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H.869

AN ACT RELATING TO THE STATE’S TRANSPORTATION PROGRAM

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

Sec. 1.  TRANSPORTATION PROGRAM; ADVANCEMENTS,

             CANCELLATIONS, AND DELAYS

(a)  The state’s proposed fiscal year 2007 transportation program appended to the agency of transportation’s proposed fiscal year 2007 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.

* * * Program Development – Paving * * *

Sec. 2.  PROGRAM DEVELOPMENT – PAVING

The following modifications are made to the program

development – paving program: 

(1)  Authorized spending on the statewide district leveling program is amended to read:

FY07                         As Proposed    As Amended             Change

PE                                             0                      0                      0

ROW                                        0                      0                      0

Construction 1,483,000 1,983,000          500,000

Other                                         0                      0                      0

Total                            1,483,000        1,983,000           500,000

Sources of Funds

Trans. Fund                 1,483,000        1,983,000           500,000

Town Fund                               0                      0                      0

Federal                                      0                      0                      0

Local                                         0                      0                      0

Total                            1,483,000        1,983,000           500,000

* * * Program Development – Roadway * * *

Sec. 3.  PROGRAM DEVELOPMENT – ROADWAY

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

(1)  A project designated as Middlebury STP 5900( ), formerly known as Middlebury M 5900(2), also known as the Cross Street Bridge project, for the extension of Cross Street (TH 47) westerly over the Vermont Railway and the Otter Creek to connect US 7 to VT 30 and VT 125, is added to the roadway program.  Authorized spending for the project is added to read:

FY07                         As Proposed    As Amended             Change

PE                                             0           100,000           100,000

ROW                                        0                      0                      0

Construction 0                           0                      0

Other                                        0                      0                      0

Total                                          0           100,000           100,000

Sources of Funds

Trans. Fund                               0             10,000             10,000

Town Fund                               0                      0                      0

Federal                                     0             80,000             80,000

Local                                         0             10,000             10,000

Total                                          0           100,000           100,000

(2)  Authorized spending for the Waterbury Main Street project, FEGC F-013-4(13) is amended to read as follows.  The funds authorized for preliminary engineering shall be used to redesign the intersection of Park Row and Main Street.  The Secretary’s authority under 19 V.S.A. § 10g(h) shall not apply to any spending authorized for this project.

FY07                         As Proposed    As Amended             Change

PE                                    50,000             50,000                      0

ROW                                        0           250,000           250,000

Construction 0                           0                      0

Other                                         0                      0                      0

Total                                50,000           300,000           250,000

Sources of Funds

Trans. Fund                        1,500               9,000               7,500

Town Fund                               0                      0                      0

Federal                             47,500           285,000           237,500

Local                                  1,000               6,000               5,000

Total                                 50,000           300,000           250,000

(3)  Authorized spending for the Ryegate-St. Johnsbury I-91 IM IR 091‑2(8) project is amended to read:

FY07                         As Proposed    As Amended             Change

PE                                    50,000                      0            -50,000

ROW                                        0                      0                      0

Construction 1,000,000             0       -1,000,000

Other                                        0                      0                      0

Total                            1,050,000                      0       -1,050,000

Sources of Funds

Trans. Fund                    105,000                      0          -105,000

Town Fund                               0                      0                      0

Federal                           945,000                      0          -945,000

Local                                         0                      0                      0

Total                            1,050,000                      0       -1,050,000

(4)  Authorized spending within the program development roadway development and evaluation program for the Waterford IM IR 093-1(8) project is amended to read:

FY07                         As Proposed    As Amended             Change

PE                                    25,000                      0            -25,000

ROW                                        0                      0                      0

Construction 0                           0                      0

Other                                         0                      0                      0

Total                                 25,000                      0            -25,000

Sources of Funds

Trans. Fund                        2,500                      0              -2,500

Town Fund                               0                      0                      0

Federal                            22,500                      0            -22,500

Local                                         0                      0                      0

Total                                 25,000                      0            -25,000

(5)  Authorized spending within the program development roadway development and evaluation program for the Lyndon-Derby IM IR 091-3(6) project is amended to read:

FY07                         As Proposed    As Amended             Change

PE                                    50,000                      0            -50,000

ROW                                        0                      0                      0

Construction 0                           0                      0

Other                                        0                      0                      0

Total                                 50,000                      0            -50,000

Sources of Funds

Trans. Fund                        5,000                      0              -5,000

Town Fund                               0                      0                      0

Federal                            45,000                      0            -45,000

Local                                         0                      0                      0

Total                                 50,000                      0            -50,000

* * * Program Development – Safety and Traffic Operations * * *

Sec. 4.  PROGRAM DEVELOPMENT – SAFETY AND TRAFFIC

             OPERATIONS

The following modifications are made to the program development – safety and traffic operations program:

(1)  Authorized spending for the Manchester STP 0137(17) project is amended to read:

FY07                         As Proposed    As Amended             Change

PE                                            0                      0                      0

ROW                             300,000           300,000                      0

Construction 1,000,000 1,000,000                     0

Other                                        0                      0                      0

Total                            1,300,000        1,300,000                      0

Sources of Funds

Trans. Fund                    115,960             26,760            -89,200

Town Fund                               0                      0                      0

Federal                        1,054,040        1,243,240           189,200

Local                              130,000             30,000          -100,000

Total                            1,300,000        1,300,000                      0

(2)  Project Colchester TCSP TCSE ( ) has received a transportation community system preservation (TCSP) earmark in the amount of $250,000 for a project identified as Route 15 streetscape and pedestrian crossing signal.  This project shall be added to program development safety and traffic operations development and evaluation as follows:  Colchester TCSP TCSE ( ) Route 15 Streetscape and Pedestrian Crossing Signal.

* * * Program Development – Bike and Pedestrian Facilities * * *

Sec. 5.  PROGRAM DEVELOPMENT – BIKE AND PEDESTRIAN

             FACILITIES

The following modifications are made to the program development – bike and pedestrian facilities program:

(1)  Project Winooski TCSP TCSE ( ) has received a transportation community system preservation (TCSP) earmark in the amount of $150,000 for a project identified as Winooski east bicycle and pedestrian path.  This project shall be added to program development bike and pedestrian facilities development and evaluation as follows:  Winooski TCSP TCSE ( ) Winooski East Bicycle and Pedestrian Path.

* * * Bridge Maintenance * * *

Sec. 6.  BRIDGE MAINTENANCE PROGRAM – STATE HIGHWAY

            BRIDGES

The following modifications are made to the bridge maintenance program: 

(1)  Authorized spending on state highway statewide maintenance activities is amended to read:

FY07                         As Proposed    As Amended             Change

PE                                             0                      0                      0

ROW                                        0                      0                      0

Construction 526,150     526,150                      0

Other                           1,947,529        2,375,223           427,694

Total                            2,473,679        2,901,373           427,694

Sources of Funds

Trans. Fund                 1,332,759        1,760,453           427,694

Town Fund                               0                      0                      0

Federal                        1,140,920        1,140,920                      0

Local                                         0                      0                      0

Total                            2,473,679        2,901,373           427,694

* * * Maintenance * * *

Sec. 7.  MAINTENANCE

(a)  Total authorized spending in the maintenance program is modified as follows:

FY07                         As Proposed    As Amended             Change

Personal Services      32,216,294      32,216,294                      0

Operating Expenses   27,946,300      27,589,800          -356,500

Grants                            672,000           672,000                      0

Total                          60,834,594      60,478,094          -356,500

Sources of Funds

Trans. Fund               57,800,594      57,596,094          -204,500

Town Fund                               0                      0                      0

Federal                       3,034,000        2,882,000          -152,000

Total                          60,834,594      60,478,094          -356,500

(b)  These changes are made to eliminate funding for the intelligent transportation statewide RWIS project.

* * * Public Transit * * *

Sec. 8.  PUBLIC TRANSIT

The following modifications are made to the public transit program:

(1)  Authorized spending for the three year demonstration – operating program is amended to read:

FY07                         As Proposed    As Amended             Change

PE                                             0                      0                      0

ROW                                        0                      0                      0

Construction 0                           0                      0

Other                           1,250,000        1,450,000           200,000

Total                            1,250,000        1,450,000           200,000

Sources of Funds

Trans. Fund                               0                      0                      0

Town Fund                               0                      0                      0

Federal                        1,250,000        1,450,000           200,000

Local                                         0                      0                      0

Total                            1,250,000        1,450,000           200,000

* * * Operations – Transportation Buildings * * *

Sec. 9.  OPERATIONS – TRANSPORTATION BUILDINGS

The following modifications are made to the operations – transportation buildings:

(1)  Authorized spending for the Ferrisburgh maintenance and DMV facility project is amended to read:

FY07                         As Proposed    As Amended             Change

PE                                             0                      0                      0

ROW                                        0                      0                      0

Construction 1,562,879             0       -1,562,879

Other                                        0                      0                      0

Total                            1,562,879                      0       -1,562,879

Sources of Funds

Trans. Fund                 1,562,879                      0       -1,562,879

Town Fund                               0                      0                      0

Federal                                     0                      0                      0

Local                                         0                      0                      0

Total                            1,562,879                      0       -1,562,879

* * * Program Development – Town Highway Bridges * * *

Sec. 10.  PROGRAM DEVELOPMENT – TOWN HIGHWAY BRIDGES

The following modifications are made to the program development – town highway bridges program:

(1)  Authorized spending for the Hunt Street bridge project, BRF 1000(16), is amended to read:

FY07                         As Proposed    As Amended             Change

PE                                    20,000           100,000             80,000

ROW                                        0                      0                      0

Construction 0                           0                      0

Other                                         0                      0                      0

Total                                 20,000           100,000             80,000

Sources of Funds

Trans. Fund                        2,000             10,000               8,000

Town Fund                               0                      0                      0

Federal                             16,000             80,000             64,000

Local                                 2,000             10,000               8,000

Total                                 20,000           100,000             80,000

(2)  In addition to other modifications made in this section, authorized spending in the town bridge program is increased by $527,950 consisting of $53,875 in transportation funds, $420,000 in federal funds and $53,875 in local funds.  The additional funds shall be allocated in the discretion of the secretary to advance projects in the state’s fiscal year 2007 town bridge program.

* * * Town Highway * * *

Sec. 11.  TOWN HIGHWAY STATE AID

Authorized spending on the town highway state aid program is amended to read:

FY07                         As Proposed    As Amended             Change

Personal Services                      0                      0                      0

Operating Expenses                   0                      0                      0

Grants                       24,982,744      26,311,056        1,328,312

Total                          24,982,744      26,311,056        1,328,312

Sources of Funds

Trans. Fund               24,982,744                      0     -24,982,744

Town Fund                               0      26,311,056      26,311,056

Federal                                      0                      0                      0

Total                          24,982,744      26,311,056        1,328,312

Sec. 12.  TOWN HIGHWAY STRUCTURES

Authorized spending on the town highway structures program is amended to read:

FY07                         As Proposed    As Amended             Change

Personal Services                      0                      0                      0

Operating Expenses                   0                      0                      0

Grants                         3,494,500        3,674,002           179,502

Total                            3,494,500        3,674,002           179,502

Sources of Funds

Trans. Fund                 3,494,500                      0       -3,494,500

Town Fund                                0        3,674,002        3,674,002

Federal                                      0                      0                      0

Total                           3,494,500        3,674,002           179,502

Sec. 13.  TOWN HIGHWAY CLASS 2 ROADWAY

Authorized spending on the town highway class 2 roadway program is amended to read:

FY07                         As Proposed    As Amended             Change

Personal Services                      0                      0                      0

Operating Expenses                   0                      0                      0

Grants                         4,748,750        5,018,002           269,252

Total                           4,748,750        5,018,002           269,252

Sources of Funds

Trans. Fund                 4,748,750                      0       -4,748,750

Town Fund                               0        5,018,002        5,018,002

Federal                                      0                      0                      0

Total                            4,748,750        5,018,002           269,252

Sec. 14  TOWN HIGHWAY CLASS 1 SUPPLEMENTAL

Authorized spending on the town highway class 1 supplemental program is amended to read:

FY07                         As Proposed    As Amended             Change

Personal Services                      0                      0                      0

Operating Expenses                   0                      0                      0

Grants                            128,750           146,700             17,950

Total                               128,750           146,700             17,950

Sources of Funds

Trans. Fund                    128,750                      0          -128,750

Town Fund                               0           146,700           146,700

Federal                                     0                      0                      0

Total                               128,750           146,700             17,950

Sec. 15  TOWN EMERGENCY FUND

Funding of the town emergency fund is modified to read:

FY07                         As Proposed    As Amended             Change

PE                                             0                      0                      0

ROW                                        0                      0                      0

Construction 0                           0                      0

Other                              750,000        1,500,000           750,000

Total                              750,000        1,500,000           750,000

Sources of Funds

Trans. Fund                    750,000        1,500,000           750,000

Town Fund                               0                      0                      0

Federal                                     0                      0                      0

Local                                        0                      0                      0

Total                               750,000        1,500,000           750,000

Sec. 16.  DEPARTMENT OF MOTOR VEHICLES

(a) Authorized spending by the department of motor vehicles is amended to read: 

FY07                         As Proposed    As Amended             Change

Personal Services      16,580,740      16,580,740                      0

Operating Expenses     7,177,547        8,050,064           872,517

Grants                            311,300           311,300                      0

Total                          24,069,587      24,942,104           872,517

Sources of Funds

Trans. Fund               22,744,734      23,617,251           872,517

Town Fund                               0                      0                      0

Federal                        1,324,853        1,324,853                      0

Total                          24,069,587      24,942,104           872,517

(b)  These changes are made:

(1)  to add $1,000,000 in additional funds in support of the department’s computer system upgrade project; and

(2)  to eliminate $127,483 in funding for drivers education consistent with Sec. 26 of this Act which increases the maximum amount of transportation funds that may be appropriated for the support of general government by such amount.

* * * U.S. Route 5; Hartford Utility Relocations * * *

Sec. 17.  U.S. ROUTE 5; HARTFORD UTILITY RELOCATIONS

(a)  Notwithstanding 19 V.S.A. chapter 16 or any other law or rule of law pertaining to relocation of utility facilities to accommodate highway construction, the agency of transportation, in connection with the Hartford RS 0113(40) (reconstruction of U.S. 5) project, is authorized to pay the cost of relocating municipal utilities located within the state highway right-of-way.

(b)  The town of Hartford shall be responsible for reimbursing the agency for:

(1)  nonfederal funds required to match the $1.2-million federal earmark provided in the Safe, Accountable, Flexible, Efficient Transportation Equity Act:  A Legacy for Users (SAFETEA-LU), Pub. L. 109-59;

(2)  municipal utility relocation costs which are in excess of the earmarked federal funds and any nonfederal funds required to match the earmarked federal funds; and

(3)  municipal utility relocation costs which are not eligible for federal participation. 

* * * Cancellation of Projects * * *

Sec. 18.  CANCELLATION OF PROJECTS

Pursuant to 19 V.S.A. § 10g(f) (legislative approval for cancellation of projects), the general assembly approves cancellation of the following projects:

(1)  Program development - roadway:

(A)  Wilmington NH 010-1(33) (VT 9 bypass of Wilmington village) (town vote rejected bypass recommendation contained in final environmental impact statement);

* * * Railroads * * *

Sec. 19.  APPROVAL OF TRANSACTIONS REGARDING

               STATE-OWNED RAILROAD PROPERTY

(a)  Subject to the rights of the Washington County Railroad Company under its June 4, 2003 operating agreement, the secretary of transportation, as agent for the state of Vermont, is authorized to sell, for fair market value, the following parcels of land along the state-owned railroad line between Hartford (White River Junction) and Newport City:

(1)  town of St. Johnsbury; valuation section V43/61; 2,035 square feet on the westerly side of railroad, currently under lease and used as parking lot for retail store, to be conveyed to ECH, LC;

(2)  town of Lyndon; valuation section V43/70; land on westerly side of Lyndonville railroad yard, to be conveyed to abutting landowner Hebert Properties, LLC;

(3)  town of Lyndon; valuation section V43/70; land on westerly side of Lyndonville railroad yard, to be conveyed to Estate of Donald B. Pearson;

(4)  town of Lyndon; valuation section V43/70; land on westerly side of Lyndonville railroad yard, between church and railroad and currently used for church parking, to be conveyed to Lyndonville United Methodist Church;

(5)  town of Lyndon; valuation section V43/70; land on westerly side of Lyndonville railroad yard, between parsonage and railroad and currently used for church parking, to be conveyed to Lyndonville United Methodist Church;

(6)  town of Lyndon; valuation section V43/70; land on westerly side of the railroad, to be conveyed to Wheeler Building Supply, Inc.;  

(7)  town of Barton; valuation section V43/90; approximately 7,430 square feet of land under and surrounding single-family dwelling house owned by Curtis E. Varney, to be conveyed to Curtis E. Varney;

(8)  town of Barton; valuation section V43/90; approximately 1,564 square feet of land between U.S. 5 and former Libby property (144 Lake Street), to be conveyed to abutting landowner Armand St. Martin;

(9)  town of Barton; valuation section V43/90; approximately 2,109 square feet of land between U.S. 5 and former Metcalf property (146 Lake Street), to be conveyed to abutting landowner Armand St. Martin; 

(10)  town of Barton; valuation section V43/90; approximately 0.11 acres of land located between U.S. 5 and property known as 112 Lake Street, to be conveyed to abutting landowner Jackaline J. Swett; and

(11)  town of Barton; valuation section V43/90; approximately 0.12 acres of land located between U.S. 5 and property known as 120 Lake Street, to be conveyed to abutting landowner Jackaline J. Swett.

(b)  The secretary of transportation, as agent for the state of Vermont, is authorized to sell, for fair market value, the following parcels of land along the state-owned railroad line between St. Johnsbury and Swanton:

(1)  town of Danville; valuation section V50/7; land between previous and current location of Town Highway #63, to be conveyed to abutting landowners Mark A. Palmieri and Carol J. Palmieri; 

(2)  town of Morristown; valuation section V50/51; approximately 3.7 acres adjacent to engine house and currently leased for batch plant, to be conveyed to lessee S. T. Griswold & Company, Inc.; however, if this conveyance is not consummated, the Lamoille Economic Development Corporation shall have the option to purchase; and

(3)  town of Morristown; valuation section V50/51; approximately 5.3 acres under and surrounding engine house, to be conveyed to the Lamoille Economic Development Corporation. 

(c)  The conveyances authorized by this section shall not include any lands within 33 feet of the centerline of any active railroad track (unless otherwise agreed by the railroad operator) or, in the case of the former Lamoille Valley Railroad, any land within 33 feet of the centerline of the former main line track.  The conveyances shall include appropriate covenants for the protection of continuing railroad operations or, in the case of the former Lamoille Valley Railroad, railbanking and interim trail use.  The prospective purchasers shall be required to bear the cost of any required surveys as well as the cost of obtaining any required subdivision or boundary adjustment approvals.

(d)  The authority granted by this section shall expire on June 30, 2008.

Sec. 20.  5 V.S.A. § 3587 is amended to read:

§ 3587.  OBSTRUCTING CROSSING MORE THAN FIVE MINUTES;

              PENALTY; EXEMPTION

(a)  When a railroad crosses a highway or road required for farm use at rail level, the company operating such railroad shall not, nor shall its officer, agent, or employees permit an engine or railroad car, or any portion thereof, to stand on any part of such highway or road for a longer period than five minutes at any one time, or in shunting, to obstruct public traffic for a longer period than five minutes at any one time.  A person or corporation violating the provisions of this section shall be fined not more than $50.00 nor less than $5.00.

(b)  The provisions of this section shall not apply to:

(1)  any grade crossings now existing or hereinafter established over the line of railroad extending through the city of Rutland between the River Street underpass and the Pine Street overpass; and

(2)  the grade crossing in the town of Norton between the St. Lawrence & Atlantic Railroad and the class 4 town highway known as Gagnon Road (town highway #12).

Sec. 21.  AGENCY OF TRANSPORTATION POLICY FOR SELLING

               RAILROAD PROPERTY

(a)  The agency of transportation is directed to establish a policy for selling state-owned railroad property.  The policy shall, at least, address the following issues and shall set forth the criteria by which:

(1)  A decision is made or not made to sell the property.

(2)  A selling price is derived.

(3)  All offers to sell are either in or out of a bidding process and the specifics of the bidding process.

(b)  Prior to any sale of railroad property, the agency shall notify all agencies and departments of state government to afford the option of acquiring the property.

(c)  The agency shall report to the members of the house and senate committees on transportation by January 15, 2007 on the policy required by subsection (a) of this section.

Sec. 22.  AMTRAK

The agency shall not purchase, contract for construction, or otherwise contract for the use of any railroad locomotion or rolling stock equipment intended for use in connection with Amtrak services without the approval of the joint fiscal committee and the joint transportation oversight committee.  The agency shall notify members of the house and senate committees on transportation of any such submission to the joint fiscal committee and joint transportation oversight committee.

Sec. 23.  REVIEW OF STATE RAIL PROGRAM; DIALOGUE WITH

              UNIVERSITY OF VERMONT REGARDING A RAIL

               AUTHORITY

(a)  The members of the rail authority study committee established pursuant to the provisions of Sec. 33(a) of No. 80 of the Acts of 2005, shall reconvene in August 2006 and January 2007 to review the state’s rail program.  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 agency of transportation should engage in a dialogue with the University of Vermont transportation center to assess further review of a rail authority in Vermont and other possible structures.

Sec. 24.  19 V.S.A. § 10e(c) is added to read:

(c)  The agency of transportation shall, by January 15 of each year, submit a rail report to the members of the house and senate committees on transportation.  The report shall include the status of projects programmed for delivery during the previous calendar year and a summary of any changes to the agency’s organizational structure which may affect project delivery.

* * * Federal Earmarks * * *

Sec. 25.  19 V.S.A. § 7(k) is amended 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 Transportation Committees 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.  When the general assembly is not in session, upon obtaining the approval of the joint transportation oversight committee, the agency is authorized to add new projects to the transportation program in order to secure the benefits of federal earmarks.

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

Sec. 26.  19 V.S.A. § 11a is amended 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, 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 18.0 percent of the total of the prior fiscal year transportation fund appropriations and, for fiscal year 2007 shall not exceed $38,221,563 $38,349,046.00, and for fiscal year 2008 shall not exceed $37,000,000.00.

* * * Municipal Equipment Loan Fund * * *

Sec. 27.  29 V.S.A. § 1602(a) and (b) are amended to read:

(a)  Upon application of a municipality or two or more municipalities applying jointly, the state treasurer may loan money from the fund to that municipality or municipalities for the purchase of equipment.  Purchases of equipment eligible for loans from the fund shall have a useful life of at least three years and a purchase price of at least $20,000.00 but shall not be eligible for loans in excess of $90,000.00 $110,000.00 from this fund.

(b)  The treasurer is authorized to establish terms and conditions, including repayment schedules of up to three five years for loans from the fund to assure repayment of loans to the fund.  Before a municipality may receive a loan from the fund, it shall give to the treasurer security for the repayment of the funds.  The security shall be in such form and amount as the treasurer may determine and may include a lien on the equipment financed by the loan.

* * * Motor Vehicle and Highway User Fees * * *

Sec. 27a.  23 V.S.A. § 114(a)(14) is amended to read:

(14)  Certified copy three-year operating record                           8.00 12.00

Sec. 27b.  23 V.S.A. § 115(b) is amended to read:

(b)  Every identification card shall expire, unless earlier canceled, on the fourth birthday of the applicant following the date of original issue, and may be renewed every four years upon payment of a $15.00 $22.00 fee.

Sec. 27c.  23 V.S.A. § 304(b)(1) is amended to read:

(1)  Except as otherwise provided, at the request of the registrant of any motor vehicle, upon application and upon payment of an annual fee of $30.00 $35.00 in addition to the annual fee for registration.  He or she may not issue two sets of special number plates bearing the same initials or letters unless the plates also contain a distinguishing number.  Special number plates are subject to reassignment if not renewed within 60 days of expiration of the registration.

Sec. 27d.  23 V.S.A. § 307 is amended to read:

§ 307.  CARRYING OF REGISTRATION CERTIFICATE

A person shall not operate a motor vehicle nor draw a trailer or semi-trailer unless the registration certificate thereof is carried in some easily accessible place in such motor vehicle.  In case of the loss, mutilation or destruction of such certificate the owner of the vehicle described therein shall forthwith notify the commissioner and remit a fee of $7.00 $12.00 whereupon the commissioner shall furnish such owner with a duplicate certificate.  A corrected registration certificate shall be furnished by the commissioner upon request and receipt of a fee of $7.00 $12.00.

Sec. 27e.  23 V.S.A. § 323 is amended to read:

§ 323.  TRANSFER FEES

A person who transfers the ownership of a registered motor vehicle to another, upon the filing of a new application, and upon the payment of a fee of $15.00 $19.00 may have registered in his or her name another motor vehicle for the remainder of the registration period without payment of any additional registration fee, provided the proper registration fee of the motor vehicle sought to be registered is the same as the registration fee of the transferred motor vehicle.  However, if the proper registration fee of the motor vehicle sought to be registered by such person is greater than the registration fee of the transferred motor vehicle, the applicant shall pay, in addition to such fee of $15.00 $19.00, the difference between the registration fee of the motor vehicle previously registered and the proper fee for the registration of the motor vehicle sought to be registered.

Sec. 27f.  23 V.S.A. § 364 is amended to read:

§ 364.  MOTORCYCLES

The annual fee for registration of a motorcycle, with or without side car, shall be $30.00 $36.00.

Sec. 27g.  23 V.S.A. § 371(a)(1) is amended to read:

(a)(1)  The one-year and two-year fees for registration of a trailer or

semi-trailer, except contractor’s trailer or farm trailer, shall be as follows:

(A)  $15.00 $19.00 and $30.00 $33.00, respectively, when such trailer or semi-trailer has a gross weight of trailer and load of less than 1,500 pounds;

(B)  $30.00 $35.00 and $60.00 $70.00, respectively, when such trailer or semi-trailer has a gross weight of trailer and load of 1,500 pounds or more, and is drawn by a vehicle of the pleasure car type;

(C)  $30.00 $35.00 and $60.00 $70.00, respectively, when such trailer or semi-trailer is drawn by a motor truck or tractor, when such trailer or

semi-trailer has a gross weight of 1,500 pounds or more, but not in excess of 3,000 pounds;

(D)  $30.00 $35.00 and $60.00 $70.00, respectively, when such trailer or semi-trailer is used in combination with a truck-tractor or motor truck registered at the fee provided for combined vehicles under section 367 of this title.  Excepting for the fees, the provisions of this subdivision shall not apply to trailer coaches as defined in section 4 of this title nor to modular homes being transported by trailer or semi-trailer.

Sec. 27h.  23 V.S.A. § 608(a) is amended to read:

(a)  The four-year fee required to be paid the commissioner for licensing an operator of motor vehicles shall be $35.00 $39.00.  The two-year fee required to be paid the commissioner for licensing an operator or junior operator shall be $23.00 $27.00.

Sec. 27i.  23 V.S.A. § 617(d) is amended to read:

(d)  An applicant shall pay $10.00 $13.00 to the commissioner for each learner’s permit that is not a motorcycle learner’s permit or a duplicate or renewal thereof.

Sec. 27j.  23 V.S.A. § 634(a) is amended to read:

(a)  The fee for an examination for a learner’s permit shall be $20.00 $27.00.  The fee for an examination to obtain an operator’s license when the applicant is required to pass an examination pursuant to section 632 of this title shall be $5.00 $12.00.

Sec. 27k.  23 V.S.A. § 675(a) is amended to read:

(a)  Before a suspension or revocation issued by the commissioner of a person’s operator’s license or privilege of operating a motor vehicle may be terminated or before a person’s operator’s license or privilege of operating a motor vehicle may be reinstated, there shall be paid to the commissioner a fee of $50.00 $77.00 in addition to any other fee required by statute.  This section shall not apply to suspensions issued under the provisions of chapter 11 of this title nor suspensions issued for physical disabilities or failing to pass

re-examination.  The commissioner shall not reinstate the license of a driver whose license was suspended pursuant to section 1205 of this title until the commissioner receives certification from the court that the costs due the state have been paid.

Sec. 27L.  23 V.S.A. § 2002(a) is amended to read:

(a)  The commissioner shall be paid the following fees:

(1)  For any certificate of title, including a salvage certificate of title, $15.00 $28.00;

* * *

(3)  For a certificate of title after a transfer, $15.00 $28.00;

* * *

(5)  For a duplicate certificate of title, including a salvage certificate of title, $15.00 $28.00;

(6)  For an ordinary certificate of title issued upon surrender of a distinctive certificate, $15.00 $28.00;

* * *

(10)  For a certificate of title after a security interest has been released, $15.00 $28.00;

* * *

(12)  For a corrected certificate of title, $15.00 $28.00.

Sec. 27m.  23 V.S.A. § 4110(a)(8) is amended to read:

(8)  The application shall be accompanied by the proper fee.  The

four-year fee shall be $65.00 $85.00.  The two-year fee shall be $45.00 $60.00.  In those instances where the applicant surrenders a valid Vermont Class D license, the total fees due shall be reduced by:

(A)  one-quarter of the four-year fee established by section 601 of this title for each remaining full year of validity; or

(B)  one-half of the two-year fee paid for each remaining full year of validity.

Sec. 27n.  32 V.S.A. § 8903(a) and (b) are amended to read:

(a)(1)  There is hereby imposed upon the purchase in Vermont of a motor vehicle by a resident a tax at the time of such purchase, payable as hereinafter provided.  The amount of the tax shall be six percent of the taxable cost of a:

pleasure car as defined in 23 V.S.A. § 4;

motorcycle as defined in 23 V.S.A. § 4;

motor home as defined in subdivision 8902(11) of this title; or

vehicle weighing up to 10,099 pounds, registered pursuant to 23 V.S.A. § 367, other than a farm truck.

(2)  For any other motor vehicle it shall be six percent of the taxable cost of the motor vehicle or $1,100.00 $1,680.00 for each motor vehicle, whichever is smaller, except that pleasure cars which are purchased, leased or otherwise acquired for use in short-term rentals shall be subject to taxation under subsection (d) of this section.

(b)(1)  There is hereby imposed upon the use within this state a tax of six percent of the taxable cost of a:

pleasure car as defined in 23 V.S.A. § 4;

motorcycle as defined in 23 V.S.A. § 4;

motor home as defined in subdivision 8902(11) of this title; or

vehicle weighing up to 10,099 pounds, registered pursuant to 23 V.S.A. § 367, other than a farm truck.

(2)  For any other motor vehicle it shall be six percent of the taxable cost of a motor vehicle, or $1,100.00 $1,680.00 for each motor vehicle, whichever is smaller, by a person at the time of first registering or transferring a registration to such motor vehicle payable as hereinafter provided, except no use tax shall be payable hereunder if the tax imposed by subsection (a) of this section has been paid, or the vehicle is a pleasure car which was purchased, leased or otherwise acquired for use in short-term rentals, in which case the vehicle shall be subject to taxation under subsection (d) of this section.

* * * Special Purpose Vehicle Registration * * *

Sec. 29.  23 V.S.A. § 4(74) is added to read:

(74)  “Special purpose vehicle” means a vehicle that is used exclusively for a specific purpose and shall include all truck cranes, truck shovels, trucks carrying a permanently mounted water well drilling machine, well drilling tender trucks, road oilers, calcium chloride distributors, bituminous distributors, concrete form trucks, street sweepers, full or semi‑flotation applicator vehicles, graders, rubber-tired loaders, loader backhoe combinations, concrete pump trucks, and trucks used to transport buildings by the use of “transportation dollies.”

Sec. 30.  23 V.S.A. § 367(b)–(j) are amended to read:

(b)  The annual fee for registration of a truck crane or truck shovel special purpose vehicle shall be $105.00 $112.00.

(c)  The annual fee for registration of the so-called fork lift truck, without load, shall be $65.00.

(d)  The annual fee of a truck carrying a permanently mounted water well drilling machine is $65.00, and the annual fee for a well drilling tender truck is $105.00.

(e)  The annual fee for registration of each road oiler, calcium chloride distributor or bituminous distributor shall be $105.00.

(f)(1)  The annual fee for registration of a farm truck of a total weight, determined as provided in subsection (a) of this section, used only for the transportation of agricultural products produced on, and material to be used in connection with the operation of, a farm or farms owned, operated, or occupied by the registrant, or motor trucks which are agricultural custom service vehicles as defined in subdivision 4(70) of this title, shall be $40.00 if the total weight is less than 18,000 pounds.  If the gross weight is at least 18,000 pounds but is less than 35,000 pounds, the fee shall be $61.00.  If the gross weight is at least 35,000 pounds but does not exceed 60,000 pounds, the fee shall be $115.00.  If the gross weight exceeds 60,000 pounds but does not exceed 80,000 pounds, the fee shall be $182.50.

(2)  In the event that a farm truck or agricultural custom service vehicle so registered is thereafter registered for general use during the same registration year, the fee or a pro rata portion thereof shall be applied toward the fee for general registration.  The provisions of this subdivision shall not apply to licensed cattle and poultry dealers.

(g)  The annual fee for registration of a truck utilized for the single purpose of carrying concrete forms shall be $105.00.

(h)  The annual fee for registration of each street sweeper, full or semi-flotation applicator vehicles, grader, rubber-tired loader and loader backhoe combination shall be $105.00.

(e)  Loader backhoes used primarily for agricultural related purposes are exempt from the provisions of this subsection section.

(i)(f)  The annual fee for registration of a truck used for logging shall be determined pursuant to the provisions of subsection (a) of this section.  Trucks used for logging shall be those motor vehicles used exclusively for the transportation of harvested forest products from a forested site.

(j)  The annual registration fee for registration of a truck used exclusively to transport a building by the use of a “transportation dolly” as defined in subdivision (54) of section 4 of this title shall be $105.00.

* * * Elders and Persons with Disabilities Funding Formula * * *

Sec. 31.  PUBLIC TRANSIT; ELDERS AND PERSONS WITH

               DISABILITIES FUNDING FORMULA

The agency of transportation shall, in concert with the elders and persons with disabilities advisory committee, review the elders and persons with disabilities funding formula for the effectiveness of the mileage component.  The agency shall adjust the funding formula, if appropriate, before the state fiscal year 2007 allocations are announced.

* * * Closed Season for Snowmobile Operation * * *

Sec. 32.  23 V.S.A. § 3201(12) is amended to read:

For the purposes of this chapter:

* * *

(12)  “Closed season” shall be defined as the time from April 16 to the Sunday in December preceding the third Monday December 14.

* * * Transportation Program * * *

Sec. 33.  19 V.S.A. § 10g(d) and (e)(1) are amended to read:

(d)(1)  In addition to the multiyear transportation program described in subsection (a) of this section, the agency shall annually present to the general assembly an analysis of the balance between the state’s commitments to transportation projects and total available resources for projects over the ten‑year period commencing with the fiscal year of the transportation program.  The analysis shall include, on a current dollar basis, an estimate of the total remaining cost of all projects in construction, development, and evaluation or candidate status in the agency’s proposed multiyear transportation program, including individual estimates and projected schedules for all projects with a total project cost estimate in excess of $10 million, and an estimate, on a current dollar basis, of the total resources projected to be available to cover project expenses during the ten-year period.

(2)  The projection of available resources called for in subdivision (1) of this subsection shall be determined in the following manner.  Total appropriations to the agency exclusive of internal service funds for each of the five previous fiscal years shall be determined.  From that total for each fiscal year shall be deducted appropriations for annual programs and other noncapital project agency activities.  Appropriations for administration, overhead, and other ongoing agency functions required for the support of capital project activities shall be apportioned on a reasonable basis and added back to the total which shall represent the total of appropriations for and in support of the agency’s capital project activities for that fiscal year.  The resulting appropriations totals of capital project-related appropriations shall be adjusted for inflation in a procedure approved by the joint fiscal committee.  The resulting inflation adjusted figures for the five previous fiscal years shall be averaged, and the average multiplied by ten shall be used as the estimate of the total resources projected to be available to cover project expenses during the ten-year period.

(3)  To the extent the estimate of remaining costs exceeds the estimate of available resources, the agency shall submit to the general assembly a plan to bring costs and resources into balance.  The plan shall include recommendations regarding the scheduling, suspension, or cancellation of projects, cost saving initiatives, revenue raising initiatives, and other organizational, project design, project execution, or financial measures or initiatives which shall ensure that the state’s commitments will be adequately and realistically funded.

(e)  In addition to the multiyear transportation program described in subsection (a) of this section, the agency shall annually present to the general assembly a description of all projects with respect to which:

(1)  the total project cost estimate exceeds $5,000,000.00 $10,000,000.00;

* * * Prioritization Schedule for all Transportation Projects * * *

Sec. 34.  19 V.S.A. § 10b(c) is added to read:

(c)  The agency of transportation, in developing each of the program prioritization systems schedules for all modes of transportation, shall include the following throughout the process:

(1)  The agency shall annually solicit input from each of the regional planning commissions on regional priorities within each schedule, and those inputs shall be factored into the prioritizations for each program area.  The agency shall work with the regional planning commissions in developing a standardized method for all of the regional inputs, and the weight assigned for regional inputs to each category shall be conspicuously noted in each schedule.  The commissions shall be afforded the opportunity of adding new projects to the schedules.

(2)  Each year the agency shall provide in the front of the transportation program book a detailed explanation describing the factors in the prioritization system that creates each project list.

(3)  The noninterstate primary state system shall have the same importance factor attached to it as the interstate primary system.

* * * Highway Improvement Projects – Pavement Condition * * *

Sec. 35.  19 V.S.A. § 10c(k) is added to read:

(k)  The agency of transportation, in establishing the priority for highway improvement projects, shall provide that not more than 20 percent of highways in the pavement condition index be rated in the category of very poor.

* * * Enhancement Grant Program * * *

Sec. 36.  19 V.S.A. § 38(b), (g), and (h) are amended to read:

(b)  The Vermont transportation enhancement grant program is created.  The grant program shall be funded as provided in subsection (c) of this section and shall be administered by the agency.  The grant program shall be limited to enhancement activities as defined in 23 U.S.C. § 101(a)(35) which are sponsored by municipalities, nonprofit organizations, or political subdivisions of the state other than the agency.  Notwithstanding subsection (c) of this section, in fiscal year 2008 and thereafter, the agency may use federal-aid funding available under the enhancement grant program to acquire and construct one new salt and sand shed which shall not exceed a project cost of $300,000.00.  Eligible applicants must provide all funds required to match federal funds awarded for an enhancement project.  All grant awards shall be decided and awarded by the transportation enhancement grant committee.

(g)  In Ten percent of the grant program each year or such lesser sum if all eligible applications amount to less then 10 percent shall be reserved for municipalities for eligible salt and sand shed projects.  Regarding the balance of grant program funds, in evaluating applications for enhancement grants, the transportation enhancement grant committee shall give preferential weighting to projects involving as a primary feature a bicycle or pedestrian facility.  The degree of preferential weighting and the circumstantial factors sufficient to overcome the weighting shall be in the complete discretion of the transportation enhancement grant committee. 

(h)  The agency shall develop an outreach and marketing effort designed to provide information to communities with respect to the benefits of participating in the enhancement program.  This effort The outreach and marketing activities shall include apprising municipalities of the availability of grants for salt and sand sheds.  The outreach effort should be directed to areas of the state historically underserved by this program.

* * * Town Highway Bridge and Culvert Inventory * * *

Sec. 37.  TOWN HIGHWAY BRIDGE AND CULVERT INVENTORY

The agency of transportation is directed to complete and deploy an integrated software product by November 1, 2006 to handle data entry, access and status reporting of town bridge and culvert inventories currently collected by regional planning commissions (RPCs), the metropolitan planning organization, and towns and their contractors.  The software product shall conform to the specifications defined in the VGIS Bridge and Culvert Data Exchange Standard (VGIS Handbook:  Part 2 - Standards - Section H).  All town bridge and culvert inventory data which have been collected and which hereafter are collected by regional planning commissions in a data format conforming to the specifications of the VGIS Bridge and Culvert Data Exchange Standard shall be made available by the regional planning commissions to the Vermont center for geographic information which shall make such data available to the agency and to the general public on its website.  The agency of transportation shall encourage the RPCs and the metropolitan planning organization to complete the inventories for their region, and shall annually update the house and senate committees on transportation on the status of the data collection by regional planning commissions.

* * * Fiscal Year 2006 Reversion * * *

Sec. 38.  FISCAL YEAR 2006 REVERSION

Notwithstanding any other provision of law, in fiscal year 2006, the sum of $200,000 of the fiscal year 2006 rail program appropriation as approved in Sec. 232 of No. 71 of the Acts of 2005 shall revert to the transportation fund.

* * * Diesel Fuel Tax * * *

Sec. 39.  23 V.S.A. § 3003(a) is amended to read:

(a)  A tax of 25 31 cents per gallon and a fee of one cent per gallon is imposed on each gallon of fuel established pursuant to the provisions of 10 V.S.A. § 1942:

(1)  sold or delivered by a distributor; or

(2)  used by a user.

* * * Gasoline Tax * * *

Sec. 40.  23 V.S.A. § 3106(a) is amended to read:

(a)  Except for sales of motor fuels between distributors licensed in this state, which sales shall be exempt from the tax, in all cases not exempt from the tax under the laws of the United States at the time of filing the report required by section 3108 of this title, each distributor shall pay to the commissioner a tax of 19 23 cents per gallon upon each gallon of motor fuel sold by the distributor.  The distributor shall also pay to the commissioner a tax in the same amount upon each gallon of motor fuel used within the state by him or her.

Sec. 40a.  DIESEL FUEL AND GAS TAX RATE SUNSET

Sec. 39 and Sec. 40 of this act shall take effect July 1, 2006 and shall terminate June 30, 2011.  On and after July 1, 2011 the rate of the diesel fuel tax in 23  \V.S.A. § 3303(a) shall revert to 25 cents per gallon, and the rate of the gasoline tax in 23 V.S.A. § 3016(a) shall revert to 19 cents per gallon.  

* * * Town Highway Fund * * *

Sec. 41.  19 V.S.A. § 306b is added to read:

§ 306b.  TOWN HIGHWAY SPECIAL FUND

(a)  The town highway special fund is established in the treasury as a special fund to be a source of financing for town highway programs.

(b)  Into the fund shall be deposited:

(1)  8/31sts of the diesel fuel tax revenue collected pursuant to 23 V.S.A. § 3003;

(2)  8/25ths of the gasoline tax revenue collected pursuant to 23 V.S.A. § 3106; and

(3)  the proceeds from any other sources of revenue as may be provided by act of the general assembly.

(c)  The fund shall be administered pursuant to subchapter 5 of chapter 7 of Title 32, except that interest earned on the fund and any remaining balance shall be retained in the fund.  The agency of transportation shall maintain records indicating the amount of money in the fund at any time.

(d)  All monies received by or generated to the fund shall be used as appropriated by the general assembly for the town highway state aid, town highway structures, town highway class 2 roadway, and town highway class 1 supplemental aid programs.

* * * Town Highway Structures and Class 2 Roadway Programs * * *

Sec. 42.  19 V.S.A. § 306(e) and (h) are amended to read:

(e)  State aid for town highway structures.  There shall be an annual appropriation for grants to municipalities for maintenance, including actions to extend life expectancy, and construction of bridges, culverts, and other structures, including causeways and retaining walls, intended to preserve the integrity of the traveled portion of class 1, 2, and 3 town highways.  Each fiscal year, the agency shall approve qualifying projects with a total estimated state share cost of $3,490,000.00 at a minimum equal to ten percent of the consensus forecast revenue of the town highway fund for the fiscal year as new grants.  The agency’s proposed appropriation for the program shall take into account the estimated amount of qualifying invoices submitted to the agency with respect to project grants approved in prior years but not yet completed as well as with respect to new project grants to be approved in the fiscal year.  In a given fiscal year, should expenditures in the town highway structures program exceed the amount appropriated, the agency shall advise the governor of the need to request a supplemental appropriation from the general assembly to fund the additional project cost, provided that the agency has previously committed to completing those projects.

(h)  Class 2 town highway roadway program.  There shall be an annual appropriation for grants to municipalities for resurfacing, rehabilitation, or reconstruction of paved or unpaved class 2 town highways.  Each fiscal year, the agency shall approve qualifying projects with a total estimated state share cost of $4,240,000.00 at a minimum equal to 15 percent of the consensus forecast revenue of the town highway fund for the fiscal year as new grants.  The agency’s proposed appropriation for the program shall take into account the estimated amount of qualifying invoices submitted to the agency with respect to project grants approved in prior years but not yet completed as well as with respect to new project grants to be approved in the fiscal year.  In a given fiscal year, should expenditures in the town highway class 2 roadway program exceed the amount appropriated, the agency shall advise the governor of the need to request a supplemental appropriation from the general assembly to fund the additional project cost, provided that the agency has previously committed to completing those projects.

* ** Discretionary Spending Authority * * *

Sec. 43.  DISCRETIONARY SPENDING AUTHORITY

Spending authority in the amount of $475,000 in transportation funds shall be allocated in the discretion of the secretary to advance the Bellows Falls rail tunnel project and projects in the state’s fiscal year 2007 transportation program in program development.

* * * Central Garage Fund * * *

Sec. 44.  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.  In fiscal year 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, and in fiscal year 2008, an amount equal to eight-tenths of one percent, 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.

Sec. 45.  Sec. 69b(c) of No. 6 of the Acts of 2005, as amended by Sec. 77 of H.617 the Acts of 2006 is amended to read:

(c)  In fiscal year 2006, the agency of transportation shall revert $2,600,000 from the appropriation of transportation funds for paving and bridge projects and transfer that amount to the highway central garage fund. appropriations to the agency of transportation for the paving, state bridge and town bridge projects referenced in subsection (a) of this section shall be reduced by the aggregate amount of $2,600,000 and $2,600,000 shall be transferred to the highway central garage fund. 

Sec. 46.  PURCHASE AND USE TAX STUDIES

(a)  There is created a working group of members of the staff of the Joint Fiscal Office and the staff of the Legislative Council, who together with representatives of the Department of Motor Vehicles and the Department of Taxes, shall study and assess the impact of amendments to the purchase and use tax set out in subsection (b) of this section.

(b)  The working group shall analyze the fiscal and budgetary impact, the  amount of any offsetting reductions in state fuel taxes possible, any administrative and management concerns, and the effect on the public of:

(1)  assessing the purchase and use tax on the full taxable cost of the vehicle purchased by repealing the current deduction from the taxable cost of any trade in value; and

(2)  assessing a surcharge or adjusting the purchase and use tax rate based upon the fuel efficiency of the vehicle to be registered.

(c)  The working group shall report its findings and analyses to the House Committee on Ways and Means, the Senate Committee on Finance and the Committees on Transportation of the House and Senate no later than January 15, 2007.

Sec. 47.  19 V.S.A. § 10g(e) is amended to read:

(e)  In addition to the multiyear transportation program described in subsection (a) of this section, the agency shall annually present to the general assembly The agency’s annual transportation program shall include a description of all projects with respect to which:

(1)  the The total project cost estimate exceeds $5,000,000.00;

(2)  federal Federal funds are proposed to be used to cover a portion of the project costs; and

(3)  approval Approval of the proposed activity and expenditure of federal funds on the project would expose the state to potential liability to reimburse the federal government in the event the project is subsequently cancelled.

Sec. 48.  19 V.S.A. § 10g(n) is added to read:

(n)  The agency’s annual transportation program with respect to the proposed expenditure of all federal funds shall identify the federal fiscal year in which the proposed expenditure of federal funds was appropriated or anticipated to be appropriated by Congress.

Sec. 49.  19 V.S.A. § 10g(o) is added to read:

(o)  The agency’s annual transportation program shall include a

program-by-program description of all federal funds which are available for expenditure during the ensuing state fiscal year to which the transportation program pertains as defined in this subsection.  For purposes of this subsection, federal funds which are available for expenditure during the ensuing state fiscal year to which the transportation program pertains shall:

(1)  Include all federal funds which were appropriated by Congress in prior fiscal years and which have not been expended pursuant to a prior fiscal year state transportation program, regardless of the obligation status of the federal funds;

(2)  Include all federal funds which are anticipated by the agency to be appropriated by Congress during the course of the ensuing state fiscal year regardless of the obligation status of the federal funds;

(3)  Limit the scope of subdivisions (1) and (2) of this subsection by excluding all federal earmark funds designated for specific projects;

(4)  Limit the scope of subdivisions (1) and (2) of this subsection by excluding all federal funds obligated to projects that have been identified pursuant to subsection (e) of this section in a previous annual transportation program; and

(5)  Limiting the scope of subdivisions (1) and (2) of this subsection by excluding all federal funds identified in the statewide transportation improvement program (STIP) in effect as of the date of the agency’s delivery of the proposed transportation program to the general assembly.

Sec. 50.  19 V.S.A. § 10g(p) is added to read:

(p)  The agency’s annual transportation program shall include a

project-by-project description in each program of all proposed spending of funds for the development and evaluation of projects.  In the approved annual transportation program, these funds shall be reserved to the identified projects subject to the secretary’s authority under subsection 10g(h) of this title.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us