32 V.S.A. § 1001b — Cash Fund for Capital and Essential Investments

(a) Creation. There is hereby created the Cash Fund for Capital and Essential Investments to be
administered by the Commissioner of Finance and Management, in consultation with the
State Treasurer. The Fund shall have the following two subaccounts:
(1) the Capital Infrastructure subaccount, to defray the costs of future capital expenditures
that would otherwise be authorized in the capital construction act and paid for using
the State’s general obligation bonding authority and debt service obligations or paid
for as a direct associated cost of a capital project; and
(2) the Other Infrastructure, Essential Investments, and Reserves subaccount, to fund
essential investments and infrastructure needs, create reserves for these expenditures
and make contingent appropriations for other infrastructure investments, as authorized
by the General Assembly.
(b) Fund Accounts.
(1) Capital Infrastructure subaccount. The Capital Infrastructure subaccount may consist of:
(A) transfers made by the General Assembly of four percent or less of the last completed
fiscal year’s General Fund appropriations, less the amount necessary to fund the State’s
general obligation debt service in the year for which the transfer is being made,
as determined by the State Treasurer and the Commissioner of Finance and Management;
and
(B) any interest earned by the subaccount.
(2) Other Infrastructure, Essential Investments, and Reserves subaccount. The Other Infrastructure, Essential Investments, and Reserves subaccount may consist
of any appropriations or transfers made by the General Assembly; from the General
Fund or any other State fund and any contingent transfers made by the General Assembly
from the General Fund after satisfying the requirements of section 308 of the title
but prior to satisfying the requirements of section 308c of this title in any fiscal year and any contingent transfers made by the General Assembly from
other State funds.
(c) Use of funds. Monies in the Fund Accounts shall only be used as follows:
(1) Expenditures shall only be made by the General Assembly from the Capital Infrastructure
subaccount for:
(A) tangible capital investments, as described in section 309 of this title, with an anticipated lifespan of 20 years or more; and
(B) engineering and architectural costs directly associated with a proposed capital project.
(2) Expenditures shall only be made by the General Assembly from the Other Infrastructure,
Essential Investments, and Reserves subaccount for:
(A) any expenditure eligible under subdivision (1) of this subsection (c); and
(B) any other essential investments and infrastructure needs, including transportation-related
projects and capitalization of revolving loan funds.
(d) Fund balance. All balances in the Fund accounts at the end of any fiscal year shall be carried
forward and remain part of the Fund accounts. Notwithstanding section 511 of this title, the Commissioner of Finance and Management shall not anticipate receipts for the
Fund accounts and issue warrants thereon.
(e) Spending authority. Any entity authorized to make expenditures from the Capital Infrastructure subaccount
shall have not more than three years from the end of the legislative session in which
the act authorizing the expenditure was enacted to encumber the funds. Any remaining
unencumbered funds shall remain part of the Fund account. (