Published by:
The Vermont General Assembly
115 State Street
Montpelier, Vermont
NO. 80. AN ACT RELATING TO THE STATE’S TRANSPORTATION PROGRAM.
(H.523)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. TRANSPORTATION PROGRAM
(a) The state’s proposed fiscal year 2006 transportation program appended to the agency of transportation’s proposed fiscal year 2006 budget, as amended by this act, is adopted to the extent federal, state, and local funds are available.
(b) As used in this act, unless otherwise indicated, the term “agency” means the agency of transportation, and the term “secretary” means the secretary of transportation. As used in this act, the table heading “As Proposed” means the transportation program referenced in subsection (a) of this section; the table heading “As Amended” means the amendments as made by this act; the table heading “Change” means the difference obtained by subtracting the “As Proposed” figure from the “As Amended” figure; and the term “change” or “changes” in the text refers to the project- and program‑specific amendments, the aggregate sum of which equals the net “Change” in the applicable table heading.
* * * Finance and Administration * * *
Sec. 2. FINANCE AND ADMINISTRATION
Total authorized spending in the finance and administration program is modified as follows:
FY06 As Proposed As Amended Change
Total 10,263,348 10,219,348 -44,000
Source of Funds
State 9,715,292 9,671,292 -44,000
Federal 548,056 548,056 0
* * * Policy and Planning * * *
Sec. 3. POLICY AND PLANNING
(a) Total authorized spending in the policy and planning program is modified as follows:
FY06 As Proposed As Amended Change
Personal Services 2,641,670 2,641,670 0
Operating 492,908 492,908 0
Grants 4,090,769 4,140,769 50,000
Total 7,225,347 7,275,347 50,000
Source of Funds
State 1,796,692 1,806,692 10,000
Federal 5,428,655 5,468,655 40,000
Total 7,225,347 7,275,347 50,000
(b) These changes are made:
(1) to fund the youth corps program with $200,000 of federal enhancement funds in lieu of $200,000 of other federal funds; and
(2) to add $50,000 to fund the grant to the Northwest Regional Planning Commission provided for in Sec. 4 of this act.
Sec. 4. ST. ALBANS FEDERAL STREET EXTENSION
Notwithstanding 19 V.S.A. § 10j(e), the sum of $50,000 is authorized for the Northwest Regional Planning Commission to augment the Federal Street Extension scoping study done by the commission in 1995 to include additional intermodal connections for freight and passenger transportation and for engineering in preparation for construction of the extension from the St. Albans state highway to Federal Street.
* * * Public Transit * * *
Sec. 5. 24 V.S.A. § 5092 is amended to read:
§ 5092. REPORTS
The agency of transportation, in cooperation with the public transit advisory council, shall develop an annual report of financial and performance data of all public transit systems that receive operating subsidies in any form from the state or federal government, including but not limited to subsidies related to the elders and persons with disabilities transportation program for service and capital equipment. Financial and performance data on the elders and persons with disabilities transportation program shall be a separate category in the report. The report shall be modeled on the Federal Transit Administration’s national transit database program with such modifications as appropriate for the various services, including the guidance found in the most current short‑range public transportation plans and the most current state policy plan. The report shall describe any action taken by the agency pursuant to contractual authority to terminate funding for routes or to request service changes for failure to meet performance standards. The report shall be available to the general assembly by January 15 of each year.
Sec. 6. PUBLIC TRANSIT PROGRAM
(a) Total authorized spending for the public transit program is amended to read:
FY06 As Proposed As Amended Change
Other 14,763,893 14,888,893 125,000
Total 14,763,893 14,888,893 125,000
Source of Funds
State 5,671,599 5,796,599 125,000
Federal 9,092,294 9,092,294 0
(b) These changes are made:
(1) to provide $50,000 in transportation funds as one-half of the
nonfederal match for up to $400,000 in federal funds for the public transit new starts program in the event such federal funds are allocated to the new starts program under Sec. 65 of this act; and
(2) to provide $75,000 in transportation funds to be disbursed in the discretion of the secretary to public transit providers in financial distress.
Sec. 7. RURAL PUBLIC TRANSIT PREVENTIVE MAINTENANCE
(a) A new project, the rural public transit preventive maintenance project, is added to the public transit program. The project shall be administered by the agency in accordance with federal transit administration regulations.
(b) The public transit program is modified as follows. Federal funds in the amount of $500,000 proposed for use in the new starts program are reallocated to the rural public transit preventive maintenance project. Project spending authority shall be allocated to each transit provider in the state, other than the Chittenden County Transportation Authority (CCTA), according to the percentage of operating assistance funds that each provider was reimbursed from the statewide total of operating assistance funds in fiscal year 2005, excluding assistance received by CCTA, from the state operating assistance program and the following federal grant programs: 5307, 5311, 5311 elderly and disabled, job access reverse commute, and congestion mitigation air quality operating assistance, as detailed in the provider’s most recent audit.
(c) In the event federal funds are allocated to a transit provider pursuant to this section and the provider does not have the local matching funds which are required to draw down the full amount of allocated federal funds, or the provider does not have federally eligible preventive maintenance expenses to utilize fully the allocated federal funds, the unutilized federal funds shall be reallocated to the other transit providers receiving funds under the project in accordance with the formula set forth in subsection (b) of this section adjusted to exclude the transit provider unable to utilize the federal funds.
(d) Any funds provided by this section to a transit provider in fiscal year 2006 shall not be used to reduce the amount of locally generated funds committed by the provider for use in fiscal year 2006 as a condition to receiving state assistance.
Sec. 8. CHITTENDEN COUNTY TRANSPORTATION AUTHORITY
PREVENTIVE MAINTENANCE
A new project, the Chittenden County Transportation Authority (CCTA) preventive maintenance project, is added to the public transit program. In the event the Chittenden County Metropolitan Planning Organization (CCMPO), with respect to any CCMPO area project in which the spending of federal funds is authorized in the fiscal year 2006 transportation program, approves of a reduction in the authorized spending of federal funds and reallocates the unspent federal funds to the CCTA preventive maintenance project within the CCMPO transportation improvement plan (TIP), the reallocated federal funds in the TIP up to a total of $500,000 shall be allocated to the CCTA preventive maintenance project. Upon the CCMPO’s amendment of the TIP as described in this section, the agency shall make such funds available to the CCTA.
* * * Maintenance * * *
(a) The agency shall identify the segments of the state highway system on which there is a significant volume of bicycle traffic and direct the maintenance districts, within the constraints of authorized spending and in coordination with state highway maintenance work, to sweep and repair the shoulders of such segments to improve the shoulder paths available to bicyclists. Whenever possible, the maintenance districts shall coordinate with the bike and ped coalition to identify bicycle rides and events which could benefit from pre-ride maintenance of state highways.
(b) The sum of $25,000 in transportation funds is authorized for the shoulder maintenance work described in subsection (a) of this section. The agency shall allocate the spending authority among the maintenance districts, taking into consideration the volume of bicycle traffic on different state highway segments and the condition of the shoulder paths along such segments which are available to bicyclists.
(c) Total spending authority for the maintenance program, including the changes made in subsections (a) and (b) of this section, is amended to read:
FY06 As Proposed As Amended Change
Personal 29,352,669 29,352,669 0
Operating 24,446,617 24,471,617 25,000
Grants 987,800 987,800 0
Total 54,787,086 54,812,086 25,000
Source of Funds
State 54,079,586 54,104,586 25,000
Federal 707,500 707,500 0
Total 54,787,086 54,812,086 25,000
Sec. 10. MAINTENANCE DISTRICTS
The agency’s maintenance districts shall provide the same level of service or better to the public and district municipalities as in prior fiscal years. By January 15, 2006, the secretary shall report by letter to the house and senate committees on transportation on the configuration of management and administrative personnel in the agency’s nine maintenance districts and on the level of service provided by the maintenance districts to the public and district municipalities.
* * * Aviation Program * * *
Sec. 11. AVIATION PROGRAM
(a) The following modifications are made to the program development –aviation projects program:
FY06 As Proposed As Amended Change
PE 300,000 0 -300,000
Construction 350,000 0 -350,000
Other 250,000 0 -250,000
Total 900,000 0 -900,000
Source of Funds
State 230,000 0 -230,000
Federal 670,000 0 -670,000
Total 900,000 0 -900,000
(b) The aviations operations program is changed to the aviation program, and total authorized spending is modified as follows:
FY06 As Proposed As Amended Change
PE 300,000 600,000 300,000
Construction 907,500 1,257,500 350,000
Other 7,164,916 7,414,916 250,000
Total 8,372,416 9,272,416 900,000
Source of Funds
State 1,992,416 2,222,416 230,000
Federal 6,380,000 7,050,000 670,000
Total 8,372,416 9,272,416 900,000
(c) These changes are made to eliminate aviation projects as a line item within program development and to consolidate all aviation projects within the aviation program.
* * * Rest Areas * * *
Sec. 12. REST AREAS CONSTRUCTION PROGRAM
(a) The Hartford I-91 rest area sewer line project is authorized to proceed provided the state’s share of the project cost is limited to 10 percent of the costs determined by federal authorities to be eligible for federal cost share participation. Subject to the 10 percent limitation, if the total cost of the project exceeds the amount determined to be eligible for federal cost share participation, the project may proceed if the department of buildings and general services determines that funding to cover the project costs not eligible for federal participation is or will be available from sources other than the transportation fund.
(b) From the point where the current Hartford town sewer line terminates north of the I-91 rest area in Hartford on U.S. Route 5, south to the rest area, sewer connections shall not be authorized, except for buildings existing at the time of passage of this act, until the town of Hartford amends its zoning bylaws to conform with the zoning amendment recommendations found in the Route 5 south study dated May 2001.
(c) The agency and the department of buildings and general services are directed to confer with the town of Hartford on all phases of the upgrades to the rest areas on the north- and southbound portions of I-91 in Hartford.
Sec. 13. WELCOME CENTER AND REST AREA MONUMENTS
The sum of $25,000 in transportation funds is authorized for expenditure by the agency to fund the construction of monuments honoring the builders of Vermont’s interstate system to be located at welcome centers and rest areas at entry points to the state.
Sec. 14. REST AREAS AND INFORMATION CENTERS
The department of buildings and general services is directed to design a basic rest area and design a basic information center which shall serve as the models for future construction of these facilities. These designs shall provide the public with necessary facilities, and shall minimize the cost of providing these services. The designs and cost information shall be presented to the house and senate committees on transportation by January 15, 2006.
* * * Transportation Buildings * * *
Sec. 15. TRANSPORTATION BUILDINGS
(a) Total authorized spending in the transportation buildings program is modified as follows:
FY06 As Proposed As Amended Change
PE 200,000 150,000 -50,000
Construction 1,047,548 1,147,548 100,000
Total 1,247,548 1,297,548 50,000
Source of Funds
State 1,247,548 1,297,548 50,000
(b) These changes are made
(1) to reduce funding for development and evaluation by $50,000 in transportation funds and
(2) to increase funding for central garage repairs by $100,000.
* * * Dressler Barn * * *
Sec. 16. CONVEYANCE OF DRESSLER BARN SITE TO TOWN OF
WINDSOR
(a) Notwithstanding 22 V.S.A. § 743(1) (historic preservation; cooperation of agencies), the secretary of transportation, as agent for the state of Vermont, is authorized to convey the historic Dressler Barn site, adjacent to the agency of transportation’s Windsor maintenance facility, to the town of Windsor.
(b) Notwithstanding 19 V.S.A. § 10k(b) (statement of policy; asset management; sale of state property), the conveyance authorized by this section may be for nominal consideration. However, the town of Windsor shall be responsible, at its own expense, for obtaining any needed surveys and subdivision approvals.
* * * Spring Projects * * *
Sec. 17. Sec. 69b of H.143 of 2005 is amended by adding the following project to the list of projects:
Program Project name Route Project number
Paving Bolton-South I-89 south IM-089-2(36)
Burlington
* * * Program Development - State Bridge * * *
Sec. 18. PROGRAM DEVELOPMENT - STATE BRIDGE
The following modifications are made to the program development - state bridge program:
(1) The following project and its associated funding as approved or amended by this act is moved to the bridge maintenance program:
System Project Project Number Description
State Cambridge BHF 030-2(19)S Rehab BR20, Lamoille
River
(2) Total spending in the state bridge program, including the changes made in subdivision (1) of this section, is authorized as follows.
FY06 As Proposed As Amended Change
Total 26,868,884 26,347,832 -521,052
Source of Funds
State 4,769,674 4,665,464 -104,210
Federal 22,099,210 21,682,368 -416,842
Total 26,868,884 26,347,832 -521,052
* * * Program Development - Interstate Bridge * * *
Sec. 19. PROGRAM DEVELOPMENT - INTERSTATE BRIDGE
The following modifications are made to the program development - interstate bridge program:
(1) Authorized spending for the Putney IM 091-1(31) interstate project (Bridge No. 17, I-91 under US 5) is amended to read:
FY06 As Proposed As Amended Change
Construction 2,257,756 0 -2,257,756
Total 2,257,756 0 -2,257,756
Source of Funds
State 225,776 0 -225,776
Federal 2,031,980 0 -2,031,980
Total 2,257,756 0 -2,257,756
(2) Authorized spending on interstate bridge development and evaluation is amended to read:
FY06 As Proposed As Amended Change
Other 410,000 204,500 -205,500
Total 410,000 204,500 -205,500
Source of Funds
State 41,000 20,450 -20,550
Federal 369,000 184,050 -184,950
Total 410,000 204,500 -205,500
(3) The following projects and their associated funding as approved or amended by this act are moved to the bridge maintenance program:
System Project Project Number Description
Interstate Bolton IM 090-2(29) Rehab BR#51, I-89 Bolton
Interstate Putney IM 091-1(31) Rehab bridge #17, I-91
(4) Total spending in the interstate bridge program, including the changes made in subdivisions (1) through (3) of this section, is authorized as follows.
FY06 As Proposed As Amended Change
Total 5,581,764 204,500 -5,377,264
Source of Funds
State 558,177 20,450 -537,727
Federal 5,023,587 184,050 -4,839,537
Total 5,581,764 204,500 -5,377,264
* * * Enhancements * * *
Sec. 20. POULTNEY LIGHT PROJECT
Authorized spending for the Poultney STP EH00(20) project is amended to read:
FY06 As Proposed As Amended Change
Construction 12,500 31,250 18,750
Total 12,500 31,250 18,750
Source of Funds
Federal 10,000 25,000 15,000
Local 2,500 6,250 3,750
Sec. 21. VERMONT LOCAL ROADS
(a) Total authorized spending in the Vermont local roads program is amended to read:
FY06 As Proposed As Amended Change
Grants 783,700 783,700 0
Total 783,700 783,700 0
Source of Funds
State 643,700 333,867 -309,833
Federal 140,000 449,833 309,833
(b) These changes are made to replace transportation funds with federal enhancement funds in the amount of $309,833.
Sec. 22. ENHANCEMENT FUNDS
Notwithstanding 19 V.S.A. § 38, in fiscal years 2007 and 2008, the youth corps program and the clean and clear initiative of the Vermont local roads program shall be funded with enhancement funds.
* * * Cancellation of Projects * * *
Sec. 23. CANCELLATION OF PROJECTS
Pursuant to 19 V.S.A. § 10g(h) (legislative approval for cancellation of projects), the general assembly approves cancellation of the following projects:
(1) Addison (Chimney Point) STP EH99(17) (construction of dock for sail ferry) (cancellation requested by sponsor town);
(2) Chelsea STP EH02( ) (construction study for sidewalks in Chelsea village) (cancellation requested by sponsor town);
(3) Derby Line Village STP EH02( ) (study of sidewalks in Derby Line village) (cancellation requested by sponsor town);
(4) Hinesburg STP EH99(10) (construction of sidewalks/crosswalks in Hinesburg village) (cancellation requested by sponsor town);
(5) North Hero STP EH02( ) (rehabilitation of existing town hall for visitor center) (cancellation requested by sponsor town); and
(6) Richmond STP EH 97(15) (acquisition of scenic easement near I‑89, Exit 11 in Richmond) (cancellation requested by sponsor; property owner no longer interested in granting easement).
* * * Program Development - Park and Ride Program * * *
Sec. 24. MUNICIPAL PARK AND RIDE GRANT PROGRAM
The sum of $100,000 is authorized for use by the agency of transportation for the purpose of implementing the program established in Sec. 61 of No. 160 of the 2003 Adj. Sess. (2004).
Sec. 25. PARK AND RIDE PROGRAM
The following modifications are made to the program development - park and ride facilities program. Fiscal year 2005 funding for construction of the Ferrisburgh CMG Park (15) facility in the amount of $310,000 in state funds shall carry forward and be utilized in the fiscal year 2006 transportation program. Construction of the facility shall proceed over a two‑fiscal‑year period.
* * * Program Development – Roadway * * *
Sec. 26. PROGRAM DEVELOPMENT − ROADWAY PROGRAM
The following modifications are made to the program development − roadway program:
(1) Spending authority for the Hardwick ST 030-3(4) project (bank stabilization along VT 15 in landslide area easterly of Hardwick village) is added to read:
FY06 As Proposed As Amended Change
Construction 140,000 140,000
Total 140,000 140,000
Source of Funds
State 140,000 140,000
(2) Fiscal year 2005 funding for construction of the Hubbardton ST 0161(23) project (reconstruction of VT 30 to prevent periodic flooding of roadway) in the amount of $300,000 in state funds shall carry forward and be utilized in the fiscal year 2006 program development program.
(3) Spending authority for the Hubbardton ST 0161(23) project is added to read:
FY06 As Proposed As Amended Change
Construction 700,000 700,000
Total 700,000 700,000
Source of Funds
State 140,000 140,000
Federal 560,000 560,000
(4) Due to anticipated scheduling delays, spending authority for the Cabot-Danville FEGC F 028-3(26)C/1 is amended to read:
FY06 As Proposed As Amended Change
PE 50,000 50,000 0
Construction 500,000 0 -500,000
Total 550,000 50,000 -500,000
Source of Funds
State 27,500 2,500 -25,000
Federal 522,500 47,500 -475,000
Total 550,000 50,000 -500,000
(5) Funding for the North Bennington STP 9646(1) S project (reconstruction of Water Street/TH 2/VT 67A) is added to read:
FY06 As Proposed As Amended Change
Construction 637,756 637,756
Total 637,756 637,756
Source of Funds
State 125,776 125,776
Federal 511,980 511,980
Total 637,756 637,756
(6) The Old Bennington STP 1400(5) project (reconstruction of Monument Avenue) shall be included in the federal fiscal years 2005-2007 state transportation improvement program (STIP) with federal funding scheduled in the federal fiscal years during such period as determined by the secretary.
(7)(A) Spending authority for the Bennington Bypass South NHF
019-1(4) project is amended to read:
FY06 As Proposed As Amended Change
PE 1,131,485 300,000 -831,485
ROW 0 300,000 300,000
Total 1,131,485 600,000 -531,485
Source of Funds
State 226,297 360,000 133,703
Federal 905,188 240,000 -665,188
Total 1,131,485 600,000 -531,485
(B) For fiscal year 2006, the funds authorized for the Bennington Bypass South NHF 019 - 1(4) shall be used for design work necessary to identify sites for the cost-effective disposal of earth borrow resulting from the construction of the Bennington Bypass North project north of Vermont Route 9 and for the acquisition of earth borrow disposal sites so identified.
(C) In the event the funds authorized for right-of-way acquisition are insufficient to maintain the approved schedule for advancement of the Bennington Bypass North NHF 019-1(5) project, the secretary, after consultation with the joint transportation oversight committee, is authorized to allocate the funds required to maintain the approved schedule.
(8) The following projects have received federal earmark funds and are added to the roadway program – statewide development and evaluation for fiscal year 2005 and fiscal year 2006:
(A) Windsor – Industrial Access Road: $1,000,000 from the federal Transportation and Community and System Preservation Program (TCSP);
(B) Swanton – Missisquoi Wildlife Refuge: $500,000 from the federal Public Lands Highway Program (PLH);
(C) Norwich – Silvio Conte National Fish and Wildlife Refuge Educational Outreach Center: $1,000,000 from the federal Public Lands Highway Program (PLH);
(D) Johnson STP 030-2( ): $1,984,000 from the Section 117 Federal Highway Administration Surface Transportation Funds for improvements on VT 15;
(E) Essex Junction STP 5300( ): $496,000 from the Section 117 Federal Highway Administration Surface Transportation Funds.
Sec. 27. REPEAL
Sec. 11 of No. 160 of the Acts of the 2003 Adj. Sess. (2004) (restrictions on Bennington Bypass South project) is repealed.
* * * Program Development – Safety and Traffic Operations * * *
Sec. 28. PROGRAM DEVELOPMENT - SAFETY AND TRAFFIC
OPERATIONS
All highway projects in which safety is a dominant feature, including projects in which the construction of a roundabout is an option, shall be listed and considered as part of the safety and traffic operations program.
* * * Program Development – Multimodal Facilities * * *
Sec. 29 BELLOWS FALLS MULTIMODAL FACILITY
Notwithstanding 19 V.S.A. § 10j(e), transportation funds authorized for expenditure on the Bellows Falls multimodal facility may be used to purchase the Bellows Falls train station located on real property owned by the state.
* * * Rail Program * * *
Sec. 30. RAIL PROGRAM
(a) The following modifications are made to the program development – rail projects program. These changes are made to eliminate rail projects as a line item within program development and to consolidate all rail projects within the rail program.
FY06 As Proposed As Amended Change
PE 686,111 0 -686,111
Construction 1,125,000 0 -1,125,000
Other 635,000 0 -635,000
Total 2,446,111 0 -2,446,111
Source of Funds
State 1,186,111 0 -1,186,111
Federal 1,260,000 0 -1,260,000
(b) Spending authority for the Bellows Falls railroad tunnel project is added as follows. In the event federal earmark funds are secured for the project, any state funds not required to match the federal funds and any state funds expended on the project which are reimbursable from the federal funds shall be so reimbursed, and the total of such available funds shall be used, in the discretion of the secretary, to match federal funds pursuant to Secs. 64 and 65 of this act.
FY06 As Proposed As Amended Change
Total 700,000 700,000
Source of Funds
State 700,000 700,000
(c) Spending authority for the purchase of interstate passenger rail service is amended to read as follows. This change is made to adjust authorized spending to anticipated contract obligations.
FY06 As Proposed As Amended Change
Total 3,000,000 2,700,000 -300,000
Source of Funds
State 3,000,000 2,700,000 -300,000
(d) Authorized spending in the rail program, including the changes made in subsections (a) through (c) of this section, is amended to read:
FY06 As Proposed As Amended Change
PE 89,273 775,384 686,111
Construction 1,375,000 3,200,360 1,825,000
Other 6,161,458 6,496,458 335,000
Total 7,626,091 10,472,202 2,846,111
Source of Funds
State 6,535,818 8,121,929 1,586,111
Federal 1,090,273 2,350,273 1,260,000
Total 7,626,091 10,472,202 2,846,111
Sec. 31. SUNDERLAND RAILROAD BRIDGE
In connection with the Albany-Bennington-Rutland-Burlington (ABRB) project, the Sunderland Rail 04-9044 C/2 project (replacement of Vermont Railway Bridge No. 63 over Mill Brook at MP 17.93) shall be considered specifically authorized for purposes of chapter 58 of Title 5 of the Vermont statutes.
Sec. 32. LAMOILLE VALLEY RAIL CORRIDOR
From the net cash proceeds received by the state from the Lamoille valley railroad salvage project, the sum of $75,000 shall be reserved and utilized for the maintenance of the Lamoille valley rail banked corridor.
* * * Vermont Rail Authority Summer Study * * *
Sec. 33. VERMONT RAIL AUTHORITY STUDY COMMITTEE
(a) A summer study committee is established, consisting of two members of the house committee on transportation and one member of the house committee on ways and means, designated by the speaker of the house; two members of the senate committee on transportation and one member of the senate committee on finance, designated by the committee on committees; the state treasurer or designee; the secretary of administration or designee; the secretary of transportation; two representatives from a rail organization as designated by the governor; one representative from the regional planning commissions as designated by the Vermont association of planning and development agencies; a representative of the Chittenden County metropolitan planning organization; and a representative of the Vermont rail advisory council designated by the council. The secretary of transportation shall serve as chair of the committee. Legislative members of the committee shall be entitled to per diem compensation and expense reimbursement as provided in
2 V.S.A. § 406(a). Other members of the committee who are not state employees shall be entitled to per diem compensation and expense reimbursement as provided in 32 V.S.A. § 1010.
(b) The committee shall make recommendations regarding the advisability of creating a rail authority in the state of Vermont for the primary purpose of developing additional capacity to move freight more effectively for the economic benefit of the state of Vermont. The committee shall consider the following:
(1) Advantages and disadvantages of transferring responsibility for management of state-owned railroad properties from the agency of transportation to an authority;
(2) Essential components of a business plan for an authority, including how an authority would operate, identification of funding mechanisms for both project delivery and routine operations, and how it will have an impact on the transportation fund and the state’s bond rating;
(3) Efficient planning, development, and delivery of railroad projects;
(4) Identification of priority rail projects and identification of rail corridors for priority projects;
(5) Efficient coordination of adjustments to railroad facilities required by highway construction projects;
(6) Impact on railroad operators;
(7) Support of economic development activity in the state; and
(8) Regulatory jurisdiction of the transportation board over highway-rail crossings, farm crossings, fences, and other matters involving railroads.
(c) The agency of transportation, with the assistance of the legislative council and the joint fiscal office, shall provide administrative support for the committee.
(d) The committee shall submit a report of recommendations to the house and senate committees on transportation by January 15, 2006, at which time the committee’s existence shall terminate.
* * * Town Highway Bridge Program * * *
Sec. 34. TOWN HIGHWAY BRIDGE PROGRAM
The following modifications are made to the town highway bridge program:
(1) Spending authority for the Leicester BRF 0160(3) S project (replacement of Bridge No. 6 over Otter Creek on Leicester Junction Road/TH 1) is added to read:
FY06 As Proposed As Amended Change
PE 5,500 5,500
Construction 1,200,000 1,200,000
Total 1,205,500 1,205,500
Source of Funds
State 120,550 120,550
Federal 964,400 964,400
Local 120,550 120,550
(2) Authorized spending for the Morrisville BRZ 1446(15) project is amended to read:
FY06 As Proposed As Amended Change
Construction 378,531 0 -378,531
Total 378,531 0 -378,531
Source of Funds
State 37,853 0 -37,853
Federal 302,825 0 -302,825
Local 37,853 0 -37,853
(3) The following projects and their associated funding as approved or amended by this act are moved to the bridge maintenance program:
System Project Project Number Description
Town Johnson BHO 1448(18) Rehab BR6
Town Montpelier BHM 6400(25) Rehab BR11
Town Norwich TH2 9625 Rehab BR46
(4) Notwithstanding 19 V.S.A. § 309a, the local share of the Bethel BRF 0241(33)C/2 project in all its phases through construction of a replacement bridge shall be five percent. Fiscal year 2006 spending authority for the project is amended to read:
FY06 As Proposed As Amended Change
Construction 2,500,000 2,500,000 0
Total 2,500,000 2,500,000 0
Source of Funds
State 250,000 375,000 125,000
Federal 2,000,000 2,000,000 0
Local 250,000 125,000 -125,000
Total 2,500,000 2,500,000 0
* * * Town Highway Class 2 Roadway * * *
Sec. 35. TOWN HIGHWAY CLASS 2 ROADWAY
Total authorized spending in the town highway class 2 roadway program is modified as follows. In the discretion of the secretary, up to $250,000 of the authorized funds may be reallocated to the town highway structures program.
FY06 As Proposed As Amended Change
Grants 4,248,750 4,748,750 500,000
Total 4,248,750 4,748,750 500,000
Source of Funds
State 4,248,750 4,748,750 500,000
* * * Town Highway Emergency Fund * * *
Sec. 36. TOWN HIGHWAY EMERGENCY
Total authorized spending in the town highway emergency program is modified as follows:
FY06 As Proposed As Amended Change
Grants 750,000 57,129 -692,871
Total 750,000 57,129 -692,871
Source of Funds
State 750,000 57,129 -692,871
* * * Vermont Local Roads * * *
Sec. 37. VERMONT LOCAL ROADS PROGRAM
(a) Total authorized spending in the Vermont local roads program is modified as follows:
FY06 As Proposed As Amended Change
Grants 783,700 783,700 0
Total 783,700 783,700 0
Source of Funds
State 643,700 333,867 -309,833
Federal 140,000 449,833 309,833
(b) These changes are made to replace transportation funds with federal enhancement funds in the amount of $309,833.
* * * Town Structures Program * * *
Sec. 38. Sec. 254 of No. 122 of the Acts of the 2003 Adj. Sess. (2004) is amended to read:
Sec. 254. Transportation - town highway structures
Grants 3,494,500 3,944,500
Source of Funds
Transportation fund 3,494,500 3,944,500
(a) Notwithstanding any other provision of law, in fiscal year 2004, the sum of $3,500,000.00 shall revert to the transportation fund from the town highway structures account, account # 8100000300.
(b) Notwithstanding any other provision of law, in fiscal year 2005, the sum of $492,122.00 shall revert to the transportation fund from the town highway structures account, account # 8100000300.
(c) Of the above appropriation, $450,000 is requested as a supplemental appropriation in accordance with 19 V.S.A. § 306(e) to fund additional costs for projects the agency has previously committed to and shall not be awarded as new grants.
Sec. 39. Sec. 258 of No. 122 of the Acts of the 2003 Adj. Sess. (2004) is amended to read:
Sec. 258. Transportation – town highway bridges
Personal services 3,610,000 3,610,000
Operating expenses 16,903,263 16,453,263
Grants 418,000 418,000
Total 20,931,263 20,481,263
Source of Funds
Transportation fund 7,129,406 6,679,406
Local match 1,384,030 1,384,030
Federal funds 12,417,827 12,417,827
Total 20,931,263 20,481,263
* * * Central Garage * * *
Sec. 40. 19 V.S.A. § 13(c) is amended to read:
(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 In fiscal year 2002 2006, $1,400,000.00 and in fiscal
year 2007 and thereafter, an amount equal to
two-thirds of one percent of the prior year transportation fund appropriation, but not less than $1,400,000.00, 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.
Pursuant to 19 V.S.A. § 13(b), the agency is authorized to add one plow truck to the fleet to service an increase in lane mileage in district 1 and one aerial lift truck for signal repair and maintenance.
Sec. 42. PROGRAM DEVELOPMENT VEHICLE FLEET
The program development program is modified to eliminate the proposed addition of two vehicles, one for use by the materials and research program and one for use by the bridge inspection program. Spending authority is reduced by the amount of $60,000 in transportation funds.
* * * Transportation Funds * * *
Sec. 43. 19 V.S.A. § 11a is amended to read:
§ 11a. TRANSPORTATION FUNDS APPROPRIATED FOR SUPPORT OF
GOVERNMENT
For fiscal year 2006 and thereafter, the The maximum amount of transportation funds
that may be appropriated for the support of government, other than for the agency
of transportation, the transportation board, 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, for fiscal year 2006 shall not exceed 18.5
18.0 percent of the total of the prior fiscal year transportation fund
appropriations and for fiscal year 2007 shall not exceed $38,221,563.00.
* * * Joint Transportation Oversight Committee * * *
Sec. 44. 19 V.S.A. § 12b(b) is amended to read:
(b) The committee shall have authority to meet
during adjournment and for official duties, members. Members
shall be entitled to compensation and reimbursement pursuant to 2 V.S.A. §
406. The committee shall have the assistance of the staff of the legislative
council and the joint fiscal office.
Sec. 45. 19 V.S.A. § 12b(d) is added to read:
(d)(1) In coordination with the regular meetings of the joint fiscal committee, the joint transportation oversight committee shall meet in mid-July, mid‑September, and mid-November. At these meetings, the secretary shall report on the status of the state’s transportation finances and transportation programs, including a report on contract bid awards versus project estimates and a detailed report on all known or projected cost overruns, project savings and funding availability from delayed projects; and the agency’s actions taken or planned to cover the cost overruns and to reallocate the project savings and delayed project funds with respect to:
(A) all paving projects other than statewide maintenance programs; and
(B) all projects in the roadway, state bridge, interstate bridge, or town bridge programs with authorized spending in the fiscal year of $500,000.00 or more with a cost overrun equal to 20 percent or more of the authorized spending or generating project savings or delayed project available funding equal to 20 percent or more of the authorized spending.
(2) In addition, at the July meeting of the joint transportation oversight committee, the secretary shall report to the committee on the agency’s plans to adjust spending to any changes in the consensus forecast for transportation fund revenues.
Sec. 46. 19 V.S.A. § 13(i) is added to read:
(i) Each year at the September meeting of the joint transportation oversight committee called pursuant to 19 V.S.A. § 12b(d), the agency shall present to the joint transportation oversight committee a report detailing:
(1) activity within the central garage fund during the prior fiscal year;
(2) the calculation of equipment rental rates approved by the agency to be charged by the central garage; and
(3) the condition of the vehicle fleet, including plans for upgrading the fleet to optimal condition.
Sec. 47. FALL REPORTS
At the summer and fall meetings in 2005 of the joint transportation oversight committee pursuant to 19 V.S.A. §12b(d), the secretary shall report on project funding decisions made pursuant to Secs. 62 through 64 of this act.
* * * Connecticut River Bridge Advisory Commission * * *
Sec. 48. CONNECTICUT RIVER BRIDGE ADVISORY COMMISSION
(a) 19 V.S.A. § 36 (Connecticut River bridge advisory commission) is repealed.
(b) This section shall take effect on the date that the same or similar provisions are enacted in New Hampshire.
(c) The agency of transportation shall annually by January 15 submit to the house and senate committees on transportation a report on the status of all Connecticut River bridge projects.
* * * Emergency Repairs to Existing Facilities * * *
Sec. 49. 19 V.S.A. § 518(a) is amended to read:
(a) For purposes of this section, the term “minor alterations to existing facilities” means:
(1) activities
Activities which qualify as “categorical exclusions” under 23 C.F.R. §
771.117(c) and the National Environmental Policy Act of 1969, as amended, 42
U.S.C. §§ 4321-4347, and do not require a permit under 10 V.S.A. chapter
151 (Act 250); or
(2) Activities involving emergency repairs to or emergency replacement of an existing bridge or culvert, even though the need for repairs or replacement does not arise from damage caused by a natural disaster or catastrophic failure from an external cause; provided, however, that the activities do not require a permit under 10 V.S.A. chapter 151 (Act 250). Any temporary rights under this subdivision shall be limited to 10 years from the date of taking.
* * * Prefabricated Bridges * * *
Sec. 50. PREFABRICATED BRIDGES
In the fiscal year 2007 transportation program, the agency shall identify potential candidates on the state, interstate, and town highway bridge systems for development and construction utilizing prefabricated components and construction techniques.
* * * Municipal Equipment Loan Fund; Salt and Sand Sheds * * *
Sec. 51. MUNICIPAL EQUIPMENT LOAN FUND; EXPANSION OF
FUND PURPOSES; SALT AND SAND SHEDS
(a) The state treasurer and the state traffic committee, as administrators of the municipal equipment loan fund established in 29 V.S.A. chapter 61, are directed to examine the possibility of expanding the use of the loan fund to cover the costs of municipal salt and sand sheds. Section 39 of Title 19 currently requires the agency of transportation to work with municipalities to “… provide assistance in designing effective low cost enclosures for salt or sand storage, including off-the-shelf designs that incorporate economical construction materials to the extent allowed by the multisector general permit (MSGP) issued for Vermont by the United States Environmental Protection Agency.” The treasurer and traffic committee shall confer with the secretary of natural resources in developing recommendations which address:
(1) The cost to municipalities of acquiring salt and sand sheds which conform to the specifications resulting from assistance provided in 19 V.S.A. § 39.
(2) Increases to the loan fund necessary to implement an expansion of fund purposes to include salt and sand sheds.
(b) The treasurer and traffic committee shall submit a report to the house and senate committees on transportation by January 15, 2006.
* * * Fund Transfer Authority * * *
Sec. 52. 32 V.S.A. § 706 is amended to read:
§ 706. TRANSFER OF APPROPRIATIONS
Notwithstanding any authority granted elsewhere, all transfers of appropriations shall be made pursuant to this section upon the initiative of the governor, or upon the request of a secretary or commissioner.
(a)(1) With
the approval of the governor, the secretary of administration may:
(1)(A)
Transfer balances of appropriations not to exceed $50,000.00 made under any
appropriation act for the support of the government from one component of an
agency, department, or other unit of state government, to any other
component of the same agency, department, or unit;
(2)(B)
Transfer balances of code classifications, as defined in any appropriation act
for the support of the government, of all departments and agencies when deemed
necessary;
(3)(C)
Advance $1,000.00 to the central surplus commodity revolving fund.
(b)(2)
Except as specified in subsection (a) subdivisions (1) and (4) of
this section, the transfer of balances of appropriations may be made only with
the approval of the emergency board.
(c)(3) For
the specific purpose of balancing and closing out fund accounts at the end of a
fiscal year, the commissioner of finance and management may adjust a balance
within an account of an agency or department in an amount not to exceed
$100.00.
(4) With the approval of the governor, the secretary of transportation may transfer balances of appropriations made under any appropriation act from one department or unit of the agency of transportation to another department or unit of the agency of transportation for the specific purpose of funding authorized transportation projects which have been approved by the federal government for advance construction in which the expenditure of state funds will be reimbursed by federal funds when the federal funds become available, and the transfer is limited to funds which have been approved for reimbursement. Upon such reimbursement, the transferred funds shall be transferred back to the original department or unit of the agency of transportation from which the initial transfer for purposes of funding the advance construction was made. When any appropriation is transferred pursuant to this subdivision, the secretary of transportation shall report the transfer to the house and senate committees on transportation when the general assembly is in session, and when the general assembly is not in session, to the joint transportation oversight committee at one of the meetings scheduled pursuant to 19 V.S.A. § 12b(d).
* * * Project Prioritization * * *
Sec. 53. 19 V.S.A. § 10g(l) and (m) are added to read:
(l) The agency shall develop a numerical grading system to assign a priority rating to all program development paving, program development roadway, program development safety and traffic operations, program development state and interstate bridge, town highway bridge, and bridge maintenance projects. The rating system shall consist of two separate, additive components as follows.
(1) One component shall be limited to asset management-based factors which are objective and quantifiable and shall consider, without limitation, the following:
(A) the existing safety conditions in the project area and the impact of the project on improving safety conditions;
(B) the average, seasonal, peak, and nonpeak volume of traffic in the project area, including the proportion of traffic volume relative to total volume in the region, and the impact of the project on congestion and mobility conditions in the region;
(C) the availability, accessibility, and usability of alternative routes;
(D) the impact of the project on future maintenance and reconstruction costs; and
(E) the relative priority assigned to the project by the relevant regional planning commission or the Chittenden County metropolitan planning organization.
(2) The second component of the priority rating system shall consider, without limitation, the following factors:
(A) the functional importance of the highway or bridge as a link in the local, regional, or state economy; and
(B) the functional importance of the highway or bridge in the social and cultural life of the surrounding communities.
(m) The annual transportation program shall include an individual priority rating pursuant to subsection (l) of this section for each highway paving, roadway, safety and traffic operations, and bridge project in the program along with a description of the system and methodology used to assign the ratings.
* * * Vehicle Inspection Certificates and Revenue * * *
Sec. 54. 23 V.S.A. § 1230 is amended to read:
§ 1230. FEES CHARGE
For
each inspection certificate issued by the department of motor vehicles, the
commissioner shall be paid $0.50 $3.00; provided that state and
municipal inspection stations that inspect only state or municipally owned and
registered vehicles shall not be required to pay a fee.
Sec. 55. 23 V.S.A. § 1222(b) is amended to read:
§ 1222. INSPECTION OF REGISTERED VEHICLES
* * *
(b) If a fee is charged for inspection, it shall be based upon the hourly rate charged by each official inspection station or it may be a flat rate fee and, in either instance, the fee shall be prominently posted and displayed beside the official inspection station certificate. In addition, the official inspection station may disclose the state inspection certificate charge on the repair order as a separate item and collect the charge from the consumer. A person shall not operate a motor vehicle unless it has been inspected as required by this section and has a valid certification of inspection affixed to it. The month of next inspection for all motor vehicles shall be shown on the current inspection certificate affixed to the vehicle.
Sec. 56. ALLOCATION OF VEHICLE INSPECTION CHARGE REVENUE
All vehicle inspection certificate charge revenue collected under 23 V.S.A § 1230 shall be allocated as follows: In fiscal year 2006, to the transportation fund; in fiscal year 2007 and thereafter, to the transportation fund but with one‑half reserved for use in the bridge maintenance program established in 19 V.S.A. § 40.
* * * Vermont Bridge Maintenance Program * * *
Sec. 57. 19 V.S.A. § 40 is added to read:
§ 40. VERMONT BRIDGE MAINTENANCE PROGRAM
The Vermont bridge maintenance program is hereby created. The objective of the program is to maximize the useful life of Vermont’s bridges at least cost through a systematic program of asset management which will eliminate avoidable deterioration costs and maximize the availability of resources for all transportation purposes. The following types of projects shall be eligible for funding from the bridge maintenance program:
(1) Bridge painting, particularly projects that will remove lead‑based paints and improve the protective capacity of the structural steel coatings system;
(2) Deck membrane replacements of deteriorating membranes with new higher performance membranes and pavement;
(3) Deck replacements of structurally deficient decks where the remaining structural components of the bridge are in fair to good condition;
(4) Large culvert rehabilitation, including the insertion of culvert linings to extend the useful life of large culverts; and
(5) Substructure repairs where deterioration has affected the structural stability of the bridge.
Sec. 58. BRIDGE PROJECTS INCLUDED IN THE BRIDGE
MAINTENANCE PROGRAM
The following bridge projects are included in the bridge maintenance program:
System Project Project Number Description
Interstate Bolton IM 090-2(29) Rehab BR#51, I-89 Bolton
Interstate Putney IM 091-1(31) Rehab bridge #17, I-91
State Cambridge BHF 030-2(19)S Rehab BR20, Lamoille
River
Town Johnson BHO 1448(18) Rehab BR6, Lamoille
River
Town Montpelier BHM 6400(25) Rehab BR11, north branch
Winooski River
Town Norwich TH2 9625 Rehab BR46,
Ompompanoosuc River
* * * New Projects * * *
Sec. 59. NEW PROJECTS
(a) The South Burlington Airport Drive reconstruction project shall be added to the program development – roadway program, provided the Chittenden County Metropolitan Planning Organization (MPO) approves of the project for inclusion in the MPO’s current transportation improvement plan (TIP) by September 1, 2005.
(b) Upon request of the Addison County regional planning commission, the secretary may add the Bristol South Street bridge (bridge No. 31) project to the town bridge program.
* * * Reallocation of Funding * * *
Sec. 60. 19 V.S.A § 10g(h) is amended to read:
(h) Should capital projects in the transportation program be delayed because of unanticipated problems with permitting, right-of-way acquisition, construction, local concern, or availability of federal or state funds, the secretary is authorized to advance projects in the approved transportation program, giving priority to shelf projects. The secretary is further authorized to undertake projects to resolve emergency or safety issues. Should an approved project in the current transportation program require additional funding to maintain the approved schedule, the agency is authorized to allocate the necessary resources. However, the secretary shall not delay or suspend work on approved projects to reallocate funding for other projects except when other funding options are not available. In such case, the secretary shall notify the members of the joint transportation oversight committee. With respect to projects in the approved transportation program, the secretary shall notify, in the district affected, the regional planning commission, the municipality, legislators, and members of the senate and house committees on transportation of any significant change in design, change in construction cost estimates requiring referral to the transportation board under 19 V.S.A. § 10h, or any change which likely will affect the fiscal year in which the project is planned to go to construction. No project shall be cancelled without the approval of the general assembly.
Sec. 61. TRANSPORTATION FUND STABILIZATION RESERVE
To the extent that transportation funds are insufficient to obligate under federal regulations any federal funds that become available in federal fiscal year 2005 or 2006, the secretary may withdraw funds from the transportation fund budget stabilization reserve up to a maximum amount which leaves the remaining balance of the stabilization reserve equal to three and one-half percent of the prior year appropriations of transportation funds and use such funds to obligate the federal funds.
* * * Interest on Transportation Fund Stabilization Reserve * * *
Sec. 62. 32 V.S.A. § 308a(e) is added to read:
(e) Commencing in fiscal year 2007, interest earned on funds in the transportation fund budget stabilization reserve shall be credited to the transportation fund.
* * * Discretionary Spending Authority * * *
Sec. 63. MATCHING FUNDS
Spending authority in the amount of $566,338 in transportation funds shall be allocated by the secretary to satisfy matching requirements for federal funds pursuant to Secs. 64 and 65 of this act.
Sec. 64. DISCRETIONARY SPENDING AUTHORITY
(a) Spending authority in the amount of $1,258,730 in federal funds shall be allocated in the discretion of the secretary to advance projects in the state’s fiscal year 2006 transportation program in the safety and traffic operations, paving, roadway, town bridge, or bridge maintenance programs or which are listed as shelf projects. In making funding allocation decisions, the secretary shall consider the projects identified in subsection (b) of this section. If the secretary decides not to allocate funds pursuant to this subsection to a project listed in subsection (b) of this section, the secretary shall explain the decision in writing addressing the factors which support the prioritization of other projects receiving funds as compared to the listed project. The secretary shall deliver copies of the written explanation promptly to members of the house and senate committees on transportation and the members of the joint transportation oversight committee after making the funding decision.
(b) The projects referred to in subsection (a) of this section are as follows. In the event the available funds are not sufficient to advance all of the projects in a cost efficient manner, the secretary shall allocate the available funding to selected projects on the list so as to ensure the effective utilization of available resources.
Program Project Name Project No.
Roadway Lunenburg STP2301(1)S
Roadway Waterbury Main Street FEGC F013-4(13)
Roadway Old Bennington STP 1400(5)S
(Monument Avenue)
Paving Cambridge-Belvidere VT 109 STP
2219(1)S
Town Bridge Barton (Orleans) BRO 1449(29)
Safety & Traffic Operations Middlebury NHG 019-3(52S)
* * * Additional Federal Funds * * *
Sec. 65. ADDITIONAL FEDERAL FUNDS
(a) To the extent federal funds become available beyond the funds authorized in fiscal year 2006 in the state’s transportation program, the secretary shall apply the funds, consistent with federal rules, as follows:
(1) Subject to 19 V.S.A. § 10h(a), to cover cash flow shortages on projects due to increased costs or faster than anticipated progress, or to obligate federal fiscal year 2006 funds to state fiscal year 2007 paving projects currently planned for advance construction in federal fiscal year 2006 (summer of calendar year 2006) and conversion in federal fiscal year 2007.
(2) To advance projects in the state’s fiscal year 2006 transportation program in the safety and traffic operations, paving, roadway, town bridge or bridge maintenance programs or which are listed as shelf projects. In making funding allocation decisions, the secretary shall consider the projects identified in subsection (b) of this section. If the secretary decides not to allocate funds pursuant to this subsection to a project listed in subsection (b) of this section, the secretary shall explain the decision in writing addressing the factors which support the prioritization of other projects receiving funds as compared to the listed project. The secretary shall deliver copies of the written explanation to members of the house and senate committees on transportation and the members of the joint transportation oversight committee promptly after making the funding decision.
(b) The projects referred to in subdivision (a)(2) of this section are as follows. In the event the available funds are not sufficient to advance all of the projects in a cost efficient manner, the secretary shall allocate the available funding to selected projects on the list so as to ensure the effective utilization of available resources.
Program Project Name Project No.
Public Transit New Starts
Roadway Lunenburg STP2301(1)S
Roadway Waterbury Main Street FEGC F013-4(13)
Roadway Old Bennington STP 1400(5)S
(Monument Avenue)
Paving Cambridge Belvidere VT 109 STP
2219(1)S
Town Bridge Barton (Orleans) BRO 1449(29)
Safety & Traffic Operations Middlebury NHG 019-3(52S)
Approved: June 25, 2005
The Vermont General Assembly
115 State Street
Montpelier, Vermont
