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BILL AS INTRODUCED 2007-2008

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H.216

Introduced by Representatives Jewett of Ripton and Sharpe of Bristol

Referred to Committee on

Date:

Subject:  Highways; agency of transportation; cost overruns; notification to municipalities

Statement of purpose:  This bill proposes to require the secretary of transportation to report to the general assembly, or when the general assembly is not in session, to the joint transportation oversight committee at its regular meetings, on all projects in the roadway, state bridge, interstate bridge, and town bridge programs that have authorized spending of $200,000.00 or more, or a cost overrun equal to 10 percent or more of the authorized spending, or both.

AN ACT RELATING TO AGENCY OF TRANSPORTATION REPORTING AND NOTIFICATION ON PROJECT COST OVERRUNS

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


Sec. 1.  19 V.S.A. § 10h is amended to read:

§ 10h.  Adjustments to existing projects; suspension of

             overruns; cooperative interstate agreement

(a)  The agency shall immediately notify a municipality in which a project is located when the current construction cost estimate for a project estimate exceeds the last approved construction cost estimate.

(b)  On or before December 31 of each year, the agency shall inform the house and senate committees on transportation of any project of $200,000.00 or more for which the current construction cost estimate exceeds the last approved construction cost estimate by 10 percent of the authorized spending.

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

(b)(d)  In connection with any authorized construction project in the state of Vermont which extends into or affects an adjoining state, the agency, on behalf of the state of Vermont, may enter into a cooperative agreement with the adjoining state or any political subdivision of an adjoining state which apportions duties and responsibilities for planning preliminary engineering, including environmental studies, right-of-way acquisition, construction, and maintenance.

Sec. 2.  19 V.S.A. § 12b(d) is amended 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 project spending in the fiscal year of $500,000.00 $200,000.00 or more with, or a cost overrun equal to 20 10 percent or more of the authorized spending, or both, or generating project savings, or delayed project available funding equal to 20 10 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. 3.  19 V.S.A. § 306(k) is added to read:

(k)  Notice of bids to municipalities.  Prior to awarding a contract for program management, construction, construction management, feasibility studies, preliminary engineering, design engineering, surveying, mapping, or architectural-related services with respect to projects requiring a local match of any percentage or dollar amount, the agency shall disclose all bids to the legislative body of the municipality in which all or a portion of the project is located, and provide for an opportunity to review and submit comments.

Sec. 4.  19 V.S.A. § 309a(d) is added to read:

(d)  The agency shall submit to the legislative body of a municipality a

line-item invoice for any expenses to be covered by the local match portion of a project’s cost.

Sec. 5.  19 V.S.A. § 309b(d) is added to read:

(d)  The agency shall submit to the legislative body of a municipality a

line-item invoice for any expenses to be covered by the local match portion of a project’s cost.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us