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NO. 156. AN ACT RELATING TO THE STATE'S TRANSPORTATION CAPITAL PROGRAM AND PROJECT DEVELOPMENT PLAN.

(H.853)

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

Sec. 1. TRANSPORTATION CAPITAL PROGRAM FOR 2001; PROJECT

DEVELOPMENT PLAN FOR 2002-2005; APPROVAL OF

PROJECT CANCELLATIONS

(a) The transportation capital program for fiscal year 2001 and project development plan for fiscal years 2002-2005, appended to the agency of transportation's proposed fiscal year 2000 budget, as amended by this act, are adopted to the extent federal, state and local funds are available. The transportation capital program and project development plan hereby adopted supersede all previous transportation capital programs and project development plans.

(b) The following additions, deletions or modifications are made:

(1) A new project is added to the program transportation buildings, Underhill Salt Shed. The figure $50,000 is added to construction, total and state.

(2) The schedule for the aviation project for facility improvements, statewide, project no. Air 04-3144 is amended as follows: in budget year fiscal year 2001, by striking the figure “other” and the total figure $600,000 and inserting in lieu thereof $706,000 respectively, and by striking the state figure $600,000 and inserting in lieu thereof $706,000. Out-of-state funds, $106,000 is for site work for hangars at the Rutland airport.

(3) A new project is added in the project development roadway program for the reconstruction of North Street in the City of Burlington. The new project is authorized for construction in FY 2001. Authorized funding for this project shall be consistent with the requirements of 19 V.S.A. chapter 16 (utility relocations in connection with certain highway projects). This project is authorized for $880,000, of which $800,000 is from federal funds and $80,000 is from transportation funds.

(4) The schedule for the roadway project Charlotte, project no. FEGC 019-4(20) is deleted, and the agency of transportation shall enter this project under “roadway” on the development and evaluation list.

(5) The schedule for roadway project Highgate-Franklin, project no. STP RS 0301(1)SA is amended as follows: in budget year fiscal year 2001, by striking the construction figure, by striking the total figure $241,341 and inserting in lieu thereof $141,341, by striking the state figure $45,560 and inserting in lieu thereof $20,560 and by striking the federal figure $136,682 and inserting in lieu thereof $61,682. In budget year fiscal year 2002, by striking the construction figure $4,410,000 and inserting in lieu thereof $4,510,000, by striking the state figure $1,102,500 and inserting in lieu thereof $1,127,500 and by striking the federal figure $3,307,500 and inserting in lieu thereof $3,382,500. Notwithstanding this subsection, the agency of transportation may advance this project to the construction phase during FY2001.

(6) The schedule for roadway project Lunenburg, project no. STP HES 028-4(19)S is amended as follows: in budget year fiscal year 2001, by striking the construction and total figures $1,001,277 and inserting in lieu thereof $300,000, by striking the state figure $100,128 and inserting in lieu thereof $30,000 and by striking the federal figure $901,149 and inserting in lieu thereof $270,000. In budget year fiscal year 2002, by adding the construction figure $701,277, by adding the state figure $70,128 and by adding the federal figure $631,149.

(7) The schedule for the roadway project New Haven, project no. NH F 019-3(38) is deleted, and the agency of transportation shall enter this project under “roadway” on the development and evaluation list.

(8) The schedule for the roadway project Searsburg-Wilmington, project no. NH F 010-1(18) is amended as follows: in budget year fiscal year 2001, by adding the construction figure $1,000,000, by striking the total figure $283,600 and inserting in lieu thereof $1,283,600, by striking the state figure $70,900 and inserting in lieu thereof $270,900 and by striking the federal figure $212,700 and inserting in lieu thereof $1,012,700. In budget year 2002, by adding to the construction figure the sum of $7,000,000, by adding to the total figure $6,000,000, by adding to the state figure $1,400,000 and by adding to the federal figure $5,600,000. In budget year 2003, by adding to the construction figure the sum of $3,093,906, by adding to the total figure $3,093,906, by adding to the state figure $616,781 and by adding to the federal figure $2,477,125.

(9) The schedule for the roadway statewide development and evaluation is amended as follows: in budget year fiscal year 2001, by striking the “other” and total figures $2,100,000 and inserting in lieu thereof $2,682,244, by striking the state figure $336,861 and inserting in lieu thereof $478,103, and by striking the federal figure $1,732,298 and inserting in lieu thereof $2,173,200.

(10) The schedule for the special project unit, Shelburne-South Burlington, project no. NHEGC FEGC 019(4)(19) is amended as follows: in budget year fiscal year 2001, by striking the construction figure $1,342,781, by striking the total figure $4,753,281 and inserting in lieu thereof $3,410,500, by striking the state figure $237,664 and inserting in lieu thereof $170,525 and by striking the federal figure $4,515,617 and inserting in lieu thereof $3,239,975. In budget year fiscal year 2002, by striking the construction figure $8,587,031 and inserting in lieu thereof $9,929,812, by striking the total figure of $9,567,031 and inserting in lieu thereof $10,909,812, by striking the state figure $478,352 and inserting in lieu thereof $545,491, and by striking the federal figure $9,088,679 and inserting in lieu thereof $10,364,321. Notwithstanding this subsection, the agency of transportation may advance this project to the construction phase during FY2001 if the right-of-way acquisition issues are resolved.

(11) The schedule for program “other” statewide project development is amended as follows: in budget year fiscal year 2001, by striking the “other” and the total figures $5,309,451 and inserting in lieu thereof $5,102,881 and by striking the federal figure $1,980,668 and inserting in lieu thereof $1,774,098.

(12) The schedule for the rail program statewide project for development and evaluation is amended as follows: in budget year fiscal year 2001, by striking the figure for “other” and total figures $519,000 and inserting in lieu thereof $639,000 and by striking the state figure $183,800 and inserting in lieu thereof $303,800.

(13) The schedule for the railroad program, system preservation railroads, project Charlotte-Burlington is amended by striking in budget year FY 2001 the “other” figure $1,000,000 and inserting in lieu thereof $700,000 and by striking the state figure $200,000 and inserting in lieu thereof $140,000 and by striking the federal figure $800,000 and inserting in lieu thereof $560,000.

(14) A new project, Rutland railroad yard, is added to the listing for the rail program, development and evaluation. The city of Rutland has determined that the Otter Creek Route 4/7 site be designated for the location of the Rutland rail yard. The sum of $120,000.00 appropriated to the agency of transportation for railroad purposes shall be reallocated to the city of Rutland for the necessary environmental assessment and permits, and for the project scoping and definition. This project shall include a study of the feasibility of constructing an intermodal highway to rail freight transfer center in the Otter Creek Route 4/7 Rutland rail yard.

(15) The schedule for the statewide development of multimodal and centers is amended as follows: in budget year fiscal year 2001, by striking the state figure $100,000 and inserting in lieu thereof $300,000, and by striking the federal figure $1,000,000 and inserting in lieu thereof $3,900,000. The addition of $300,000 of state funds and $2,800,000 of federal funds is contingent upon receipt of federal funds earmarked for this purpose.

(16) The schedule for public transit program, statewide project for welfare to work is amended as follows: in budget year fiscal year 2001, by striking the “other” and total figures $1,385,000 and inserting in lieu thereof $1,985,000 and by adding the state figure $600,000.

(17) A new project is added in the roadway development and evaluation program entitled “Town of Middlebury Route 7 Corridor Action Plan”. This project, for initial scoping for a round-about for Creek Road, is authorized in the amount of $23,500.00 from state funds.

(18) A new project Fairfax-St Albans, project no. IM 089-3( ) is added to the roadway program as follows: in budget year fiscal year 2001, by adding the construction and total figures $3,900,000, by adding the state figure $390,000 and by adding the federal figure $3,510,000. In budget year fiscal year 2002, by adding the construction and total figures $4,550,000, by adding the state figure $455,000 and by adding the federal figure $4,095,000. In budget year fiscal year 2003, by adding the construction and total figures $4,550,000, by adding the state figure $455,000 and by adding the federal figure $4,095,000.

(19) The schedule for the rail program project Bellows Falls-Rutland for the Green Mountain Railroad is amended as follows: in budget year fiscal year 2001, by striking the “other”, total and state figures $250,000 and inserting in lieu thereof $830,000. This funding is for: cross-tie installation between Bellows Falls and North Clarendon; a turnout upgrade for the Bellows Falls rail yard; the Riverside rail yard; the Chester rail yard; and for rail installation between East Clarendon and North Clarendon.

(20) The schedule for the rail program statewide project for three-way partnerships is amended as follows: in budget year fiscal year 2001, by striking the “other” and total figures $450,000 and inserting in lieu thereof $705,000, by striking the state figure $150,000 and inserting in lieu thereof $235,000 and by striking the local figure $300,000 and inserting in lieu thereof $470,000.

(21) A new project is added to the rail program, Burlington to Essex, for New England Central Railroad for maintenance as follows: in budget year fiscal year 2001, to “other”, total and state figures $170,000.

(22) A new project is added to the rail program, Rutland, for Vermont Railway for the purchase and installation of welded rail and a power switch as follows: in budget year fiscal year 2001, to “other”, total and state figures $305,000.

(23) A new project, Hartford-Newbury RR, is added to the rail program as follows: in budget year fiscal year 2001, by adding “other”, total and state figures $350,000. This project is to reimburse the state's interim operator of the former B&M White River Junction-Wells River line for expenditures incurred to maintain and rehabilitate the line between MP S-123 (White River Junction) and MP S-163 (Wells River), together with the former B&M yard in White River Junction, following the December 10, 1999 purchase by the state. To be eligible for reimbursement, expenditures shall be reasonable and approved by the agency of transportation.

(24) A new project is added to the rail program, Rutland-Florence for Cooper E rating status of bridge structures, the design of needed improvements, and their construction as follows: in budget year fiscal year 2001, to “other”, total and state the figure $100,000.

(25) The schedule for town highway bridge project Berlin-Montpelier, project no. BRO 1446(22) is amended as follows: in budget year fiscal year 2000 by striking the construction figure $190,000, by striking the total figure $216,500 and inserting in lieu thereof $26,500, by striking the state figure $21,650 and inserting in lieu thereof $2,650, by striking the federal figure $173,200 and inserting in lieu thereof $21,200 and by striking the local figure $21,650 and inserting in lieu thereof $2,650. In budget year fiscal year 2001, by striking the construction figure $588,000 and inserting in lieu thereof $190,000, by striking the total figure $594,300 and inserting in lieu thereof $196,300, by striking the state figure $59,430 and inserting in lieu thereof $19,630, by striking the federal figure $475,440 and inserting in lieu thereof $157,040 and by striking the local figure $59,430 and inserting in lieu thereof $19,630. In budget year fiscal year 2002, by adding the construction and total figures $588,000, by adding the state figure $58,800, by adding the federal figure $470,400 and by adding the local figure $58,800.

(26) The schedule for town highway bridge project Huntington, project no. BHO 1445(23) is amended as follows: in budget year fiscal year 2001, by adding the construction figure $165,375, by striking the total figure $17,850 and inserting in lieu thereof $183,225, by striking the state figure $2,677 and inserting in lieu thereof $27,484, by striking the federal figure $14,280 and inserting in lieu thereof $146,580 and by striking the local figure $893 and inserting in lieu thereof $9,161. In budget year fiscal year 2002, by striking the construction figure $165,375 and inserting in lieu thereof $407,475, by striking the total figure $170,336 and inserting in lieu thereof $412,436, by striking the state figure $25,549 and inserting in lieu thereof $61,865, by striking the federal figure $136,269 and inserting in lieu thereof $329,949, and by striking the local figure $8,518 and inserting in lieu thereof $20,622. In budget year fiscal year 2003 by striking all figures.

(27) The schedule for town highway bridge project statewide for painting of town historic truss bridges is amended as follows: in budget year fiscal year 2001 by adding the state figure $70,000 and by striking the local figure $70,000.

(28) The schedule for town highway bridge project Vershire, project no. BRO 1444(32) is amended as follows: in budget year fiscal year 2001 by striking the construction figure $57,750, by striking the total figure $73,500 and inserting in lieu thereof $15,750, by striking the state figure $7,350 and inserting in lieu thereof $1,575, by striking the federal figure $58,800 and inserting in lieu thereof $12,600 and by striking the local figure $7,350 and inserting in lieu thereof $1,575. In budget year fiscal year 2002, by striking the construction and total figure $237,639 and inserting in lieu thereof $295,389, by striking the state figure $23,764 and inserting in lieu thereof $29,539, by striking the federal figure $190,111 and inserting in lieu thereof $236,311 and by striking the local figure $23,764 and inserting in lieu thereof $29,539. Notwithstanding this subsection, the agency of transportation may advance this project to the construction phase during FY2001 if possible.

(29) The schedule for town highway bridge project Woodstock, project no. BHF 020-2(32) is amended as follows: in budget year fiscal year 2001, by striking the construction figure $187,135, by striking the total figure $198,382 and inserting in lieu thereof $11,247, by striking the state figure $29,756 and inserting in lieu thereof $1,687, by striking the federal figure $158,706 and inserting in lieu thereof $8,998 and by striking the local figure $9,920 and inserting in lieu thereof $562. In budget year fiscal year 2002, by striking the construction and total figures $761,338 and inserting in lieu thereof $948,473, by striking the state figure $114,201 and inserting in lieu thereof $142,271, by striking the federal figure $609,070 and inserting in lieu thereof $758,778 and by striking the local figure $38,067 and inserting in lieu thereof $47,424. Notwithstanding this subsection, the agency of transportation may advance this project to the construction phase during FY2001 if possible.

(30) The schedule for town highway bridge project statewide development and evaluation is amended as follows: in budget year fiscal year 2001, by striking the “other” and total figures $1,625,000 and inserting in lieu thereof $2,102,510, by striking the state figure $479,375 and inserting in lieu thereof $458,212, by striking the federal figure $990,991 and inserting in lieu thereof $1,372,999 and by striking the local figure $154,634 and inserting in lieu thereof $271,299.

(31) A new project, Montpelier FEGC 028-3(34) (U.S. 2; rehabilitation/reconstruction) is added to the roadway candidate list.

(32) A new project is added in the roadway development and evaluation program for improvements to VT Route 78 in the town of Swanton, in the vicinity of exit 21 of I-89. In FY 2001, the new project is authorized for preliminary engineering in the amount of $45,000.

(33) A new project is added in the project development roadway development and evaluation program for improvements to the existing U.S. Routes 4 and 7 in Rutland Town and Rutland City. The new project is authorized for preliminary engineering in FY 2001 in the amount of $100,000, of which $20,000 is from state funds and $80,000 is from federal funds. The agency of transportation, as part of its traffic analysis for improvements to the existing U.S. Routes 4 and 7, shall determine the impact of the new signalization system, and shall work simultaneously with a project advisory committee composed of, a committee appointed by the city of Rutland and the Rutland regional transportation council to determine necessary upgrades to U.S. Routes 4 and 7 to facilitate the flow of traffic throughout the city. This study shall be concluded not later than January 1, 2002.

(34) Project STPG 028-3(35)S (realignment of the intersection of Route 14 and U.S. Route 2 in East Montpelier) shall be completed no later than calendar year 2003.

(35) A new project is added to the project development roadway program for the reconstruction and realignment of the Southern Access Road in St. Johnsbury which extends approximately 0.55 miles from U.S. Route 5 to the St. Johnsbury/Lyndon Industrial Park. This project is authorized in the amount of $250,000. Of this amount, $175,000 is from the transportation fund and the town of St. Johnsbury shall contribute $75,000 of labor.

(36) A new project, Brattleboro STP 2000 ( ) (U.S. 5/Putney Road; reconstruction/rehabilitation), is added to the project development roadway candidate list and is authorized for completion of scoping, preliminary engineering and design alternatives.

(37) The schedule for the project development statewide enhancement project is amended as follows: in budget year fiscal year 2001, by striking the “other” and total figures $5,281,047 and inserting in lieu thereof $6,571,047 and by adding the state figure $1,290,000. Of the additional state funds allocated to the transportation enhancement program, $1,000,000 shall be utilized to fund projects that applied for FY 01 enhancement funding. The transportation enhancement advisory committee shall review the FY 01 applications and award grants to projects that are eligible. The remaining $290,000 shall be for statewide transportation enhancement projects.

(38) The schedule for the statewide special projects unit (roadway) is amended as follows: in budget year fiscal year 2001, by striking the “other” and total figures $3,824,500 and inserting in lieu thereof $3,249,504 and by striking the state figure $625,500 and inserting in lieu thereof $510,501 and by striking the federal figure $3,199,000 and inserting in lieu thereof $2,739,003.

For fiscal year 2001, of the funds allocated under this subdivision, only $575,000, $460,000 of federal and $115,000 of state funds shall be utilized for preliminary engineering including environmental permitting of project – NH F 019-1(4) Bennington ByPass South and these funds shall not be utilized for the purchase of right-of-way or support any other right-of-way activities.

(39) The schedule for the statewide interstate bridge program is amended as follows: in budget year fiscal year 2001, by striking the construction figure $9,075,000 and inserting $7,657,400, by striking the total figure $9,658,000 and inserting in lieu thereof $8,240,400, by striking the state figure $965,800 and inserting in lieu thereof $824,040 and by striking the federal figure $8,692,200 and inserting in lieu thereof $7,416,360.

(39a) Interstate bridge projects Bolton, project no. IM 089-2(29) and Middlesex Bolton, project no. IM 089-2(26) are advanced to the statewide interstate bridge program and removed from “Shelf” projects. The sum of $228,240 is appropriated to the agency of transportation project development interstate bridge program from the transportation fund to account #0408811700, and $2,204,160 of federal funds to account #0408810700.

(40) A new project, North Bennington STP1200 ( ), (Water Street, reconstruction on existing alignment) is added to the roadway candidate list.

(41) The schedule for the project development statewide pedestrian and bicycle facilities program is amended as follows: in budget year fiscal year 2001 by striking the construction figure $5,208,800 and inserting in lieu thereof $6,658,800, by striking the total figure $6,290,787 and inserting in lieu thereof $7,740,787, by striking the state figure $629,079 and inserting in lieu thereof $774,079, by striking the federal figure $5,032,629 and inserting in lieu thereof $6,192,629 and by striking the local figure $629,079 and inserting in lieu thereof $774,079. A new project, Winooski Riverwalk Project, is added to the bicycle and pedestrian program in the amount of $1,450,000. The agency of transportation shall advance this project to the construction phase during FY2001 if possible.

(c) Pursuant to Sec. 2 of Act No. 18 of 1999 (advancement or cancellation of projects), the general assembly approves cancellation of the following projects:

(1) Brattleboro STP EH96(10) (Amtrak heritage trail brochure grant);

(2) Rutland F EGC 419-3(44) (environmental impact study of U.S. 4/U.S. 7 bypass of Rutland City);

(3) St. Albans STP EH ( ) (planning for multimodal transit facility); and

(4) St. Albans STP BIKE(15)S (separate bike path from St. Albans City to St. Albans Bay).

(d) Pursuant to Sec. 2 of Act No. 18 of 1999 (advancement or cancellation of projects) and Sec. 41k of Act No. 18 of 1999 (continued review of roadway projects), the general assembly approves cancellation of the following roadway projects, which were identified as candidates for cancellation in the agency of transportation’s January 15, 2000 report to the general assembly, entitled “Review of Roadway Projects”:

(1) Pownal RS 0107(7) (VT 346; reconstruction);

(2) Montpelier MEGC 6400(28) (US 302, rehabilitation/reconstruction);

(3) Bolton STP 0223( )SC (TH 3 [ski access]; project scoping);

(4) Essex F 030-1(15) (VT 15; reconstruction);

(5) Essex HES 0229(4)S (VT 128; scope being reviewed);

(6) Essex Junction NH 030-1( ) (VT 15, reconstruction);

(7) Shelburne F 019-4(17) (U.S. 7; reconstruction);

(8) South Burlington IM 089-3( ) (I-89; exit 14 improvements);

(9) South Burlington IM 089-3( ) (I-89; reconstruction, with additional lane);

(10) South Burlington IM 089-3( ) (I-89; construction of new interchange with VT 116);

(11) South Burlington MEGC 5200(12) (U.S. 2/Williston Road; reconstruction);

(12) South Burlington STP 5200( ) (TH 3/Lime Kiln Road; intersection (reconstruction);

(13) South Burlington STP 5200( ) (U.S. 2/Kennedy Drive; intersection reconstruction);

(14) Williston HES 5500(8) (U.S. 2/VT 2A; intersection reconstruction);

(15) Waterville RS 0282(3) (VT 109 reconstruction);

(16) Barton RS 0310(4) (VT 58 reconstruction);

(17) Coventry RS 0113(30) (U.S. 5; widening/resurfacing);

(18) Danville NH 028-3( ); (U.S. 2; reconstruction);

(19) Groton F 026-1(35) (U.S. 302; reconstruction);

(20) Proctor STP 0163( ) (VT 3; reconstruction);

(21) Rutland City MEGC 3000(15) (State Street; EIS/feasibility study);

(22) Cavendish STP 0146( )SC (VT 131; project scoping);

(23) Randolph IM IR 089-1(14) (I-89; weigh station);

(24) Sharon-Strafford STP 0177( ) (TH 2/VT 132; reconstruction);

(25) Brattleboro M 2000(11)S C/2 (U.S. 5/Putney Road urban reconstruction/rehabilitation;

(26) Middlebury NH 019-3( )SC (U.S. 7; project scoping);

(27) Bennington STP 1000( )SC (VT 7A; scoping - improvements to VT 7A);

(28) Barre City MEGC 6000(14) (U.S. 302; rehabilitation/reconstruction);

(29) Berlin MEGC 6200(5) (U.S. 302; rehabilitation/reconstruction);

(30) East Montpelier FEGC F 028-3(22) (U.S. 302; relocation);

(31) East Montpelier FEGC F 037-1(16) (VT 14; reconstruction);

(32) Marshfield FEGC F 028-3(28) (U.S. 2; reconstruction);

(33) Marshfield FEGC F 028-3(29) (U.S. 2; possible relocation);

(34) Montpelier-Berlin STP 6400( )SC (Montpelier Jct. State Highway/TH 8; project scoping);

(35) Plainfield-Marshfield FEGC F 028-3(27) (U.S. 2; reconstruction);

(36) Washington RS 0169(5) (VT 110; reconstruction);

(37) Derby-Holland-Morgan RS 0316(4) (VT 111; reconstruction);

(38) Groton RS 0217(3) (VT 232; reconstruction);

(39) Groton RS 0217(4) (VT 232; reconstruction);

(40) Groton STP 0217( ) (VT 232; reconstruction);

(41) St. Johnsbury NH 041-1( ) (U.S. 5; reconstruction);

(42) St. Johnsbury-Kirby NH 028-4( ) (U.S. 2; reconstruction);

(43) Enosburg STP 027-1( )SC (VT 108; project scoping);

(44) Enosburg-Berkshire STP 034-1( )SC (VT 105; project scoping);

(45) Milton-Georgia RS 0285(12) (U.S. 7; resurfacing/safety improvements);

(46) North Hero STP 028-1( )SC (U.S. 2; project scoping);

(47) Sheldon STP 034-1( )SC (VT 105; project scoping);

(48) Poultney-Castleton F 015-2(3) (VT 30; reconstruction);

(49) Proctor STP 0163( )SC (VT 3; project scoping);

(50) Sudbury RS 0161(8) (VT 30; reconstruction);

(51) Norwich RS 0113(39) (U.S. 5; reconstruction);

(52) Wilmington F 010-1(22) (VT 9 reconstruction); and

(53) Springfield STP 2500 () (Town Highway 5 South Street Reconstruction).

(e) Notwithstanding anything to the contrary in project agreements previously entered into between the agency of transportation and cooperating municipalities, the agency of transportation shall hold harmless participating municipalities against any liability for the local share for projects cancelled under authority of subsection (c) of this section, and reimburse participating municipalities for any amounts already paid as the local share for cancelled projects.

* * * Advancement and Substitution of Projects * * *

Sec. 2. ADVANCEMENT OR CANCELLATION OF PROJECTS

Should capital projects in the program for the current fiscal year be delayed for any reason, the secretary of transportation is authorized to advance other projects in the same year or subsequent years. No project shall be decertified or cancelled without the approval of the general assembly.

Sec. 3. ADDITIONAL FEDERAL FUNDS

(a) To enable the state of Vermont to take advantage of additional federal funds that may be made available, the secretary of transportation is authorized to accelerate projects in the state's transportation capital program and project development plan. The secretary shall report quarterly to the members of the joint transportation oversight committee and members of the House and Senate committees on transportation on any changes in the scheduling of the projects in the transportation capital program or project development plan, and shall additionally submit the report required in 19 V.S.A. § 10h, relating to cost overruns.

(b) The joint fiscal office shall review the current statutes and administrative processes regarding the transportation project approval process for the purpose of ensuring that process adheres to the transportation capital program and project development plan approved annually by the general assembly. The review shall examine the secretary’s powers for accelerating projects in the transportation capital program and project development plan. The joint fiscal office shall report to the House and Senate committees on transportation no later than January 15, 2001, its findings and recommendations for legislative action if any.

* * * Transportation Buildings * * *

Sec. 4. TRANSPORTATION BUILDINGS; REALLOCATION OF FUNDS

The following sums are reallocated and appropriated to the agency of transportation for the transportation buildings program to defray expenditures for building projects authorized in this act:

(1) $6,051.24 appropriated in Sec. 7 of Act No. 62 of 1995 (rehabilitation and construction of miscellaneous transportation buildings and facilities); and

(2) $37,000.00 appropriated in Sec. 1(b)(2) of Act No. 38 of 1997 (renovations to basement of District No. 2 office in Dummerston for the purpose of improving public accommodations at a site used by the department of motor vehicles’ mobile van).

* * * Railroads * * *

Sec. 5. RAIL CAPITAL INVESTMENT POLICY PLAN

The sum of $40,000 is appropriated from the transportation fund to the agency of transportation policy and planning program (account # 0408811901). The federal funds appropriated in Sec. 1(b)(12) of No.18 of the Acts of 1999 shall be expended, along with funds appropriated in this section, by the agency to produce a rail capital investment policy plan, which shall be submitted to the House and Senate committees on transportation by January 15, 2001. The plan shall be created by the agency of transportation through a cooperative effort with railroads operating in Vermont, the Railroad Association of Vermont, shippers, receivers, regional planning commissions, the Chittenden County Metropolitan Planning Organization, public transit operators, regional development corporations, the conservation law foundation, the agency of commerce and community development and the general assembly. Included in the policy plan shall be recommendations to the general assembly for statutory changes necessary to implement the plan. At a minimum, the plan shall include the following:

(1) A vision of what a fully-implemented rail system would be like, including intermodal connections, regions to be served, individuals to be served, businesses to be served, and a multi-year funding program that is within the state’s reasonable capabilities to achieve such a system;

(2) An analysis of the current funding system, including proposals, if any, for changes to the current system;

(3) Options for future development of double-stack rail freight, including the secretary conferring with his or her counterpart in Massachusetts to determine the possibilities for cooperative efforts in developing a double-stack rail corridor;

(4) A statement as to the role of rail transportation in the state’s total transportation delivery system;

(5) An examination of current users of rail transportation, as well as areas of the state with potential for rail use that presently are underserved;

(6) Options for transportation and rail infrastructure improvements that would directly lead to a reduction of commercial motor vehicles that are currently transporting goods and freight on state highways;

(7) A statement outlining rail investment priorities for the state;

(8) Examination of the current signal maintenance program and recommendations for state funding; and

(9) A study of the feasibility of attaching passenger rail cars to freight trains for the movement of rail passengers. The study shall include, but not be limited to, examination of any federal statutes or regulations that address the issue of connecting passenger rail cars to freight trains, the various issues surrounding freight and passenger scheduling, and the potential for ridership.

Sec. 6. WASHINGTON COUNTY RAILROAD COMPANY; APPROVAL OF OPERATING AGREEMENT

The general assembly hereby approves the September 30, 1999 operating agreement between the state of Vermont, agency of transportation and Washington County Railroad Company for lease and operation of the state-owned railroad line between Montpelier Junction and Graniteville.

Sec. 7. 5 V.S.A. § 3405 is amended to read:

§ 3405. LEASE FOR CONTINUED OPERATION

The secretary, as agent for the state, with the approval of the governor and, when the general assembly is in session, the general assembly, and when not in session, the legislative joint fiscal committee, is authorized to lease all or any state-owned railroad property to any responsible person for operation of a railroad, provided that approval for the operation, if necessary, is granted by the Interstate Commerce Commission. The lease shall be for a price and shall be subject to any further terms and conditions as, in the opinion of the secretary, are necessary and appropriate to accomplish the purpose of this chapter.

Sec. 8. BURLINGTON RAILROAD YARD RELOCATION

The agency of transportation is directed to evaluate the feasibility of funding options for a proposed relocation of the Burlington railroad yard, including assessment of potential federal, state, local, private and innovative funding options. The agency shall report its findings to the House and Senate committees on transportation no later than January 15, 2001.

* * * U.S. Route 7 Corridor * * *

Sec. 9. REALLOCATION OF FUNDS

Funds presently allocated for highway project Dorset-Mount Tabor-Danby NH 2132(1)S (U.S. Route 7 paving and re-striping) shall be used by the agency of transportation for acquisition of additional land and rights to facilitate the eventual widening for additional control of access along the U.S. Route 7 corridor between the northern terminus of the existing limited access facility in Dorset and Imperial Drive in South Burlington.

Sec. 10. U.S. ROUTE 7 CORRIDOR FROM DORSET TO SOUTH BURLINGTON

(a) The general assembly finds that the segment of U.S. Route 7 from the northern terminus of the existing limited access facility in Dorset to the intersection with Imperial Drive in South Burlington is an important part of the National Highway System infrastructure. The general assembly further finds that the public convenience and necessity continues to require the prompt and efficient acquisition of a right-of-way, generally at least 120 feet wide in rural areas, extending 60 feet on either side of the existing centerline, along the existing U.S. Route 7 corridor between the northern terminus of the existing limited access facility in Dorset and the intersection with I-189 in South Burlington, together with such additional land and rights as may be needed along particular segments.

(b) Wherever feasible, the agency of transportation should acquire control of access along those segments of the U.S. Route 7 corridor between Dorset and South Burlington that are not already limited access facilities.

(c) All condemnation proceedings involving the U.S. Route 7 corridor between Dorset and South Burlington shall have precedence in accordance with 19 V.S.A. § 1707.

* * * Intermodal and Multimodal Facilities; Project Planning Criteria * * *

Sec. 11. 19 V.S.A. § 10j is added to read:

§ 10j. INTERMODAL AND MULTIMODAL TRANSPORTATION

FACILITIES; PROJECT PLANNING CRITERIA

(a) Initial Screening/Threshold Requirements. In considering a proposal for an intermodal or multimodal transportation facility, the agency shall take into account the size of the community, the location of the proposed facility, and the presence of a logical combination of transportation modes. An intermodal facility requires the presence of several modes of transportation, and a reasonable need to connect the different modes in a manner not easily done without the presence of a dedicated intermodal facility.

(b) Project Information. The agency shall adopt a policy identifying the basic information to be provided in any application for a proposed intermodal or multimodal facility.

(c) Project Evaluation. Applications will be evaluated based on:

(1) Usage potential (i.e., how many people will be boarding and alighting at this location);

(2) Need for transfer facilities (i.e., how many will be transferring between vehicles or modes, and need to wait for connections);

(3) Modal connections (i.e., do modes actually connect at this location, what are the frequencies, and how many people will be making the connection);

(4) Opportunities for savings resulting from combining facilities (e.g., if railroad and bus stations are in the same building, does that save capital or operating dollars);

(5) Relationship of proposed costs to usage/revenue (annualized capital and operating costs per boarding);

(6) Relationship to 10 V.S.A. chapter 151 (Act No. 250 of 1970, as amended), 22 V.S.A. chapter 14 (historic preservation), 24 V.S.A. chapter 76A (historic downtown development) and the planning goals of 24 V.S.A. § 4302;

(7) Whether the proposed project addresses needs identified in policy or service plans for other modes (i.e., intercity bus, passenger rail, aviation);

(8) Long-term viability from an operations and maintenance perspective; and

(9) Self-sustainability of project funding (i.e., what, if any, level of ongoing subsidy will be needed).

(d) Project Managers. A project manager shall be assigned to each intermodal and multimodal transportation facility project which has received state or federal funding and this assignment shall not delay the construction schedule.

(e) State Funding. It shall be the policy of the state that state funds not be expended on intermodal or multimodal projects that have federal funds specifically designated for them until they enter the construction phase.

* * * Necessity Hearing; Projects Extending into Two or

More Counties * * *

Sec. 12. 19 V.S.A. § 505 is amended to read:

§ 505. HEARING TO DETERMINE NECESSITY

(a) The superior judge to whom the petition is presented shall fix the time for hearing, which shall not be more than *[sixty]* 60 nor less than *[forty]* 40 days from the date he or she signs the order. Likewise, he or she shall fix the place for hearing, which shall be the superior court or any other place within the county in which the land in question is located. If the superior judge to whom the petition is presented cannot hear the petition at the time set he or she shall call upon the *[chief superior]* administrative judge to assign another superior judge to hear the cause at the time and place assigned in the order.

(b) If the land proposed to be acquired extends into two or more counties, then a single hearing to determine necessity may be held in one of the counties. In fixing the place for hearing, the superior judge to whom the petition is presented shall take into consideration the needs of the parties.

* * * Recording of Highway Access Permits * * *

Sec. 13. 19 V.S.A. § 1111(l) is amended to read:

(l) Recording of permits; recording fees. Initial and subsequent permits shall be recorded at the expense of the applicant in the land records of any municipality in which the affected property is located, unless the agency (in the case of state highways) or the legislative body (in the case of town highways) determines that such action is not warranted in specific instances or for certain categories of permits. The agency or the *[selectboard may decline to issue a permit until the applicant submits a check, payable to the appropriate municipal clerk, for prepayment of the recording fee]* legislative body may include, as a condition of the permit, that the issued permit shall not be valid until the permit holder records in the office of the appropriate municipal clerk the “notice of permit action” provided with the issued permit by the agency or the legislative body.

* * * Environmental Mitigation Site Rules; Penalties * * *

Sec. 14. 23 V.S.A. § 2302(a) is amended to read:

(a) As used in this chapter, "traffic violation" means

* * *

(6) a violation of chapter 29 of Title 5, relating to motor carrier safety standards, and rules adopted pursuant to section 2101 of Title 5; *[or]*

(7) a violation of section 3408(c) of Title 5, relating to trail use of certain state-owned railroad corridors; or

(8) a violation of subsection 7(j) of Title 19, relating to access to or use of environmental mitigation sites administered by the agency of transportation.

Sec. 15. TRANSFERRING OWNERSHIP OF ENVIRONMENTAL SITES

The secretary shall develop a policy plan that addresses transferring ownership of each environmental mitigation site administered by the agency of transportation to the appropriate state agency, municipality or other entity. The plan shall include an inventory of all environmental mitigation sites administered by the agency of transportation and also consider the maintenance and stewardship requirements of each environmental mitigation site. The secretary shall present the policy plan to the House and Senate committees on transportation by January 15, 2001.

Sec. 16. 19 V.S.A. § 7(j) is added to read:

(j) The secretary may, after consulting with the secretary of natural resources, adopt rules governing public access to and use of environmental mitigation sites administered by the agency of transportation. Signs indicating the rules shall be conspicuously posted in or near all areas affected. Any person who violates these rules shall be subject to a penalty of not more than $300.00.

* * * Public Transit * * *

Sec. 17. 24 V.S.A. § 5084 is added to read:

§ 5084. PUBLIC TRANSIT ADVISORY COUNCIL

(a) A public transit advisory council shall be created by the secretary of transportation under 19 V.S.A. § 7(f)(5), to consist of the following members:

(1) the secretary of transportation or designee;

(2) the executive director of the Vermont public transportation association;

(3) three representatives of the Vermont public transportation association;

(4) a representative of the Chittenden County transportation authority;

(5) the secretary of human services or designee;

(6) the commissioner of employment and training or designee;

(7) the secretary of commerce and community development or designee;

(8) a representative of the Vermont center for independent living;

(9) a representative of the council of Vermont elders;

(10) a representative of private bus operators and taxi services;

(11) a representative of Vermont intercity bus operators;

(12) a representative of the Vermont association of planning and development agencies;

(13) a representative of the Vermont league of cities and towns;

(14) a citizen appointed by the governor;

(15) a member of the senate, appointed by the committee on committees; and

(16) a member of the house of representatives, appointed by the speaker.

(b) The advisory council shall be chaired by the secretary of transportation or designee.

(c) The advisory council shall meet no less than six times a year, excluding subcommittee meetings. The legislative members of the council shall be entitled to compensation and expenses as provided in 2 V.S.A. § 406. Members who are not state employees shall receive reimbursement of expenses and a per diem as provided in 32 V.S.A. § 1010.

(d) The advisory council shall serve as an advisory group to the agency of transportation on all matters relating to public transportation.

(e) On or before January 15 of each year, the advisory council shall report on its activities to the house and senate committees on transportation.

Sec. 18. 24 V.S.A. § 5083 is amended to read:

§ 5083. DECLARATION OF POLICY

(a) It is state policy that the goals for the maintenance of existing public transit services and creation of new services include, in order of precedence, the following:

*[(1) the state shall encourage the development and continuation of public transportation which is accessible and affordable to Vermonters in need of these services;]* *[(2) the secretary of transportation shall develop a plan for providing public transportation as part of an integrated transportation system with consideration for:]* *[(A) those segments of the population and areas of the state most in need;]* *[(B) existing transportation systems; and]* *[(C) flexibility in the development of creative local and regional alternatives.]*

(1) Provision for basic mobility for transit-dependent persons, as defined in the public transit policy plan of January 15, 2000, including meeting the performance standards for urban, suburban and rural areas. The density of a service area’s population is an important factor in determining whether the service offered is fixed route, demand-response or volunteer drivers.

(2) Access to employment, including creation of demand-response service.

(3) Congestion mitigation to preserve air quality and the sustainability of the highway network.

(4) Advancement of economic development with emphasis directed toward tourist areas. Applicants for “new starts” in this service sector shall demonstrate a high level of locally derived income for operating costs from fare-box recovery, contract income or other income.

(b) The public transit advisory council shall, at least annually, evaluate existing services based on the goals established in subsection (a) of this section. Proposals for new service shall be evaluated by examining feasibility studies submitted by providers. These studies shall address criteria set forth in the public transit policy plan of January 15, 2000.

Sec. 19. DISTRIBUTION OF STATE AND FEDERAL FUNDS TO PUBLIC TRANSIT SYSTEMS

Notwithstanding 24 V.S.A. § 5091(d), the secretary of transportation may distribute state and federal funds to public transit systems in FY 2001 under a different formula from the one set forth in that subsection, provided that:

(1) The public transit operators are given a meaningful opportunity to comment on the proposed distribution in advance of its being finalized;

(2) The proposed distribution formula will not result in a reduction to any public transit system in the total operating assistance it utilized in the prior fiscal year; and

(3) The agency working with the public transit advisory council shall produce a new statutory funding formula for consideration by the 2001 session of the general assembly.

Sec. 20. COMMUTER FRINGE BENEFIT DEMONSTRATION PROGRAM PLANNING GRANT

The sum of $18,000 is appropriated to the agency of transportation, of which $2,000 is from the transportation fund to account number 0408811906, and $16,000 is from federal funds to account number 0408814400 for a commuter fringe benefit demonstration study. It is the intention of the general assembly that this section not be construed as establishing a program beyond the stated date of the study. The purpose of the demonstration study is to ascertain the viability of the concept of a commuter fringe benefit, and whether incentives to employees can increase parking spaces in downtown Montpelier and the capitol complex development. The division of policy and planning within the agency of transportation shall have oversight of the planning grant. In conducting this study, the agency shall work with the city-state commission established by 29 V.S.A. chapter 8, the Vermont state employees' association, the department of personnel and the department of buildings and general services. The agency shall make recommendations and report back to the House and Senate committees of transportation by January 15, 2001.

* * * Repeal of Obsolete Statutes * * *

Sec. 21. REPEAL OF OBSOLETE STATUTES

The following provisions of Title 19 are repealed:

(1) § 515 (certificate of completion).

(2) § 715 (certificate of completion-acceptance).

(3) § 716 (copy of certificate to owner or occupant of land).

* * * Chittenden County Transportation Authority Bond Vote * * *

Sec. 22. VALIDATION OF CHITTENDEN COUNTY TRANSPORTATION AUTHORITY BUS BOND VOTE

Notwithstanding the failure to fully comply with the publication schedule for the warning of the March 7, 2000 special meeting of the Chittenden County Transportation Authority, all actions taken at the special meeting are hereby confirmed and validated.

* * * Violation of Truck Height, Width and Length Permits * * *

Sec. 23. REPEAL

Sec. 9f(a) of No. 120 of the Acts of 1998 (sunset of reduction of penalties for truck permit violations) is repealed.

* * * Evidence of Highway Completion * * *

Sec. 24. 19 V.S.A. § 515a is added to read:

§ 515a. EVIDENCE OF HIGHWAY COMPLETION

The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public.

Sec. 25. 19 V.S.A. § 717 is added to read:

§ 717. EVIDENCE OF HIGHWAY COMPLETION

The lack of a certificate of completion of a highway shall not alone constitute conclusive evidence that a highway is not public.

* * * U.S. Route 4 in New York and a Vermont East-West Highway * * *

Sec. 26. U.S. ROUTE 4 IN NEW YORK; EAST-WEST ROUTE FROM RUTLAND TO NEW HAMPSHIRE

(a) The secretary of the Vermont agency of transportation shall contact the commissioner of the New York state department of transportation to determine the New York plans for upgrading U.S. Route 4 in New York from the Vermont border at Fair Haven to New York Route 149 and from Route 149 to I-87. The secretary shall stress the importance of this corridor to both states, and encourage commencement of the planning and upgrading process. A report shall be filed by the secretary with the House and Senate committees on transportation by January 15, 2001.

(b) The secretary of the agency of transportation shall develop a report incorporating past and current studies for the movement of freight by rail and commercial motor vehicles along an east-west corridor from Rutland to the New Hampshire border. The report shall take into consideration the resources available to the state, the current transportation capital program and project development plan, and improvements to the current transportation infrastructure which would have the potential to increase rail freight shipments through the corridor. This report should synthesize all previous studies related to the feasibility of constructing a new highway or reconstructing existing highways, and any combination of the two. The data resulting from this review shall be reported to the legislature by January 15, 2001.

* * * Winter Maintenance of Class 2 and 3 Town Highways * * *

Sec. 27. 19 V.S.A. § 302(a)(3)(B) is amended to read:

(a) For the purposes of this section and receiving state aid, all town highways shall be categorized into one or another of the following classes:

* * *

(3) Class 3 town highways:

* * *

(B) The minimum standards for class 3 highways are a highway negotiable under normal conditions all seasons of the year by a standard manufactured pleasure car. This would include but not be limited to sufficient surface and base, adequate drainage, and sufficient width capable to provide winter maintenance, except that based on safety considerations for the traveling public and municipal employees, the selectboard shall, by rule adopted under 24 V.S.A. chapter 59, and after following the process for providing notice and hearing in section 709 of this title, have authority to determine whether a class 3 highway, or section of highway, should be plowed and made negotiable during the winter. However, a property owner aggrieved by a decision of the selectboard may appeal to the transportation board pursuant to subdivision 5(d)(8) of this title.

Sec. 28. 19 V.S.A. § 304(a)(2) is amended to read:

(a) It shall be the duty and responsibility of the selectmen of the town to, or acting as a board, they shall have the authority to:

* * *

(2) take any action consistent with the provisions of law, including determinations made pursuant to subdivision 302(a)(3)(B) or subsection 310(a) of this title, which are necessary for or incidental to the proper management and administration of town highways;

Sec. 29. 19 V.S.A. § 310(a) is amended to read:

(a) A town shall keep its class 1, 2 and 3 highways and bridges in good and sufficient repair during all seasons of the year, except that based on safety considerations for the traveling public and municipal employees, the selectboard shall, by rule adopted under 24 V.S.A. chapter 59, and after following the process for providing notice and hearing in section 709 of this title, have authority to determine whether a class 2 or 3 highway, or section of highway, should be plowed and made negotiable during the winter. A property owner aggrieved by a decision of the selectboard may appeal to the transportation board pursuant to subdivision 5(d)(8) of this title.

Sec. 30. 19 V.S.A. § 310(d) is added to read:

(d) For class 2 and 3 highways that have routinely not been plowed and made negotiable prior to July 1, 2000, the process requirements of subdivision 302(a)(3)(B) of this title and subsection (a) of this section shall not be required. A property owner adversely affected by this subsection may request the selectboard to plow and make negotiable a class 2 or 3 town highway. However, a property owner aggrieved by a decision of the selectboard may appeal to the transportation board pursuant to subdivision 5(d)(8) of this title.

Sec. 31. 19 V.S.A. § 5(d) is amended to read:

(d) The board shall:

* * *

(6) provide appellate review when requested in writing, regarding the fairness of rents and fees charged for the occupancy or use of state-owned properties administered by the agency; *[and]*

(7) in coordination with the agency, hold public hearings for the purpose of obtaining public comment on the development of state transportation policy, the mission of the agency, and state transportation planning, capital programming, and program implementation; and

(8) hear and determine disputes involving the decision of a selectboard under subdivision 302(a)(3)(B) or subsection 310(a) of this title not to plow and make negotiable a class 2 or 3 town highway or section of a highway during the winter.

* * * Correction of Statutory Reference * * *

Sec. 32. 10 V.S.A. § 1021(e) is amended to read:

(e) This subchapter does not apply to dams subject to chapter 43 of this title nor to highways or bridges subject to *[section 5 of Title 19]* 19 V.S.A. § 10(12).

* * * Supplemental Guide Signs * * *

Sec. 33. 10 V.S.A. § 494(6) is amended to read:

The following signs are exempt from the requirements of this chapter except as indicated in section 495 of this title:

* * *

(6) Official green traffic control signs, including signs on limited access highways consistent with the manual on uniform traffic control devices, adopted under 23 V.S.A. § 1025, directing people to *[official state visitor information centers, nonprofit museums, fairgrounds or exposition sites or nonprofit diploma granting educational institutions for people with disabilities and postsecondary educational institutions, subject to rules adopted by the travel information council that:]*

*[(A) are open a minimum of 120 days each year, and]* *[(B) are located within 15 miles of an interstate highway exit, and]* *[(C) reimburse the agency of transportation for the actual cost of fabrication, installation and yearly maintenance.]*

other towns, international airports, postsecondary educational institutions; cultural and recreational destination areas; nonprofit diploma granting educational institutions for people with disabilities; and official blue traffic control signs, including signs on limited access highways, consistent with the manual on uniform traffic control devices, adopted under 23 V.S.A. § 1025, directing people to official state visitor information centers. After having considered the six priority categories in this subdivision, the travel information council may approve installation of a green sign for any of the following:

(A) Nonprofit museums;

(B) Cultural and recreational attractions owned by the state or federal government;

(C) Officially designated scenic byways;

(D) Park and ride or multimodal centers; and

(E) Fairgrounds or exposition sites;

provided the designations in subdivisions (A) through (E) are open a minimum of 120 days each year and are located within 15 miles of an interstate highway exit. Signs erected under this subdivision (6) of this section shall not exceed a maximum allowable size of 80 square feet.

* * * Municipal Electronic Speed Display Program * * *

Sec. 34. MUNICIPAL ELECTRONIC SPEED DISPLAY PROGRAM

(a) The general assembly finds that electronic speed display machines, which alert motorists to the speed they are traveling, have a positive effect in reducing the overall speed of the travelling public. The general assembly further finds that these machines would greatly assist municipalities with their local speed enforcement efforts and generally enhance the safety of the traveling public.

(b) The governor’s highway safety council is directed to procure 20 electronic speed display machines and to distribute them as follows:

(1) Fourteen machines at one per county for each county sheriff;

(2) Four machines to the department of public safety for use by the state police; and

(3) Two machines to be retained by the governor’s highway safety council to be used exclusively at highway construction projects. The governor’s highway safety council shall coordinate with the state police and the sheriffs regarding the use of machines which are to be used at highway construction projects.

(c) Each state agency and county office which is provided electronic speed display machines under this section shall be responsible for the maintenance and storage of the machines. Maintenance costs may be included under the procurement specifications. It shall be the responsibility of the municipality desiring to use the electronic speed display machine to provide for its transportation to and from the municipality.

(d) The sheriff of each county shall develop a plan to rotate the electronic speed display machine within the county to each municipality that requests their use. Sheriffs shall notify the legislative body of each municipality within their jurisdiction of the availability of the electronic speed display machine for municipal use.

(e) The sum of $160,000 is appropriated from the transportation fund to the agency of transportation for the governor’s highway safety council for the procurement of electronic speed display machines authorized in this section.

* * * Transportation Fund Transfer; Equipment Replacement Account * * *

Sec. 35. TRANSPORTATION FUND TRANSFER; EQUIPMENT

REPLACEMENT ACCOUNT

The amount of $4,450,000 is transferred from the transportation fund to the transportation equipment replacement account within the central garage fund.

* * * Central Garage Fund * * *

Sec. 36. 19 V.S.A. § 13 is amended to read:

§ 13. CENTRAL GARAGE *[REVOLVING]* FUND

(a) There is created a central garage *[revolving]* fund which shall be used:

(1) to furnish equipment on a rental basis to the districts and other sections of the agency for use in construction, maintenance and operation of highways or other transportation activities; and

(2) to provide a general equipment repair and major overhaul service as well as furnish necessary supplies for the operation of the equipment.

(b) To maintain a safe, reliable equipment fleet, new or replacement highway maintenance equipment *[may]* shall be acquired, using *[internal equipment]* central garage funds*[, lease, lease-purchase or other funding methods determined to be in the best interests of the state]*. The agency is authorized to acquire replacement pieces for existing highway equipment, or new, additional equipment equivalent to equipment already owned*[, as dictated by mission requirements]*; however, the agency shall not increase the total number of permanently assigned or authorized motorized or self-propelled vehicles without legislative approval.

(c) There shall be established and maintained within the central garage fund, a separate transportation equipment replacement account for the purposes stated in subsection (b) of this section. Beginning in fiscal year 2002 and thereafter, an amount equal to one percent of the prior year transportation fund appropriation shall be transferred prior to August 1 from the transportation fund to the central garage fund and allocated to the transportation equipment replacement account, and beginning in fiscal year 2001, and thereafter, an amount not less than the sum of equipment depreciation expense and net equipment sales from the prior fiscal year, shall be allocated prior to August 1 from within the central garage fund to the transportation equipment replacement account. All expenditures from this account shall be appropriated by the general assembly and used exclusively for the purchase of equipment as authorized in subsection (b) of this section.

*[(c)]*(d) In each fiscal year, net income of the fund earned during that fiscal year shall be retained in the fund. *[(d)]*(e) The fiscal year of the central garage for computing net worth and net income shall be the year ending June 30. *[(e)]*(f) Annually the auditor of accounts shall conduct an examination of the central garage revolving fund and report his or her findings in accordance with 32 V.S.A. § 163(5).

(g) The agency of transportation shall annually issue a report detailing the fiscal year expenditures of the transportation equipment replacement account.

*[(f)]*(h) For purposes of this section, "equipment" means registered motor vehicles and highway maintenance equipment assigned to the central garage *[revolving fund]*.

* * * Transportation Enhancement Committee * * *

Sec. 37. Sec. 41v of No. 18 of the Acts of 1999 is amended to read:

Sec. 41v. TRANSPORTATION ENHANCEMENT ADVISORY COMMITTEE

(a) The Vermont transportation enhancement advisory committee is created and shall be comprised of the secretary of transportation or his or her designee, a representative from the division of historic preservation, one member to be appointed by the secretary of transportation to represent the tourism and marketing industry, a representative of the agency of natural resources, three municipal representatives designated by the Vermont league of cities and towns, one member representing the Vermont association of planning and development agencies, two members from the house designated by the speaker and two members from the senate designated by the committee on committees. Municipal and legislative members shall serve concurrently for two-year terms and the initial appointments of these members shall be made in a manner which allows for them to serve a full legislative biennium. In the event a municipal or legislative member ceases to serve on the committee prior to the full term, the appointing authority shall fill the position for the remainder of the term. The committee shall, to the greatest extent practicable, encompass a broad geographic representation of Vermont.

(b) There is appropriated $2,000,000 in federal funds for fiscal year 2000 to the agency of transportation project development program (account #0408810700) for the local enhancement program. The transportation enhancement advisory committee shall review all of the enhancement applications funded under this section, as well as all future enhancement applications. For fiscal year *[2001]* 2002 and thereafter, *[at least 75]* 100 percent of the minimum surface transportation apportionment enhancement set-aside shall be expended on transportation projects that have been reviewed by the transportation enhancement advisory committee.

(c) The agency shall develop an outreach and marketing effort designed to provide information to communities with respect to the benefits of participating in the enhancement program. This effort should be directed to areas of the state historically underserved by this program.

* * * Transportation Fund Appropriations for Support of State Government * * *

Sec. 38. Sec. 41x of No. 18 of the Acts of 1999 is amended to read:

Sec. 41x. TRANSPORTATION FUND APPROPRIATIONS

*[In fiscal year 1999, the maximum amount of transportation funds that may be appropriated for the support of government, other than for the Agency of Transportation, transportation pay act funds, the cost of maintaining and staffing interstate rest areas, and transportation debt service, shall not exceed 25% of the total of the prior fiscal year transportation fund appropriations.]* In fiscal year *[2000]* 2002 and thereafter, the maximum amount of transportation funds that may be appropriated for the support of government, other than for the Agency of Transportation, transportation pay act funds, the cost of maintaining and staffing rest areas, construction of transportation capital facilities used by the agency of transportation, and transportation debt service, shall not exceed *[24.5%]* 23 percent of the total of the prior fiscal year transportation fund appropriations *[(less amounts appropriated that are supported by indirect cost reimbursement from federal agencies)]*.

* * * Federal Funds Transfer * * *

Sec. 39. FEDERAL FUNDS TRANSFER

Any federal funds transferred pursuant to 23 C.F.R. § 1270.6 or 1275.6 in FY 2001 to the 23 U.S.C. § 402 program shall be used exclusively for the 23 U.S.C. § 152 hazard elimination program. The governor’s highway safety council shall work cooperatively with the agency of transportation in administering the hazard elimination program under this section.

* * * Rest Areas * * *

Sec. 40. REST AREAS

The sum of $80,000 is appropriated from the transportation fund to the department of buildings and general services to staff and operate the White River Junction welcome center. This appropriation shall be considered a part of the rest area and welcome center ongoing operating program of the department of buildings and general services.

Sec. 41. REST AREA POSITIONS

(a) Nine new limited service, full-time positions (travel representative I) are authorized for the department of buildings and general services.

(b) The sum of $222,516 is appropriated from the transportation fund to the department of buildings and general services to staff and operate the Randolph, Sharon and Hartford rest areas.

(c) The appropriation in this section shall be considered a part of the rest area and welcome center ongoing operating program of the department of buildings and general services.

* * * Transportation Fund Transfers * * *

Sec. 42. TRANSPORTATION FUND TRANSFERS

Notwithstanding any other provisions of law, the fiscal year 2000 unreserved undesignated transportation fund balance on a budgetary basis as determined by the commissioner of finance and management on July 31, 2000, is hereby transferred as follows:

(1) First, the necessary portion of the balance shall be transferred to the transportation fund budget stabilization reserve to attain its statutory maximum.

(2) Second, of any remaining fund balance after subdivision (1) of this section, $1,168,741.26 shall be appropriated to the agency of transportation, account #0408813709, to offset the receivables for hazardous waste remediation and other local share responsibilities related to the Rutland multimodal transportation center. This appropriation shall not occur until the secretaries of administration and transportation certify as to the completion of all steps necessary to transfer ownership and operation of the Rutland multimodal transportation center from the Marble Valley Regional Transit District to the state of Vermont or its designee.

* * * Town of Cornwall: VT 125/TH # 2 Intersection * * *

Sec. 43. TOWN OF CORNWALL; VT 125/TH # 2 INTERSECTION

The sum of $100,000 is appropriated to the agency of transportation, maintenance division, account #0408813100, from the transportation fund, for sight distance improvements at the intersection of VT Route 125 and Cider Mill Road (TH # 2) in the town of Cornwall.

* * * City of Vergennes: Route 22A Improvements * * *

Sec. 44. CITY OF VERGENNES; ROUTE 22A IMPROVEMENTS

The sum of $50,000 is appropriated to the agency of transportation project development roadway program, account #0408811700 from the transportation fund for roadway rehabilitation costs on VT Route 22A from the Otter Creek bridge to the Panton Road in Vergennes.

* * * Traffic Calming Program * * *

Sec. 45. TRAFFIC CALMING DEMONSTRATION PROGRAM

(a) The general assembly finds that with increased vehicular traffic in many of our villages and towns, municipalities may need assistance in funding traffic calming improvement projects.

(b) Grants awarded under this section shall be for scoping, preliminary engineering, and construction of traffic calming improvements in municipalities. Any Vermont municipality shall be an eligible applicant. The agency of transportation shall develop an application for this demonstration program and notify eligible participants of its availability.

(c) The agency of transportation shall develop criteria for approval of applications which shall include, but are not limited to:

(1) Motor vehicle volume and speed;

(2) Volume of commercial motor vehicles;

(3) Local use of roadway; and

(4) Number of vehicular or pedestrian accidents.

(d) The sum of $100,000 is appropriated from the transportation fund to the agency of transportation for the purposes of this section.

* * * Municipal Loan Fund * * *

Sec. 46. 29 V.S.A. § 1602(a) is amended to read:

(a) Upon application of a municipality or two or more municipalities applying jointly, the state treasurer may loan money from the fund to that municipality or municipalities for the purchase of equipment. Purchases of equipment eligible for loans from the fund shall have a useful life of at least three years and a purchase price of at least $20,000.00 but shall not be eligible for loans in excess of *[$60,000.00]* $90,000.00 from this fund.

* * * Rutland Multimodal Transportation Center * * *

Sec. 47. RUTLAND MULTIMODAL TRANSPORTATION CENTER

(a) The general assembly finds that the long-term success and viability of multimodal centers and parking facilities requires that they be owned and operated by municipalities or private businesses. The secretary of transportation is directed to enter into negotiations with the Marble Valley Regional Transit District and the city of Rutland for transfer of ownership and operation of the Rutland multimodal transportation center from the Marble Valley Regional Transit District to the city of Rutland or to the state.

(b) The sum of $1,340,000 is appropriated from the transportation fund to the agency of transportation for use by the secretary of transportation for costs associated with transferring the Rutland multimodal transportation center from the Marble Valley Regional Transit District to the city of Rutland. In the event the city of Rutland doesn’t take ownership of the center by September 1, 2000, the secretary shall be authorized to utilize $420,000 of the aforementioned sum for operating and marketing expenses related to the center.

(c) Up to $500,000 of any state funds returned to the agency of transportation as a result of any claims or litigation by the Marble Valley Regional Transit District concerning the Rutland multimodal transportation center shall be escrowed until July 1, 2010, and used to make satisfactory structural repairs to the Rutland multimodal transportation center. Notwithstanding any other law to the contrary, any funds returned to the agency of transportation from the above referenced claims or litigation in excess of the escrowed $500,000 shall be deposited in the transportation fund. Escrowed funds shall be used to repair structural damage resulting from design, engineering or construction of the Rutland multimodal transportation center. Any funds remaining in the escrow fund as of July 1, 2010, including all interest, which shall be credited to the fund, that have not been committed to the repair of structural damage shall be deposited in the transportation fund. Expenditures from the escrow fund shall require approval from the secretary of transportation and the owner of the Rutland multimodal transportation center. By January 15 of each year, the agency of transportation shall report to the House and Senate committees on transportation on the status of any litigation funds referred to in the subsection.

(d) Notwithstanding any other provision of law, the secretary of transportation is authorized and directed to transfer an amount of any unexpended state funds appropriated to the agency of transportation in FY 2000 to the project development and special projects unit, excluding funds appropriated for town highways, up to $800,000 for costs associated with acquisition, scoping, design and construction of transit park and ride facilities statewide. This subsection shall not take effect unless the city of Rutland takes ownership of the transit center by September 1, 2000.

(e) Transfer of the Rutland multimodal transportation center to the city of Rutland shall require approval by the joint fiscal committee.

* * * Cavendish-Ludlow Project * * *

Sec. 48. CAVENDISH/LUDLOW VT 103

(a) The Cavendish-Ludlow-F 025-1(30), VT Route 103 project shall be considered a priority for any roadway design technicians added to the staff of the agency of transportation.

(b) The sum of $50,000 is appropriated from the transportation fund to the agency of transportation technical services (account #0408811501) for a demonstration project. This is for contracting to acquire right-of-way options for the Cavendish-Ludlow F 025-1(30) VT 103 roadway project.

(c) The agency of transportation shall report to the House and Senate committees on transportation on the process and results of the demonstration project, by January 15, 2001.

* * * VT Route 102 * * *

Sec. 49. VT ROUTE 102

The sum of $200,000 is appropriated to the agency of transportation maintenance division (account #0408813100) from the transportation fund for safety improvements on VT Route 102.

* * * Junkyards * * *

Sec. 50. JUNKYARD STUDY

(a) The agency of transportation shall review the resources available for administering the junkyard law, including a review of current statutes and rules applicable to junkyards. The study shall include recommendations for any statutory changes that may be necessary.

(b) On or before January 15, 2001, the agency of transportation shall submit its findings to the House and Senate committees on transportation.

* * * Review of Transportation Projects * * *

Sec. 51. REVIEW OF TRANSPORTATION PROJECTS

(a) The secretary of the agency of transportation shall review all of the transportation projects where the estimated individual total project cost exceeds $10 million in the FY 2001 Capital Program and Project Development Plan as approved by the general assembly. The secretary shall develop a project schedule and financial plan for these projects that:

(1) maintains the prime goals enumerated in “Vermont’s Long Range Transportation Plan” of maintaining our current transportation infrastructure and making strategic investments; and

(2) considers the availability of federal funds and state funds necessary to support the ongoing transportation programs of the agency of transportation.

(b) The secretary shall report this project schedule to the Senate and House committees on transportation on January 15, 2001.

* * * Cleveland Corners Road * * *

Sec. 52. CLEVELAND CORNERS ROAD

The sum of $50,000 is appropriated to the agency of transportation maintenance division (account #0408813100) for the town of Hyde Park to upgrade the base and drainage system on the Cleveland Corners Road which leads to the Green River Reservoir State Park. None of these funds shall be used for paving.

* * * Effective Dates * * *

Sec. 54. EFFECTIVE DATES

Secs. 1(b)(39a), 5, 20, 34(e), 35, 40, 41, 42, 43, 44, 45, 47, 48, 49 and 52 of this act shall take effect July 1, 2000; this section and the remaining sections shall take effect upon passage.

Approved: May 29, 2000