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H.864

Introduced by Committee on Institutions

Date:

Subject:  Capital construction; capital appropriations; state bonding

Statement of purpose:  This bill proposes to authorize bonding, appropriate capital funds, and address miscellaneous related items.

AN ACT RELATING TO CAPITAL CONSTRUCTION AND STATE BONDING

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

* * * Capital Appropriations * * *

Sec. 1.  STATE BUILDINGS

The sum of $10,632,418 is appropriated to the department of buildings and general services, and the commissioner is authorized to direct funds appropriated in this section to the projects contained in this section; however, no project shall be canceled unless the chairs of the house and senate committees on institutions are notified before that action is taken.  The individual appropriations in this section are estimates only.

(1)  Burlington, Cherry Street garages, continued repairs:    (600,000)

(2)  Montpelier, 133 State Street, complete renovations:  (1,700,000)

(3)  Montpelier, 109 State Street, complete third floor renovations:                                                                                                                                    (132,418)

(4)  Montpelier, secretary of state, schematic and final designs and site assessment for a new archive building of up to 40,000 cubic feet to be located at the Redstone property and for renovation of the Redstone building for use by the secretary of state; provided that if initial site assessments indicate that construction of the archive facility will not be feasible at that location, then the work authorized under this subdivision shall cease and the department shall seek direction from the chairs and vice-chairs of the house and senate committees on institutions whether:

(A)  to continue with the work at the Redstone property;

(B)  to use the appropriation made in this subdivision for an initial site analysis of the “triangle” location, so-called, for purposes of siting an archive building; or

(C)  to cease all work on this project until receiving further directions from the 2007 general assembly:                                   (600,000)

(5)  Springfield, state office building; retaining wall, phase 1:            (100,000)

(6)  Waterbury, state office complex, condensate line replacement:                                                                                                                                      (650,000)

(7)  Statewide, major maintenance:                                              (6,000,000)

(8)  Statewide, Americans with Disabilities Act (ADA)

(A)  Accessibility to public buildings:                                          (175,000)

(B)  State-supported domestic violence centers, phase II:             (50,000)

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

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

(11)  Statewide, planning:                                                                 (25,000)

(Total appropriation – Section 1                                                         $10,632,418)

Sec. 2.  TAXES

The sum of $100,000 is appropriated to the department of taxes as the third appropriation in an ongoing project to update statewide quadrangle maps through digital orthophotographic quadrangle mapping.

(Total appropriation – Section 2                                                             $100,000)

Sec. 3.  HEALTH AND PUBLIC SAFETY LABORATORIES

(a)  The sum of $8,250,000 is appropriated to the department of buildings and general services for the departments of health and of public safety to purchase IBM Building #617 in Essex and to begin construction and renovation of the property for the health and forensic laboratories.

(b)  The agency of administration shall study the degree to which the department of health duplicates services provided by private laboratories and shall explore opportunities to contract with private laboratories to maximize cost effectiveness.  On or before January 15, 2007, the agency shall report to the house and senate committees on institutions regarding its findings and efforts taken pursuant to this subsection.

(Total appropriation – Section 3                                                          $8,250,000)

Sec. 4.  HUMAN SERVICES

(a)(1)  The sum of $1,000,000 shall be expended by the department of buildings and general services for the agency of human services for continued planning, design, and permitting associated with the creation of a new inpatient facility to replace the current Vermont state hospital, which shall be from general funds appropriated in No. X of the Acts of the 2005 Adj. Sess. (2006) (the Fiscal Year 2007 Appropriations Act).

(2)  No portion of this appropriation shall be encumbered or disbursed:

(A)  Unless used solely for costs incurred in connection with work required by the Vermont State Hospital Futures Plan (“the Plan”) required by Sec. 141a of No. 122 of the Acts of the 2003 Adj. Sess. (2004), if and when the Plan is approved, with or without amendments, by the joint mental health oversight committee (“JMHOC”) and the joint fiscal committee (“JFC”); and

(B)  Until a detailed itemization of the specific manner in which the funds shall be spent is presented to and approved by the JMHOC and the JFC.

(3)  The department of buildings and general services and the agency of human services shall report at each remaining meeting of the JMHOC during calendar year 2006 regarding:

(A)  The progress made on the planning, design, siting, and permitting of the new state hospital facility, with specific updates on the certificate of need process.

(B)  The status of negotiations, if any, with a nonstate partner regarding the resolution of outstanding issues, including building ownership, staffing, and administrative responsibilities.

(4)  On or before January 15, 2007, the department of buildings and general services and the agency of human services shall provide a detailed written report to the house committee on human services, the senate committee on health and welfare, and the house and senate committees on appropriations and on institutions, regarding the items listed in subdivision (3) of this subsection.

(b)  The sum of $50,000 is appropriated to the department of buildings and general services for the agency of human services for architectural fees necessary to convert underutilized racquetball courts into classrooms at the Woodside juvenile rehabilitation center.

(c)  The sum of $450,000 is appropriated to the department of buildings and general services for the agency of human services, department of corrections, to complete the design of a new minimum security dormitory style work camp.

(d)  The sum of $200,000 is appropriated to the department of buildings and general services for the agency of human services, department of corrections, for electrical system upgrades at the Chittenden regional correctional facility in South Burlington.

(e)  The sum of $50,000 is appropriated to the department of buildings and general services for the agency of human services, department of corrections, to evaluate and provide estimates and options for a sewage upgrade project at the northwest state correctional facility in St. Albans.

(f)(1)  The sum of $360,000 is appropriated to the department of buildings and general services for the agency of human services, department of corrections, to complete the heating and ventilation system and other related items at the Vermont correctional industries building at the northern state correctional facility in Newport.

(2)  The department of corrections shall create and implement a horticultural program for inmates at the southern state correctional facility in Springfield.  The department shall report its progress to the joint corrections oversight committee at each of the committee’s meetings in 2006 and to the house committee on institutions on or before January 15, 2007.

(g)  The sum of $463,768 is appropriated to the agency of human services for the Burlington Housing Authority, a public corporation created pursuant to chapter 113 of Title 24, to renovate two new supportive transitional houses for offenders returning to community life in Chittenden County, to be known as Dismas House II and the Northern Lights House, as described in information provided to the general assembly at a series of meetings held in February 2006; provided no funds shall be disbursed to the Burlington Housing Authority (BHA) until:

(1)  evidence has been provided to the agency, satisfactory to its secretary after consultation with the commissioner of buildings and general services, that the BHA is ready to begin renovations; and

(2)  the agency has entered into an agreement with the BHA providing for recapture of state funds if either or both of the buildings for which state funds have been used is sold or is used for a purpose other than as set forth in this subsection.

(h)  The sum of $450,000 is appropriated to the department of buildings and general services for the agency of human services to renovate space in the Springfield state office building for use by the agency.

(Total appropriation – Section 4                                                           $3,023,768)

Sec. 5.  JUDICIARY

(a)  The sum of $50,000 is appropriated to the department of buildings and general services for the judiciary to determine the feasibility of adding space to the Lamoille County courthouse, of potentially acquiring additional land, and of reconfiguring existing space to improve security, provide better access for people with disabilities, upgrade the utility services, and create more accessible bathrooms.

(b)  The sum of $500,000 is appropriated to the department of buildings and general services for the judiciary for security and space design and renovations at the Windham district and family courts.

(Total appropriation – Section 5                                                              $550,000)

Sec. 6.  COMMERCE AND COMMUNITY DEVELOPMENT

(a)  The sum of $200,000 is appropriated to the department of buildings and general services for the agency of commerce and community development for major maintenance at historic sites statewide; provided such maintenance shall be under the supervision of the department of buildings and general services.

(b)  The sum of $30,000 is appropriated to the agency of commerce and community development for underwater preserves. 

(c)  The sum of $10,000 is appropriated to the agency of commerce and community development for roadside historic site markers.

(d)  The sum of $230,000 is appropriated to the department of buildings and general services for the agency of commerce and community development to exercise an option to purchase the Hoskison property which will become part of the Calvin Coolidge state historic site in Plymouth Notch, pursuant to the authority granted in Sec. 24 of this act.

(Total appropriation – Section 6                                                             $470,000)

Sec. 7.  EDUCATION

(a)  The sum of at least $8,532,000 shall be expended by the department of education for state aid for school construction projects pursuant to section 3448 of Title 16, of which amount the sum of $1,100,000 shall be appropriated from capital funds appropriated by this act, the sum of $432,000 shall be from account #5100890501 (capital construction aid) as set forth in Sec. 19 of this act, and the remaining sums shall be from general funds appropriated in No. X of the Acts of the 2005 Adj. Sess. (2006) (the Fiscal Year 2007 Appropriations Act); provided that no more than $3,600,000 of the total appropriation in this subsection shall be used for renewable energy projects and projects to extend the life of a building.

(b)  The sum of $350,000 is appropriated to the department of education for regional technical education centers and comprehensive high schools to assist with the purchase of educational program equipment, to be distributed in equal amounts to each center and high school with no local matching funds required.

(c)  The sum of $2,500,000 is appropriated to the department of buildings and general services for the Brattleboro Union High School District #6 in partial payment of the state’s obligation to pay 100 percent of the approved cost of the Windham Regional Career Center (Southeastern Vermont Career Education Center) project, of which amount the sum of $500,000 shall be from account #5100890501 (capital construction aid) as set forth in Sec. 19 of this act. 

(Total appropriation – Section 7                                                       $11,382,000)

Sec. 8.  UNIVERSITY OF VERMONT

The sum of $1,800,000 is appropriated to the University of Vermont to assist with construction of the plant sciences building and with major facility maintenance to the university campus.  The university shall file with the general assembly an annual report, on or before January 15, that details the status of capital projects funded in whole or in part by state capital appropriations.

(Total appropriation – Section 8                                                          $1,800,000)

Sec. 9.  VERMONT STATE COLLEGES

The sum of $1,800,000 is appropriated to the Vermont state colleges for major facility maintenance.  The state colleges shall file with the general assembly an annual report, on or before January 15, that details the status of capital projects funded in whole or in part by state capital appropriations.

(Total appropriation – Section 9                                                          $1,800,000)

Sec. 10.  NATURAL RESOURCES

(a)  The sum of $5,800,000 is appropriated to the agency of natural resources for water pollution grants and the state match for the pollution control and public drinking water supply program state revolving fund loans, all in accordance with chapter 55 of Title 10 and chapter 120 of Title 24 for projects on a list prepared by the agency of natural resources, dated May 20, 2003 entitled “Wastewater Project Phase-In List from the Capital Bill Conference Committee 2003 Legislative Session” and referenced in Sec. 55 of No. 63 of the Acts of 2003; of the appropriation made in this subsection, the sum of up to $140,000 shall be paid to the Town of Pownal for anticipated short-term financing interest costs in fiscal year 2007 in connection with the Pownal wastewater system project; of the appropriation made in this subsection, the sum of $800,000 shall be for the ongoing pollution control project in Pownal, provided, however, that if the project is awarded a State and Tribal Assistance Grant (“STAG”) from the United States Environmental Protection Agency as part of the federal FY07 budget process, then this sum of $800,000 shall be used by the agency of natural resources for other projects on the May 20, 2003 list.

(b)(1)  The sum of $2,870,000 is appropriated to the agency of natural resources for the clean and clear program to accelerate the reduction of phosphorus discharges into Lake Champlain and other waters of the state, as follows:

(A)  Stream stabilization grants:  $1,250,000

(B)  Wetlands restoration and protection:  $250,000

(C)  Stormwater assistance to municipalities:  $120,000

(D)  Hardwick phosphorus removal:  $750,000

(E)  Waterbury phosphorus removal:  $500,000 

(2)  The sum of $120,000 of this appropriation shall be transferred to the state treasurer for deposit in the local community implementation fund created in 10 V.S.A. § 1264c, for the administrative and management needs of municipalities in developing total maximum daily load plans and water quality remediation plans for stormwater-impaired waters of the state.

(c)  The sum of $50,000 from funds appropriated by No. X of the Acts of the 2005 Adj. Sess (2006) (the Fiscal Year 2007 Appropriations Act) shall be expended by the agency of natural resources to capitalize a fund that will provide financial assistance to municipalities for improvements to “orphaned” systems that are necessary for compliance with existing stormwater permits.    

(d)  The sum of $100,000 is appropriated to the agency of natural resources for maintenance and repair of state-owned dams.

(e)(1)  The sum of $150,000 is appropriated to the agency of natural resources for the department of forests, parks and recreation for rehabilitation of aging state park infrastructure.

(2)  The sum of $25,000 is appropriated to the agency of natural resources for the department of forests, parks and recreation to evaluate the condition of the state park infrastructure.

(f)  The sum of $50,000 is appropriated to the agency of natural resources for the Green Mountain Club, Inc. for the procurement, in fee simple or by easement, of properties along the Long Trail; provided that any easement acquired shall be recorded in a deed from the landowner to the state of Vermont and may not be assigned or changed without the agreement of both parties.

(g)  The sum of $50,000 is appropriated to the agency of natural resources for the Lake Champlain Walleye Association, Inc. to upgrade and repair walleye rearing, restoration, and stocking infrastructure.

(h)  The sum of $50,000 is appropriated to the agency of natural resources to develop or improve fishing access points throughout the state.

(i)  The sum of $115,000 is appropriated to the agency of natural resources for the department of fish and wildlife to replace roofs at the Buck Lake conservation camp and the Roxbury hatchery; provided that the construction shall be directed by the department of buildings and general services.

(Total appropriation – Section 10                                                     $9,260,000)

Sec. 11.  MILITARY

The sum of $180,000 is appropriated to the department of the military for major maintenance to make life safety improvements at Camp Johnson, and to address accessibility concerns at up to three armories.

(Total appropriation – Section 11                                                            $180,000)

Sec. 12.  PUBLIC SAFETY

(a)  The sum of $2,900,000 is appropriated to the department of buildings and general services for the department of public safety to finalize construction and fit-up of a new Franklin County state police station in St. Albans.

(b)  The sum of $100,000 is appropriated to the department of buildings and general services for the department of public safety to complete construction of the new Addison County state police station in New Haven.

(c)  The sum of $80,000 is appropriated to the department of buildings and general services for the department of public safety for planning and preliminary engineering of a new emergency operations center.

(Total appropriation – Section 12                                                       $3,080,000)

Sec. 13.  CRIMINAL JUSTICE AND FIRE SERVICE TRAINING COUNCILS

(a)  The sum of $50,000 is appropriated to the department of buildings and general services to replace the cafeteria cooler/freezer at the Vermont criminal justice training council in Pittsford. 

(b)  The sum of $30,000 is appropriated to the department of buildings and general services to construct a new wood storage building to replace two storage trailers at the Vermont criminal justice training council in Pittsford. 

(c)  The sum of $325,000 is appropriated to the department of buildings and general services to provide bathroom, shower, and laundry facilities for staff and trainees at the Vermont fire service training council in Pittsford.

(Total appropriation – Section 13                                                         $405,000)

Sec. 14.  AGRICULTURE, FOOD AND MARKETS

(a)  The sum of $1,800,000 is appropriated to the agency of agriculture, food and markets, best management practice implementation cost share program, for agricultural nonpoint source pollution reduction.  Farmers participating in this program may receive a maximum of 75 percent of state aid when no federal dollars are available.

(b)  The sum of $150,000 is appropriated to the agency of agriculture, food and markets for the competitive grants program for agricultural fair capital projects.  No single entity shall be awarded more than ten percent of this appropriation.

(Total appropriation – Section 14                                                       $1,950,000)

Sec. 15.  VERMONT RURAL FIRE PROTECTION

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

(Total appropriation – Section 15                                                            $100,000)


Sec. 16.  BUILDING COMMUNITIES GRANTS

(a)  The following sums are appropriated to the agency of commerce and community development, division for historic preservation, for:

(1)  The historic preservation grant program:                         $150,000

(2)  The historic barns preservation grant program:                           $100,000

(b)  The sum of $100,000 is appropriated to the agency of commerce and community development, division for historic preservation, for the cultural facilities competitive grant program, to be administered by the Vermont Arts Council and made available on a one‑for-one matching basis with funds raised from nonstate sources; no such grant shall be available for a project receiving funding from any other appropriation of this act.  No portion of this appropriation shall be used to pay salaries.  The appropriation shall be awarded on a competitive basis.  In recommending grant awards, a review panel shall give priority consideration to applicants who demonstrate greater financial need or are in underserved areas of the state. 

(c)  The sum of $150,000 is appropriated to the department of buildings and general services for the recreational and educational facilities grant program.

(d)  The sum of $200,000 is appropriated to the agency of commerce and community development for the broadband development grant program.

(e)  The sum of $150,000 is appropriated to the department of buildings and general services for the human service grant program.

(Total appropriation – Section 16                                                         $850,000)

Sec. 17.  VERMONT PUBLIC TELEVISION

(a)  The sum of $520,706 is appropriated to the department of buildings and general services for Vermont Public Television for continued work on the federally mandated conversion of Vermont Public Television’s transmission sites to digital broadcasting format. 

(b)  The sum of $303,600 is appropriated to the department of buildings and general services for Vermont Public Television for its share of the costs of a state-mandated collocation project on Mount Mansfield.

(Total appropriation – Section 17                                                          $824,306)

Sec. 18.  VERMONT INTERACTIVE TELEVISION

The sum of $132,500 is appropriated to the department of buildings and general services for Vermont Interactive Television for multipoint control unit and codec upgrades. 

(Total appropriation – Section 18                                                            $132,500)

* * * Financing this Act * * *

Sec. 19.  REALLOCATION OF FUNDS

(a)  Of the amount appropriated in Sec. 8(a)(6) of No. 62 of the Acts of 1997 (distance learning), the sum of $3,368 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 (buildings and general services) of this act.

(b)  Of the amount appropriated in Sec. 18(a) of No. 62 of the Acts of 1997 (natural resources), the sum of $821 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 (buildings and general services) of this act.

(c)  Of the amount appropriated by Sec. 8(b) of No. 148 of the Acts of the 1997 Adj. Sess. (1998) (technical centers), the sum of $10,000 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 (buildings and general services) of this act.

(d)  Of the amount received from the sale of state-owned land in Montpelier, authorized by Sec. 31 of No. 148 of the Acts of the 1997 Adj. Sess. (1998), the sum of $8,800 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 (buildings and general services) of this act.

(e)  Of the amount received from the sale of state-owned land in St. Albans, authorized by Sec. 2(f) of No. 61 of the Acts of 2001, the sum of $50,000 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 (buildings and general services) of this act.

(f)  Of the amount received from the sale of state-owned land in Montpelier, authorized by Sec. 33 of No. 149 of the Acts of the 2001 Adj. Sess. (2002), the sum of $100 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 (buildings and general services) of this act.

(g)  Of the amount appropriated in Sec. 12 of No. 149 of the Acts of the 2001 Adj. Sess. (2002) (criminal justice and fire service training councils), the sum of $58,641.31 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 (buildings and general services) of this act.

(h)  Of the amount appropriated in Sec. 5(b) of No. 63 of the Acts of 2003 (technical centers), the sum of $120,897.26 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 (buildings and general services) of this act.

(i)  Of the amount appropriated in Sec. 13(b) of No. 63 of the Acts of 2003 (fire service training council), the sum of $19,444.72 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 (buildings and general services) of this act.

(j)  Of the amount appropriated in Sec. 14b of No. 121 of the Acts of the 2003 Adj. Sess. (2004) (fire service training council), the sum of $35,919.87 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 (buildings and general services) of this act.

(k)  Of the amount appropriated in Sec. 20 of No. 43 of the Acts of 2005 (Vermont veterans’ memorial cemetery), the sum of $200,000 is reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 (buildings and general services) of this act.

(l)  Of the amount appropriated in Sec. 14(b) of No. 43 of the Acts of 2005 (agriculture – match for federal conservation reserve enhancement program), the sum of $300,000 is reallocated to the agency of agriculture, food and markets to defray expenditures authorized in Sec. 14(a) (agricultural nonpoint source pollution reduction) of this act.

(m)  Of the amount in account #5100890501 (capital construction aid), the sum of $932,000 shall be reallocated to the department of education to defray expenditures authorized in Secs. 7(a) (K-12 school construction) and 7(c) (technical center construction) of this act.

(Total reallocation– Section 19                                                       $1,739,992.16)

Sec. 20.  GENERAL OBLIGATION BONDS

The state treasurer is authorized to issue general obligation bonds in the amount of $45,000,000 for the purpose of funding the appropriations of this act.  The state treasurer, with the approval of the governor, shall determine the appropriate form and maturity of the bonds authorized by this section consistent with the underlying nature of the appropriation to be funded.  The state treasurer shall allocate the estimated cost of bond issuance, or issuances, to the entities to which funds are appropriated pursuant to this section and for which bonding is required as the source of funds, pursuant to 32 V.S.A. § 954.

(Total bonding – Section 20                                                             $45,000,000)

* * * Managing this Act * * *

Sec. 21.  REALLOCATION; TRANSFER OF FUNDS

(a)  Historic sites.  The commissioner of buildings and general services may reallocate the funds in Sec. 6(a) of this act (commerce and community development) to state historic sites other than those presented to the general assembly during the 2005 legislative session only for major maintenance, should a more pressing need arise following the legislative session.

(b)  Natural resources.  The secretary of natural resources, with the approval of the secretary of administration, may transfer any unexpended project balances between projects authorized in Sec. 10 of this act (natural resources).

Sec. 22.  ACCEPTANCE OF GRANTS AND OTHER FUNDS

(a)  Notwithstanding section 5 of Title 32 (acceptance of grants):

(1)  The commissioner of environmental conservation, with the approval of the secretary of natural resources, may accept federal grants made available through the federal Clean Water Act and the federal Drinking Water Act in accordance with chapter 120 of Title 24.  Acceptance of this grant money is hereby approved, provided all notifications are made under subsection 4760(a) of Title 24.

(2)  The commissioner of corrections, with the approval of the secretary of human services, may accept federal grants made available through federal crime bill legislation. 

(3)  The commissioner of buildings and general services may accept grants of funds, equipment, and services from any source, including federal appropriations, for the installation, operation, implementation, or maintenance of energy conservation measures or improvements at state buildings.

(4)  The commissioner of buildings and general services may accept federal grant funds in connection with the state health and forensic laboratories.  These funds may be used to defray or supplement costs in
Sec. 3 of this act.

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

* * * Buildings and General Services; State Buildings * * *

Sec. 23.  PROJECTS FUNDED IN PRIOR YEARS

The commissioner of buildings and general services is authorized to use funds appropriated under this act for capital projects requiring additional support that were funded with capital or general appropriations made in prior years.

Sec. 24.  PROPERTY TRANSACTIONS; MISCELLANEOUS

(a)  The commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to sell the following properties.  The sales shall be pursuant to 29 V.S.A. § 166.  Proceeds from the sale, net of sale costs, shall be paid into a capital fund to be used either for future capital construction projects as authorized by the general assembly or to defray the issuance of authorized general obligation bonds.

(1)  Colchester Avenue, Burlington (department of health laboratory); approximately 1.38 acres.

(2)  A noncontiguous parcel of land isolated from the main parcel at the former Weeks School, east of Comfort Hill Road, Vergennes; approximately 7.42 acres.

(b)  The commissioner of buildings and general services is authorized to exercise the state’s option to purchase real property known as the Hoskison property to become part of the Calvin Coolidge homestead state historical site in Plymouth Notch.

(c)  The commissioner of buildings and general services shall explore the financial and other implications of moving the state police field station and

E-911 center from St. George Avenue in Williston to Building #617 in Essex, referenced in Sec. 26 of this act, and shall report the study’s conclusions to the house and senate committees on institutions on or before January 15, 2007.

Sec. 25.  PROPERTY TRANSACTIONS; THAYER SCHOOL BUILDING

The commissioner of buildings and general services is authorized, with the approval of the secretary of administration, to sell or demolish for purposes of future development the property or the building at 1193 North Avenue, Burlington referred to as the “Thayer School.”  If sold, the sale shall be pursuant to 29 V.S.A. § 166.  Proceeds from the sale, net of sale costs, shall be paid into a capital fund to be used either for future capital construction projects as authorized by the general assembly or to defray the issuance of authorized general obligation bonds.

Sec. 26.  PROPERTY TRANSACTIONS; IBM BUILDING #617

The commissioner of buildings and general services is authorized to exercise the state’s option to purchase real property located at 30 and 42 Allen Martin Drive (“Building #617”) in Essex for co-located health and forensic laboratories and for other state purposes.

Sec. 27.  29 V.S.A. § 902(f) is amended to read:

(f)  The commissioner of buildings and general services may also

(1)  establish and supervise inventory methods to be used by all government agencies;

(2)  maintain and operate warehouses for supplies and stores; [Deleted.]

(3)  maintain and operate the office supply service;

(4)  receive, warehouse, manage, and distribute all state property and commodities except alcoholic beverages purchased for the liquor control board; and all surplus federal property and commodities;

(5)  maintain central inventory of all state property and equipment other than lands and buildings; and

(6)  maintain and operate the state’s fleet management system.

Sec. 28.  29 V.S.A. § 907(b) is amended to read:

(b)  The commissioner of buildings and general services may establish a purchasing card program for the purpose of authorizing all spending units of the state to use a purchasing card as an alternative payment method for official state purchases.  The commissioner may contract with one or more financial institutions, card-issuing banks, credit card companies, charge card companies, debit card companies, or third-party merchant banks to provide state purchasing cards.  The commissioner may accept receipts from the purchasing card program.  The commissioner is authorized to establish policies for participation in the program and use of the purchasing card.

Sec. 29.  29 V.S.A. § 821(a)(2) is amended to read:

(2)  "Vermont Fire and Police Training Academy" “Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont” shall be the name of the buildings and grounds now known as the "Vermont Police Academy and Fire Service Training Facility” “Vermont Fire and Police Training Academy” in Pittsford. 

Sec. 30.  STATE HOUSE PLANS

The department of buildings and general services shall expend encumbered capital funds previously appropriated for the expansion of the Vermont state house to complete final design work on the conceptual plan dated January 13, 2006, prepared by the department and presented on that date to the committee established in Sec. 28 of No. 43 of the Acts of 2005.

* * * Education * * *

Sec. 31.  Sec. 6(a) of No. 43 of the Acts of 2005 is amended to read:

Sec. 6.  EDUCATION

(a)  The sum of $9,300,000 $13,563,000 shall be expended by the department of education for state aid for school construction projects pursuant to section 3448 of Title 16, of which amount the sum of $5,300,000 shall be appropriated from capital funds in this act and the sum of $4,000,000 $8,263,000 shall be from general funds appropriated by Sec. 255(b) of in No. 71 of the Acts of 2005 (the Fiscal Year 2006 Appropriations Act); provided that, notwithstanding any provision of section 3448 of Title 16 or state board of education rule to the contrary:

* * *


Sec. 32.  16 V.S.A. § 3448(a)(7)(B) is amended to read:

(B)  The amount of an award for the incremental costs associated with the installation of a space heating, water heating, cooling,

electricity-generating, or refrigeration system that uses biomass, a geothermal/ground source, wind, or solar energy as the primary heating or, cooling, or electricity-generating source shall be 90 50 percent of the approved cost of the incremental costs of the project, or 40 percent of the approved cost of a fuel system that would reduce fuel use by 10 percent or more.  Only those costs in excess of the costs for a traditional fossil fuel system shall be eligible for the award, and may include the costs of additional square footage, necessary equipment, an additional chimney, and air quality technology.  For the addition of a renewable energy heating system that will use an existing fossil fuel system as a backup, the award shall be for 50 percent of the approved cost of only those elements of the project specifically related to the renewable fuel source being used. 

Sec. 33.  16 V.S.A. § 3448(a)(3)(A) is amended to read:

(A)  First priority is given to emergency projects in excess of $50,000.00 $100,000.00 which address threats to the safety and health of students or employees created by unanticipated circumstances or events.


Sec. 34.  16 V.S.A. § 3448(d) is amended to read:

(d)  Emergency aid.  Notwithstanding any other provision of this section, the commissioner may grant aid pursuant to subdivision (a)(7) of this section for a project the commissioner deems to be an emergency, up to a maximum total project cost of $50,000.00 $100,000.00.

Sec. 35.  24 V.S.A. § 1758(b)(3) is added to read:

(3)  The warning and ballot shall contain the following set forth in

bold-faced type: 

The district is solely responsible for all costs incurred in connection with any borrowing done in anticipation of state school construction aid.  It is possible that state funds will not be available at the time this project is otherwise eligible to receive state school construction aid. 

Sec. 36.  SCHOOL CONSTRUCTION AID; ACKNOWLEDGEMENT REQUIRED 

As part of the application process for state aid for capital construction costs under chapter 123 of Title 16, the state board of education shall require that each applicant submit with its application a signed form acknowledging that the state is not obligated to pay its share of the approved costs of construction until state funds are available, that state funding may not be available at the time that the project would otherwise be eligible for payment, and that the applicant is solely responsible for the costs associated with any borrowing done in anticipation of state aid.

* * * State Colleges * * *

Sec. 37.  SPENDING AND BONDING AUTHORIZATION; VERMONT

               STATE COLLEGES

(a)  In conformity with subsection 2171(e) of Title 16, the general assembly approves the expenditure by the Vermont State Colleges from its revenues, other than state appropriations, and from its self-generated revenues established for the purpose of capital improvements on housing, dining, and general purpose facilities, to an aggregate of $1,509,000.00 for necessary capital improvements.

(b)  The chancellor of the Vermont State Colleges may accept and expend for capital purposes federal grants awarded in connection with the Castleton State College math and science center.

* * * Clean and Clear; Agriculture, Food and Markets * * *

Sec. 38.  6 V.S.A. chapter 215, subchapter 6 is added to read:

Subchapter 6.  Vermont Agricultural Buffer Program

§ 4900.  VERMONT AGRICULTURAL BUFFER PROGRAM

(a)  The secretary of agriculture, food and markets is authorized to develop a Vermont agricultural buffer program in addition to the federal conservation reserve enhancement program in order to compensate farmers for establishing and maintaining harvestable perennial vegetative buffers on annual cropland adjacent to the surface waters of the state.

(b)  The establishment and annual incentive payments from the agency of agriculture, food and markets under the Vermont agricultural buffer program shall not exceed 40 percent of the combined federal and state payment that the relevant cropland would be eligible for under the federal conservation reserve enhancement program.  The incentive payment shall be made annually at the end of the cropping season for a nonrenewable five-year period.

(c)  The secretary of agriculture, food and markets may establish by procedure financial and technical criteria for the implementation and operation of the Vermont agricultural buffer program.

(d)  Land enrolled in the Vermont agricultural buffer program shall be considered to be in “active use” as that term is defined in 32 V.S.A.

§ 3752(15).

(e)  As used in this section, “surface waters” means all rivers, streams, creeks, brooks, reservoirs, ponds, lakes, and springs which are contained within, flow through, or border upon the state or any portion of it.

Sec. 39.  AGENCY OF AGRICULTURE, FOOD AND MARKETS’ VERMONT AGRICULTURAL BUFFER PROGRAM

Notwithstanding any law to the contrary, the secretary of administration shall allow the use of up to $700,000.00 of the debt forgiveness negotiated by the state treasurer under Sec. 282 of No. 122 of the Acts of the 2003 Adj. Sess. (2004) to the agency of agriculture, food and markets for the Vermont agricultural buffer program established under 6 V.S.A. § 4900 and the federal conservation reserve enhancement program.

Sec. 40.  SUNSET

Sec. 38 of this act (Vermont agricultural buffer program) shall expire on June 30, 2011.

* * * Corrections * * *

Sec. 41.  28 V.S.A. § 817 is added to read:

§ 817.  CREATION OF WORK CAMPS; INTENT

It is the intent of the general assembly that the creation of one or more new work camps in fiscal year 2006 and after will help alleviate overcrowded conditions in the state’s correctional facilities and permit Vermonters housed in out‑of‑state facilities to be brought home to Vermont.  The general assembly specifically does not intend the creation of new work camps to result in an increase in the total number of Vermont offenders sentenced to incarceration.  Therefore, specific plans and programs developed by the department of corrections shall restrict placement in new work camps to those offenders who have been convicted of a nonviolent offense and who have served a portion of their current sentence within a correctional facility.  No court shall impose a sentence of imprisonment to be served initially or solely within the new facility.

* * * Effective Date * * *

Sec. 42.  EFFECTIVE DATE

Sec. 32 (renewable energy projects) of this act shall take effect on July 1, 2006 and shall apply to all applicable projects that receive final state board of education approval on or after that date.  Sec. 35 (school bond ballot and warning) shall take effect on July 1, 2006.  All other sections of this act shall take effect on passage.  The sums appropriated and the spending authority authorized by this act shall be continuing and shall not revert at the end of the fiscal year.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us