
Sec. 2.404. Natural resources - state land local property tax assessment
Operating expenses 2,008,000
Source of funds
General fund 1,746,500
Interdepartmental transfer 261,500
Total 2,008,000
Sec. 2.405. Green up
Operating expenses 5,550
Grants 10,550
Total 16,100
Source of funds
General fund 5,550
Special funds 10,550
Total 16,100
Sec. 2.406. Fish and wildlife - support and field services
Personal services 12,028,245
Operating expenses 4,510,355
Grants 800,000
Total 17,338,600
Source of funds
General fund 1,855,348
Fish and wildlife fund 15,246,252
Interdepartmental transfer 237,000
Total 17,338,600
Sec. 2.407. Fish and wildlife - watershed improvement
Grants 100,000
Source of funds
Fish and wildlife fund 100,000
Sec. 2.408. Forests, parks and recreation - administration
Personal services 1,065,106
Operating expenses 637,346
Grants 1,861,600
Total 3,564,052
Source of funds
General fund 1,253,052
Special funds 1,406,000
Federal funds 905,000
Total 3,564,052
Sec. 2.409. Forests, parks and recreation - forestry
Personal services 4,657,620
Operating expenses 593,488
Grants 393,000
Total 5,644,108
Source of funds
General fund 4,017,108
Special funds 360,000
Federal funds 1,240,000
Interdepartmental transfer 27,000
Total 5,644,108
Sec. 2.410. Forests, parks and recreation - state parks
Personal services 5,412,517
Operating expenses 2,171,558
Grants 7,000
Total 7,591,075
Source of funds
General fund 1,231,181
Special funds 6,359,894
Total 7,591,075
Sec. 2.411. Forests, parks and recreation - lands administration
Personal services 437,682
Operating expenses 1,221,534
Total 1,659,216
Source of funds
General fund 429,216
Special fund 145,000
Federal funds 1,050,000
Interdepartmental transfer 35,000
Total 1,659,216
Sec. 2.412. Forests, parks and recreation - youth conservation corps
Personal services 304,459
Operating expenses 9,593
Grants 450,000
Total 764,052
Source of funds
General fund 50,000
Special funds 370,052
Federal funds 94,000
Interdepartmental transfer 250,000
Total 764,052
Sec. 2.413. Forests, parks and recreation - forest highway maintenance
Personal services 222,978
Operating expenses 101,000
Total 323,978
Source of funds
General fund 323,978
Sec. 2.414. Environmental conservation - management and support services
Personal services 3,049,394
Operating expenses 843,239
Grants 81,524
Total 3,974,157
Source of funds
General fund 1,008,234
Special funds 922,426
Federal funds 1,132,701
Interdepartmental transfer 910,796
Total 3,974,157
Sec. 2.415. Environmental conservation - air and waste management
Personal services 7,760,975
Operating expenses 6,181,405
Grants 1,411,000
Total 15,353,380
Source of funds
General fund 949,699
Special funds 11,121,126
Federal funds 3,108,570
Interdepartmental transfer 173,985
Total 15,353,380
Sec. 2.416. Environmental conservation - office of water programs
Personal services 14,086,391
Operating expenses 2,248,955
Grants 2,154,666
Total 18,490,012
Source of funds
General fund 7,105,906
Special funds 4,437,205
Federal funds 6,481,901
Interdepartmental transfer 465,000
Total 18,490,012
Sec. 2.417. Environmental conservation - tax loss Connecticut river flood control
Operating expenses 40,000
Source of funds
Special funds 40,000
Sec. 2.418. Natural resources board
Personal services 2,465,153
Operating expenses 345,108
Total 2,810,261
Source of funds
General fund 965,755
Special funds 1,844,506
Total 2,810,261
Sec. 2.419. Total natural resources 86,396,697
Source of funds
General fund 25,992,693
Fish and wildlife fund 15,346,252
Special funds 28,134,961
Federal funds 14,375,544
Interdepartmental transfer 2,547,247
Total 86,396,697
Sec. 2.501. Agency of commerce and community development - administration
Personal services 2,026,671
Operating expenses 639,041
Grants 1,146,200
Total 3,811,912
Source of funds
General fund 2,911,912
Federal funds 800,000
Interdepartmental transfer 100,000
Total 3,811,912
Sec. 2.502. Housing and community affairs
Personal services 2,302,051
Operating expenses 381,619
Grants 4,418,864
Total 7,102,534
Source of funds
General fund 1,393,684
Special funds 4,021,100
Federal funds 1,687,750
Total 7,102,534
Sec. 2.503. Historic sites - operations
Personal services 610,229
Operating expenses 298,325
Grants 3,000
Total 911,554
Source of funds
General fund 541,902
Special funds 369,652
Total 911,554
Sec. 2.504. Historic sites - special improvements
Personal services 304,537
Operating expenses 153,242
Total 457,779
Source of funds
Special funds 50,000
Federal funds 283,068
Interdepartmental transfer 124,711
Total 457,779
Sec. 2.505. Community development block grants
Grants 7,446,530
Source of funds
Federal funds 7,446,530
Sec. 2.506. Downtown transportation and capital improvement fund
Personal services 70,035
Grants 329,965
Total 400,000
Source of funds
Special funds 400,000
Sec. 2.507. Economic development
Personal services 1,924,000
Operating expenses 806,925
Grants 1,588,979
Total 4,319,904
Source of funds
General fund 3,544,554
Special funds 475,350
Federal funds 300,000
Total 4,319,904
Sec. 2.508. Vermont training program
Personal services 125,474
Operating expenses 33,754
Grants 1,483,621
Total 1,642,849
Source of funds
General fund 1,607,849
Special funds 35,000
Total 1,642,849
Sec. 2.509. Tourism and marketing
Personal services 1,670,581
Operating expenses 2,069,778
Grants 367,000
Total 4,107,359
Source of funds
General fund 4,101,359
Special funds 6,000
Total 4,107,359
Sec. 2.510. Vermont life
Personal services 667,074
Operating expenses 100,900
Total 767,974
Source of funds
Enterprise funds 767,974
Sec. 2.511. Vermont council on the arts
Grants 559,258
Source of funds
General fund 559,258
Sec. 2.512. Vermont symphony orchestra
Grants 125,402
Source of funds
General fund 125,402
Sec. 2.513. Vermont historical society
Grants 849,050
Source of funds
General fund 849,050
Sec. 2.514. Vermont housing and conservation board
Grants 26,350,369
Source of funds
Special funds 14,368,258
Federal funds 11,982,111
Total 26,350,369
Sec. 2.515. Vermont humanities council
Grants 190,239
Source of funds
General fund 190,239
Sec. 2.516. Total commerce and community
development 59,042,713
Source of funds
General fund 15,825,209
Special funds 19,725,360
Federal funds 22,499,459
Enterprise funds 767,974
Interdepartmental transfer 224,711
Total 59,042,713
Sec. 2.601. Transportation - finance and administration
Personal services 9,314,503
Operating expenses 2,560,917
Total 11,875,420
Source of funds
Transportation fund 11,375,420
Federal funds 500,000
Total 11,875,420
Sec. 2.602. Transportation - aviation
Personal services 1,928,595
Operating expenses 7,336,829
Grants 160,000
Total 9,425,424
Source of funds
Transportation fund 2,207,424
Federal funds 7,218,000
Total 9,425,424
Sec. 2.603. Transportation - buildings
Personal services 72,000
Operating expenses 1,574,000
Total 1,646,000
Source of funds
Transportation fund 1,646,000
Sec. 2.604. Transportation - program development
Personal services 35,192,941
Operating expenses 106,514,171
Grants 23,370,050
Total 165,077,162
Source of funds
Transportation fund 28,465,101
Local match 1,476,992
Federal funds 131,223,819
Interdepartmental transfer 3,911,250
Total 165,077,162
Sec. 2.605. Transportation - rest areas
Personal services 100,000
Operating expenses 3,850,000
Total 3,950,000
Source of funds
Transportation fund 417,300
Federal funds 3,532,700
Total 3,950,000
Sec. 2.606. Transportation - maintenance state system
Personal services 32,012,562
Operating expenses 31,632,292
Grants 316,020
Total 63,960,874
Source of funds
Transportation fund 60,295,608
Federal funds 3,565,266
Interdepartmental transfer 100,000
Total 63,960,874
Sec. 2.607. Transportation - policy and planning
Personal services 4,383,915
Operating expenses 1,234,291
Grants 5,404,744
Total 11,022,950
Source of funds
Transportation fund 1,983,875
Federal funds 8,639,075
Interdepartmental transfer 400,000
Total 11,022,950
Sec. 2.608. Transportation - rail
Personal services 7,574,901
Operating expenses 9,220,000
Total 16,794,901
Source of funds
Transportation fund 8,538,901
Federal funds 8,256,000
Total 16,794,901
Sec. 2.609. Transportation - bridge maintenance
Operating expenses 12,448,348
Source of funds
Transportation fund 3,008,456
Federal funds 9,439,892
Total 12,448,348
Sec. 2.610. Transportation - public transit
Personal services 646,295
Operating expenses 58,784
Grants 19,014,142
Total 19,719,221
Source of funds
Transportation fund 6,677,897
Federal funds 13,041,324
Total 19,719,221
Sec. 2.611. Transportation - central garage
Personal services 3,305,508
Operating expenses 11,625,266
Total 14,930,774
Source of funds
Internal service funds 14,930,774
Sec. 2.612. Department of motor vehicles
Personal services 17,549,186
Operating expenses 8,037,725
Grants 339,000
Total 25,925,911
Source of funds
Transportation fund 23,854,657
Federal funds 2,071,254
Total 25,925,911
Sec. 2.613. Transportation - town highway structures
Grants 3,833,500
Source of funds
Transportation fund 3,833,500
Sec. 2.614. Transportation - town highway Vermont local roads
Grants 375,000
Source of funds
Transportation fund 235,000
Federal funds 140,000
Total 375,000
Sec. 2.615. Transportation - town highway class 2 roadway
Grants 6,448,750
Source of funds
Transportation fund 6,448,750
Sec. 2.616. Transportation - town highway bridges
Personal services 3,650,000
Operating expenses 13,570,089
Grants 382,200
Total 17,602,289
Source of funds
Transportation fund 2,465,134
Local match 1,076,319
Federal funds 14,060,836
Total 17,602,289
Sec. 2.617. Transportation - town highway aid program
Grants 24,982,744
Source of funds
Transportation fund 24,982,744
Sec. 2.618. Transportation - town highway class 1 supplemental grants
Grants 128,750
Source of funds
Transportation fund 128,750
Sec. 2.618.1. Transportation - town highway emergency fund
Grants 250,000
Source of funds
Transportation fund 250,000
Sec. 2.619. Transportation - municipal mitigation grant program
Grants 2,112,998
Source of funds
Transportation fund 247,998
Federal funds 1,865,000
Total 2,112,998
Sec. 2.620. Transportation - public assistance grant program
Grants 200,000
Source of funds
Federal funds 200,000
Sec. 2.621. Transportation board
Personal services 78,185
Operating expenses 11,806
Total 89,991
Source of funds
Transportation fund 89,991
Sec. 2.622. Total transportation 412,801,007
Source of funds
Transportation fund 187,152,506
Local match 2,553,311
Federal funds 203,753,166
Internal service funds 14,930,774
Interdepartmental transfer 4,411,250
Total 412,801,007
Sec. 2.701. Debt service
Debt service 71,459,051
Source of funds
General fund 67,048,726
Transportation fund 1,914,650
Special funds 2,495,675
Total 71,459,051
Sec. 2.702. Total debt service 71,459,051
Source of funds
General fund 67,048,726
Transportation fund 1,914,650
Special funds 2,495,675
Total 71,459,051
Sec. 2.801. FISCAL YEAR 2009 NEXT GENERATION APPROPRIATIONS
(a) In fiscal year 2009, the following amount is appropriated from special funds:
(1) from the next generation initiative fund, created in 16 V.S.A. § 2887: 8,000,000
Sec. 2.802. FISCAL YEAR 2009 ONE-TIME APPROPRIATIONS
(a) In fiscal year 2009, the following amounts are appropriated from the general fund:
(1) to the legislature, for planning and preparation for the 2009 council of state governments northeast regional meeting in Vermont: 100,000
(2) to the department of tourism and marketing, for the Vermont Quadricentennial: 50,000
(3) to the department of economic development, for regional development corporations: 75,000
(4) to the department of education, for science assessments: 300,000
(5) to the Vermont economic development authority, for targeted emergency financing assistance: 500,000
Sec. 2.802.1. FISCAL YEAR 2009 GENERAL FUND APPROPRIATIONS REDUCTIONS AS SPECIFIED IN DETAIL IN SEC. 5.006
(a) Agency of commerce and community development: (500,000)
(b) Discretionary Spending: (60,000)
(c) Travel: (998,627)
Sec. 2.803. SETTLEMENT CONTINGENT APPROPRIATIONS (Sec. 5.802.)
(a) Vermont housing and conservation board per Sec. 5.802(a)(1): 1,000,000
(b) Higher education institutions per Sec. 5.802(a)(2): 2,266,045
(c) Vermont state teachers’ retirement fund per Sec. 5.802(a)(3): 2,300,000
Sec. 3.001. [DELETED]
Sec. 3.002. [DELETED]
Sec. 3.003. FISCAL YEAR 2008 GENERAL FUND CONTINGENT APPROPRIATIONS, TRANSFERS AND RESERVES (Sec. 5.803)
(a) Secretary of state for the 2008 elections per Sec. 5.803(a)(3)(A): 450,000
(b) Economic recovery and opportunity initiatives per Sec. 5.803(a)(3)(B): 2,000,000
(c) Agency of human services for Global Commitment per Sec. 5.803(a)(3)(C): 5,400,000
(d) Fuel assistance per Sec. 5.803(a)(3)(D): 4,000,000
Sec. 4.001. APPROPRIATIONS; PROPERTY TRANSFER TAX
(a) This act contains the following amounts appropriated from special funds that receive revenue from the property transfer tax. Expenditures from these appropriations shall not exceed available revenues. Notwithstanding Sec. 266(a)(4) of No. 65 of the Acts of 2007:
(1) The sum of $314,503 is appropriated from the property valuation and review administration special fund to the department of taxes for administration of the use tax reimbursement program. Notwithstanding 32 V.S.A. § 9610(c), amounts above $314,503 from the property transfer tax that are deposited into the property valuation and review administration special fund shall be transferred into the general fund.
(2) The sum of $13,383,258 is appropriated from the Vermont housing and conservation trust fund to the Vermont housing and conservation trust board. Notwithstanding 10 V.S.A. § 312, amounts above $13,383,258 from the property transfer tax that are deposited into the Vermont housing and conservation trust fund shall be transferred into the general fund.
(3) The sum of $4,302,105 is appropriated from the municipal and regional planning fund. Notwithstanding 24 V.S.A. § 4306(a), amounts above $4,302,105 from the property transfer tax that are deposited into the municipal and regional planning fund shall be transferred into the general fund. The $4,302,105 shall be allocated as follows:
(A) $3,011,473 for disbursement to regional planning commissions in a manner consistent with 24 V.S.A. § 4306(b);
(B) $860,421 for disbursement to municipalities in a manner consistent with 24 V.S.A. § 4306(b);
(C) $430,210 to the Vermont center for geographic information.
(4) It is the intent of the general assembly that in fiscal year 2010, the appropriations in this subsection shall increase by at least 4.5 percent.
Sec. 4.002. FUND TRANSFERS
(a) The following amounts are transferred from the funds indicated:
(1) from the general fund to the:
(A) communications and information technology internal service fund established by 22 V.S.A. § 902a: $400,000.
(B) Catamount fund established by 33 V.S.A. § 1986: $1,800,000.
(C) next generation initiative fund established by 16 V.S.A. § 2887: $8,000,000.
(2) from the transportation fund to the:
(A) downtown transportation and related capital improvement fund established by 24 V.S.A. § 2796 to be used by the Vermont downtown development board for the purposes of the fund: $400,000.
(3) Transfers to the general fund from the following funds are as follows:
(A) single audit internal service fund: $60,000;
(B) financial management internal service fund: $140,969;
(C) securities regulatory and supervision special fund: $112,000;
(D) crime victims’ restitution fund: $15,000;
(E) insurance regulatory and supervision fund: $104,650.
Sec. 4.002.1. ONE-TIME FUND TRANSFERS FOR FISCAL YEAR 2009 DEFICIT AVOIDANCE AND ECONOMIC RECOVERY AND OPPORTUNITY
(a) In order to avoid a deficit in the general fund in fiscal year 2009 as a result of the April 2008 official revenue forecast revision and notwithstanding all applicable statutes to the contrary, in addition to other transfers and appropriations in this act, the following amounts are transferred to the general fund from the funds indicated:
(1) $2,000,000 from the restitution fund established by 13 V.S.A. § 5363. It is the intent of the general assembly that the restitution fund be repaid.
(2) $650,000 from the tobacco trust fund established by 18 V.S.A. § 9502. These funds are transferred to address the fiscal year 2009 costs of H.887 of 2008, Health Care Reform.
(3) $957,703 from the human services caseload reserve established by 32 V.S.A. § 308b. These funds are unreserved to offset caseload expenditures for developmentally disabled Vermonters graduating from high school and transitioning to adult services and for child care subsidies for Vermont children deemed at risk of abuse and neglect.
(4) $500,000 from the veterans’ home special fund.
(5) $66,807 from the financial management internal service fund.
(6) $2,807,618 from the petroleum cleanup fund established in 10 V.S.A. § 1941 for the purposes of funding economic recovery and opportunity initiatives in Sec. 5.506, Sec. 5.507, and a general sales tax holiday authorized in H.888 of 2008.
(7) $100,000 from the clean energy development fund established in 10 V.S.A. § 6523 for the purpose of offsetting revenue related to a sales tax holiday on energy efficient appliances authorized in H.888 of 2008.
(b) In order to offset the impact of sales tax holidays authorized in H.888 of 2008, $666,600 is transferred from the general fund to the education fund in fiscal year 2009.
Sec. 4.002.2. REVERSION OF GENERAL FUND APPROPRIATION
(a) $80,000 of the funds transferred by the emergency board on July 18, 2006, to agriculture, food and markets – agricultural development, for the temporary farm assistance program, in Dept ID 2200030000, shall revert to the general fund in fiscal year 2009.
(b) $1,000,000 of the funds transferred by the emergency board on August 23, 2007, to the department for children and families for home heating fuel assistance shall revert to the general fund in fiscal year 2009.
Sec. 4.002.3. FISCAL YEAR 2008; ONE-TIME TRANSFER
(a) $200,000 shall be transferred to the general fund from the insurance regulatory and supervision fund in fiscal year 2008, notwithstanding any other provision of law, and in addition to other transfers specified in other legislation.
Sec. 4.003. TOBACCO LITIGATION SETTLEMENT FUND BALANCE
(a) Notwithstanding 18 V.S.A. § 9502(b), the actual balance at the end of fiscal year 2008 in the tobacco litigation settlement fund shall remain for appropriation in fiscal year 2009.
Sec. 4.004. TRANSFER OF TOBACCO TRUST FUNDS
(a) Notwithstanding 18 V.S.A. § 9502(a)(3) and (4), at the close of fiscal year 2009, the secretary of administration may transfer funds from the tobacco trust fund to the tobacco litigation settlement fund established in 32 V.S.A. § 435a, in the amount needed to bring the ending balance of the tobacco litigation settlement fund to $0.00 for fiscal year 2009, but the amount transferred may not exceed the amount withheld from the payment to Vermont by participating manufacturers due in April 2009 under the Master Tobacco Settlement Agreement. Upon release and deposit of the withheld funds into the tobacco litigation settlement fund, an equal amount shall be returned to the tobacco trust fund.
(b) Notwithstanding 18 V.S.A. § 9502(a)(3) and (4), the actual amount of investment earnings of the tobacco trust fund at the end of fiscal year 2008 (estimated to be $1,547,368) and at the end of fiscal year 2009 (estimated to be $1,646,619) shall be transferred from the tobacco trust fund to the tobacco litigation settlement fund for appropriation in fiscal year 2009.
Sec. 5.001. RELATIONSHIP TO EXISTING LAWS
(a) Except as specifically provided, this act shall not be construed in any way to negate or impair the full force and effect of existing laws.
Sec. 5.002. OFFSETTING APPROPRIATIONS
(a) In the absence of specific provisions to the contrary in this act, when total appropriations are offset by estimated receipts, the state appropriations shall control, notwithstanding receipts being greater or less than anticipated.
Sec. 5.003. FEDERAL FUNDS
(a) In fiscal year 2009, the governor, with the approval of the legislature, or the joint fiscal committee if the legislature is not in session, may accept federal funds available to the state of Vermont, including block grants in lieu of or in addition to funds herein designated as federal. The governor, with the approval of the legislature or the joint fiscal committee if the legislature is not in session, may allocate all or any portion of such federal funds for any purpose consistent with the purposes for which the basic appropriations in this act have been made.
(b) If, during fiscal year 2009, federal funds available to the state of Vermont and designated as federal in this and other acts of the 2008 session of the Vermont general assembly are converted into block grants or are abolished under their current title in federal law and reestablished under a new title in federal law, the governor may continue to accept such federal funds for any purpose consistent with the purposes for which the federal funds were appropriated. The governor may spend such funds for such purposes for no more than 45 days prior to legislative or joint fiscal committee approval. Notice shall be given to the joint fiscal committee without delay if the governor intends to use the authority granted by this section, and the joint fiscal committee shall meet in an expedited manner to review the governor's request for approval.
Sec. 5.004. DEPARTMENTAL RECEIPTS
(a) All receipts shall be credited to the general fund except as otherwise provided and except the following receipts, for which this subsection shall constitute authority to credit to special funds:
Connecticut River flood control
Public service department ‑ sale of power
Tax department ‑ unorganized towns and gores
(b) Notwithstanding any other provision of law, departmental indirect cost recoveries (32 V.S.A. § 6) receipts are authorized, subject to the approval of the secretary of administration, to be retained by the department. All recoveries not so authorized shall be covered into the general fund, or, for agency of transportation recoveries, the transportation fund.
Sec. 5.005. NEW POSITIONS
(a) Notwithstanding any other provision of law, the total number of authorized state positions, both classified and exempt, excluding temporary positions as defined in 3 V.S.A. § 311(11), shall not be increased during fiscal year 2009 except for new positions authorized by the 2008 session. Limited service positions approved pursuant to 32 V.S.A. § 5 shall not be subject to this restriction.
Sec. 5.006. Secretary of administration – secretary’s office (Sec. 2.001, #1100010000)
(a) Of this appropriation, $150,000 is made available for grants to be awarded on a competitive basis among the 11 existing regional marketing programs (RMP). In addition to these funds, any prior fiscal year RMP grant funds not awarded shall carry forward into the current fiscal year.
(b) The number of grants and the amount of the grants shall be established by the secretary of administration. Review of the grant applications and award of the grants shall be carried out by the chief marketing officer in conjunction with the secretary of administration.
(c) Following the awards of grants, RMPs shall submit appropriately documented expenses, consistent with the approved grants, to the state for reimbursement.
(d) The secretary of administration is directed to reduce travel budgets throughout the executive branch of state government, thereby reducing operating expense appropriations by $998,627. This shall be accomplished through a combination of general fund reductions and direct applications to the general fund from alternative fund reductions. The secretary shall provide an update to the joint fiscal committee in November 2008 on these reductions.
(e) The secretary of administration is directed to develop and implement a program to provide incentives to increase use of Internet conferencing technology and Vermont interactive television throughout the executive branch of state government in order to reduce operating expenses associated with in-state travel.
(f) The secretary is directed to ensure that any operating expenses of the Vermont racing commission are minimized to the greatest extent possible.
(g) The secretary is directed to instruct all agencies to seek to minimize print and postage expenses by utilizing electronic means of publishing and communications. When providing reports, letters and other communications to the members of the general assembly, agencies and departments are encouraged to use nonpaper means. In regard to annual budget presentations, the administration and legislative staff shall make recommendations to enhance the use of information technology to reduce the use of paper.
(h) The secretary of administration is directed to reduce operating expense general fund appropriations throughout the executive branch of state government by $60,000 for discretionary expenditures such as calendars and logo printed items.
(i) The secretary of administration is directed to reduce the general fund appropriations in the agency of commerce and community development by $500,000. In making this reduction, the secretary shall ensure that general fund grants to organizations included in the agency of commerce and community development budget are reduced by no more than five percent and that the staffing for the downtown and growth centers programs is maintained at adequate levels. The secretary shall update the joint fiscal committee regarding this subsection at the November 2008 meeting.
(j) The secretary of administration, in consultation with the commissioner of buildings and general services and the chief marketing officer, shall examine the potential for saving state funds by establishing a video production service within state government and reducing expenditures by departments on these services. Recommendations resulting from this examination may be included in fiscal year 2010 budget presentations.
(k) The secretary of administration is directed to initiate a program by September 30, 2008 which requires all state employees to receive paperless notification of their direct deposit payroll advice. The secretary and representatives of the Vermont state employees’ association are encouraged to meet to determine the most expeditious and efficient means of implementing this section.
Sec. 5.007. Information and innovation – communications and information technology (Sec. 2.002, #1105500000)
(a) Of this appropriation, $400,000 is for a grant to the Vermont telecommunications authority established in 30 V.S.A. § 8061.
Sec. 5.008. Information and innovation – Vermont information technology leaders (VITL) (Sec. 2.003, #1105003000)
(a) The department of information and innovation (DII) will use the funds appropriated in this section for the Vermont information technology leaders (VITL) to coordinate with the Vermont Blueprint for Health chronic care initiative and other health care-related statewide information technology programs and projects. These programs and projects will provide public health approaches to improve the health outcomes and the quality of life for all Vermonters, including those who are Medicaid-eligible, and encourage the formation and maintenance of public-private partnerships in statewide health information exchange.
Sec. 5.009. Finance and management – financial operations (Sec. 2.005, #1115001000)
(a) Pursuant to 32 V.S.A. § 307(e), financial management fund charges not to exceed $5,853,981, plus the costs of fiscal year 2009 salary increases bargained as part of the state/VSEA agreement, are hereby approved. Of this amount, $1,305,490, plus the costs of fiscal year 2009 salary increases bargained as part of the state/VSEA agreement, will be used to support the HCM system that is operated by the department of human resources technical services division.
Sec. 5.010. Sec. 20 of No. 65 of the Acts of 2007, as amended by Sec. 5 of No. 90 of the Acts of 2008 is further amended to read:
Sec. 20. Buildings and general services-information centers
* * *
(a) Of the above appropriation, up to $50,000 in special funds is
appropriated allocated to facilitate private fund raising for improvements
to the state house in accordance with the conceptual plan dated January 13,
2006. No naming opportunities shall be offered in connection with fund raising
efforts. These funds may not be used to supplant any existing personal service
or operating expenses in state government. This amount shall be appropriated to the commissioner of buildings and
general services. The commissioner shall select an organization to receive and
utilize the funds to engage in private fundraising for improvements to the
state house in accordance with the conceptual plan dated January 13, 2006. The
organization selected to receive the funds shall be an organization exempt from
taxation under 26 U.S.C. § 501(c)(3) or an organization seeking such an
exemption, in which case the funds shall not be disbursed to the organization
until the exemption is received.
Sec. 5.011. Buildings and general services – workers’ compensation insurance (Sec. 2.021, #1160450000)
(a) Pursuant to 32 V.S.A. § 307(e), workers’ compensation fund charges not to exceed $9,086,790 are hereby approved.
Sec. 5.012. Buildings and general services – fee-for-space (Sec. 2.024, #1160550000)
(a) Pursuant to 29 V.S.A. § 160a(b)(3), facilities operations fund charges not to exceed $24,120,426, plus the costs of fiscal year 2009 salary increases bargained as part of the state/VSEA agreement, are hereby approved.
Sec. 5.012.1. Legislature (Sec. 2.029, # 1210002000)
(a) The amount of $31,000 from account # 1210890505 is transferred to agriculture, food and markets – administration for expenditures, notwithstanding Sec. 263(g)(19) of No. 71 of the Acts of 2005.
(b) The chief legislative counsel shall seek to minimize printing expenses for legislative documents, including bills, calendars, and journals by reviewing current policies, the terms of the current printing contract, and available technology to accomplish budgetary savings.
(c) Of this appropriation, $438,000 shall be available for fiscal year 2009 expenditures of the health care reform commission created pursuant to 2 V.S.A. § 901 and $185,000 is allocated for health care information technology research and policy analysis. Consultants hired under this section are supervised by the director of the health care reform commission and the chairs of the house and senate committees on appropriations.
(d) It is the intent of the general assembly that funding for the legislature in fiscal year 2010 and beyond be included at a level sufficient to support an 18 week legislative session.
Sec. 5.012.2. JOINT FISCAL COMMITTEE – NUCLEAR ENERGY ANALYSIS (Sec. 2.031)
(a) The joint fiscal committee may authorize or retain consultant services to assist the general assembly in any proceeding commenced under 30 V.S.A. § 248(e).
(b) Consultants retained pursuant to subsection (a) of this section shall work under the direction of a special committee consisting of the chairs of the house and senate committees on natural resources and energy and the joint fiscal committee.
(c) The public service board shall allocate expenses incurred pursuant to subsection (a) of this section to the applicant or the public service company or companies involved in those proceedings and such allocation and expense may be reviewed by the public service board pursuant to 30 V.S.A. § 21.
Sec. 5.013. State treasurer (Sec. 2.035, #1260010000)
(a) Of this general fund appropriation, $30,000 shall be deposited into the armed services scholarship fund established in 16 V.S.A. § 2541.
Sec. 5.014. Vermont state retirement system (Sec. 2.037, #1265020000)
(a) Notwithstanding 3 V.S.A. § 473(d), in fiscal year 2009, investment fees shall be paid from the corpus of the fund.
Sec. 5.015. Lottery commission (Sec. 2.045, #2310010000)
(a) The lottery commission shall transfer $150,000 to the department of health, office of alcohol and drug abuse programs, to support the gambling addiction program.
(b) The lottery commission shall provide assistance and work with the Vermont council on problem gambling on systems and program development.
Sec. 5.016. Payments in lieu of taxes (Sec. 2.046, #1140020000)
(a) This appropriation is for state payments in lieu of property taxes under subchapter 4 of chapter 123 of Title 32, and the payments shall be calculated in addition to and without regard to the appropriations for PILOT for Montpelier and correctional facilities elsewhere in this act.
Sec. 5.017. Payments in lieu of taxes - Montpelier (Sec. 2.047, #1150800000)
(a) Payments in lieu of taxes under this section shall be paid from the pilot special fund under 32 V.S.A. § 3709.
Sec. 5.018. Payments in lieu of taxes - correctional facilities (Sec. 2.048, #1140030000)
(a) Payments in lieu of taxes under this section shall be paid from the pilot special fund under 32 V.S.A. § 3709.
Sec. 5.101. Attorney general (Sec. 2.101, #2100001000)
(a) Notwithstanding any other provisions of law, the office of the attorney general, Medicaid fraud control unit, is authorized to retain one-half of any civil monetary penalty proceeds from global Medicaid fraud settlements. All penalty funds retained shall be used to finance Medicaid fraud and residential abuse unit activities.
(b) Two (2) full-time exempt Assistant Attorney General positions (#047010, #047007) shall be transferred from the department of human resources to the office of the attorney general.
Sec. 5.101.1. Judiciary (Sec. 2.105, #2120000000)
(a) The general assembly recognizes that the allocation of resources in the judiciary, including judges and staff and operating expenses, is controlled to a great degree by statute and does not always allow flexibility to meet the judiciary’s constitutional responsibilities in the most efficient and effective manner. The general assembly also recognizes that new technologies, including video transmission and electronic documents and filing, provide opportunities to increase efficiency while maintaining or improving access to judicial proceedings. In order to develop specific proposals for consideration of the general assembly, the general assembly requests the supreme court to appoint and convene a commission on judicial operation to consist of members representing the judicial, legislative, and executive branches of government and persons representing the citizens of Vermont in a number to be determined by the court. The chief justice shall appoint the chair. The commission shall expire on June 30, 2010. The commission may obtain funding to contract for staff and research support. The commission shall from time to time make recommendations by report to the senate and house committees on judiciary, and appropriations, the house committee on corrections and institutions, and the senate committee on government operations. By January 15, 2009, the commission shall report to those committees with specific proposals regarding subdivision (1) of this section with accompanying draft legislation to implement those proposals, and by January 15, 2010 shall address all the following areas:
(1) Consolidation of staff, including clerks of courts, paid by the state within the judiciary budget and consolidation of staff functions across courts in individual counties and statewide;
(2) Regionalization of court administrative functions, both those now performed at the state level and those performed at the county level;
(3) Use of technology, including video technology, to reduce unnecessary expenditures, including transport of prisoners, while improving access and maintaining the quality of adjudication;
(4) Flexibility in use of resources to respond to the demands on the judiciary overall and particularly in instances where the amount and nature of demand changes;
(5) Reallocation of jurisdiction between courts, consistent with effective and efficient operation; and
(6) Any other idea for the efficient and effective delivery of judicial services.
(b) $30,000 of this appropriation shall be used for the Vermont sentencing commission recidivism rate analysis by the center for justice research.
Sec. 5.102. Sheriffs (Sec. 2.108, #2130200000)
(a) Of this appropriation, $15,000 shall be transferred to the state's attorneys' office as reimbursement for the cost of the executive director's salary.
Sec. 5.103. Public safety – administration (Sec. 2.109, #2140060000)
(a) The commissioner of public safety shall report to the joint fiscal committee at the committee’s September and November 2008 meetings on the status of the fiscal year 2009 public safety budgets, including management of anticipated budget shortfalls. The report shall:
(1) describe management practices intended to reduce budget shortfall;
(2) project the amount of any anticipated budget shortfalls;
(3) describe the nature of and degree to which public safety efforts have been curtailed in response to the budget shortfall;
(4) include funding history and summary of activities for DUI units.
(b) Of the funds appropriated to the department of public safety, $32,000 shall be used to make a grant to the Essex County sheriff’s department. The commissioner may transfer this amount from line items in this appropriation or other department of public safety appropriations to implement this directive.
Sec. 5.104. Public safety - state police (Sec. 2.110, #2140010000)
(a) Of this appropriation, $35,000 in special funds shall be available for snowmobile law enforcement activities, and $35,000 in general funds shall be available to the southern Vermont wilderness search and rescue team, which comprises state police, the department of fish and wildlife, county sheriffs, and local law enforcement personnel in Bennington, Windham, and Windsor counties for snowmobile enforcement.
(b) Of the $255,000 allocated for local heroin interdiction grants funded in this section, $190,000 shall be used by the Vermont drug task force to fund three (3) town task force officers. These town task force officers will be dedicated to heroin and heroin-related drug (e.g., methadone, oxycontin, crack cocaine, and methamphetamine) enforcement efforts. Of the remaining funds, $50,000 is allocated for the city of Rutland to fund a position for one year. Any additional available funds shall remain as a "pool" available to local and county law enforcement to fund overtime costs associated with heroin investigations. Any unexpended funds from prior fiscal years allocations for local heroin interdiction shall be carried forward.
Sec. 5.105. Public safety - fire safety (Sec. 2.113, #2140040000)
(a) Of this general fund appropriation, $55,000 shall be granted to the Vermont rural fire protection task force for the purpose of designing dry hydrants.
Sec. 5.106. Public safety - emergency management - radiological emergency response plan (Sec. 2.115, #2140080000)
(a) Of this special fund appropriation, up to $30,000 shall be available to contract with any radio station serving the emergency planning zone for the emergency alert system.
Sec. 5.107. Military – administration (Sec. 2.116, #2150010000)
(a) Of this appropriation, $200,000 shall be disbursed to the Vermont student assistance corporation for the national guard educational assistance program established in 16 V.S.A. § 2856.
Sec. 5.108. Military - veterans' affairs (Sec. 2.120, #2150050000)
(a) Of this appropriation, $15,000 shall be used for continuation of the Vermont medal program, $15,000 shall be used for the expenses of the governor's veterans' advisory council, $15,000 shall be used for the Veterans' Day parade, and $5,000 shall be granted to the Vermont state council of the Vietnam Veterans of America to fund the service officer program.
Sec. 5.109. Sec. 78a of No. 65 of the Acts of 2007 is amended to read:
Sec. 78a. MEMORIAL GARDEN; LOAN
* * *
(b) The authorization to lend in subsection (a) of this section is not limited to fiscal year 2008.
Sec. 5.110. Center for crime victims services (Sec. 2.121, #2160010000)
(a) Of the appropriation in this section, $50,000 shall be for a grant to certified batterer intervention programs.
(b) It is the intent of the general assembly that in fiscal year 2010, general funds in the amount of $1,075,000 shall be included in the base budget to replace special funds that will no longer be available for the center for crime victims services. Additionally, it is the intent of the legislature that in fiscal year 2011, the $182,215 grant to the department for children and families for the domestic violence unit, the $150,000 grant to the Vermont network against domestic violence, and the $100,000 grant to the department of corrections victims services be supported with general funds.
(c) Notwithstanding 13 V.S.A. § 5363(d)(1)(A) and in accordance with all other provisions of 13 V.S.A. § 5363 the restitution unit is authorized to advance restitution payments to victims of crime with a valid court order entered on or between January 1, 2000 and June 30, 2004. It is the intent of the general assembly that such payments occur sequentially beginning in fiscal year 2009 and ending in fiscal year 2012. The restitution unit will promulgate rules regarding the payment of funds and the time frame victims will have to make a claim under this provision.
Sec. 5.110.1. Agriculture, food and markets – administration (Sec. 2.123)
(a) The secretary of agriculture, food and markets, in collaboration with the commissioner of labor and the commissioner of the department of banking, insurance, securities, and health care administration, shall continue the efforts made regarding enhancing farm safety. The secretary shall report to the general assembly in January 2009 on the estimated cost of implementing an enhanced program under Sec. 16(b) of No. 38 of the Acts of 2007.
Sec. 5.110.2. Department of banking, insurance, securities, and health care administration - banking (Sec. 2.130)
(a) The commissioner shall establish a toll free mortgage assistance line and shall dedicate a mortgage assistance specialist to staff the assistance line. The line shall provide Vermonters at risk of mortgage default with information and assistance.
(b) The banking division may help Vermonters contact their lenders and assist them in negotiating a 60 day mortgage payment grace period with their lenders.
Sec. 5.111. Department of banking, insurance, securities, and health care administration – health care administration (Sec. 2.134, #2210040000)
(a) The department of banking, insurance, securities, and health care administration (BISHCA) will use the Global Commitment funds appropriated in this section for health care administration for the purpose of funding certain health care-related BISHCA programs, projects, and activities to: reduce the rate of uninsured and/or underinsured persons in Vermont; increase the access of quality health care to uninsured persons, underinsured persons, and Medicaid beneficiaries; and/or encourage the formation and maintenance of public-private partnerships in health care.
Sec. 5.112. Secretary of state (Sec. 2135, # 2230010000)
(a) The corporation division of the secretary of state's office represents $492,991 of this special fund appropriation, and these funds shall be from the securities regulation and supervision fund in accordance with 9 V.S.A. § 5613.
(b) The secretary of state is authorized to spend, in addition to its appropriation in this act, up to $450,000 for the purpose of conducting the 2008 primary and general elections, and it is the intent of the general assembly to provide an additional appropriation in this amount in the fiscal year 2009 budget adjustment act if funding is not available through Sec. 5.803 of this act.
Sec. 5.113. Enhanced 9-1-1 Board (Sec. 2.139, #2260001000)
(a) Of this appropriation, $1,823,443 shall be transferred to the department of public safety for 911 call-takers at public safety answering points operated by the department of public safety.
Sec. 5.201. Agency of human services – secretary’s office (Sec. 2.201, #3400001000)
(a) Notwithstanding 32 V.S.A. § 706, the secretary may transfer funds allocated for the “high risk pool” and costs related to juvenile justice to the departments in the agency of human services designated to provide these services.
(b) Of these tobacco settlement funds, $54,000 shall be used to provide a grant to the project against violent encounters for a statewide program for substance abuse prevention and mentoring for youth.
(c) Of this tobacco fund appropriation, $143,000 shall be used for a grant to Lamoille County people in partnership for wrap‑around services for at‑risk youth.
(d) Of this tobacco fund appropriation, $85,000 with any corresponding federal matching funds shall be for comprehensive treatment services and $15,000 shall be for housing provisions for at-risk youth.
(e) Of the funds appropriated to the secretary, $100,000 shall be available for the pathways to housing program.
Sec. 5.202. Secretary’s office – Global Commitment (Sec. 2.202, #3400004000)
(a) The agency of human services shall use the funds appropriated in this section for payment of the actuarially certified premium required under the intergovernmental agreement between the agency of human services and the managed care organization in the office of Vermont health access as provided for in the Global Commitment for Health Waiver (“Global Commitment”) approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act.
(b) In addition to the state funds appropriated in this section, a total estimated sum of $34,127,822 is anticipated to be certified as state matching funds under the Global Commitment as follows:
(1) $15,518,544 certified state match available from local education agencies. This amount combined with $22,657,456 of federal funds appropriated in this section equals a total estimated expenditure of $38,176,000 for eligible special education school-based Medicaid services under the Global Commitment. An amount equal to the amount of the federal matching funds for eligible special education school-based Medicaid services under Global Commitment shall be transferred from the Global Commitment fund to the Medicaid reimbursement special fund created in 16 V.S.A. § 2959a.
(2) $8,956,247 certified state match available from local education agencies for eligible services under the Global Commitment provided to students through school-based health services, including school nurses.
(3) $4,632,833 certified state match available from local education and social service agencies for eligible services provided to eligible persons through children’s collaborative services programs.
(4) $2,843,472 certified state match available from local designated mental health agencies for eligible mental health services provided under the Global Commitment.
(5) $2,176,726 certified state match available from local designated developmental services agencies for eligible developmental services provided under the Global Commitment.
(c) The secretary of human services and the office of Vermont health access shall explore the possibility of receiving federal matching funds to maximize its ability to contribute to the health IT-fund established in 32 V.S.A. § 10301.
Sec. 5.202.1. Sec. 105(b) of No. 65 of the Acts of 2007 as amended by Sec. 25 of No. 90 of the Acts of 2008, is further amended to read:
(b) In addition to the state funds appropriated in this section, a total
estimated sum of $34,695,908 $32,241,016 is anticipated to be
certified as state matching funds under the Global Commitment as follows:
(1) $17,283,434 $14,828,542 certified state match
available from local education agencies. This amount combined with $24,881,566
$21,347,458 of federal funds appropriated in this section equals a total
estimated expenditure of $42,165,000 $36,176,000 for eligible
special education school-based Medicaid services under the Global Commitment.
An amount equal to the amount of the federal matching funds for eligible
special education school-based Medicaid services under Global Commitment shall
be transferred from the Global Commitment fund to the Medicaid reimbursement
special fund created in 16 V.S.A. § 2959a.
* * *
Sec. 5.203. Health Care Charitable Initiative Partnership
(a) The agency of human services shall analyze the potential to create a charitable initiative in partnership with hospital to assist Vermonters who are uninsured and/or underinsured. Elements to include in this analysis are enumerated in subsection (b) below. The agency shall report to the house and senate committees on appropriations on or before December 15, 2008.
(b) Elements of a health care charitable initiative partnership shall include but are not limited to the following:
(1) Hospitals, other institutions, and individuals making voluntary contributions to a state special fund.
(2) The monies in the special fund being used to provide grants to support initiatives meeting one of the following criteria provided for in number 57 of the amended Special Terms and Conditions for Global Commitment to Health Section 1115 Medicaid Waiver (“Global Commitment”);
(A) Reducing the rate of uninsured and/or underinsured in Vermont;
(B) Increasing the access of quality health care to uninsured;
(C) Providing public health approaches to improve the health outcomes and the quality of life for Medicaid-eligible individuals in Vermont; and
(D) Encouraging the formation and maintenance of public-private partnerships in health care.
(3) Creating a process to provide grants meeting the criteria in subdivision (2) of this subsection involving contributors to the special fund in the grant process.
(4) To the extent allowed under Global Commitment, matching monies in the state special funds with federal funds.
Sec. 5.203.1. Sec. 111b(a) of No. 65 of the Acts of 2007 is amended to read:
(a) Effective
on July 1, 2008, the agency of human services is directed to shall
reinstate chiropractic coverage for adults in the Medicaid and VHAP programs
consistent with section 4088a of Title 8 and at rates comparable to payments
for care or services by other health care providers not to exceed Medicare
rates. The fiscal year 2009 Medicaid expenditure forecast adopted by the
emergency board shall include the reinstatement of chiropractic coverage.
Sec. 5.203.2. Office of Vermont health access – Medicaid program – Global Commitment (Sec. 2.270, #3410015000)
(a) Of this appropriation, $2,000,000 is designated for Early and Periodic Screening, Diagnosis and Treatment (EPSDT) services for children and adolescents between the ages of 0-22 who have been diagnosed with developmental disabilities and who are Medicaid-eligible. The services to be provided under this appropriation are those required under federal Medicaid law and include case management, and rehabilitative and behavioral therapies.
(b) Consistent with and subject to expedited rules, the agency of human services is authorized to implement income disregards under the terms and conditions under the Global Commitment for the Health Waiver approved by the Centers for Medicare and Medicaid Services under Section 1115 of the Social Security Act, when determining premium contributions for Catamount Health under 8 V.S.A. § 4080f or employer-sponsored insurance with premium assistance under 33 V.S.A. § 1974.
Sec. 5.204. [DELETED]
Sec. 5.205. Sec. 147(f) of No. 66 of the Acts of 2003, as amended by Sec. 280 of No. 71 of the Acts of 2005, and Sec. 12 of No. 191 of the Acts of 2006 is further amended to read:
(f) Dr. Dynasaur and SCHIP premium changes.
(1) The agency is authorized to amend the rules for individuals eligible for Dr. Dynasaur under the federal Medicaid and SCHIP programs to require beneficiary households to pay a monthly premium based on the following:
(A) for individuals living
in households whose incomes are greater than 225 percent of FPL and less than
or equal to 300 percent of FPL, and who have no other insurance coverage $40.00
$60.00 per household per month.
(B) for individuals living in households whose incomes are greater than 225 percent of FPL and less than or equal to 300 percent of FPL, and who have other insurance coverage: $20.00 per household per month.
(C) for individuals living in households whose incomes are greater than 185 percent of FPL and less than or equal to 225 percent of FPL: $15.00 per household per month.
* * *
Sec. 5.206. MEDICAID FISCAL YEAR 2009 CONTINGENT FUNDING
(a) Fiscal year 2009 funding of the Medicaid program anticipates $8,090,000 of state funds appropriated in fiscal year 2008 to be carried forward and available in fiscal year 2009.
(b) In addition to subsection (a) of this section, to the extent that fiscal year 2008 office of Vermont health access Medicaid expenditures fall below the amount currently authorized in fiscal year 2008, up to $13,960,000 of total state and federal appropriations authority shall be carried forward and used to fund increases for program reimbursement rates to providers and program expenses as follows:
(1) First, $1,000,000 for Boston Children’s Hospital.
(2) Second, $12,960,000 allocated as follows, the amounts below shall be prorated equitably if less than $12,960,000 is available;
(A) $8,000,000 for Vermont hospitals;
(B) $1,000,000 for home health care providers;
(C) $1,300,000 for Dartmouth Medical Center;
(D) $660,000 to provide a $2 per day rate increase for assisted community care service providers;
(E) $2,000,000 shall be carried forward to fund expenses of the choices for care waiver program in fiscal year 2009.
(3) Third, any additional funds above $13,960,000 shall be carried forward and reserved for the Global Commitment waiver.
Sec. 5.207. Sec. 1 of No. 56 of the Acts of 2005 as amended by Sec. 112a of No. 65 of the Acts of 2007 is further amended to read:
Sec. 1. LONG-TERM CARE MEDICAID 1115 WAIVER; CHOICES FOR CARE
* * *
(g)(1) Any savings realized due to the implementation of the long-term care Medicaid 1115 waiver shall be retained by the department and reinvested into providing home and community-based services under the waiver. If at any time the agency reapplies for a Medicaid waiver to provide these services, it shall include a provision in the waiver that any savings shall be reinvested.
(2) In its annual budget presentation, the department of disabilities, aging, and independent living shall include the amount of savings generated from individuals receiving home and community-based care services instead of services in a nursing home through the Choices for Care waiver and a plan with details on the recommended use of the appropriation. The plan shall include the base appropriation; the method for determining savings; how the savings will be reinvested in home and community-based services, including the allocation between increases in caseloads and increases in provider reimbursements; and a breakdown of how many individuals are receiving services by type of service. The department shall convene a working group from its advisory council for the purpose of providing input on the advisability of seeking renewal of the waiver and how with any new waiver there can be timely reporting to providers and consumers on reinvested savings.
* * *
Sec. 5.207.1. Sec. 70(g)(7) of No. 93 of the Acts of 2006, as amended by Sec. 272 of No. 215 of the Acts of 2006, is further amended to read:
(7) $576,520 and $823,480 federal funds to the office of Vermont health access for costs under the long-term care portion of Medicaid.
Effective for fiscal year 2007 only July 1, 2006, the division of
rate setting shall amend the rules effective for establishing Medicaid rates
for nursing home services to lower the minimum occupancy used in setting the
Medicaid rate to 90 percent, excluding nursing costs.
Sec. 5.207.2. LONG-TERM CARE; RATE SETTING
(a) The division of rate setting shall amend the rules for Medicaid payments to nursing homes as necessary to maximize the amount of federal matching funds available for the implementation of certain recommendations of the nursing home reimbursement methodology task force established pursuant to Sec. 1a(c) of No. 56 of the Acts of 2005, as amended by Sec. 149a of No. 215 of the Acts of 2006. Changes necessary to achieve the purpose of this provision may be applied retroactively and shall be exempt from the procedural requirements of 3 V.S.A. chapter 25, except that the agency of human services shall make reasonable efforts to ensure that such changes are made known to persons who may be affected by them. The required rule changes shall stay in effect until such time as they are amended pursuant to 3 V.S.A. chapter 25.
Sec. 5.207.3. FISCAL YEAR 2009 NURSING HOME INFLATION
(a) Notwithstanding any other provision of law, for state fiscal year 2009, the division of rate setting shall modify its methodology for calculating Medicaid rates for nursing homes by calculating the inflation factors for the nursing, director of nursing, resident care, and indirect cost categories as follows. The division shall make a preliminary computation of the inflation factors for state fiscal year 2009 according to its rules, but in setting the rates shall limit the amount of the increase in inflation between rate years 2008 and 2009 to one half of the difference between the inflation factors as used to calculate the rates for state fiscal year 2008 and those in the preliminary computation for state fiscal year 2009.
Sec. 5.208. EXPEDITED RULEMAKING FOR PREMIUM INCREASES
(a) In order to administer the provisions of this act relating to premium increases for SCHIP, V-pharm, Vermont-Rx, Catamount Health with premium assistance, and employer-sponsored insurance with premium assistance (ESIA) programs in a timely fashion, notwithstanding the provisions of 3 V.S.A. chapter 25, the agency of human services shall adopt rules pursuant to the following:
(1) The secretary shall file final proposed rules with the secretary of state and the legislative committee on administrative rules under 3 V.S.A. § 841, after publication, in three daily newspapers with the highest average circulation in the state, of a notice that lists the rules to be adopted pursuant to this process and a seven-day public comment period following publication.
(2) The secretary shall file final proposed rules with the legislative committee on administrative rules no later than 28 days after the effective date of this act.
(3) The legislative committee on administrative rules shall review, and may approve or object to, the final proposed rules under 3 V.S.A. § 842, except that its action shall be completed no later than 14 days after the final proposed rules are filed with the committee.
(4) The secretary may adopt a properly filed final proposed rule after the passage of 14 days from the date of filing final proposed rules with the legislative committee on administrative rules or after receiving notice of approval from the committee, provided the secretary:
(A) has not received a notice of objection from the legislative committee on administrative rules; or
(B) after having received a notice of objection from the committee, has responded pursuant to 3 V.S.A. § 842.
(5) Rules adopted under this section shall be effective upon being filed with the secretary of state and shall have the full force and effect of rules adopted pursuant to 3 V.S.A. chapter 25. Rules filed by the secretary of the agency of human services with the secretary of state pursuant to this section shall be deemed to be in full compliance with 3 V.S.A. § 843, and shall be accepted by the secretary of state if filed with a certification by the commissioner for families and children that the rule is required to meet the purposes of this section.
Sec. 5.208.1. SCHIP CONTINGENT PREMIUM INCREASE
(a) During fiscal year 2009, and under the normal rulemaking process, the department for children and families may increase the premium from $60.00 to $72.00 in the SCHIP program for individuals living in households whose incomes are greater than 225 percent of FPL and less than or equal to 300 percent of FPL, and who have no other insurance coverage. The department shall propose this increase only if this is necessitated by federal requirements and subsequent to a report to the health access oversight committee.
Sec. 5.208.2. Health - administration and support (Sec. 2.211, #3420010000)
(a) Program Review and Presentation: The commissioner of health and the director of the office of Vermont health access shall review existing programs that provide health services and coverage to Vermonters and determine if any programs could be eliminated and the Vermonters currently served by these programs could be enrolled in Catamount Health to continue to receive said health services. The commissioner and director shall update the legislature on any recommendations in this regard in the fiscal year 2010 budget presentation process. The commissioner shall also provide in the fiscal year 2010 budget presentation a summary of the public health budget by major programmatic areas.
(b) Area Health Education Center:
(1) Of this appropriation, $500,000 shall be granted to the area health education center (AHEC) to support the work and infrastructure of the statewide AHEC network to ensure an adequate and appropriate health care workforce, to bring quality improvement programs to health care professionals, and to create partnerships across community‑based health care services to improve health care access and integration. Any funds not expended shall be carried forward to be available for use in subsequent fiscal years. The AHEC will provide the department of health with a final progress report and financial report detailing the unexpended funds to be carried forward at the close of the fiscal year.
(c) Health Care Provider Loan Forgiveness and Repayment Programs:
(1) The department of health may carry forward any unspent portion of funds designated for health professional loan repayment. These funds may be used either alone or to match federal National Health Service Corps loan repayment funds, local funds, or private funds and shall be deposited into the loan repayment fund established under 18 V.S.A. § 10a or for the Vermont student assistance corporation for loan forgiveness programs for health care providers through the dental hygienist incentive loan program, the nursing incentive loan program, and the dental student incentive loan program.
(2) Of this Global Commitment fund appropriation, $1,420,000 shall be used for the purposes of loan repayment for health care providers and health care educators pursuant to 18 V.S.A. § 10a to be allocated as follows:
(A) $700,000 to primary care physicians and health care professionals;
(B) $195,000 for dentists;
(C) $400,000 for nurses;
(D) $75,000 for nurse educators;
(E) $50,000 for disciplines based on emerging health care needs and workforce shortages.
(3) Of this appropriation, $100,000 is allocated for the Vermont student assistance corporation for loan forgiveness programs for health care providers through the dental hygienist incentive loan program, the nurse incentive loan program, and the dental student incentive loan program.
Sec. 5.209. Health - Public Health (Sec. 2.211.1, #342005000)
(a) Blueprint: From this appropriation, the department of health shall provide incentive grants and stipends to physician practices participating in the pilot projects developed under the Vermont Blueprint for Health established in section 702 of Title 18.
(b) AIDS/HIV Funding:
(1) The amount of $335,000 of the general fund/Global Commitment fund appropriation shall be appropriated to the following Vermont AIDS service organizations and peer-support organizations for client-based support services. It is the intent of the general assembly that if Global Commitment fund monies in this subsection are unavailable, the total funding for Vermont AIDS service organizations and peer-support organizations for client-based support services shall be maintained through the general fund or other state-funding sources. The department of health AIDS program shall meet at least quarterly with the HIV/AIDS service advisory committee (HASAC) with current information and data relating to service initiatives. The funds shall be allocated as follows:
(A) AIDS Project of Southern Vermont, $71,931;
(B) ACORN, $25,019;
(C) IMANI, $37,529;
(D) VT CARES, $135,521;
(E) Twin States Network, $30,000;
(F) People with AIDS Coalition, $35,000.
(2) Of the federal funds, Ryan White Title II funds for AIDS services and the AIDS Medication Assistance Program shall be distributed in accordance with federal guidelines. These guidelines shall not apply to programming funded by state general funds.
(3) The amount of $140,000 of this general fund appropriation shall be used for assistance to individuals in the HIV/AIDS Medication Assistance Program (AMAP), including the costs of prescribed medications, related laboratory testing, and nutritional supplements. These funds may not be used for any administrative purposes by the department of health or by any other state agency or department. Any remaining AMAP general funds at the end of the fiscal year shall be distributed to Vermont AIDS service organizations in the same proportions as those outlined under subsection (a) of this section.
(4) The amount of $100,000 of this general fund appropriation shall be appropriated to Vermont AIDS service organizations and other Vermont HIV/AIDS prevention providers for community-based HIV prevention programming which is currently not supported by federal funds due to federal restrictions. These funds shall be used for HIV/AIDS prevention purposes, including improving the availability of confidential and anonymous HIV testing; prevention work with at-risk groups such as women, intravenous drug users, and people of color; anti-stigma campaigns; and promotion of needle exchange programs. No more than 15 percent of the funds may be used for the administration of such services by the recipients of these funds. The method by which these prevention funds shall be distributed shall be determined by mutual agreement of the department of health, AIDS service organizations, HASAC, and the community planning group (CPG). The department of health AIDS program shall be guided and advised by HASAC and CPG on an ongoing basis in prioritizing prevention service needs in the disbursement of these funds.
(5) The secretary of human services shall immediately notify the joint fiscal committee if, at any time, there are insufficient funds in AMAP to assist all eligible individuals. The secretary shall work in cooperation with persons living with HIV/AIDS to develop a plan to continue access to AMAP medications until such time as the general assembly can take action.
(6) The secretary of human services shall work in conjunction with the AMAP advisory committee, which shall be composed of no less than 50 percent of members who are living with HIV/AIDS. The committee shall make recommendations regarding the program’s formulary of approved medication, related laboratory testing, nutritional supplements, and eligibility for the program.
(c) Tobacco Programs:
(1) The tobacco fund appropriation in this section and $1,059,409 in Global Commitment funds in this section shall be utilized according to the provisions of 18 V.S.A. chapter 225 as follows:
(A) community-based programs - $1,023,624;
(B) media and public education - $1,007,799;
(C) tobacco cessation programs - $1,400,211; these funds may also be used to provide tobacco cessation counseling services to persons incarcerated in Vermont correctional facilities, and $80,000 shall be used to make nicotine replacement therapies available to all persons enrolled in tobacco cessation counseling, $110,000 shall be allocated to programs that serve pregnant women, and $15,000 shall be granted to the Washington County Mental Health Agency, Inc. for a special cessation program;
(D) surveillance and evaluation activities - $333,000;
(E) statewide provider education - $75,000.
(d) CHAMPPS:
(1) Of this appropriation, $1,090,000, which includes $500,000 of federal substance abuse grant funds, is for the coordinated healthy activity, motivation, and prevention programs to be used for community wellness grants awarded pursuant to 18 V.S.A. § 104b.
(e) Clinics for uninsured and FQHCs
(1) Of these Global Commitment funds, $790,000 shall be used to support the Vermont coalition of clinics for the uninsured health care and dental services provided by clinics for uninsured individuals and families and for federally qualified health center (FQHC) look alike uncompensated care pool funds and FQHC development.
(f) Lead Abatement:
(1) Of this appropriation, the amount of $50,000 shall be expended by the department for lead abatement education. The department is also authorized to solicit and accept grants and donations to be used to supplement the expenditure directed by this subsection.