BILL AS PASSED BY BOTH HOUSE AND SENATE

H.764

AN ACT RELATING TO THE STATE’S TRANSPORTATION CAPITAL PROGRAM AND PROJECT DEVELOPMENT PLAN

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

* * * Adoption of Capital Program and Project Development Plan * * *

Sec. 1. TRANSPORTATION CAPITAL PROGRAM FOR 2003; PROJECT

DEVELOPMENT PLAN FOR 2004-2007; APPROVAL OF

PROJECT CANCELLATIONS

The transportation capital program for fiscal year 2003 and project development plan for fiscal years 2004-2007, appended to the agency of transportation’s proposed fiscal year 2003 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.

* * * Town Highway Bridge Program * * *

Sec. 2. TOWN HIGHWAY BRIDGE PROGRAM; MODIFICATIONS

The following modifications are made to the town highway bridge program:

(1) The schedule for the town highway bridge project Brookline‑Newfane BHO 1442(25), page 11, is amended as follows: by adding construction funds of $300,000, by deleting total funds of $8,925 and inserting $308,925, by deleting state funds of $892 and inserting $30,892, by deleting federal funds of $7,140 and inserting $247,140, and by deleting local funds of $893 and by inserting $30,893.

(2) The schedule for town highway bridge project Chester BRF 025‑1(35), page 19, is amended as follows: by adding construction funds of $454,781, by deleting total funds of $1,050 and inserting $455,831, by deleting state funds of $105 and inserting $45,583, by deleting federal funds of $840 and inserting $364,665, and by deleting local funds of $105 and inserting $45,583.

(3) The schedule for town highway bridge project Stamford TH3 9411, page 79, is amended as follows: by deleting construction funds of $168,000, by deleting total funds of $186,900 and inserting $18,900, by deleting state funds of $168,210 and inserting $17,010, and by deleting local funds of $18,690 and inserting $1,890.

* * * Aviation * * *

Sec. 3. AVIATION

The following modifications are made to the aviation program:

(1) The schedule for the aviation statewide development project, page 14, is amended as follows: by deleting other, total and state funds of $500,000 and inserting in all instances $350,000.

(2) The schedule for the aviation statewide facility improvement project, page 16, is amended as follows: by deleting other, total and state funds of $700,000 and inserting in all instances $480,000. Additional state funds of $220,000 are authorized for projects subject to the availability of funds under Sec. 308 of H.766 (2002) of the fiscal year 2003 appropriations bill.

* * * Rail * * *

Sec. 4. RAIL

The following modifications are made to the rail program:

(1) The schedule for the rail project Bellows Falls-Rutland, page 3, is amended as follows: by deleting other, total and state funds of $300,000 and inserting in all instances $208,440.

(2) The schedule for rail project Hartford-Newbury, page 10, is amended as follows: by deleting construction, total and state funding of $810,000 and inserting in all instances $562,788.

(3) The statewide project for the purchase of Amtrak service, page 12, is amended as follows: by changing the route name to read “interstate rail passenger service” and by changing the description to read “project is for the purchase of interstate rail passenger service.” The changes are to reflect the possibility that Amtrak may be succeeded by other service providers.

(4) The schedule for the rail statewide development and evaluation project, page 13, is amended as follows: by deleting other and total funds of $1,975,000 and inserting in both instances $2,230,030, and by deleting state funds of $475,000 and inserting $730,030. The changes are to increase state funding for the Rutland Rail Yard project by $400,000 for the purpose of completing the Act 250 process, and to decrease $144,970 in state funds for other projects.

(5) The schedule for the rail statewide property management project, page 16, is amended as follows: by deleting other, total and state funds of $450,000 and inserting in all instances $312,660.

(6) The schedule for the rail statewide bridge repair and upgrade project, page 19, is amended as follows: by deleting construction funds of $1,275,000 and inserting $3,560, and by deleting total and state funds of $2,200,000 and inserting in both instances $928,560.

(7) The schedule for rail statewide three-way partnerships, page 20, is amended as follows: by deleting all other, state and local funding.

(8) The schedule for the rail project Essex-St. Albans, page 8, is amended as follows: by deleting other, total and state funds of $350,000 and inserting in all instances $0.

* * * Roadway Program * * *

Sec. 5. PROJECT DEVELOPMENT; ROADWAY PROGRAM

The following modifications are made to the project development roadway program:

(1) A new project is added as follows: Springfield, project # STP 016‑2(10)S, for construction of a retaining wall on VT 11, and for construction of a retaining wall on North Main Street. The total project costs are: construction and total funds of $590,000, state funds of $54,000, federal funds of $432,000, and local funds of $104,000. In fiscal year 2003, by inserting, in both instances, construction and total funds of $295,000, by inserting state funds of $27,000, federal funds of $216,000, and local funds of $52,000.

(2) The schedule for roadway statewide development, page 23, is

amended as follows: by deleting other and total funding of $2,900,000 and inserting $1,320,000, by deleting state funds of $638,066 and inserting $373,066, by deleting federal funds of $2,231,705 and inserting $922,705, and by deleting local funds of $30,229 and inserting $39,229. These changes are to reserve funding in the total amount of $150,000 for the Manchester project #STP 0137( ) , to reserve funding in the total amount of $750,000 for the Pittsford-Brandon project #NH 019‑3(49)SC, and to provide $2,000,000 in

funding for all other projects.

(3) The schedule for Williston STP M 5500(7)S, page 26, is amended as follows: by deleting construction funds of $732,058, by deleting total funds of $847,558 and inserting $115,500, by deleting state funds of $211,889 and inserting $28,874, and by deleting federal funds of $635,669 and inserting $86,626.

(4) A new project, Springfield STP 0136(), is added to the roadway development and evaluation list. The new project is for the rehabilitation of TH #3 (VT 143) in the town of Springfield, from the intersection with VT 11 to the junction with US 5.

(5) A new project, Winooski (Downtown Development), is added to the roadway program. The new project is to reconstruct the intersection of East Allen Street and Main Street, construct East Canal Street, Barlow Street, New Street and East Street, and to modify other associated streets with curbs, roundabouts and pedestrian facilities. A new page is added, as follows: under total cost, by adding other and total costs of $9,000,000, by adding state funds of $900,000, by adding federal funds of $7,200,000, and by adding local funds of $900,000; under fiscal year 2003, by adding other and total funds of $1,250,000, by adding state funds of $125,000, by adding federal funds of $1,000,000, and by adding local funds of $125,000; under fiscal year 2004, by adding other and total funds of $1,875,000, by adding state funds of $187,500, by adding federal funds of $1,500,000, and by adding local funds of $187,500; and, under fiscal year 2005, by adding other and total funds of $5,875,000, by adding state funds of $587,500, by adding federal funds of $4,700,000, and by adding local funds of $587,500.

(6) The schedule for Burlington STP TCSE(001), page 4, is amended as follows: by deleting construction funds of $3,448,400 and inserting $1,698,400, by deleting total funds of $3,478,000 and inserting $1,728,000, by deleting state and local funds of $347,840 and inserting, in both instances, $172,840, and by deleting federal funds of $2,782,720 and inserting $1,382,720.

(7) A new project is added as follows: Rutland City-Rutland Town, project #STO19-3( ), for use by Rutland City and Rutland Town to complete improvements #1, 3, 6, and 8A in Table 11 on pages 42 and 43, referred to in the report to the agency of transportation by McFarland-Johnson, Inc., entitled “Upgrades to US Route 4 and 7 in Rutland City and Rutland Town (2001)”. Fiscal year 2003 funding in the amount of $350,000 is added to other, total and state funds contingent upon the availability of funds under Sec. 308 of H.766 (2002) of the fiscal year 2003 appropriations bill.

(8) The following projects on the candidate list shall be advanced: North Bennington STP 1200 ()S and Old Bennington STP 1400 ()SC.

* * * Project Development – Administrative Program * * *

Sec. 6. PROJECT DEVELOPMENT; ADMINISTRATIVE PROGRAM

The following modifications are made to the project development administrative program: the schedule for the project development administrative program, page 1, is amended as follows: by deleting other and total funds of $7,240,865 and inserting in both instances $6,844,639, and by deleting state funds of $5,021,327 and inserting $4,625,101.

* * * Project Development – Paving Program * * *

Sec. 7. PROJECT DEVELOPMENT; PAVING PROGRAM

The following modifications are made to the project development paving program: the schedule for the statewide paving program is amended as follows: by deleting state funds of $10,286,700 and inserting $9,254,829, and by deleting federal funds of $10,134,300 and inserting $12,674,375. Additional funds are authorized for the program contingent upon the availability of funds under Sec. 308 of H.766 (2002) of the fiscal year 2003 appropriations bill.

* * * Project Development – Interstate Bridges Program * * *

Sec. 8. PROJECT DEVELOPMENT; INTERSTATE BRIDGES PROGRAM

The following modifications are made to the interstate bridges program:

(1) The schedule for Colchester IM 089-3(33), page 2, is amended as follows: by deleting construction and total funds of $189,000 and inserting in both instances $400,111, by deleting state funds of $18,900 and inserting $40,011, and by deleting federal funds of $170,100 and inserting $360,100.

* * * Project Development – Pedestrian and Bike Facilities * * *

Sec. 9. PEDESTRIAN AND BIKE FACILITIES

The following modifications are made to the pedestrian and bike facilities program: the schedule for pedestrian and bike facilities project statewide, page 1, is amended as follows: by deleting construction funds of $4,028,660 and inserting $5,908,660, by deleting total funds of $5,070,689 and inserting $6,950,689, by deleting state and local funds of $507,069 and inserting, in both instances, $875,069, and by deleting federal funds of $4,056,551 and inserting $5,400,551. The changes are to add construction funding for the Burlington‑Colchester project, STP BIKE (45), to increase construction funding for project Winooski STP 5100(9); and to add a new project as follows: Bennington North Side Drive-Benmont Avenue-East Road intersection project STP( ) with fiscal year 2003 funding in the amount of $200,000 under other, total and state funds. Funding for the Burlington-Colchester project STP BIKE (45); the Winooski STP 5100(9) project and the Bennington North Side Drive-Benmont Avenue-East Road intersection project STP ( ) are contingent upon the availability of funds under Sec. 308 of H.766 (2002) of the fiscal year 2003 appropriations bill.

* * * Special Projects – Roadway * * *

Sec. 10. PROJECT DEVELOPMENT; SPECIAL PROJECTS – ROADWAY

The following modifications are made to the special projects – roadway program:

(1) The schedule for Bennington-Hoosick, NY, #DPI 0146(1), page 2, is amended as follows: by deleting construction funds of $9,907,190 and inserting $7,907,190, by deleting total funds of $9,998,605 and inserting $7,998,605, by deleting state funds of $569,302 and inserting $169,302, and by deleting federal funds of $9,429,303 and inserting $7,829,303.

* * * Rest Areas * * *

Sec. 11. REST AREAS

The following modifications are made to the rest area program: the schedule for statewide rest areas, page 1, is amended as follows: by deleting other and total funds of $8,612,699 and inserting, in both instances, $8,111,699, by deleting state funds of $534,299 and inserting $484,199, and by deleting federal funds of $8,078,400 and inserting $7,627,500. This change is to decrease funding for the Bennington facility.

* * * Maintenance * * *

Sec. 12. Maintenance

The following modifications are made to the maintenance program: the schedule for the maintenance program, page 1, is amended as follows: by deleting other, total and state funds of $48,808,490 and inserting in all instances $48,234,040. This change is to decrease funding by $950,000 due to estimated available funds from the fiscal year 2002 appropriation, to add $225,550 for improvements in District 4 to US 4, and to add $150,000 for the FM broadcast pilot project provided for in Sec. 34 of this act. Additional funds are authorized for the program contingent upon the availability of funds under Sec. 308 of H.766 (2002) of the fiscal year 2003 appropriations bill.

* * * Public Transportation * * *

Sec. 13. PUBLIC TRANSPORTATION

(a) The following modifications are made to the public transportation program: the schedule for public transit project statewide welfare to work, page 5, is amended as follows: by deleting other and total funds of $252,200 and inserting $1,918,787, and by deleting state and federal funds of $126,100 and inserting state funds of $959,394 and federal funds of $959,394. This increase in funding shall be allocated as follows:

OPERATOR ROUTE AMOUNT

ACTR TriTown Shuttle $62,576

ACTR Middlebury Shuttle $57,723

CCTA Williston Road $412,000

DVTA Wardsboro and Readsboro $151,530

GMC/ARC Bennington to Manchester $120,426

MVRTD Rutland-Manchester $156,557

MVRTD Fair Haven-Rutland $95,160

NETWORK Alburg to Georgia $122,406

RCT St. Johnsbury-Littleton $48,090

TVB Rockingham-Lebanon NH/DHMC $133,071

TVB Bellows Falls-Brattleboro $107,048

WHEELS Barre-Berlin-Montpelier $200,000

(b) The agency of transportation shall, at the earliest opportunity, make application for funding for each of the routes specified in subsection (a) of this section to draw down federal earmark funds awarded in federal fiscal year 2001 for this purpose. An application shall also be filed with the Federal

Transit Administration for Job Access Reverse Commute funding for federal fiscal year 2003. This application shall, at a minimum, provide funds for the routes specified in subsection (a) of this section. The public transit advisory council (PTAC) shall be apprised of the progress of both applications. The interagency working group established in Sec. 118a of No. 62 of the Acts of 1999 shall include public transit providers in the ongoing implementation of the job access and reverse commute transportation plan, and shall regularly report to PTAC.

Sec. 14. 24 V.S.A. § 5082 is amended to read:

§ 5082. FINDINGS AND DECLARATIONS

(a) Public transportation is an important matter of state concern, essential to the economic growth of the state and to the public health, safety and welfare of present and future generations of Vermonters.

(b) In each fiscal year, a portion of the transportation fund shall be dedicated to the continued support of public transit.

Sec. 15. USE OF TANF FUNDS TO SUPPORT TRANSPORTATION

A committee, consisting of two representatives of the agency of human services, two representatives from the public transit advisory council and a representative of the agency of transportation, shall conduct a study of the systems, policies and practices employed by other states and local jurisdictions with respect to the use of Temporary Assistance to Needy Families (TANF) and other related federal aid funds used to meet the transportation needs of the beneficiaries intended to be served by such federal aid funds. The committee shall submit its findings and recommendations to the general assembly on January 15, 2003.

* * * Railroads * * *

Sec. 16. LAMOILLE VALLEY RAILROAD

(a) The agency of transportation shall cooperate with the Lamoille Valley Railroad Company to obtain regulatory approval from the federal Surface Transportation Board for discontinuance of service over the segment of railroad between St. Johnsbury and Swanton.

(b) The agency of transportation shall retain for railbanking under 5 V.S.A. § 3408, all portions of the Lamoille Valley Railroad corridor that the federal Surface Transportation Board authorizes for discontinuance of service. Except as provided in subsection (g) of this section, the existing rail infrastructure shall be preserved in place for possible future rail use. Repairs and maintenance to stabilize and prevent further deterioration of the corridor is authorized.

(c) The agency is directed, subject to approval of discontinuance of service as referenced in subsection (a) of this section, to enter into a long-term lease with the town of St. Johnsbury for use of the section of the corridor between milepost 0.0, through the tunnel underneath US Route 5, across the existing railroad bridge across the Sleepers River to milepost 1.6. As part of the lease, St. Johnsbury shall be responsible for all further restoration, maintenance, and insurance coverage of this designated section of the corridor.

(d) The agency is directed, subject to approval of discontinuance of service as referenced in subsection (a) of this section, to enter into a long-term lease with the Vermont association of snow travelers (VAST) for use of the section of the corridor between milepost 1.6 and Morrisville. As part of the lease, VAST shall be responsible for all required aspects regarding further restoration, maintenance, and insurance coverage of this designated section of the corridor.

(e) The agency is directed, subject to approval of discontinuance of service as referenced in subsection (a) of this section, to enter into a lease with the Vermont association of snow travelers (VAST) for use of the section of the corridor between Morrisville and milepost 94.81. The lease shall be revocable upon the removal of the specified section from railbank status, and shall provide that the existing rail infrastructure shall be preserved in place pursuant to subsection (b) of this section. As part of the lease, VAST shall be responsible for all required aspects regarding further restoration, maintenance, and insurance coverage of this designated section of the corridor.

(f) The agency is directed, subject to approval of discontinuance of service as referenced in subsection (a) of this section, to enter into a long-term lease with the town of Swanton for use of the section of the corridor between milepost 94.81 west to the corridor’s terminus. As part of the lease, Swanton shall be responsible for all required aspects regarding further restoration, maintenance, and insurance coverage of this designated section of the corridor.

(g) The agency is authorized to salvage materials from those sections of the rail corridor which are leased to St. Johnsbury, VAST and Swanton pursuant to subsections (c), (d) and (f) of this section. All salvaged materials suitable for rail use shall be preserved for other rail projects in the state.

(h) All references to mileposts in subsections (c), (d), (e) and (f) of this section are approximate. Final specifications shall accommodate the use for which the leasehold is intended.

Sec. 17. BURLINGTON TO ESSEX JUNCTION TRANSPORTATION

CORRIDOR SYSTEM

(a) The Essex-Burlington Commuter Rail project in the rail program on page 7 is changed to the Burlington-Essex Corridor New Starts Development Project. This project is further modified by striking out the comments and project description on page 7 and inserting a new description to read as follows: The project is for multi-modal corridor development, including fixed guide way public transit service to operate on the Burlington-Essex Junction Railroad right-of-way and related improvements under the federal New Starts Program in 49 U.S.C. § 5309.

(b) Federal New Starts grant funds applied for in state fiscal year 2002 and 2003 for the Burlington-Essex Corridor shall be used exclusively for the following activities in pursuit of a multi-modal corridor strategy:

(1) Acquisition or lease of the railroad right-of-way.

(2) Planning related to buses, pedestrian, bicycle and other cost-effective transportation modes.

(3) Improvements to rail grade crossings consistent with overall corridor transportation development needs.

(4) Basic engineering scoping work required for fixed guide way public transit service.

(5) Further analysis and “alternatives development” related to improving transportation within the designated corridor in a cost-effective manner, including bus-ways and commuter trains and cost-sharing options.

(c) Beyond the New Starts grant approved in this section, no commitments of state funds, nor commitments for additional federal funding for rail or other activities related to this project shall be made without a recommendation from the new administration and a legislative determination of priorities and appropriation in the 2003 legislative session.

Sec. 18. AUDIT AND STUDY OF THE CHAMPLAIN FLYER

(a) The Joint Fiscal Office, with the cooperation and assistance as needed from the Vermont Transportation Authority, the Chittenden County Metropolitan Planning Organization and the agencies of administration and of transportation, shall develop and carry out an audit on the Champlain Flyer commuter rail service. The audit shall be based on performance through federal fiscal year 2002, and utilize numerical ratios derived from standard operating and financial data and performance measures that are industry standard, including performance measures contained in the September 1999 CCMPO Burlington Corridor Analysis.

(b) In addition, the Joint Fiscal Office shall consider and review the following: FTA-approved capital and operating budgets versus actual capital and operating budgets from the start of the project; actual versus projected ridership levels; actual versus projected revenue; capacity utilization; rail service air pollutants versus displaced vehicles pollutants; rail service fuel usage versus displaced vehicles fuel usage; projected vehicle congestion relief versus actual vehicle congestion relief; and projected cumulative operating surpluses and deficits, taking into account equipment useful life.

(d) The agency of transportation shall transfer to the Joint Fiscal Office, as reimbursement upon certification of expenses incurred, up to $45,000.00 of transportation development funds to carry out specific elements of this audit.

(e) The study shall be submitted to the members of the Joint Fiscal Committee and the House and Senate committees on transportation by

January 15, 2003.

Sec. 19. VERMONT TRANSPORTATION AUTHORITY

The following modifications are made to the Vermont transportation authority program: by deleting other and total funds of $3,096,297 and inserting in each instance $2,646,297, and by deleting state funds of $971,259 and inserting $521,259. These changes are to delete operating funds for the Essex-St. Albans commuter rail demonstration project.

* * * Vermont Transportation Authority * * *

Sec. 20. VERMONT TRANSPORTATION STUDY; PASSENGER RAIL

SERVICE

The Vermont Transportation Authority shall investigate and review options for providing passenger rail service in Vermont, and report its findings and conclusions to the House and Senate committees on transportation by

January 15, 2003.

* * * Miscellaneous Reports * * *

Sec. 21. 19 V.S.A. § 10h(a) is amended to read:

(a) The agency shall report to the transportation board each project for which the current construction cost estimate exceeds the last approved construction cost estimate by a substantial level, as substantial level is defined by the transportation board. The transportation board shall review such a project, and may grant approval to proceed. If not approved by the transportation board, the project shall not proceed to contract award until approved by the general assembly. ~~Annually~~ On or before December 31 of each year, the agency shall inform the ~~general assembly, in a separate document to accompany its capital program and budget request,~~ house and senate committees on transportation of any project for which the current construction cost estimate exceeds the last approved construction cost estimate by a substantial level, as defined by the transportation board, regardless of whether such a project has been submitted to the transportation board for its approval to proceed, or regardless of the status of such a project before the transportation board.

Sec. 22. 19 V.S.A. § 12a(c) is amended to read:

(c) ~~The~~ On or before December 31 of each year, the agency shall also present to the ~~general assembly together with its budget request~~ house and senate committees on transportation information on the corridor planning process and a summary of resources allocated to programs in the process according to the four programs established under subsection 10i(c) of this title.

* * * Highway Safety; Open Containers in Motor Vehicles * * *

Sec. 23. 23 V.S.A. § 1134 is amended to read:

§ 1134. ~~DRINKING WHILE DRIVING~~ MOTOR VEHICLE OPERATOR;

CONSUMPTION OR POSSESSION OF ALCOHOL

(a) A person shall not consume alcoholic beverages while operating a motor vehicle on a public highway. As used in this section, “alcoholic beverages” shall have the same meaning as “intoxicating liquor” as defined in section 1200 of this title.

(b) A person operating a motor vehicle on a public highway shall not possess any open container which contains alcoholic beverages in the passenger area of the motor vehicle.

(c) For the purposes of this section, “passenger area” shall mean the area designed to seat the operator and passengers while the motor vehicle is in operation and any area that is readily accessible to the operator or passengers while in their seating positions, including the glove compartment, unless the glove compartment is locked. In a motor vehicle that is not equipped with a trunk, the term shall exclude the area behind the last upright seat or any area not normally occupied by the operator or passengers.

(d) A person who violates subsection (a) of this section shall be fined not more than $500.00. A person who violates subsection (b) of this section shall be fined not more than $25.00. A person convicted and fined for an offense under subsection (a) of this section shall not be subject to prosecution for the same actions under subsection (b) of this section.

Sec. 24. 23 V.S.A. § 1134a is added to read:

§ 1134a. MOTOR VEHICLE PASSENGER; CONSUMPTION OR

POSSESSION OF ALCOHOL

(a) Except as provided in subsection (c) of this section, a passenger in a motor vehicle shall not consume alcoholic beverages or possess any open container which contains alcoholic beverages in the passenger area of any motor vehicle on a public highway. As used in this section, “alcoholic beverages” shall have the same meaning as “intoxicating liquor” as defined in section 1200 of this title.

(b) For the purposes of this section, “passenger area” shall mean the area designed to seat the operator and passengers while the motor vehicle is in operation and any area that is readily accessible to the operator or passengers while in their seating positions, including the glove compartment, unless the glove compartment is locked. In a motor vehicle that is not equipped with a trunk, the term shall exclude the area behind the last upright seat or any area not normally occupied by the operator or passengers.

(c) A person, other than the operator, may possess an open container which contains alcoholic beverages in the passenger area of a motor vehicle designed, maintained, or used primarily for the transportation of persons for compensation or in the living quarters of a motor home or trailer coach.

(d) A person who violates this section shall be fined not more than $25.00.

* * * Highway Safety; Federal Funds Transfer * * *

Sec. 25. FEDERAL FUNDS TRANSFER

Any federal funds transferred to the 23 U.S.C. § 402 (highway safety) program, pursuant to 23 C.F.R. § 1270.6 (failure of state to enact and enforce open container laws) or 1275.6 (failure of state to enact and enforce repeat intoxicated driver laws), shall be used exclusively by the agency of transportation 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 these funds.

* * * Reduction in Federal Funds * * *

Sec. 26. REDUCTION IN FEDERAL FUNDS

To the extent that projects included in the fiscal year 2003 program are adjusted due to a decrease in federal funds, any state funds associated with these projects shall, notwithstanding the provisions of 32 V.S.A. § 706(a)(1), be transferred, by the secretary of transportation, with the approval of the secretary of administration, in an amount not to exceed $600,000.00, for the rail division statewide bridge repair program. Any state funds remaining shall go to the statewide paving program.

* * * Surplus of Federal Funds * * *

Sec. 27. SURPLUS OF FEDERAL FUNDS

Any surplus of federal funds resulting from the provisions of this act shall be allocated to the project development paving program.

* * * Transfers of Surplus Property * * *

Sec. 28. 29 V.S.A. § 1556 is amended to read:

§ 1556. STATE SURPLUS PROPERTY

All material, equipment and supplies found to be surplus by any state agency or department shall be transferred to the commissioner of buildings and general services. The commissioner of buildings and general services shall be responsible for the disposal of surplus state property. The commissioner of buildings and general services may:

(1) transfer the property to any other state agency or department having a justifiable need for the property;

(2) store or warehouse the property for future needs of the state;

(3) transfer the property to municipalities for town highways and bridges;

(4) after giving priority to the provisions of subdivisions (1), (2) and (3) of this section, transfer used bridge beams and other surplus material, equipment and supplies to VAST, the local affiliates of VAST, or to municipalities cooperating with VAST or municipalities developing and maintaining their own trail system;

~~(3)~~(5) recondition and repair any property for use or sale when economically feasible;

~~(4)~~(6) sell surplus property by any suitable means including but not limited to, bids or auctions. ;

~~(5)~~(7) donate, at no charge, surplus motor vehicles and related equipment, to any nonprofit entity engaged in rehabilitating and redistributing motor vehicles to low income Vermont residents, provided that the commissioner has first attempted to sell or satisfy the needs of the state for the vehicles or equipment concerned.

* * * Sale of VTrans District 8 Highway Garage in Swanton * * *

Sec. 29. SALE OF AGENCY OF TRANSPORTATION DISTRICT 8

HIGHWAY GARAGE IN SWANTON

The commissioner of buildings and general services is authorized, with the approval of the secretary of transportation, to sell to the town of Swanton for $1.00 the state’s interest in the agency of transportation district 8 highway garage in Swanton. This transfer shall not take place until the agency’s replacement garage is operable.

* * * Aid to Town Highways – Bike Paths * * *

Sec. 30. 19 V.S.A. § 306(a)(5) is amended to read:

(a) General state aid to town highways. An annual appropriation to class 1, 2 and 3 town highways shall be made. This appropriation shall increase or decrease over the previous year’s appropriation by the same percentage as any increase or decrease in the transportation agency’s total appropriations funded by transportation fund revenues, excluding the town highway appropriations for that year. The funds appropriated shall be distributed to towns as follows:

* * *

(5) each town shall use the monies apportioned to it solely for town highway construction, improvement, and maintenance purposes or as the nonfederal share for public transit assistance. These funds may also be used for the establishment and maintenance of bicycle routes. The members of the selectboard shall be personally liable to the state, in a civil action brought by the attorney general, for making any unauthorized expenditures from money apportioned to the town under this section.

* * * Highgate-Franklin Project * * *

Sec. 31. HIGHGATE-FRANKLIN PROJECT; STATEWIDE

TRANSPORTATION IMPROVEMENT PROGRAM

The agency of transportation is directed to include the Highgate-Franklin project (STP RS 0301(1)SA) for funding in the 2003-2005 Statewide Transportation Improvement Program (STIP). This project shall be advanced to construction during fiscal year 2004.

* * * Flares Required in Trucks * * *

Sec. 32. 23 V.S.A. § 1303 is amended to read:

§ 1303. FLARES REQUIRED

A person shall not operate a motor truck, except those registered at pleasure car rates and those registered with a gross vehicle weight rating of less than 10,001 pounds, with or without a trailer or semi-trailer attached, or a motor bus, upon a highway outside of the lighted area of a town or city, unless there shall be carried in such vehicle, ready at all hours for instant use, ~~three oil burning flares or~~ three electric flares or three reflector type flares of a type approved by the commissioner of motor vehicles. However, if ~~such~~ the vehicle is used in the transportation of hazardous material as defined in ~~3 V.S.A. § 3116a, there shall be carried therein~~ 5 V.S.A. § 2001(a)(1), three electric flares or three reflector type flares of a type specified ~~above~~ in this section shall be carried.

* * * Asset Management – Realign Performance Measures * * *

Sec. 33. ASSET MANAGEMENT AT AGENCY OF TRANSPORTATION;

PERFORMANCE MEASUREMENT

(a) Pursuant to the report from the agency of transportation prepared by Cambridge Systematics and filed with the general assembly on January 15, 2002, which was submitted pursuant to Secs. 24 and 25 of No. 488 of the Acts of 2001, the agency shall implement the following:

(1) Establish an asset management working group whose responsibilities shall include the overall direction of this effort within the agency.

(2) Incorporate asset management principles into the ongoing effort with respect to performance measurement. This effort shall address the following issues:

(A) improvement of consistency between policy objectives and performance criteria;

(B) determination of performance measures for assets that can be tracked, predicted, and reported by management systems;

(D) development of a framework for asset management performance measures; and

(E) selection of a balanced set of measures.

(b) The tasks set forth in subsection (a) of this section shall be completed by January 15, 2003, and the agency of transportation shall submit a report at that time to the House and Senate committees on transportation, which details these accomplishment.

* * * FM Broadcasts and Supplemental Service Signs * * *

Sec. 34. FM BROADCASTS ON INTERSTATE HIGHWAYS AND

SUPPLEMENTAL SERVICE SIGNS

(a) The agency of transportation, in cooperation with the travel information council and the Vermont attractions association, is directed to implement, during fiscal year 2003, a pilot project, located on at least two sites on the Dwight D. Eisenhower national system of interstate and defense highways, which provides for the placement of transmitters using FM broadcasts of highway safety messages and information that is permitted on official business directional signs, supplemental guide signs, and specific service signs. The goal shall be to provide the best information possible to the travelling public. The agency of transportation, in cooperation with the travel information council, shall develop guidelines for the use of the FM broadcasts by

January 1, 2003.

(b) The agency of transportation is directed to indicate distance and directional information to the services being referenced on supplemental service signs located on exit ramps on limited access highways.

* * * Study of Public Transportation Financing * * *

Sec. 35. STUDY OF PUBLIC TRANSPORTATION FINANCING IN

CHITTENDEN COUNTY

(a) Legislative findings. The general assembly finds that:

(1) Public transit operations in Chittenden County are an integral component of a balanced intermodal transportation system.

(2) Public funding of these services within the Chittenden County Transportation Authority currently exceeds $5 million annually, utilizing a blend of federal, state and local funds.

(3) Local support for transit operations are currently funded through the local property tax which is currently utilized to its maximum, and is not a viable long-term source of revenue.

(4) Over the next 25 years, estimates are that the Chittenden County region will experience a population increase of 44 percent, an increase in jobs of 56 percent, and an expected increase in traffic congestion of 275 percent.

(b) Report and recommendations. The general assembly hereby creates a temporary task force to produce a report that contains recommendations on the following:

(1) Alternative, sustainable, regional revenue sources to replace the local property tax to support operating expenses for public transportation.

(2) Improving the institutional relationships between public transportation providers in the region, which may include a proposal to integrate organizations or services, or both.

(3) An intermodal public transportation system in the region that optimally serves the needs of the public at large, including human service agencies, economic development, commuters, tourists and other visitors to the state.

(c) Composition and duration of task force. The temporary task force shall be composed of one representative from each of the following: the CCMPO, the Chittenden County Transportation Authority, the Vermont Transportation Authority, the Special Services Transportation Agency, and the Agency of Transportation. The committee shall be staffed by the agency of transportation. The temporary task force shall be dissolved March 15, 2003.

(d) Deadline for report. The recommendations shall be reported to the House and Senate Committees on Transportation and on Appropriations and the House Committee on Ways and Means and Senate Committee on Finance by January 15, 2003.

* * * Adopt-A-Highway Program * * *

Sec. 36. ADOPT-A-HIGHWAY PROGRAM

The tourism industry is a major contributor to the economic well-being of the state. An important element of the attraction of visitors to the state is the beauty of the landscape, including the appearance of our highways. Other states have found that “adopt-a-highway” litter control programs for the beautification of highways have been successful in showcasing the natural beauty of a state. To promote civic pride, the agency of transportation and municipalities are authorized and encouraged to establish adopt-a-highway programs, which may be implemented on all state and municipal highways, except for limited access highways. These programs shall not include the installation of signs; however, other forms of recognizing citizen or organizational participation are encouraged. The agency of transportation shall report, by January 15, 2003, to the members of the House and Senate committees on transportation on its efforts to establish adopt‑a‑highway programs.

* * * Roundabout Projects * * *

Sec. 37. LEGISLATIVE SUPPORT FOR ROUNDABOUTS

The general assembly finds that the installation of roundabouts at dangerous intersections in the state has been cost-efficient, and has enhanced the safe operation of vehicles at these locations. The agency of transportation is directed to carefully examine and pursue the opportunities for construction of roundabouts at intersections determined to pose safety hazards for motorists.

* * * Overweight Truck Permits * * *

Sec. 38. REPEAL

23 V.S.A. § 1392(19)(C) (permits carried in vehicle) is repealed.

Sec. 39. 23 V.S.A. § 1392(21) is added to read:

(21) All permits issued pursuant to section 1392 of this title shall be carried in the vehicle. The fine for violation of this subdivision shall be $150.00. A violation of this subdivision shall be considered an offense separate from an overweight violation.

* * * Wireless Communications Study Committee * * *

Sec. 40. WIRELESS COMMUNICATIONS SERVICES; STUDY

COMMITTEE

(a) The Agency of Transportation, in conjunction with the Tower Siting Advisory Committee (TSAC), the Vermont League of Cities and Towns and the Vermont Association of Planning and Development Agencies, shall study and present a plan to the House Committees on Transportation, on Natural Resources and Energy, and on Commerce and the Senate Committees on Transportation, on Natural Resources and Energy, and on Finance by January 15, 2003, for the potential use of public highway rights-of-way and structures for wireless communications services. The plan shall be consistent with federal highway rules and safety regulations, and with the guidelines of the document “Siting, Use and Management of Electronic Communications Facilities on Properties Owned by the State of Vermont” which was initially adopted by the TSAC on June 22, 1998. It shall reference information from other states and their management experience with development of wireless infrastructure. The plan shall include specific recommendations, steps for implementation and a timeline, in addition to financing strategies.

(b) The following priorities shall be considered:

(1) The viability of the development of a seamless wireless communications network along Vermont’s major public highways, including:

(A) whether additional space would be required to accommodate buildings or other equipment as needed;

(B) whether alternative solutions would contribute to the development of a complete or partial wireless network.

(2) Consideration of public benefit in lieu of fees for some areas of development (such as the provisions of wireless infrastructure in rural areas in exchange for use of rights-of-way).

(3) Avoidance of undue adverse impact on visual aesthetics, particularly for mountaintops, historic sites, and rights-of-way of designated scenic highways.

(4) Require colocation of service providers.

(5) Where possible, show preference for siting on existing sites or structures, or both.

(6) Undue impact on rare or fragile wildlife and vegetation.

(7) Whether sufficient resources should be placed in bond or escrow for the removal of towers, buildings, and other equipment at the end of the lease or in case of abandonment.

* * * Revenue Generated From Rest Areas * * *

Sec. 41. REVENUE GENERATED FROM REST AREAS

The secretary of transportation is directed to apply to the Federal Highway Administration for a waiver which would permit the sale of merchandise and other revenue-raising activities at rest areas.

* * * Transportation Funds for Support of Government * * *

Sec. 42. 19 V.S.A. § 11a is added to read:

§ 11a. TRANSPORTATION FUNDS APPROPRIATED FOR SUPPORT

OF GOVERNMENT

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 20.5 percent of the total of the prior fiscal year transportation fund appropriations.

* * * Evaluation of Town Highways to be Included in State System * * *

Sec. 43. INCLUSION IN STATE HIGHWAY SYSTEM

The following town highways shall be evaluated by the agency of transportation as candidates for inclusion in the state highway system. The agency of transportation shall report its findings and recommendation to the members of the House and Senate committees on transportation on or before January 15, 2003, pursuant to 19 V.S.A. § 15:

(1) Randolph/Chelsea. Beginning in Randolph at Route 12 and its intersection with Vermont Route 66 in Randolph; then easterly along Vermont Route 66 through Randolph Center to Vermont 14 in East Randolph Village to the Chelsea Road in Randolph; then east over the hill to Vermont Route 110 in Chelsea.

(2) Wolcott/Craftsbury. This highway is known as town highway #1, a class 2 highway beginning on state Route 15 in the town of Wolcott, extending 5.23 miles through North Wolcott to the Craftsbury town line where it is known as town highway #3, a class 2 highway extending from the

Wolcott-Craftsbury town line north-northeasterly for a distance of 3.32 miles to state Route 14 in the town of Craftsbury. The total length of the highway is 8.55 miles.

(3) Montpelier/Berlin. Town highway #8 (Dog River Road), 0.69 miles from the Montpelier City‑Berlin town line, extending southeasterly to the intersection with Vermont Route 12 in the town of Berlin.

(4) St. Johnsbury/Lyndon. The Severance Hill Road and Red Village Road from St. Johnsbury to Lyndon described as follows: in the town of St. Johnsbury, town highway #8, beginning at the intersection with U.S. 2 in East St. Johnsbury and ending at the St. Johnsbury/Lyndon town line for a distance of 3.53 miles. In the town of Lyndon, town highways #6 and #2, beginning at the St. Johnsbury/Lyndon town line and ending at the intersection with U.S. 5 in Lyndon for a total distance of 2.61 miles.

* * * Federal Earmarks * * *

Sec. 44. 19 V.S.A. § 7(k) is added to read:

(k) Upon being apprised of the enactment of a federal law which makes provision for a federal earmark for a transportation project within the state of Vermont, the agency of transportation shall promptly notify the members of the House and Senate Committees on Transportation and the Joint Fiscal Office. Such notification shall include all available summary information regarding the terms and conditions of the federal earmark. For purposes of this section, “federal earmark” means a congressional designation of federal aid funds for a specific transportation project or program.

* * * Vietnam Veterans’ Memorial Sign * * *

Sec. 45. VIETNAM VETERANS’ MEMORIAL SIGN

Upon completion of construction of the Vietnam Veterans’ Memorial at the Sharon rest area, the agency of transportation shall erect a sign on the northbound portion of I-89 at a sufficient distance to provide adequate directional guidance to travelers to the memorial.

* * * Approval of Amtrak Contract * * *

Sec. 46. APPROVAL OF AMTRAK CONTRACT

Any agreement between the state of Vermont and Amtrak, or its successor, for passenger rail service during all or any portion of fiscal year 2003 shall be made contingent upon the approval of the general assembly, and, if the general assembly is not in session, upon the approval of a special committee consisting of the joint fiscal committee and the chairs of the House and Senate committees on transportation. If the contract is approved by the special committee and pursuant to the recommendations of the special committee, the emergency board is authorized to make such transfers as may be required to cover any difference between the approved contract amount and the amount authorized and appropriated for such passenger rail service. Any transfer made shall be consistent with legislative priorities reflected in the transportation capital and appropriations acts.

* * * Sudbury Road Damage * * *

Sec. 47. SUDBURY ROAD DAMAGE

The amount of $30,000.00 shall be transferred from the town highway emergency fund to the Town of Sudbury for emergency repair of sustained agricultural road damage.

* * * Effective Date * * *

Sec. 48. EFFECTIVE DATE

This act shall take effect from passage.