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House Calendar

TUESDAY, APRIL 15, 2008

99th DAY OF ADJOURNED SESSION

House Convenes at 10:00

TABLE OF CONTENTS

                                                                                                               Page No.

ACTION CALENDAR

     Action Postponed Until Tuesday, April 15, 2008

H. 894  Amendment to Charter to Town of Windsor.................................... 1609

          Rep. Devereux for Government Operations

Unfinished Business of Monday, April 14, 2008

     Third Reading

H. 689  Relating to Utility Prescriptive Rights................................................ 1609

H. 736  Children of Incarcerated Parents...................................................... 1609

Favorable with Amendment

H. 619  Regulation of Sexual Assault  Nurse Examiners................................ 1609                    Rep. Evans for Government Operations

          Rep. Hutchinson for Appropriations.................................................... 1612

H. 878  Relating to Elevator Safety............................................................... 1612

          Rep. Devereux for Government Operations

          Rep. Sharpe for Ways and Means

          Rep. Keenan for Appropriations......................................................... 1614

S. 240  Repealing Sunset to Social Security Breach Notice Act..................... 1614

          Rep. Donaghy for Judiciary

S. 290  Relating to Agricultural Water Quality............................................... 1614

          Rep. Spengler for Agriculture

S. 291  Farm Agronomic Practices Program at the Agency........................... 1615

          Rep. Malcolm for Agriculture

          Rep. Johnson of South Hero for Appropriations.................................. 1617

 

 

Favorable

S. 229  Relating to Access to Public Records............................................... 1617

          Rep. Grenier for Government Operations

S. 366  Administration of Voter’s Oath or Affirmation................................... 1617

          Rep. Manwaring for Government Operations

NEW BUSINESS

Favorable with Amendment

S. 232  Relating to Mobile Polling Stations.................................................... 1617

          Rep. Martin of Wolcott for Government Operations

Favorable

S.    2  Eligibility for Public Defender Services With Retail Theft.................... 1618

          Rep. Donaghy for Judiciary

S. 213  Designating State Highways in Manchester as Class I Highway......... 1618

          Rep. Potter for Transportation

S. 344  Internet and Mail Order Sales of Tobacco Products......................... 1618

          Rep. French for Human Services

Committee Relieved

H.R.  33 Opposition to China’s Human Rights Violations in Tibet................. 1618

Senate Proposal of Amendment

H. 775     Relating to Low-Profit Limited Liability Companies....................... 1619

Action Postponed Until Thursday, April 17, 2008

Senate Proposal of Amendment

H. 403    Postretirement Cost of Living Adjustments..................................... 1619

NOTICE CALENDAR

Favorable with Amendment

S. 365    Capital construction and state bonding............................................ 1619

          Rep. Emmons for Corrections and Institutions

                                                   Ordered to Lie                                   

H. 549    Establishing Buffer Zones Along Waterways................................... 1645


 

ORDERS OF THE DAY

ACTION CALENDAR

     Action Postponed Until Tuesday, April 15, 2008

H. 894

     Pending Action: Second reading of the bill.

An act relating to approval of amendments to the charter of the town of Windsor.

Rep. Devereux of Mount Holly, for the Committee on Government Operations, recommends the bill ought to pass.

( Committee Vote: 9-0-2)

Unfinished Business of Monday, April 14, 2008

     Third Reading

H. 689

     An act relating to utility prescriptive rights.

H. 736

     An act relating to children of incarcerated parents.

Favorable with Amendment

H. 619

     An act relating to the regulation of sexual assault nurse examiners.

Rep. Evans of Essex, for the Committee on Government Operations, recommends the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  DESIGNATION

33 V.S.A. chapter 3, §§ 301–311 are designated as:

Subchapter 1.  General Provisions

Sec. 2.  33 V.S.A. chapter 3, subchapter 2 is added to read:

Subchapter 2.  Sexual Assault Nurse Examiners

§ 321.  DEFINITION

As used in this chapter, “SANE” means sexual assault nurse examiner.

§ 322.  SANE BOARD

(a)  The SANE board is created for the purpose of regulating sexual assault nurse examiners.

(b)  The SANE board shall be composed of the following members:

(1)  the executive director of the Vermont nurses association, or designee;

(2)  the executive director of the Vermont hospital association, or designee;

(3)  the director of the Vermont state police crime lab, or designee;

(4)  the director of the Vermont network against domestic and sexual violence, or designee;

(5)  an attorney with experience prosecuting sexual assault crimes, appointed by the attorney general;

(6)  the executive director of the Vermont center for crime victim services, or designee;

(7)  a law enforcement officer assigned to one of Vermont’s special units of investigation, appointed by the commissioner of public safety;

(8)  a law enforcement officer employed by a municipal police department, appointed by the executive director of the Vermont criminal justice training council;

(9)  three sexual assault nurse examiners, appointed by the attorney general;

(10)  a physician whose practice includes the care of victims of sexual assault, appointed by the Vermont medical society;

(11)  a pediatrician whose practice includes the care of victims of sexual assault, appointed by the Vermont chapter of the American Academy of Pediatricians;

(12)  the coordinator of the Vermont victim assistance program, or designee;

(13)  the president of the Vermont alliance of child advocacy centers, or designee; and

(14)  the chair of the Vermont state board of nursing, or designee; and

(15)  the commissioner for children and families, or designee.

(c)  The SANE board shall be attached to the attorney general’s office for administrative purposes.

§ 323.  SANE PROGRAM CLINICAL COORDINATOR

The SANE board may hire, subject to available funding, a SANE program clinical coordinator who shall serve at the pleasure of the board and who shall:

(1)  oversee the recruitment and retention of SANEs in the state of Vermont;

(2)  administer a statewide training program, including:

(A)  the initial SANE certification training;

(B)  ongoing training to ensure currency of practice for SANEs; and

(C)  advanced training programs as needed;

(3)  provide consultation and technical assistance to SANEs and hospitals regarding the standardized sexual assault protocol;

(4)  provide training and outreach to criminal justice and

community-based agencies as needed.

§ 324.  SANE BOARD; DUTIES

(a)  A person licensed under chapter 28 of Title 26 may obtain a specialized certification as a sexual assault nurse examiner if he or she demonstrates compliance with the requirements for specialized certification as established by the SANE board by rule.

(b)  The SANE board shall adopt the following by rule:

(1)  educational requirements for obtaining specialized certification as a sexual assault nurse examiner and statewide standards for the provision of education;

(2)  continuing education requirements and clinical experience necessary for maintenance of the SANE specialized certification;

(3)  a standardized sexual assault protocol and kit to be used by all physicians or hospitals in this state when providing forensic examinations of victims of alleged sexual offenses; and

(4)  a system of monitoring for compliance.

(c)  The SANE board may investigate complaints against a SANE and may revoke certification as appropriate.

Sec. 3.  SANE PROGRAM CLINICAL COORDINATOR; POSITION;

CREATION

The establishment of one (1) new full‑time exempt position – SANE program clinical coordinator – is authorized.

(Committee vote: 9-0-2)

Rep. Hutchinson of Randolph, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Government Operations and when further amended by adding  a new Sec. 4 to read:

Sec. 4.  APPROPRIATION

The amount of $50,000 special funds is appropriated from the restitution fund to the Office of the Attorney General for the purpose of supporting the SANE program clinical coordinator established in Sec. 3 of this act.  It is the intent of the general assembly that special funds in the amount of $50,000 be made available to support the SANE program clinical coordinator for each of the fiscal years 2009 and 2010.

(Committee Vote: 11-0-0)

H. 878

An act relating to elevator safety.

(Rep. Devereux of Mount Holly will speak for the Committee on Government Operations.)

Rep. Sharpe of Bristol, for the Committee on Ways and Means, recommends the bill be amended as follows:

First:  By striking Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 as follows:

Sec. 2.  21 V.S.A. § 152 is amended to read:

§ 152.  NEW INSTALLATIONS; ANNUAL INSPECTIONS AND

      REGISTRATIONS

(a)  A new conveyance shall not be placed in operation until it has been inspected by an elevator inspector other than the installer, and a certificate of operation has been issued.

(b)  Every conveyance subject to this subchapter shall be inspected annually by an elevator inspector who may charge a fee for the service as established by the board by rule.  Rules adopted by the board under this subsection shall take into account the degree of difficulty required by the inspection, the frequency of use of the conveyance, and the mode of operation of the conveyance, such as cable, traction, hydraulic, light use, or platform liftAn inspector may charge a fee not to exceed $100.00 for each inspection.  The inspector shall notify the department if a conveyance is found to be in violation of this subchapter or any rule adopted under this subchapter.

(c)  An elevator inspector shall issue a certificate of operation after the inspector has inspected a new or existing conveyance, and has determined that the conveyance is in compliance with this subchapter.  A certificate of operation shall be renewed annually.  An owner of a conveyance shall ensure that the required inspections and tests are performed at intervals that comply with rules adopted by the board.  Certificates of operation shall be clearly displayed on or in each conveyance or in each machinery room.

(d)  The department may issue a conditional certificate of operation for a conveyance that is not in complete compliance, provided the conveyance has been inspected and determined to be safe for temporary operation.  This conditional certificate of operation permits shall permit a conveyance to operate for no more than 30 180 days or until the conveyance is in compliance, whichever occurs first.

(e)  The inspector shall submit $25.00 of the fee charged for each inspection to the department for each certificate of operation issued under this subchapter.

(f)  As established by the board by rule, an inspector may charge a fee not to exceed $250.00 for each inspection, and this fee shall be subject to the provisions of subchapter 6 of chapter 7 of Title 32.

(g)  Until rules are adopted under subsection (f) of this section, an inspector may charge a fee not to exceed $100.00, and this fee shall be subject to the provisions of subchapter 6 of chapter 7 of Title 32.

Second:  By striking Sec. 4 in its entirety and inserting in lieu thereof a new Sec. 4 as follows:

Sec. 4.  REPEAL

21 V.S.A. § 152(g) (inspector fee cap of $100.00) shall be repealed on the effective date of rules adopted pursuant to 21 V.S.A. § 152.

Third:  By adding a Sec. 4a as follows:

Sec. 4a.  ELEVATOR SAFETY REVIEW BOARD; RULEMAKING

The general assembly finds that there exists an imminent peril to the public health, safety or welfare that necessitates the adoption of emergency rules pursuant to 3 V.S.A. § 844 by the elevator safety review board as required by 21 V.S.A. § 152.  Emergency rules shall be filed as soon as possible after notice and an opportunity to be heard by persons who may be affected by them.  The board shall propose a permanent rule on the same subject at the same time that it adopts an emergency rule.

 (Committee vote: 8-0-3)

Rep. Keenan of St. Albans, for the Committee on Appropriations, recommends the bill ought to pass when amended as recommended by the Committee on Ways and Means.

(Committee Vote: 10-0-1)

S. 240

An act relating to repealing the sunset of the law enforcement exemption to the social security breach notice act.

Rep. Donaghy of Poultney, for the Committee on Judiciary, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  REPEAL OF SUNSET OF LAW ENFORCEMENT

        EXEMPTION TO SOCIAL SECURITY BREACH NOTICE ACT

Sec. 5 of No. 162 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

Sec. 5.  SUNSET

9 V.S.A. § 2435(h) (exemption for law enforcement agencies from security breach notice act) shall be repealed June 30, 2008 2009.

(Committee vote: 9-0-2)

No Senate Amendments

S. 290

An act relating to agricultural water quality.

Rep. Spengler of Colchester, for the Committee on Agriculture, recommends that the House propose to the Senate that the bill be amended  by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  6 V.S.A. § 4828 is added to read:

§ 4828.  CAPITAL EQUIPMENT ASSISTANCE PROGRAM

(a)  It is the purpose of this section to provide assistance to contract applicators and farms to purchase or use innovative manure injection equipment that will aid in the reduction of surface runoff of agricultural wastes to state waters, improve water quality of state waters, reduce odors from manure application, decrease greenhouse gas emissions, and reduce costs to farmers.

(b)  The capital equipment assistance program is created in the agency of agriculture, food and markets to provide farms and custom applicators in Vermont with state financial assistance for the purchase of new or innovative manure injection equipment to improve manure application or nutrient management plan implementation.

(c)  Assistance under this section shall in each fiscal year be allocated according to the following priorities and as further defined by rule by the secretary:

(1)  First priority shall be given to capital equipment to be used on farm sites by a custom applicator that is located in descending order within the boundaries of:

(A)  the Lake Champlain Basin;

(B)  the Lake Memphremagog Basin;

(C)  the Connecticut River Basin; and

(D)  the Hudson River Basin.

(2)  Next priority shall be given to capital equipment to be used at a farm site which is located in descending order within the boundaries of:

(A)  the Lake Champlain Basin;

(B)  the Lake Memphremagog Basin;

(C)  the Connecticut River Basin; and

(D)  the Hudson River Basin.

(d)  On or before January 15, 2009, and annually thereafter, the secretary of agriculture, food and markets shall report to the house and senate committees on agriculture regarding the performance of and results achieved by providing capital assistance to custom applicators and farms for new or innovative manure injection equipment.

(Committee vote: 9-0-2)

(For text see Senate Journal February 20, 2008 – P. 171 )

S. 291

An act relating to the farm agronomic practices program at the Agency of Agriculture, Food and Markets.

Rep. Malcolm of Pawlet, for the Committee on Agriculture, recommends that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

Sec. 1.  6 V.S.A. § 4951 is added to read:

§ 4951.  FARM AGRONOMIC PRACTICES PROGRAM

(a)  The farm agronomic practices assistance program is created in the agency of agriculture, food and markets to provide the farms of Vermont with state financial assistance for the implementation of soil-based practices that improve soil quality and nutrient retention, increase crop production, minimize erosion potential, and reduce agricultural waste discharges.  The following practices shall be eligible for assistance to farms under the grant program:

(1)  conservation crop rotation;

(2)  cover cropping;

(3)  strip cropping;

(4)  cross-slope tillage;

(5)  zone or no-tillage;

(6)  pre-sidedress nitrate tests;

(7)  annual maintenance of a nutrient management plan that is no longer receiving funding under a state or federal contract, provided the maximum assistance provided to a farmer under this subdivision shall be $1,000.00 per year; and

(8)  educational and instructional activities to inform the farmers and citizens of Vermont of:

(A)  the impact on Vermont waters of agricultural waste discharges;

(B)  the federal and state requirements for controlling agricultural waste discharges.

(b)  Funding available under section 4827 of this title for nutrient management planning may be used to fund practices under this section.

Sec. 2.  REPEAL

Sec. 80a of No. 215 of the Acts of the 2005 Adj. Sess. (2006) is hereby repealed and replaced by 6 V.S.A. § 4951.

Sec. 3.  6 V.S.A. § 4824(a) is amended to read:

(a)  State grant.  State financial assistance awarded under this subchapter shall be in the form of a grant.  When a state grant is intended to match federal financial assistance for the same on-farm improvement project, the state grant shall be awarded only when the federal financial assistance has also been approved for or awarded.  An applicant for a state grant shall pay at least 15 percent of the total eligible project cost.  The dollar amount of a state grant shall be equal to the total eligible project cost, less 15 percent of the total as paid by the applicant, and less the amount of any federal assistance awarded, except that a state grant shall not exceed 50 80 percent of the total eligible project cost.

Sec. 4.  EFFECTIVE DATE

This act shall take effect upon passage.

(Committee vote: 11-0-0)

Rep. Johnson of South Hero, for the Committee on Appropriations, recommends the bill ought to pass in concurrence when amended as recommended by the Committee on Agriculture.

(Committee vote: 10-0-1)

(For text see Senate Journal 2/20/2008 – P. 172 )

Favorable

S. 229

An act relating to access to public records.

Rep. Grenier of St. Johnsbury, for the Committee on Government Operations, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-0-1)

(For text see Senate Journal 3/25/08- P. 448 )

S. 366

An act relating to the administration of the voter’s oath or affirmation.

Rep. Manwaring of Wilmington, for the Committee on Government Operations, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-01) 

    No Senate amendments

NEW BUSINESS

Favorable with Amendment

S. 232

An act relating to mobile polling stations.

Rep. Martin of Wolcott, for the Committee on Government Operations, recommends that the House propose to the Senate that the bill be amended by adding Sec. 3 and Sec. 4 as follows:

Sec. 3.  PURPOSE

The general assembly intends that the authorization for use of mobile polling stations created by this act is a pilot project and shall only be effective until July 1, 2009.

Sec. 4.  SECRETARY OF STATE; REPORT

The secretary of state shall report to the house and senate committees on government operations by January 15, 2009 on the results of the use of mobile polling stations.

(Committee vote: 8-0-3)

(For text see Senate Journal 2/13/08 – P. 148 )

Favorable

S. 2

An act relating to bail and eligibility for public defender services for defendants charged with retail theft.

Rep. Donaghy of Poultney, for the Committee on Judiciary, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-0-1)

S. 213

An act relating to the designation of a portion of state highways in the town of Manchester as Class 1 highways.

Rep. Potter of Clarendon, for the Committee on Transportation, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-0-1)

S. 344

An act relating to internet and mail order sales of tobacco products.

Rep. French of Randolph, for the Committee on Human Services, recommends that the bill ought to pass in concurrence.

(Committee Vote: 10-0-1)

(For text see Senate Journal 3/26/08 – P. 454 )

Committee Relieved

     H. R. 33

     House resolution expressing strong opposition to and urging effective and immediate congressional action to stop human rights violations by the Government of the People’s Republic of China’s human rights violations in the geographic area known as Tibet

(For text see House Journal  April 8, 2008- P. 881)

Senate Proposal of Amendment

H. 775

     An act relating to relating to low-profit limited liability companies.

     The Senate proposes to the House to amend the bill as follows:

First:  In Sec. 1, 11 V.S.A. § 3001(23)(D), at the end, after the period, by adding the following:  The name of the company must be changed to be in conformance with subsection 3005(a) of this title.

Second:  By striking out Sec. 2 in its entirety and inserting in lieu thereof a new Sec. 2 to read as follows:

Sec. 2.  11 V.S.A. § 3005(a) is amended to read:

(a)(1)  The Except for low-profit limited liability companies, the name of a limited liability company as set forth in its articles of organization shall contain the words “limited liability company” or “limited company” or the abbreviation “L.L.C.,” “LLC,” “L.C.,” or “LC.”  The word “limited” may be abbreviated as “Ltd.” and “company” may be abbreviated as “Co.” in a limited liability company name. 

(2)  The name of a low-profit limited liability company as defined in subdivision 3001(23) of this chapter shall contain the abbreviation L3C or l3c.

Third:  By adding a new section, to be Sec. 3, to read as follows:

Sec. 3.  EFFECTIVE DATE

This act shall take effect upon passage.

(no House amendments to bill)

Action Postponed Until Thursday, April 17, 2008

Senate Proposal of Amendment

H. 403

          An act relating to postretirement cost of living adjustments for state employees

NOTICE CALENDAR

S. 365

     An act relating to capital construction and state bonding.

     Rep. Emmons of Springfield, for the committee on Corrections and Institutions, respectfully report that they have met and considered the same and recommend that the House propose to the Senate that the bill be amended by striking all after the enacting clause and inserting in lieu thereof the following:

* * * Capital Appropriations * * *

Sec. 1.  STATE BUILDINGS

The following is appropriated in total 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 senate committee on institutions and the house committee on corrections and institutions are notified before that action is taken.  The individual allocations in this section are estimates only.

(1)  Statewide, Americans with Disabilities Act (ADA) – for improvements at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont in Pittsford:                                                            125,000

(2)  Statewide, building reuse:                                                      100,000

(3)  Statewide, contingency fund:                                                  500,000

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

(5)  Statewide, planning:                                                               25,000

(6)  Montpelier, 120 State Street, elevator replacement:   450,000

(7)  Montpelier, 120 State Street, window replacement:   500,000

(8)  Springfield state office building, supplement:                           300,000

(9)  St. Albans, 20 Houghton Street, roof repairs:                        250,000

(10)  St. Albans, 20 Houghton Street, heating, ventilation, and air conditioning (HVAC) improvements:                                450,000

(11)  St. Albans, correctional facility sewer upgrade:         600,000

(12)  State Archives, relocation to Middlesex, design, and construction:

                                                                                                   1,500,000

Total appropriation – Section 1                                                           $11,800,000

Sec. 2.  TAXES

The sum of $100,000 is appropriated to the department of taxes for 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/BUILDING

#617 IN ESSEX

The sum of $5,000,000 is appropriated to the department of buildings and general services for construction and renovation of Building #617 in Essex, including co-location of the department of health and department of public safety forensics laboratories.                         

Total appropriation - Section 3                                                             $5,000,000

Sec. 4.  HUMAN SERVICES

The following is appropriated in total to the department of buildings and general services for the agency of human services for the projects described in this section.

(1)  Vermont state hospital, ongoing security and maintenance:                                                                                                                           100,000

(2)  Vermont state hospital, to study the feasibility of converting the Dale correctional facility in Waterbury into a secure 15-bed state hospital facility, and for continued planning, design, and permitting associated with the certificate of need (CON) process for a new state hospital facility

or facilities:                                                                                250,000

(3)  Corrections, continuation of suicide abatement project:          124,000

(4)  Corrections, major maintenance and renovations:    1,845,000

Total appropriation – Section 4                                                             $2,319,000

Sec. 5.  JUDICIARY

The sum of $719,676 is appropriated to the department of buildings and general services for the judiciary for security improvements, renovations, and mechanical upgrades at the Windham district and family courthouse in Brattleboro.

Total appropriation – Section 5                                                             $719,676

Sec. 6.  BUILDING COMMUNITIES GRANTS

The following sums are appropriated for building communities grants:

(1)  To the agency of commerce and community development, division for historic preservation, for the historic preservation grant program established in 24 V.S.A. § 5601:                                                     150,000

(2)  To the agency of commerce and community development, division for historic preservation, for the historic barns preservation grant program established in 24 V.S.A. § 5602.  However, funds shall not be granted to projects which propose to remove historic building features, even if they were added after the original construction of the building.  The division for historic preservation, with the approval of the commissioner of housing and community affairs, may use up to $40,000 of the funds appropriated in this subdivision to conduct a statewide census of Vermont barns for the purpose of future restoration efforts:                                                                        150,000

(3)  To the agency of commerce and community development, division for historic preservation, for the cultural facilities grant program established in 24 V.S.A. § 5603:                                                                        150,000

(4)  To the department of buildings and general services for the recreational facilities grant program established in 24 V.S.A. § 5604:                                                                                                                                                     150,000

(5)  To the department of buildings and general services for the human services and educational facilities competitive grant program established in 24 V.S.A. § 5605:                                                                                    150,000

(6)  To the department of information and innovation for the Vermont telecommunications authority for the broadband development grant program established in Sec. 3 of No. 79 of the Acts of 2007:                                    100,000

Total appropriation – Section 6                                                             $850,000

Sec. 7.  COMMERCE AND COMMUNITY DEVELOPMENT

(a)  The following sums are appropriated to the department of buildings and general services for the agency of commerce and community development for the following projects:

(1)  Major maintenance at historic sites statewide; provided such maintenance shall be under the supervision of the department of buildings and general services:                                                                             200,000

(2)  Continued planning and design to expand the visitors’ center at the Calvin Coolidge state historic site in Plymouth Notch.  These funds, and up to $84,100 of unexpended funds from previous years’ appropriations, may be used as matching funds for a challenge grant from the National Endowment for the Humanities:                                                                  200,000

(b)  The following sums are appropriated to the agency of commerce and community development for the following projects:

(1)  Protecting, preserving, moving, or reinterring human remains discovered in unmarked burial sites:                                        25,000

(2)  Underwater preserves:                                                          25,000

(3)  Placement and replacement of roadside historic site markers:                                                                                                                                    10,000

Total appropriation – Section 7                                                             $460,000

Sec. 8.  EDUCATION

The following is appropriated in total to the department of education for the purposes described in this section:

(1)  State aid for school construction projects pursuant to section 3448 of Title 16, to be expended on projects prioritized for funding by the state board of education on December 18, 2007:                                                   9,993,250

(2)  For the Walden School District, for 25 percent of the eligible costs of roof repairs at the Walden School:                           6,750

Total appropriation – Section 8                                                                                                                                                                                            $10,000,000

Sec. 9.  AUSTINE SCHOOL

The sum of $50,000 is appropriated to the department of buildings and general services for renovation of Holton Hall at the Austine School.

Total appropriation – Section 9                                                             $50,000

Sec. 10.  UNIVERSITY OF VERMONT

The sum of $1,600,000 is appropriated to the University of Vermont for construction, renovation, or maintenance projects.  The university shall file with the general assembly on or before January 15 an annual report that details the status of capital projects funded in whole or in part by state capital appropriations, including an explanation of the process for bidding for contractors or subcontractors where the amount of the contract or subcontract exceeds $50,000.

Total appropriation – Section 10                                                           $1,600,000

Sec. 11.  VERMONT STATE COLLEGES

The sum of $1,600,000 is appropriated to the Vermont State Colleges for major facility maintenance.  The state colleges shall file with the general assembly on or before January 15 an annual report that details the status of capital projects funded in whole or in part by state capital appropriations, including an explanation of the process for bidding for contractors or subcontractors where the amount of the contract or subcontract exceeds $50,000.

Total appropriation – Section 11                                                           $1,600,000

Sec. 12.  NATURAL RESOURCES

(a)  The following is appropriated in total to the agency of natural resources for water pollution control projects:

(1)  State matching funds for the pollution control and clean water state revolving fund administered in accordance with chapter 55 of Title 10 and chapter 120 of Title 24:                                                                                2,100,000

(2)  Pollution control projects in Springfield and Newport City:                                                                                                                 2,000,000

(3)  Wastewater facilities project in Pownal:                     1,000,000

(4)  Interest on short‑term borrowing associated with delayed grant funding for the Pownal project:                                          120,000

Total Appropriation - Section 12(a)                                          $5,220,000

(b)  The following is appropriated in total to the agency of natural resources for the drinking water state revolving fund:                     1,900,000

(c)  The following is appropriated in total 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:

(1)  Ecosystem restoration and protection:                        1,200,000

(2)  Unregulated stormwater management:                        150,000

(3)  Wastewater phosphorus removal at municipal wastewater treatment plants:                                                                                 550,000

Total Appropriation - Section 12(c)                                            $1,350,000

(d)  The following sum is appropriated to the agency of natural resources for the state’s year-one share of the federal match to conduct a three-year study of spring flooding in the city of Montpelier.  However, the state shall not enter into any commitment to pay for construction of flood control improvements without legislative approval:                                                100,000

(e)  The following sums are appropriated to the agency of natural resources for the department of forests, parks and recreation for the purposes described in this subsection:

(1)  Rehabilitation of aging state park infrastructure:          800,000

(2)  For the Green Mountain Club, Inc. for the procurement in fee simple or by easement of properties along the Long Trail:            25,000

Total Appropriation - Section 12(e)                                          $825,000

(f)  The following sums are appropriated  to the agency of natural resources for the department of fish and wildlife for projects described in this subsection:

(1)  Filter building at the Bald Hill Fish Culture Station:   125,000

(2)  Road resurfacing, dismantling of a degraded building, or shooting range modifications at Buck Lake and Kehoe conservation camps, or any combination of these:                                                                      50,000

(3)  For the Lake Champlain Walleye Association, Inc. to upgrade and repair the walleye rearing, restoration, and stocking infrastructure:            25,000

(4)  For the purchase and installation of a generator at the Salisbury fish culture station:                                                                  $100,000

Total Appropriation  Section 12(f)                                             $300,000

Total appropriation – Section 12                                                                                                                                                                                            $10,245,000

Sec. 13.  MILITARY

The following is appropriated in total to the department of the military for the projects described in this section.  If the state’s share of site acquisition costs in subdivision (1) of this section exceeds $150,000, the department of the military may use funds appropriated in subdivision (2) of this section as needed for the state’s share:

(1)  Site acquisition for the combined northern field maintenance shop and Morrisville armory:                                                  150,000

(2)  Design and implementation of energy conservation projects at up to ten armories:                                                                   200,000

Total appropriation – Section 13                                                           $350,000

Sec. 14.  PUBLIC SAFETY

The sum of $15,000 is appropriated to the department of buildings and general services for the department of public safety for removal of the pump island and underground storage tank in Waterbury.

Total appropriation – Section 14                                                           $15,000

Sec. 15.  FIRE SERVICE TRAINING

The following sums are appropriated for fire service training:

(1)  To the department of buildings and general services for the Vermont fire service training council for construction of a fire training facility at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont in Pittsford.  Capital funds appropriated for construction of this project shall not exceed the sum of $2,000,000:                         2,000,000

(2)  To Vermont State Colleges as the state’s financial contribution to the construction of a steel burn building at the Vermont Technical College campus in Randolph.  The state’s appropriation is contingent upon receipt by Vermont Technical College of a $406,000 federal appropriation earmarked for construction of the steel burn building.  As a condition of the state’s appropriation, Vermont Technical College shall provide use of classrooms and dormitories for firefighter training during times when they are not otherwise needed for Vermont Technical College programs or services.  In the event the federal funds earmarked for this project are not received by January 1, 2009, the appropriation of this subdivision shall revert to the department of buildings and general services for future capital expenditures.  It is the intent of the general assembly that the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Center of Vermont in Pittsford shall be the headquarters for the fire service training council, and that the building constructed pursuant to this subdivision shall be a satellite building operated by the fire service training council.  The fire service training council shall enter into a memorandum of understanding with the Vermont Technical College regarding operation of the building:                                                                             240,000

Total appropriation – Section 15                                                           $2,240,000

Sec. 16.  AGRICULTURE, FOOD AND MARKETS

The following sums are appropriated in total to the agency of agriculture, food and markets for the purposes described in this section:

(1)  For the best management practice implementation cost share program, to continue to develop best management practices on Vermont farms.  Farmers participating in this program are eligible for cost share funds not to exceed $75,000 or 80 percent of a project:                                                          1,800,000

(2)  For the agricultural buffer program, to install water quality conservation buffers, and for the capital equipment assistance program established in S.290 of 2008.  Up to $250,000 of this amount shall be for the capital equipment assistance program, provided that the state’s share shall not exceed $50,000 or 50 percent of a project:                                       500,000

(3)  For the competitive grants program for agricultural fair capital projects.  No single entity shall be awarded more than ten percent of this appropriation:                                                                                        180,000

Total appropriation – Section 16                                                           $2,480,000

Sec. 17.  VERMONT PUBLIC TELEVISION

The sum of $300,000 is appropriated to Vermont Public Television as the state match for the federally mandated conversion of Vermont Public Television’s transmission sites to digital broadcasting format.

Total appropriation – Section 17                                                           $300,000

Sec. 18.  VERMONT INTERACTIVE TELEVISION

The sum of $214,770 is appropriated to Vermont Interactive Television for video upgrades, codec upgrades, monitor replacement, or any combination thereof, at Vermont Interactive Television sites.

Total appropriation – Section 18                                                           $214,770

Sec. 19.  VERMONT RURAL FIRE PROTECTION

The sum of $100,000 is appropriated to the department of public safety, division of fire safety for the Vermont rural fire protection task force to continue the dry hydrant program.

Total appropriation – Section 19                                                           100,000

Sec. 20.  VERMONT VETERANS HOME

The sum of $1,700,000 is appropriated to the department of buildings and general services for the Vermont Veterans Home for the final phase of geothermal HVAC renovations.

Total appropriation – Section 20                                                           $1,700,000

Sec. 21.  VERMONT CENTER FOR CRIME VICTIM SERVICES

The sum of $50,000 is appropriated to the Vermont Center for Crime Victim Services for Americans with Disabilities Act improvements at domestic violence shelters.  The Vermont Center for Crime Victim Services shall file with the commissioner of buildings and general services an annual report, on or before December 1, 2008, which details the status of the improvements funded in whole or in part by state capital appropriations.

Total appropriation – Section 21                                                           $50,000

* * * Financing this Act * * *

Sec. 22.  REALLOCATION OF FUNDS; TRANSFER OF FUNDS

The following sums are reallocated to the department of buildings and general services to defray expenditures authorized in Sec. 1 of this act, unless otherwise specified:

(1)  of the amount appropriated in Sec. 2(c) of No. 185 of the Acts of the 1995 Adj. Sess. (1996) (GOVnet for schools):                                 2,695.47

(2)  of the amount appropriated in Sec. 8(a)(6) of No. 62 of the Acts of 1997 (information technology):                                   14,440.22

(3)  of the amount appropriated by Sec. 2(d) of No. 62 of the Acts of 1995 (EWIMS):                                                           11,500.50

(4)  of the amount appropriated by Sec. 2(b) of No. 62  of the Acts of 1995 (satellite video recording equipment):                         4,211.50

(5)  of the amount appropriated by Sec. 2a(b)(1) of No. 62 of the Acts of 1995 (VALS to GOVnet conversion):                     5,381.29

(6)  of the amount appropriated by Sec. 5(p) of No. 121 of the Acts of the 2003 Adj. Sess. (2004) (Vermont hydroelectric):                        152,675.59

(7)  of the amount appropriated by Sec. 4(e) of No. 149 of the Acts of the 2001 Adj. Sess. (2002) (illumination plan for Bennington Battle Monument):                                                                                                                                         528.99

(8)  of the amount appropriated by Sec. 11(b) of No. 121 of the Acts of the 2003 Adj. Sess. (2004) (creation of Civil War monument):             1,296.61

(9)  of the amount appropriated by Sec. 3(f)(2) of No. 43 of the Acts of 2005 (fit-up of a VCI building at the southern state correctional facility):                                                                                                                                          44,912.60

(10)  of the amount appropriated by Sec. 4 of No. 43 of the Acts of 2005 (Rutland courthouse renovations):                                39,249.25

(11)  of the amount appropriated by Sec. 20 of No. 43 of the Acts of 2005 (Vermont Veterans’ Memorial Cemetery expansion design): 50,000.00

(12)  of the amount appropriated by Sec. 5(c) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (renovations to Bennington courthouse to enhance security and litigant services):                                                                        198,844.00

(13)  of the amount appropriated by Sec. 12(d) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (public safety outpost at the Williston rest area):                                                                                                                                           3,912.00

(14)  of the amount appropriated by Sec. 1(1) of No. 52 of the Acts of 2007 (design and construction of state archives at the triangle site in Montpelier) for the purpose of relocating the state archives to Middlesex pursuant to Sec. 1(12) of this act:                                                              1,695,547.50

(15)  of the amount appropriated by Sec. 16(a)(1) of No. 43 of the Acts of 2005 (historic preservation grants):                                394.41

(16)  of the amount appropriated by Sec. 16(a)(1) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (historic preservation grants):                             23,016.00

(17)  for the purpose of closing and renovating correctional facilities pursuant to Sec. 4(4) of this act:

(A)  of the amount appropriated by Sec. 3(c) of No. 43 of the Acts of 2005 (corrections work camp):                                    78,587.41

(B)  of the amount appropriated by Sec. 4(c) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (corrections work camp):                           676,167.00

(C)  of the amount appropriated by Sec. 4(1) of No. 52 of the Acts of 2007 (corrections work camp site acquisition):                           99,367.00

(18)  of the amount appropriated by Sec. 5(b)(1) of No. 121 of the Acts of 2004 (historic barn grants):                                       241.93

(19)  of the amount appropriated by Sec. 16(a)(2) of No. 43 of the Acts of 2005 (historic barn grants):                                      9,728.70

(20)  of the amount appropriated by Sec. 16(a)(2) of No. 147 of the Acts of the 2005 Adj. Sess. (2006) (historic barn grants):                            30,748.00

Total reallocations and transfers – Section 22                                $3,143,445.97

Sec. 23.  GENERAL OBLIGATION BONDS

(a)  The state treasurer is authorized to issue general obligation bonds in the amount of $49,050,000 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.

(b)  It is the intent of the general assembly to authorize the state treasurer to issue general obligation bonds in the amount of $54,650,000.  However, of this amount, $5,600,000 shall be authorized in the appropriations bill for fiscal year 2009.

Total bonding – Section 23                                                        $49,050,000

* * * Managing this Act * * *

Sec. 24.  AUTHORITY TO TRANSFER FUNDS

The secretary of natural resources, with the approval of the secretary of administration, may transfer any unexpended project balances among projects authorized in Sec. 12 of this act.

Sec. 25.  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.

(5)  The commissioner of buildings and general services may accept federal grant funds from the department of public safety for the purpose of purchasing, designing, and retrofitting a new emergency management facility and emergency operations center.  No state funds shall be appropriated to this project from general obligation bonds issued for capital construction under this act or any prior capital construction 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 senate committee on institutions and the house committee on corrections and institutions and to the joint fiscal committee. 

* * * Buildings and General Services * * *

Sec. 26.  PROJECTS FUNDED IN PRIOR YEARS; BENNINGTON STATE OFFICE BUILDING; BUILDING #617 IN ESSEX JUNCTION

(a)  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.

(b)  The commissioner of buildings and general services is authorized to spend up to $250,000 from funds appropriated for the Bennington state office building in Sec. 1(14) of No. 52 of the Acts of 2007 for the purpose of developing a comprehensive proposal to meet state office building needs while supporting the downtown redevelopment initiative in the town of Bennington.  In developing the proposal, the commissioner may hire one or more consultants to evaluate existing and potential state office space in Bennington, and shall consult with the Bennington downtown task force created by Sec. 4 of No. 53 of the Acts of 2007 to explore and evaluate opportunities.  Any recommended proposal shall limit the state’s capital appropriation for the project to up to a total of $10 million, and the commissioner shall explore all potential funding opportunities for the proposal.  On or before January 15, 2009, the commissioner of buildings and general services shall submit a report to the senate committee on institutions and the house committees on corrections and institutions on behalf of the department of buildings and general services and the Bennington downtown task force regarding a plan for Bennington state offices and for the Bennington district and family courts.  The proposal may include any of the following:

(1)  Selling the current state office building and land, and relocating state programs, services, and staff to another site.

(2)  Redeveloping one or more state buildings.  Redevelopment may include any of the following for all or portions of the building or buildings:  renovations, razing, leasing, entering into condominium agreements, entering into partnership agreements, and location of state programs, services, and staff.

(3)  Purchase or lease of a building or buildings, or a portion of a building or buildings in the town of Bennington for relocation of state programs, services, and staff.

(4)  Purchase of land and construction of a building in the town of Bennington, with priority consideration given to the designated downtown development district; location of state programs, services, and staff in the downtown building; and potential use of a portion of the building by nonstate workers through a lease, condominium agreement, or partnership agreement.

(c)  Current construction plans and funding for the health and public safety laboratories at Building #617 in Essex referenced in Sec. 3 of this act require phased construction, which could potentially increase the overall cost of this project.  It is therefore deemed to be in the state’s best interest to expedite construction, and it is the intent of the general assembly to approve the exploration by the commissioner of buildings and general services of various development options that would expedite the construction process.  Notwithstanding sections 161, 165, and 166 of Title 29, the commissioner of buildings and general services is authorized to explore, develop, and negotiate with the current property manager all development options available regarding the land and property commonly referred to as “Building #617” in Essex Junction.  Upon obtaining approval from the secretary of administration, and the chairs and vice chairs of the senate and house committees on appropriations, the senate committee on institutions, and the house committee on corrections and institutions, the commissioner of buildings and general services may undertake any of the following:

(1)  Enter into one or more development agreements that would expedite the design, development, construction, and occupancy of the proposed health and forensic laboratories.

(2)  Sell the state’s property or any portion thereof located at 30 and 42 Allen Martin Drive in Essex Junction.  The commissioner’s authority to sell includes the discretion to apply the proceeds from the sale to the state’s contribution or costs related to the development plan for the health and forensic laboratories.

(3)  Reallocate any unencumbered prior capital appropriations for the development and construction of the health and forensic laboratories to the state’s contribution or costs related to the plan for expedited construction.  

(4)  Enter into operating leases or agreements, including condominium agreements, or other agreements such as lease-purchase, lease-lease back,

sell-lease back, land lease, or any combination thereof to expedite the construction of Building #617 in Essex Junction.

(d)  In order to expedite the placement of the state public safety laboratories, the commissioner of buildings and general services is authorized to pursue options for location of the laboratories other than the Building #617 location.  Upon obtaining approval from the secretary of administration, and the chairs and vice chairs of the senate and house committees on appropriations, the senate committee on institutions, and the house committee on corrections and institutions, the commissioner may:

(1)  Enter into one or more development agreements that would expedite the design, development, construction, and occupancy of the state public safety laboratories.

(2)  Sell all or a portion of Building #617and associated land pursuant to 29 V.S.A. § 166.

(3)  Reallocate any unencumbered prior capital appropriations for the development and construction of the health and forensic laboratories to the state’s contribution or costs related to the plan for expedited placement.  

(4)  Enter into operating leases or agreements, including condominium agreements, or other agreements such as lease-purchase, lease-lease back,

sell-lease back, land lease, or any combination thereof to expedite the placement of the laboratories.

(e)  The commissioner of buildings and general services is authorized to spend any funds remaining from $50,000 appropriated in Sec. 13(b) of No. 52 of the Acts of 2007 for the purpose of negotiating a purchase price and purchasing an option to buy land in Westminster for a new public safety field station to serve southeastern Vermont.  Any option shall be purchased pursuant to 29 V.S.A. § 152(a)(3)(B).  The commissioner may also use these funds to begin the process of obtaining the necessary permits to build the field station.

Sec. 27.  PROPERTY TRANSACTIONS; MISCELLANEOUS

(a)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services, with the approval of the secretary of administration, is authorized to sell or lease 900 square feet of state-owned land at the Newport state office building in the town of Newport.  After payment of any costs and fees associated with the transaction, proceeds from a sale shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d), and proceeds from a lease shall be deposited into a property management fund pursuant to 29 V.S.A. § 160.

(b)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services, with the approval of the secretary of administration, is authorized to subdivide and sell, at fair market value based on an appraisal paid for by the prospective purchaser, a section of state-owned property located on Railroad Row in the town of Hartford.  After payment of any costs and fees associated with the sale, proceeds shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d).

(c)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services is authorized to subdivide and sell, as described in this subsection, the real property commonly referred to as the “Former Tree Farm Property” and associated buildings located in the town and village of Essex.  The property is located on the east side of Old Colchester road, the northerly part of the property being located in the town of Essex and the southerly part of the property being located in the village of Essex Junction.  Proceeds from the sale or sales, net of all related development, permitting, relocation, and sale costs, shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d).  The commissioner may:

(1)  Negotiate and enter into a sales agreement with the town of Essex, the village of Essex Junction, the Tree Farm Management Group, Inc., or any combination thereof for the sale of the parcel currently subject to a lease agreement between the state of Vermont, the town of Essex, and the village of Essex Junction; provided that the terms of the sale include a covenant restricting use of the land to educational, agricultural, and recreational uses and prohibiting development for housing, commercial, or industrial use.

(2)  Sell the wooded portion of the land on the eastern side, provided that the terms of the sale include a covenant restricting use of the land to educational, agricultural, and recreational uses and prohibiting development for housing, commercial, or industrial use.

(3)  Sell the small parcel in the western corner which contains the barn at fair market value.  However, the commissioner shall first give the town of Essex a right of first refusal on this portion of the land.

(d)  Pursuant to 29 V.S.A. § 166, the commissioner of buildings and general services, with the approval of the secretary of administration, shall sell, lease, subdivide, convert into condominiums, or any combination thereof, the Thayer School building located at 1193 North Avenue in Burlington; provided, however, that any transaction includes the stipulation that the department of motor vehicles must remain at the site.  After payment of any costs and fees associated with the transaction, proceeds from a sale shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d), and proceeds from a lease shall be deposited into a property management fund pursuant to 29 V.S.A. § 160.

(e)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services may sell or lease land, mineral rights, or both, as follows:

(1)  the land and mineral rights are those located at the Robert H. Wood, Jr. Criminal Justice and Fire Service Training Council in Pittsford that adjoin land currently operated by Casella Property Management for purposes of gravel excavation and sale;

(2)  the transaction is limited to no more than three acres of land or mineral rights;

(3)  the term of a lease is limited to no more than 10 years;

(4)  the sale or lease price shall be based upon the fair market value of the source mineral rights; and

(5)  after payment of any costs and fees associated with the transaction, proceeds from a sale shall be deposited into a capital fund pursuant to 29 V.S.A. § 166(d), and proceeds from a lease shall be deposited into a property management fund pursuant to 29 V.S.A. § 160.

(f)  Notwithstanding 29 V.S.A. § 166(b), the commissioner of buildings and general services, with approval of the secretary of administration, is authorized to sell the building and associated land in Middlesex known as Playcare to North American Playcare, Inc. at fair market value.  If the commissioner is unable to negotiate a sale agreement with North American Playcare, Inc., he or she may sell the building and associated land, following the procedures in 29 V.S.A. § 166(b).

Sec. 28.  LOCATION OF STATE OFFICES

(a)  Sec. 2(a)(5) of No. 61 of the Acts of 2001 and Sec. 28 of No. 149 of the Acts of the 2001 Adj. Sess. (2002), relating to occupancy of 133 State Street in Montpelier by the secretary of state, are repealed.

(b)  18 V.S.A. § 3(b), relating to the location in Chittenden County of the executive and administrative offices of the department of health, is repealed.

Sec. 29.  3 V.S.A. § 260(b) is amended to read:

(b)  The principal office of each administrative department shall be located at such location as the secretary of the agency of administration determines with the approval of the governor, except that the principal office of the health department shall be in Burlington, and the military department shall be at Camp Johnson.

Sec. 30.  29 V.S.A. § 152(a)(31) and (32) are added to read:

(31)  Receive payments from vendors through the real-time demand response program (DRP).  The commissioner may contract with third‑party brokers or directly with Independent System Operators to generate or to reduce electrical demand or both for state-owned facilities in return for payments to the state which shall be retained by the facilities operations revolving fund established in section 160a of this title.

(32)  Accept funds and other contributions for state house renovations and restorations; educational, interpretive, and curatorial projects pertaining to the state house; and acquisition of historic furnishings, fixtures, and works of art for projects that pertain to the state house.

Sec. 31.  32 V.S.A. § 701a(c) is added to read:

(c)  The sums appropriated and spending authority authorized by a capital construction act shall be continuing and shall not revert at the end of the fiscal year.

Sec. 32.  EVIDENCE ROOM; STUDY

The commissioner of buildings and general services shall consult with the chair of the  preservation of evidence committee created by Sec. 2 of No. 60 of the Acts of 2007 to determine options for construction of an evidence room for retention of evidence collected in criminal cases.  The commissioner shall recommend a place for location of an evidence room to the senate committee on institutions and the house committee on corrections and institutions on or before January 15, 2009.

* * * Health and Public Safety Laboratory * * *

Sec. 33.  PATRICIA SCOVILLE DNA LABORATORY

The DNA laboratory in the state forensics laboratory shall be named in honor of Patricia Scoville in its present location and in any subsequent location.           

* * * Judiciary * * *

Sec. 34.  INVENTORY OF COUNTY COURTHOUSES

(a)  It is the intent of the general assembly to establish a consistent formula for use of a county courthouse by the supreme court, district court, family court, and judicial bureau.  In keeping with this intent, the commissioner of buildings and general services and the court administrator shall conduct an inventory of all county courthouses in the state and report to the senate committee on institutions and the house committees on corrections and institutions on or before January 15, 2009 on the following:

(1)  ownership of each county courthouse;

(2)  the number of state courts occupying space in county courthouses and county courts occupying space in state courthouses;

(3)  existing financial and other agreements between the court administrator and the assistant judges for use of a county courthouse by a state court or use of a state courthouse by a county court; and

(4)  a recommendation for a fee-for-space formula for use of a county courthouse by a state court or use of a state courthouse by a county court.

(b)  It is the intent of the general assembly to continue with the use and operation of each existing county courthouse currently in use.

* * * Building Communities Grants * * *

Sec. 35.  REPEAL

The following are repealed:

(1)  Sec. 35 of No. 43 of the Acts of 2005, relating to a broadband development competitive grant program.

(2)  Sec. 34 of No. 43 of the Acts of 2005, relating to a recreational and educational facilities grant program.

(3)  Sec. 36 of No. 43 of the Acts of 2005, relating to a human services competitive grant program.

Sec. 36.  24 V.S.A.  chapter 137 is added to read:

Chapter 137:  BUILDING COMMUNITIES GRANTS

§ 5601.  HISTORIC PRESERVATION GRANT PROGRAM

There is established an historic preservation grant program which shall be administered by the division for historic preservation in the agency of commerce and community development.  Grants shall be made available to municipalities and nonprofit tax-exempt organizations on a one-for-one matching basis for restoring buildings and structures.

§ 5602.  HISTORIC BARNS PRESERVATION GRANT PROGRAM

There is established an historic barns preservation grant program which shall be administered by the division for historic preservation in the agency of commerce and community development.  Grants shall be made available to municipalities and nonprofit tax-exempt organizations on a one-for-one matching basis for restoring historic barns.

§ 5603.  CULTURAL FACILITIES GRANT PROGRAM

(a)  There is established a 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 grant shall be available for a project receiving funding from any other grant established in this chapter.  No portion of a grant shall be used to pay salaries. 

(b)  Grants shall be awarded on a competitive basis. Before it notifies an applicant that the applicant will be awarded a grant, the Vermont arts council shall provide notice of the award and the time and location of any award presentation to the chairs of the senate committee on institutions and the house committee on corrections and institutions and to those members of the general assembly who represent the area in which a successful applicant resides.  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 Vermont arts council shall administer the cultural facilities grant program for ease of use by grant applicants.  To accomplish this, the Vermont arts council shall:

(1)  work in conjunction with the other grant programs included in this chapter to accommodate the needs of grant applicants;

(2)  ensure that the cultural facilities grant application deadlines are consistent with other grant programs included in this chapter;

(3)  provide an application form and process with clear instructions and examples to help applicants complete the form and which include an opportunity for a community to demonstrate its ability to generate required matching funds from local fundraising or other efforts;

(4)  establish a selection process which ensures equitable selection of grant recipients; and

(5)  ensure accountability by grant recipients.           

§ 5604.  RECREATIONAL FACILITIES GRANT PROGRAM 

(a)  Creation of program.  There is created a recreational facilities grant program to be the successor to and a continuation of the recreational and educational facilities grant program established in Sec. 34 of No. 43 of the Acts of 2005 to provide competitive grants to municipalities as defined in chapter 117 of Title 24 and to nonprofit organizations for capital costs associated with the development and creation of community recreational opportunities in Vermont communities.  The program is authorized to award matching grants of up to $25,000.00 per project, provided that grant funds shall be awarded only when evidence is presented by a successful applicant that three dollars have been raised from nonstate sources for every one dollar awarded under this program.

(b)  Creation of committee.  There is established a recreational facilities grant advisory committee to include the commissioners of forests, parks and recreation and of buildings and general services or the commissioners’ designees; a representative of the Vermont Recreation and Parks Association; two members of the Vermont general assembly, one appointed by the speaker of the house of representatives and one appointed by the senate committee on committees; a representative of the Vermont Trails and Greenways Council; and one citizen member to be appointed by the governor.  The members of the committee shall select a chair.  The citizen member shall serve for a term of two years or until his or her successor is appointed. 

(c)  Process.  The recreational facilities grant advisory committee shall coordinate and administer the recreational facilities grant program for ease of use by applicants.  To accomplish this, the committee shall:

(1) develop an application form and process with clear instructions and examples to help applicants complete the form and which include an opportunity for a community to demonstrate its ability to generate required matching funds from local fundraising or other efforts;

(2)  establish a selection process which ensures equitable selection of grant recipients; and

(3)  ensure accountability by grant recipients.           

(d)  Before it notifies an applicant that the applicant will be awarded a grant, the recreational facilities grant advisory committee shall provide notice of the award and the time and location of any award presentation to the chairs of the senate committee on institutions and the house committee on corrections and institutions and to those members of the general assembly who represent the area in which a successful applicant resides.

(e)  The department of buildings and general services shall provide administrative support to the program.

§ 5605.  HUMAN SERVICES AND EDUCATIONAL FACILITIES

              COMPETITIVE GRANT PROGRAM

(a)  Creation of program.  There is created a human services and educational facilities grant program to be the successor to and a continuation of the human services competitive grant program established in Sec. 36 of No. 43 of the Acts of 2005 to provide competitive grants to municipalities as defined in chapter 117 of Title 24 and to nonprofit organizations for capital costs associated with the major maintenance, renovation, or development of facilities for the delivery of human services and health care or for the development of educational opportunities in Vermont communities.  The program is authorized to award matching grants of up to $25,000.00 per project, provided that grant funds shall be awarded only when evidence is presented by a successful applicant that at least three dollars have been raised from nonstate sources for every dollar awarded under this program.

(b)  Creation of committee.  There is established a human services and educational facilities grant advisory committee to include the secretary of human services or the secretary’s designee; the commissioner of buildings and general services or the commissioner’s designee; two members of the Vermont general assembly, one appointed by the speaker of the house of representatives and one appointed by the senate committee on committees; and three representatives of broad-based community organizations, such as the United Way of Vermont, who shall be selected and appointed by the governor.  The members of the committee shall select a chair.  The members appointed by the governor shall serve for terms of two years or until their successors are appointed.

(c)  Process.  The human services and educational facilities grant advisory committee shall coordinate and administer the human services and educational facilities grant program for ease of use by applicants.  To accomplish this, the committee shall:

(1) develop an application form and process with clear instructions and examples to help applicants complete the form and which include an opportunity for a community to demonstrate its ability to generate required matching funds from local fundraising or other efforts;

(2)  establish a selection process which ensures equitable selection of grant recipients; and

(3)  ensure accountability by grant recipients.           

(d)  Before it notifies an applicant that the applicant will be awarded a grant, the human services and educational facilities grant advisory committee shall provide notice of the award and the time and location of any award presentation to the chairs of the senate committee on institutions and the house committee on corrections and institutions and to those members of the general assembly who represent the area in which a successful applicant resides.

(e)  The department of buildings and general services shall provide administrative support to the program.

* * * Education * * *

Sec. 37.  16 V.S.A. § 3448(a)(5)(B) is amended to read:

(5)  Final approval for construction aid.

***

(B)  The state board may approve a final application for a project provided that:

* * *

(v)  the project has otherwise met the requirements of sections

3447–3456 of this title; and

(vi)  if the proposed project includes a playground, the project includes a requirement that the design and construction of playground equipment follow the guidelines set forth in the United States Consumer Product Safety Commission Handbook for Public Playground Safety; and

(vii)  if the total estimated cost of the proposed project is less than $50,000.00, no performance bond or irrevocable letter of credit shall be required.

Sec. 38.  CONTINUATION OF SUSPENSION OF STATE AID FOR

               SCHOOL CONSTRUCTION

In Sec. 36 of No. 52 of the Acts of 2007, the general assembly suspended state aid for school construction in order to provide time to enable the commissioner of education and the commissioner of finance and management to make recommendations for a sustainable plan for state aid to school construction.  In the absence of a viable plan for funding school construction, the general assembly hereby extends the period of suspension until a plan is developed and adopted.

* * * University of Vermont * * *

Sec. 39.  16 V.S.A. § 2363 is added to read:

§ 2363.  RESERVE FUNDS

(a)  The University of Vermont and State Agricultural College may create and establish one or more special funds, herein referred to as “debt service reserve funds,” and shall pay into each such debt service reserve fund:

(1)  any moneys appropriated and made available by the state for the purpose of such fund;

(2)  any proceeds of the sale of notes or bonds, to the extent provided in the resolution or resolutions of the University of Vermont and State Agricultural College authorizing the issuance thereof; and

(3)  any other moneys that may be made available to the University of Vermont and State Agricultural College for the purpose of such fund from any other source or sources.

(b)  All moneys held in any debt service reserve fund, except as hereinafter provided, shall be used, as required, solely for the payment of the principal or purchase or redemption price of or interest or redemption premium on bonds or notes secured in whole or in part by such fund or of sinking fund payments with respect to such bonds or notes; provided, however, that moneys in any such fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of such fund to less than the debt service reserve requirement established by resolution of the University of Vermont and State Agricultural College for such fund as hereafter provided except for the purpose of making payments, when due, of principal, interest, redemption premiums, and sinking fund payments with respect to bonds and notes secured in whole or in part by such fund for the payment of which other moneys of the University of Vermont and State Agricultural College are not available.  Any income or interest earned by any debt service reserve fund may be transferred to other funds or accounts of the University of Vermont and State Agricultural College to the extent that it does not reduce the amount of such fund below the requirement for such fund.

(c)  The University of Vermont and State Agricultural College shall not at any time issue bonds or notes secured in whole or in part by a debt service reserve fund if upon the issuance of such bonds or notes the amount in such debt service reserve fund will be less than the debt service reserve requirement established by resolution of the University of Vermont and State Agricultural College for such fund, unless the University of Vermont and State Agricultural College at the time of issuance of such bonds or notes shall deposit in such fund from the proceeds of the bonds or notes so to be issued, or from other sources, an amount that, together with the amount then in such fund, will not be less than the debt service reserve requirement established for such fund. The debt service reserve requirement for any debt service reserve fund shall be established by resolution of the University of Vermont and State Agricultural College prior to the issuance of any bonds or notes secured in whole or in part by such fund and shall not be required to exceed “maximum debt service,” which shall mean, as of any particular date of computation, an amount equal to the greatest of the respective amounts, for the then current or any future fiscal year of the University of Vermont and State Agricultural College, of annual debt service on the bonds and notes of the University of Vermont and State Agricultural College secured or to be secured in whole or in part by such debt service reserve fund.

(d)  In the computation of the amount of the debt service reserve funds for the purpose of this section, securities in which any of such funds shall be invested shall be valued at par if purchased at par or at amortized value, as such term is defined by resolution of the University of Vermont and State Agricultural College, if purchased at other than par.

(e)  In order to assure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the University of Vermont and State Agricultural College, there may be appropriated annually and paid to the University of Vermont and State Agricultural College for deposit in each such fund such sum as shall be certified by the chair of the board of trustees of the University of Vermont and State Agricultural College to the governor, the president of the senate, and the speaker of the house as is necessary to restore each such debt service reserve fund to an amount equal to the debt service reserve requirement for such fund. The chair shall annually, on or about February 1, make and deliver to the governor, the president of the senate, and the speaker of the house his or her certificate stating the sum required to restore each such debt service reserve fund to the amount aforesaid, and the sum so certified may be appropriated, and if appropriated, shall be paid to the University of Vermont and State Agricultural College during the then current state fiscal year. The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which state funds may be appropriated pursuant to this subsection shall not exceed $66,000,000.00, provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the University of Vermont and State Agricultural College in contravention of the Constitution of the United States of America.

(f)  The proceeds of any bonds or notes secured by a debt service reserve fund to which state funds may be appropriated pursuant to this section shall be applied solely to costs of reconstruction, rehabilitation, or improvement of existing facilities or property of the University of Vermont and State Agricultural College.

* * * Vermont State Colleges * * *

Sec. 40.  16 V.S.A. § 2186 is added to read:

§ 2186.  Reserve Funds

(a)  The Vermont State Colleges may create and establish one or more special funds, herein referred to as “debt service reserve funds,” and shall pay into each such debt service reserve fund:

(1)  any moneys appropriated and made available by the state for the purpose of such fund;

(2)  any proceeds of the sale of notes or bonds, to the extent provided in the resolution or resolutions of the Vermont State Colleges authorizing the issuance thereof; and

(3)  any other moneys that may be made available to the Vermont State Colleges for the purpose of such fund from any other source or sources.

(b)  All moneys held in any debt service reserve fund, except as hereinafter provided, shall be used, as required, solely for the payment of the principal or purchase or redemption price of or interest or redemption premium on bonds or notes secured in whole or in part by such fund or of sinking fund payments with respect to such bonds or notes; provided, however, that moneys in any such fund shall not be withdrawn therefrom at any time in such amount as would reduce the amount of such fund to less than the debt service reserve requirement established by resolution of the Vermont State Colleges for such fund as hereafter provided except for the purpose of making payments, when due, of principal, interest, redemption premiums, and sinking fund payments with respect to bonds and notes secured in whole or in part by such fund for the payment of which other moneys of the Vermont State Colleges are not available.  Any income or interest earned by any debt service reserve fund may be transferred to other funds or accounts of the Vermont State Colleges to the extent that it does not reduce the amount of such fund below the requirement for such fund.

(c)  The Vermont State Colleges shall not at any time issue bonds or notes secured in whole or in part by a debt service reserve fund if upon the issuance of such bonds or notes the amount in such debt service reserve fund will be less than the debt service reserve requirement established by resolution of the Vermont State Colleges for such fund, unless the Vermont State Colleges at the time of issuance of such bonds or notes shall deposit in such fund from the proceeds of the bonds or notes so to be issued, or from other sources, an amount that, together with the amount then in such fund, will not be less than the debt service reserve requirement established for such fund. The debt service reserve requirement for any debt service reserve fund shall be established by resolution of the Vermont State Colleges prior to the issuance of any bonds or notes secured in whole or in part by such fund and shall not be required to exceed “maximum debt service,” which shall mean, as of any particular date of computation, an amount equal to the greatest of the respective amounts, for the then current or any future fiscal year of the Vermont State Colleges, of annual debt service on the bonds and notes of the Vermont State Colleges secured or to be secured in whole or in part by such debt service reserve fund.

(d)  In the computation of the amount of the debt service reserve funds for the purpose of this section, securities in which any of such funds shall be invested shall be valued at par if purchased at par or at amortized value, as such term is defined by resolution of the Vermont State Colleges, if purchased at other than par.

(e)  In order to assure the maintenance of the debt service reserve requirement in each debt service reserve fund established by the Vermont State Colleges, there may be appropriated annually and paid to the Vermont State Colleges for deposit in each such fund such sum as shall be certified by the chair of the board of trustees of the Vermont State Colleges to the governor, the president of the senate, and the speaker of the house as is necessary to restore each such debt service reserve fund to an amount equal to the debt service reserve requirement for such fund. The chair shall annually, on or about February 1, make and deliver to the governor, the president of the senate, and the speaker of the house his or her certificate stating the sum required to restore each such debt service reserve fund to the amount aforesaid, and the sum so certified may be appropriated, and if appropriated, shall be paid to the Vermont State Colleges during the then current state fiscal year. The principal amount of bonds or notes outstanding at any one time and secured in whole or in part by a debt service reserve fund to which state funds may be appropriated pursuant to this subsection shall not exceed $34,000,000.00 provided that the foregoing shall not impair the obligation of any contract or contracts entered into by the Vermont State Colleges in contravention of the Constitution of the United States of America.

(f)  The proceeds of any bonds or notes secured by a debt service reserve fund to which state funds may be appropriated pursuant to this section shall be applied solely to costs of reconstruction, rehabilitation, or improvement of existing facilities or property of the Vermont State Colleges.

* * * Natural Resources * * *

Sec. 41.  FEDERAL ENVIRONMENTAL QUALITY INCENTIVES

               PROGRAM; MATCHING FUNDS; REALLOCATION

(a)  Currently more than $20,000,000 in Federal Environmental Quality Incentives Program (EQIP) pollution reduction funds are available to Vermont farmers to reduce manure runoff into rivers and streams.  This funding is available if the state can provide $750,000 in state assistance for this purpose.  Therefore, the following funds shall be used to provide the state share:

(1)  $125,000 from funds for stream stabilization grants appropriated under Sec. 11(c)(2) of No. 52 of the Acts of 2007.

(2)  $75,000 from funds for best management practices appropriated under Sec. 15(a) of No. 52 of the Acts of 2007.

(3)  $220,000 from funds for ecosystem restoration and protection appropriated under Sec. 12(c)(1) of this act.

(4)  $250,000 from funds for best management practices appropriated under Sec. 16(1) of this act.

(b)  It is the intent of the general assembly to appropriate the remaining $100,000 of required state matching funds in the appropriations act of 2008 for fiscal year 2009.

Sec. 42.  SHADOW LAKE FISH AND WILDLIFE ACCESS AREA; RIGHT                                  OF WAY

The commissioner of fish and wildlife is authorized to negotiate an agreement with Junnie and Nellie Peck, who own land adjacent to the Shadow Lake Fishing Access.  The agreement may provide, for a consideration of $1.00, an easement across the land owned by the fish and wildlife department to enable the landowners to access their residence.

* * * Military * * *

Sec. 43.  20 V.S.A. § 542 is amended to read:

§ 542.  ACQUISITION, MAINTENANCE AND DISPOSAL OF PROPERTY FOR THE NATIONAL GUARD USE

In the name of the state, the board shall be responsible for the real estate and personal property of the national guard.  The board may acquire or purchase, and maintain and dispose of by sale or otherwise real estate and personal property.  Upon determination by the board that real estate is to be disposed of, the disposal shall be at fair market value, and proceeds shall be allocated to future capital appropriations.

* * * Effective Date * * *

Sec. 44.  EFFECTIVE DATE

This act shall take effect on passage.

Ordered to Lie

H. 549

     An act relating to establishing buffer zones along waterways of the state.

Pending question: Shall the bill be amended as recommended by the Fish Wildlife & Water Resources committee and the committee on Appropriations ?

INFORMATION NOTICE

The following item was recently received by the Joint Fiscal Committee:

            JFO #2323 –– $250,000 grant from the U.S. Department of Agriculture to the Department of Education.  These grant funds will be used to provide fresh fruit and vegetable snacks to students at 25 schools. 

[JFO received 04/09/08]

 

 

 



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us