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BILL AS PASSED BY HOUSE 2007-2008

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H.540

AN ACT RELATING TO PUBLIC TRANSIT

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

* * * Public Transit Program * * *

Sec. 1.  PUBLIC TRANSIT PROGRAM

(a)  In the agency of transportation’s fiscal year 2008 state transportation program, authorized spending in the public transit program is amended to read:

FY08                               As Proposed    As Amended             Change

Personal services                948,669           948,669                      0

Operating expenses               77,517             77,517                      0

Grants                           16,225,259      19,732,065        3,506,806

Other                                             0                      0                       0

Total                              17,251,445      20,758,251        3,506,806

Sources of funds                                                               

State                                5,899,044        6,569,405           670,361

Town Fund                                    0                      0                      0

Federal                          11,352,401      14,157,846        2,805,445

Federal toll credits                        0             31,000             31,000

Total                              17,251,445      20,758,251        3,506,806


(b)  These changes are made:

(1)  To add $130,361 in transportation funds, $31,000 in federal toll credits and $645,445 in federal funds for capital assistance – equipment replacement; and

(2)  To add an additional $2,160,000 in federal funds and $540,000 in matching transportation funds for capital assistance – equipment replacement.  This additional spending authority is contingent upon additional federal funds being made available to the state pursuant to Sec. 2005 of Public Law 109-59 (109th Congress)(“Sec. 2005 funds”).  Whenever such Sec. 2005 funds are made available to the state, the agency shall utilize such funds on eligible, approved transportation projects and re-allocate the federal funds and matching state funds associated with such projects to the public transit – equipment replacement program.

(c)  The contingent spending authority defined in subsection (b)(2) of this section shall continue forward to subsequent fiscal years until all Sec. 2005 funds to which the state is entitled have been made available to the state and until all Sec. 2005 funds have been utilized so as to generate federal funds and matching state funds which are eligible for use in the public
transit – equipment replacement program.

(d)  Notwithstanding subsections (a) and (b) of this section, the agency may utilize the identified federal toll credits to satisfy the state matching requirement for use of federal funds on any approved project in the transportation program provided budgetary measures are taken to apply the transportation funds so replaced to the uses as provided herein.

Sec. 2.  APPROPRIATIONS – PUBLIC TRANSIT PROGRAM

(a)  The following amounts are appropriated for the fiscal year 2008 public transit program of the state transportation program:

Personal services                     948,669                       

Operating expenses                   77,517                       

Grants                                 19,732,065                       

Total                              20,758,251

Sources of funds                                                               

State                                    6,569,405                       

Federal                               14,157,846

Toll credits                                31,000

Total                              20,758,251                       

(b)  Of the above appropriation, $2,160,000 in federal funds, and $540,00 in transportation funds are contingent upon the conditions specified in Sec. 1(b)(2) of this Act.


* * * Appropriation of Federal Funds * * *

Sec. 3.  APPROPRIATION OF FEDERAL FUNDS

(a)  Contingent upon federal funds being made available to the state pursuant to Sec. 2005 of Public Law 109-59 (109th Congress)(“Sec. 2005 funds”):

(1)  $1,000,000 of such Sec. 2005 funds are appropriated to public
safety – criminal justice services and authorized for use by the Governor’s Highway Safety Program, and

(2)  $2,700,000 of such Sec. 2005 funds are appropriated to the agency of transportation – program development and authorized for use as directed in Sec.1(b)(2) of this Act.

(b)  The appropriations authority defined in subsection (a) of this section shall continue forward to subsequent fiscal years until all Sec. 2005 funds to which the state is entitled have been made available to the state.

* * * Public and Critical Care Transportation Study Committee * * *

Sec. 4.  PUBLIC AND CRITICAL CARE TRANSPORTATION STUDY
 COMMITTEE

(a)  A critical care transportation legislative study committee is established, consisting of the secretary of transportation or designee; the agency of transportation’s public transit administrator or designee; the secretary of human services or the director of housing and transportation; the commissioner of disabilities, aging and independent living or designee; the director of the office of Vermont health access or designee; the chair of the house committee on transportation or designee; the chair of the house committee on appropriations or designee; the chair of the house human services committee or designee; the chair of the senate committee on transportation or designee; the chair of the senate committee on appropriations or designee; the chair of the senate health and welfare committee or designee; a representative of the Vermont area agencies on aging; a representative of the Vermont center for independent living; a representative of the Vermont association of adult day care services; a representative of the Vermont public transportation association to represent rural public transportation providers; a representative of the Vermont public transportation association to represent urban public transportation providers; a representative of the Vermont kidney foundation; and a representative of the American Cancer Society.  For the purposes of this section, critical care transportation is defined as transportation to and from dialysis and cancer treatment medical services for Vermonters not eligible for Medicaid transportation services.  The committee shall be co‑chaired by the secretary of human services, or the housing and transportation director, and the agency of transportation’s public transit administrator.  The committee is authorized to hold up to six meetings, at which point it is terminated.  Legislative members of the committee shall be entitled to per diem compensation and expense reimbursement as provided in 2 V.S.A. § 406(a).

(b)  The sum of $200,000.00 is appropriated from the general fund to the department of disabilities, aging, and independent living, on a one‑time basis, to provide supplemental funding to the elderly and disabled transportation program, exclusively for critical care transportation.  This appropriation is intended to supplement elderly and disabled transportation program funds for critical care transportation appropriated for fiscal year 2008, and agencies receiving such funding shall, at a minimum, maintain in fiscal year 2008 the funding amounts initially programmed by the regional elderly and disabled advisory committees in fiscal year 2007 for critical care transportation.

(c)  The commissioner of the department of disabilities, aging and independent living shall disburse the funds appropriated in subsection (b) of this section to agencies that have grant agreements with the agency of transportation for the provision of elderly and disabled transportation services after considering recommendations for disbursal from the critical care legislative study committee.  The committee shall make specific recommendations on the disbursal of these supplemental funds that, to the greatest extent practicable and within funding limitations of this appropriation, support Vermonters’ needs for critical care transportation services.

(d)  The committee shall review the current service delivery system for critical care transportation, and develop recommendations for program administration approaches that will insure critical care transportation program stability, and eliminate annual regional fluctuations of need, and make policy recommendations toward the establishment of prudent and predictable funding that is tied to clear policy objectives determined to be reasonable, sustainable, and affordable.  The committee shall consider such issues as program coordination among not‑for‑profit agencies and funding sources, sustainability of funding, ease of administration, compatibility with other programs, need for service, and other issues it deems relevant to determine its recommendations.

(e)  The agency of human services, agency of transportation, legislative council, and joint fiscal office shall provide administrative and staff support for the committee.

(f)  The committee shall deliver its report, including any recommendations for proposed legislation, to the house and senate committees on appropriations and transportation, to the house human services committee, and the senate health and welfare committee by December 1, 2007.  


* * * Emissions Labeling for New Vehicles * * *

Sec. 5.  10 V.S.A. § 579 is added to read:

§ 579.  VEHICLE EMISSIONS LABELING PROGRAM FOR NEW
 MOTOR  VEHICLES

(a)  Not later than September 1, 2009, the commissioner of environmental conservation, in consultation with the commissioner of motor vehicles, shall establish a vehicle emissions labeling program for new motor vehicles sold or leased in the state with a model year of 2010 or later.

(b)  Vehicle emissions labels under this program shall include the vehicle’s emissions score, comparing the vehicle’s emissions with the emissions from all vehicle models of the same model year for which a label is required, presented in both a continuous bar format and a single qualitative score or in an alternative graphical representation that the commissioner of environmental conservation determines will more effectively convey the information to consumers.  The label shall also include the average vehicle emissions score for vehicles within the same vehicle class as the vehicle to which the label is affixed and any other relevant information, as determined by the commissioner of environmental conservation.  The commissioner of environmental conservation is encouraged to consult with the counterparts in California and Connecticut who have advanced a comparable program in those states, and is additionally encouraged to develop a model whereby the automobile manufacturers install the labels.

(c)  The vehicle emissions label shall be affixed to the vehicle in a clearly visible location, as determined by the commissioner of environmental conservation and the commissioner of motor vehicles.

(d)  No new motor vehicle with a model year of 2010, or later, shall be sold or leased in the state without a vehicle emissions label that meets the requirements of this section affixed to it.

* * * Town Highway Emergency Fund * * *

Sec. 6.  TOWN HIGHWAY EMERGENCY FUND

Funding of the town highway emergency fund for fiscal year 2008 is amended to read:

FY08                               As Proposed    As Amended             Change

Personal Services                           0                      0                      0

Operating Expenses                       0                      0                      0

Grants                              1,185,893           377,000          -808,893

Total                                1,185,893           377,000          -808,893

Sources of funds

State                                1,185,893           377,000          -808,893

Town Fund                                    0                      0                      0

Federal                                          0                      0                      0

Local                                             0                      0                      0

Total                                1,185,893           377,000          -808,893

Sec. 7.  PRIMARY SEAT BELT ENFORCEMENT

(a)  Repeal.  23 V.S.A. § 1259(e) (secondary enforcement of safety belt law) is repealed.

(b)  Acceptance of federal funds.  The state is authorized to accept the anticipated $3,700,000.00 of federal funds and any additional funding available from the federal government attributable to the passage of this act.

(c)  Effective date.  This section shall take effect from passage.

Sec. 8.  23 V.S.A. § 1201 is amended to read:

§ 1201.  OPERATING VEHICLE UNDER THE INFLUENCE OF
  INTOXICATING LIQUOR OR OTHER SUBSTANCE; CRIMINAL
  REFUSAL

(a)  A person shall not operate, attempt to operate, or be in actual physical control of any vehicle on a highway:

(1)  when the person’s alcohol concentration is 0.08 or more, or 0.02 or more if the person is operating a school bus as defined in subdivision 4(34) of this title; or

(2)  when the person is under the influence of intoxicating liquor; or

(3)  when the person is under the influence of any other drug or under the combined influence of alcohol and any other drug to a degree which renders the person incapable of driving safely; or

(4)  when the person’s alcohol concentration is 0.04 or more if the person is operating a commercial motor vehicle as defined in subdivision 4103(4) of this title.

* * *

(g)  For purposes of this section and section 1205 of this title, “vehicle” shall include a tractor as defined in subdivision 4(39) of this title and a farm tractor as defined in subdivision 4(68) of this title.  



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us