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BILL AS PASSED HOUSE AND SENATE 2007-2008

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H.889

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 2009 transportation program appended to the agency of transportation’s proposed fiscal year 2009 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.


* * * State Bridges * * *

Sec. 2.  PROGRAM DEVELOPMENT – STATE BRIDGES

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

(1)  Funding of the state bridge development and evaluation program is amended to read:

     FY09              As Proposed              As Amended                 Change

PE                       1,049,648                                0           -1,049,648

ROW                     256,419                                0              -256,419

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                    1,306,067                                0           -1,306,067

Sources of funds

State                       263,993                                0              -263,993

Federal                1,042,074                                0           -1,042,074

Local                                 0                                0                           0

Total                    1,306,067                                0           -1,306,067

(2)  Funding is added as follows to advance state bridge projects not scheduled for construction in fiscal year 2009.  The authorized funds shall be expended on projects according to their priority ranking.  To the extent the agency determines that the funds would be more efficiently spent advancing a lower ranking project due to permitting, right-of-way, or other practical constraints that impede the advancement of a higher ranking project, the agency shall substantiate and report its determination to the joint transportation oversight committee at its July 2008 meeting.

FY09                   As Proposed              As Amended                 Change

PE, ROW or other             0                  1,306,067             1,306,067

Total                                  0                  1,306,067             1,306,067

Sources of funds

State                                  0                     263,993                263,993

Federal                              0                  1,042,074             1,042,074

Local                                 0                                0                           0

Total                                  0                  1,306,067             1,306,067

* * *  Roadway * * *

Sec. 3.  PROGRAM DEVELOPMENT – ROADWAY

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

(1)  Authorized spending on the Cabot-Danville FEGC F 028-3(26)C/1 project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                 0                                0                           0

Construction        3,700,000                  1,000,000           -2,700,000

Other                                 0                                0                           0

Total                    3,700,000                  1,000,000           -2,700,000

Sources of funds

State                       185,000                       50,000              -135,000

Federal                3,515,000                     950,000           -2,565,000

Local                                 0                                0                           0

Total                    3,700,000                  1,000,000           -2,700,000

(2)  Authorized spending on the Hartford-Newbury I-91 IM 091-2(72) project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                 0                                0                           0

Construction        4,500,000                                0           -4,500,000

Other                                 0                                0                           0

Total                    4,500,000                                0           -4,500,000

Sources of funds

State                       900,000                                0              -900,000

Federal                3,600,000                                0           -3,600,000

Local                                 0                                0                           0

Total                    4,500,000                                0           -4,500,000

(3)  Authorized spending on the Derby GSA border crossing IM 091‑34(45) project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                 0                                0                           0

Construction                      0                                0                           0

Other                      287,500                                0              -287,500

Total                       287,500                                0              -287,500

Sources of funds

State                       287,500                                0              -287,500

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       287,500                                0              -287,500

(4)  The following project has received a federal earmark and is added to program development – roadway program – roadway projects candidates list: Bristol STP 021-1 ( ) – Downtown Streetscape and Sidewalk Improvements – $240,000; 100 percent federal funds available until expended.

(5)  The following project has received a federal earmark and is added to program development – roadway program – roadway projects candidates list: Essex Junction STP 5300 ( ) – Route 15 Streetscape Improvements – $1,641,500 to be allocated between this project and the existing project Colchester TCSP TCSE (7) – Campus Connector; 100 percent federal funds available until expended.

* * *  Paving * * *

Sec. 4.  PROGRAM DEVELOPMENT – PAVING

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

(1)  Total authorized spending in the paving program is increased by $100,910 in transportation funds and $403,640 in federal funds.  The agency shall allocate the additional funds to paving projects in its discretion.

* * * 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:

(1)  The following project has received a federal earmark and is added to program development – bike and pedestrian facilities – bike and pedestrian facilities candidates list as follows:  Bennington – STP WALK ( ) – Streetscape Improvement Project – $490,000; 100 percent federal funds available until expended.


* * * Traffic and Safety Operations * * *

Sec. 6.  PROGRAM DEVELOPMENT – TRAFFIC AND SAFETY OPERATIONS

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

(1)  The agency is authorized to add to the transportation program a signalization project at the east entrance to Fort Ethan Allen on Vermont Route 15 for the primary purpose of providing more direct public transportation service along the Chittenden County Transportation Authority’s (CCTA) Essex Junction route subject to the agency’s approval of CCTA’s innovative financing proposal for construction of the project and concurrent approval and inclusion by the Chittenden County Metropolitan Planning Organization (CCMPO) of the project in the CCMPO’s transportation improvement program (TIP).  Subject to the project being added to the transportation program, spending on the project is authorized as follows:

FY09                   As Proposed              As Amended                 Change

PE                                     0                       50,000                  50,000

ROW                                 0                                0                           0

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                                  0                       50,000                  50,000

Sources of funds

State                                  0                                0                           0

Federal                              0                                0                           0

Local                                 0                       50,000                  50,000

Total                                  0                       50,000                  50,000

* * * Park & Ride * * *

Sec. 7.  PROGRAM DEVELOPMENT – PARK & RIDE

The following modifications are made to the program development park & ride program:

(1)  Authorized spending for the Enosburg CMG-Park(20) project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                            20,112                       20,112                           0

ROW                        75,000                                0                -75,000

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                         95,112                       20,112                -75,000

 

Sources of funds                                                                             

State                                  0                                0                           0

Federal                     95,112                       20,112                -75,000

Local                                 0                                0                           0

Total                         95,112                       20,112                -75,000

* * * Transportation Buildings * * *

Sec. 8.  TRANSPORTATION BUILDINGS

The following modifications are made to the transportation buildings program:

(1)  Authorized spending of development and evaluation funds on the Essex garage and office project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                              3,000                                0                  -3,000

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                           3,000                                0                  -3,000

Sources of funds                                                                             

State                           3,000                                0                  -3,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                           3,000                                0                  -3,000

(2)  The agency shall report by January 15, 2009 to the house and senate committees on transportation on the agency’s plans for the location of maintenance facilities in Chittenden and Addison counties and in the interim shall not advance its current plan for the relocation of the facilities.

* * * Maintenance * * *

Sec. 9.  MAINTENANCE

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

FY09                               As Proposed       As Amended             Change

Personal Services               32,012,562         32,012,562                      0

Operating Expenses            32,156,492         31,632,292          -524,200

Grants                                      316,020              316,020                      0

Total                                  64,485,074         63,960,874          -524,200

Sources of funds                                                                                    

State                                  60,733,558         60,295,608          -437,950

Federal                                 3,651,516           3,565,266            -86,250

Other                                      100,000              100,000                      0

Total                                  64,485,074         63,960,874          -524,200

(b)  These changes are made to reduce funding for the purchase of temporary bridge parts and digital message signs and to reduce authorized spending in the ITS program.  Authorized spending in the ITS program includes support for the installation of RWIS stations along the Interstate 89 corridor between Royalton and Williston.

* * * Aviation * * *

Sec. 10.  AVIATION

The following modifications are made to the aviation program:

(1)  Authorized spending on the Burlington International Airport AIP program is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                          360,000                     360,000                           0

ROW                      900,000                     900,000                           0

Construction        3,210,000                  3,210,000                           0

Other                                 0                                0                           0

Total                    4,470,000                  4,470,000                           0

Sources of funds

State                       218,200                     180,000                -38,200

Federal                4,023,000                  4,023,000                           0

Local                      228,800                     267,000                  38,200

Total                    4,470,000                  4,470,000                           0

(2)  In addition to the change made in subdivision (1) of this section, total authorized spending in the aviation program is reduced by $50,000 in transportation funds.  The agency shall determine where the reductions are to be made.


* * * Bridge Maintenance * * *

Sec. 11.  BRIDGE MAINTENANCE

Authorized spending in the bridge maintenance program is reduced by $500,000 in transportation funds.

* * * Public Transit * * *

Sec. 12.  PUBLIC TRANSIT

(a)  Authorized spending in the public transit program is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                 0                                0                           0

Construction                      0                                0                           0

Other                 13,152,700                13,202,700                  50,000

Total                  13,152,700                13,202,700                  50,000

Sources of funds

State                    5,358,924                  5,408,924                  50,000

Federal                7,793,776                  7,793,776                           0

Local                                 0                                0                           0

Total                  13,152,700                13,202,700                  50,000

(b)  This change is made to increase by $50,000 authorized spending in programs funding public transit services for the elderly and people with disabilities, including critical medical care transportation services.

* * * State and Interstate Bridges * * *

Sec. 13.  STATE AND INTERSTATE BRIDGES

Authorized spending in the state and interstate bridge programs is increased by $200,000 in transportation funds and $800,000 in federal funds to be allocated as determined by the agency.

* * * Town Highway Programs * * *

Sec. 14.  TOWN BRIDGE

The following modifications are made to the town bridge program:

(1)  Authorized spending on the Dummerston TH62 West River BHO 1442(28) project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                 0                                0                           0

Construction        1,128,000                                0           -1,128,000

Other                                 0                                0                           0

Total                    1,128,000                                0           -1,128,000

Sources of funds

State                       225,600                                0              -225,600

Federal                   902,400                                0              -902,400

Local                                 0                                0                           0

Total                    1,128,000                                0           -1,128,000

(2)  Authorized spending on the Stamford TH14 TH3 9611 project is amended to read:

FY09                   As Proposed              As Amended                 Change

PE                            34,669                                0                -34,669

ROW                       48,286                                0                -48,286

Construction                      0                                0                           0

Other                                 0                                0                           0

Total                         82,955                                0                -82,955

Sources of funds

State                         74,660                                0                -74,660

Federal                              0                                0                           0

Local                          8,295                                0                  -8,295

Total                         82,955                                0                -82,955

(3)  A project to reconstruct the Bridge Street bridge in Morrisville on VT 100 is added to the transportation program. 

(4)  A project to reconstruct the Ripley bridge on Ripley Road in Rutland City near the intersection of Ripley Road and Dorr Drive is added to the transportation program.

Sec. 15.  TOWN HIGHWAY EMERGENCY FUND

Funding of the town highway emergency fund is amended to read:

FY09                   As Proposed              As Amended                 Change

Other                                 0                     250,000                250,000

Total                                  0                     250,000                250,000

Sources of funds

State                                  0                     250,000                250,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                                  0                     250,000                250,000

Sec. 16.  TOWN HIGHWAY CLASS 2 ROADWAY

The following modifications are made to the town highway class 2 roadway program:

FY09                   As Proposed              As Amended                 Change

Other                   5,748,750                  6,448,750                700,000

Total                    5,748,750                  6,448,750                700,000

Sources of funds

State                    5,748,750                  6,448,750                700,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                    5,748,750                  6,448,750                700,000

Sec. 17.  TOWN HIGHWAY STRUCTURES

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

FY09                   As Proposed              As Amended                 Change

Other                   3,494,500                  3,833,500                339,000

Total                    3,494,500                  3,833,500                339,000

Sources of funds

State                    3,494,500                  3,833,500                339,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                    3,494,500                  3,833,500                339,000

* * * Rail * * *

Sec. 18.  RAIL

The following modifications are made to the rail program:

(1)  Authorized spending on the three-way partnership program is amended to read as follows.  In future budget years, funding for the program shall be limited to the costs of specific projects.

FY09                   As Proposed              As Amended                 Change

PE                                     0                                0                           0

ROW                                 0                                0                           0

Construction                      0                                0                           0

Other                      750,000                       45,000              -705,000

Total                       750,000                       45,000              -705,000


Sources of funds

State                       250,000                       15,000              -235,000

Federal                              0                                0                           0

Local                      500,000                       30,000              -470,000

Total                       750,000                       45,000              -705,000

(2)(A)  Authorized spending for the project to design, permit, and rehabilitate the railroad tunnel under North Avenue (TH3) in Burlington is amended to read as follows:

FY09                   As Proposed              As Amended                 Change

PE                            50,000                                0                -50,000

ROW                                0                                0                           0

Construction                      0                                0                           0

Other                                 0                  1,200,000             1,200,000

Total                         50,000                  1,200,000             1,150,000

Sources of funds

State                         50,000                                0                -50,000

Federal                              0                     960,000                960,000

Local                                 0                     240,000                240,000

Total                         50,000                  1,200,000             1,150,000

(B)  The project shall be advanced to construction as quickly as possible, using western corridor federal earmark funds for the $960,000 federal share.  As a precondition to advancing the project, the tunnel’s owner, New England Central Railroad, Inc., must agree to be entirely responsible for the nonfederal share as well as for any additional costs that may be incurred to complete the scope of work agreed to in the project agreement.

(C)  The agency of transportation shall work with the Federal Highway Administration (FHWA) and the Federal Railroad Administration (FRA) to have federal oversight responsibility for federal earmark funds used for the North Avenue tunnel project transferred from FHWA to FRA.

     (D)  To replace the federal earmark funding used on the project, the agency is authorized to seek additional federal earmarks for other western corridor projects.     

(3)  Authorized spending on lease and encroachment management of railroad right-of-way is amended to read:

FY09                   As Proposed              As Amended                 Change

Other                      350,000                     300,000                -50,000

Total                       350,000                     300,000                -50,000

Sources of funds

State                       350,000                     300,000                -50,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       350,000                     300,000                -50,000

(4)  Authorized spending on maintenance of railroad buildings is amended to read:

FY09                   As Proposed              As Amended                 Change

Other                      175,000                     125,000                -50,000

Total                       175,000                     125,000                -50,000

Sources of funds

State                       175,000                     125,000                -50,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       175,000                     125,000                -50,000

(5)  Authorized spending for the marketing of Amtrak services is amended to read:

FY09                   As Proposed              As Amended                 Change

Other                      100,000                       50,000                -50,000

Total                       100,000                       50,000                -50,000

Sources of funds

State                       100,000                       50,000                -50,000

Federal                              0                                0                           0

Local                                 0                                0                           0

Total                       100,000                       50,000                -50,000

* * * Rail Quiet Zones * * *

Sec. 19.  RAIL QUIET ZONES

The secretary of the agency shall negotiate and may approve an agreement on behalf of the state with the municipalities of Burlington, South Burlington, and Shelburne to administer and fund cooperatively the maintenance expenses of the quiet zones on the Vermont Railway.  Any agreement shall include but not be limited to the following conditions:

(1)  The agreement shall take effect in fiscal year 2010;

(2)  Subject to availability of appropriated funds, total participation by the state of Vermont shall not exceed 50 percent of the total annual operating costs; and

(3)  The agreement will be open to renegotiation in the event that a change in train traffic triggers the need to consider noise mitigation under an applicable federal statute or regulation.

* * * Central Garage * * *

Sec. 20.  AGENCY VEHICLE FLEET

Pursuant to 19 V.S.A. § 13(b), the agency of transportation is authorized to add two vehicles to the fleet as follows:

(1)  one light duty vehicle for use by the program development division structures section for bridge inspections; and

(2)  one under-bridge inspection vehicle for bridge inspection and other related uses.

Sec. 21.  TRANSFER TO THE CENTRAL GARAGE FUND

Notwithstanding 19 V.S.A. § 13(c), in fiscal year 2009, $880,000 shall be transferred from the transportation fund to the central garage fund and allocated to the transportation equipment replacement account within the central garage fund for the purchase of equipment as authorized in 19 V.S.A.

§ 13(b). 

* * * SUPPLEMENTAL PAVING PROGRAM * * *

Sec. 22.  SUPPLEMENTAL PAVING  PROGRAM

     (a)  The general assembly hereby authorizes a special program consisting of $3,000,000 of transportation funds and, to the extent the transportation funds can be used to match available federal funds, such associated federal funds, to improve the condition of selected state and class 1 highways that have incurred some of the worst damage caused by the severe winter weather of 2007-2008. 

     (b)  The agency of transportation through its maintenance districts shall identify state highways and class 1 town highways to which simple, cost‑effective repairs designed to last more than one year can be made to repair road damages. 


Sec. 23.  SECRETARY OF TRANSPORTATION; TRANSFER OF
              APPROPRIATIONS

     (a)  To implement the program authorized in Sec. 22 of this act:

          (1)  Notwithstanding 32 V.S.A. § 706, the secretary of transportation may transfer balances of fiscal year 2008 appropriations not to exceed $388,162 within or between the department of motor vehicles and divisions or sections of the agency of transportation.  The secretary shall report on any balances transferred to the joint transportation oversight committee meeting in September 2008.

          (2)  Notwithstanding 19 V.S.A. § 10g(h), the secretary of transportation is authorized to add additional class 1 town highway paving projects to the extent that funds are available from savings in approved capital projects in the transportation program.

(b)  The authority granted in subsection (a) of this section is limited to accomplishing the objectives of the program authorized by this act and shall expire upon the completion of the program.

Sec. 24.  FISCAL YEAR 2008 APPROPRIATION ADJUSTMENTS

(a)  Fiscal year 2008 transportation appropriations shall be reduced by the following amounts in transportation funds:

(1)  town highway emergency fund                                      $690,000

(2)  policy and planning                                                      $300,000

(3)  town highway bridge                                                    $330,969

(4)  department of motor vehicles                                       $100,000

(5)  rail                                                                            $1,296,451

(b)  Fiscal year 2008 transportation appropriations shall be reduced by the following amounts in federal funds:

town highway bridge                                                            $1,323,878

(c)  Fiscal year 2008 transportation appropriations shall be increased by the following amounts:

(1)  program development                                               $2,027,838

Sec. 25.  RUTLAND-MIDDLEBURY RAIL TRACK IMPROVEMENTS

Notwithstanding the authority granted in Sec. 23 of this act and in 19 V.S.A. § 10g(h), the funds authorized in the fiscal year 2009 transportation program for the Rutland-Middlebury track improvements project MP87-96 are exclusively reserved for the project.

Sec. 26.  REVERSIONS

Notwithstanding any other provisions of law, in fiscal year 2008, the following amounts shall revert to the transportation fund from the accounts indicated:

(1)  8100001900 - town highway Vermont local roads    $ 37,838

Sec. 27.  FISCAL YEAR 2008 FUND TRANSFERS

Notwithstanding any other provisions of law, in fiscal year 2008:

(1)  $72,580 shall be transferred from the downtown development transportation and related capital improvement fund established by 24 V.S.A.

§ 2796 to the transportation fund; and

(2)  $1,000,000 shall be transferred from the central garage fund to the transportation fund.

Sec. 28.  FISCAL YEAR 2009 APPROPRIATION ADJUSTMENTS AND
               FUND TRANSFERS

To implement the supplemental paving program authorized in Sec. 22 of this act, the following transfers and appropriations adjustments are specified in fiscal year 2009:

(1)  The transportation – program development operating expenses appropriation shall be reduced by $500,000 in transportation funds.

(2)  In addition to the transfer pursuant to 19 V.S.A. § 13(c) but notwithstanding any other provisions of law, in fiscal year 2009, $500,000 shall be transferred to the central garage fund from the transportation fund.

* * * Study of Transportation Bonding Options * * *

Sec. 29.  BRIDGES AND CULVERTS, LONG-TERM ASSESSMENT,
               FUNDING OPTIONS

     (a)  The state treasurer, working jointly with the agency of transportation and the joint fiscal office, shall prepare a report containing a long-term needs assessment for repair, maintenance, and rehabilitation of bridges and culverts in the state and provide funding options and recommendations for such

long-term needs.

(b)  The report shall include, but not be limited to, the following:

     (1) an evaluation of bridges and culverts using the established performance measures defined and used by the agency of transportation’s program development division, and develop a plan, with estimated costs, for meeting such performance measures;

(2)  a definition of preventive maintenance, present the agency’s

five-year plan for doing such maintenance, and the estimated costs for this maintenance;

(3)  an estimate of the cost of replacing structures over the age of 70 years.

(c)  The funding options and recommendations shall be developed by the state treasurer, who shall select and oversee, pursuant to a public competitive selection process, an investment bank to act as an adviser to the state to develop multiple financing proposals, including but not limited to general obligation, revenue, and GARVEE bond options, for a long-term program dedicated to funding life cycle rehabilitation work on bridges and culverts in the state system and on town bridges eligible for funding under the town highway bridge program that will extend the useful lives of these structures on a long-term, cost-effective basis.

(d)  On or before November 15, 2008, the treasurer shall provide the report to a special committee composed of the following:  the members of the joint transportation oversight committee, the secretary of transportation, the treasurer, the secretary of administration, two gubernatorial appointees, and the commissioner of finance and management.  The chair of the Joint transportation oversight committee shall be the chair of the special committee. The special committee shall meet as necessary to review the report, and by December 1, 2008 shall make such recommendations to the governor as the committee may deem appropriate regarding funding options for such programs, including annual reductions in the amount of transportation funds appropriated for general government purposes as well as other state revenues generated by transportation functions that are not deposited in the transportation fund.

(e)  The state treasurer shall also provide the report to the capital debt affordability advisory committee for its consideration and deliberations.

* * * Signage * * *

Sec. 30.  SIGNAGE FOR BRIDGE PROJECTS

On or before January 15, 2009, the agency of transportation shall report to the house and senate committees on transportation on its recommendation on how most efficiently to establish procedures and requirements relating to signage for all state and town bridge projects spanning more than 20 feet in length.  The agency’s recommendations shall include consideration of the following:

(1)  Whether the signage should be erected on both sides of the project for the duration of the construction;

(2)  The design of the signs and whether the contractor shall purchase and install the signs as part of the contract bid price;

(3)  Whether the signs shall indicate the cost of the project;

(4)  Whether signs for state bridge projects shall include the following:  “This is an agency of transportation project paid for with your tax dollars”;

(5)  Whether signs for town bridge projects shall include the following:  “This is a project sponsored by (name of municipality) and the agency of transportation, and paid for with your tax dollars;” and

(6)  Any other recommendations the agency deems appropriate.

* * * State-Owned Railroad Property * * *

Sec. 31.  Sec. 17(e) of No. 175 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

(e)  The authority granted by this section shall expire on June 30, 2008 2009.


* * * Use of State Highway Facilities * * *

Sec. 32.  23 V.S.A. § 1106 is added to read:

§ 1106.  LIMITATIONS ON USE OF STATE HIGHWAY FACILITIES

(a)  For purposes of this section, “state highway facility” means a state highway rest area, picnic ground, parking area, or park-and-ride facility.

(b)  No person shall enter or remain on any state highway facility for the purpose of overnight camping unless the particular facility has been designated for that purpose by the traffic committee.

(c)  On the basis of an engineering and traffic investigation or findings as to adverse effects on the quiet enjoyment and property values of people living adjacent to a state highway facility, the traffic committee may designate the size and types of vehicles allowed to park in a state highway facility or in particular areas of a state highway facility. 

(d)  Notice of the prohibitions under this section shall be posted at the affected facilities by regulatory signs conforming to the manual on uniform traffic control devices.

Sec. 33.  REPEAL

19 V.S.A. § 21(c) (agency rules for parking) is repealed.


* * * Transportation Fund; Sales Tax on Aviation Jet Fuel * * *

Sec. 34.  32 V.S.A. § 9741(7) is amended to read:

(7)  Sales of motor fuels taxed or exempted under chapter 28 of Title 23, provided, however, that aviation jet fuel shall be taxed under this chapter with the proceeds to be allocated to the transportation fund in accordance with section 11 of Title 19.

* * * Public Transit Study * * *

Sec. 35.  PUBLIC TRANSIT STUDY

(a)  Public transit study.  Consistent with the goals, findings, and recommendations of the January 15, 2008 legislative report (Sec. 45 of No. 75 of the Acts of 2007) titled “A Study Regarding the Regional Connectivity of Vermont’s Public Transit System,” the agency of transportation, in cooperation with the legislature’s joint fiscal office, shall conduct a further study to develop findings and recommendations for improving the efficient and effective delivery of public transit services in Vermont. 

(b)  Goal of study.  The goal of the study is to recommend a governance and funding structure for public transportation that creates the most efficient use of taxpayer funds while simultaneously creating the most efficient system of public transportation services consistent with the statutory policy goals in 24 V.S.A. § 5083.  The study shall:

(1)  Make use of the data and information generated by the current

short-range transit planning process to assess the strengths and weaknesses of the public transit delivery system;

(2)  Compare the organizational structure and current service delivery system with those of several other states;

(3)  Analyze different possible organizational structures for Vermont that could lower administrative or operating costs and improve service delivery throughout the state.

(c)  The agency shall direct the study with the involvement of the agency of human services and of all public transit providers in the state who are direct grantees and subrecipients of state and federal funds.

(d)  Consistent with federal United We Ride initiatives, the study shall consider all federal and state funding invested through or by state and federal agencies on public, human service, and related transportation programs and shall evaluate the potential for achieving greater efficiency through coordination of effort or consolidation of funding and effort.

(e)  The study report shall be delivered to the general assembly on or before January 15, 2009.

* * * Larrabee’s Point Ferry * * *

Sec. 36.  Sec. 1 of No. 59 of the Acts of 1991 is amended to read:

Sec. 1.  LARRABEE’S POINT FERRY

(a)  Rights granted.

The right and privilege of maintaining and operating a ferry across Lake Champlain from Larrabee’s Point in the town of Shoreham, county of Addison and state of Vermont, to the town of Ticonderoga in the state of New York, is granted to Shorewell Ferries, Inc 1759 Ltd. d/b/a Fort Ticonderoga Ferry, a Vermont corporation having its principal office at Shoreham in the county of Addison, its successors and assigns, for a period of 20 45 years from the first day of January, 1991.  No person other than Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors or assigns, may operate a ferry within ten miles north or ten miles south from the ferry landing now in use on Larrabee’s Point during such 20 year 45-year period.  The right and privilege herein granted includes the right to maintain the existing landings.

(b)  Conditions.

Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors and assigns, shall be subject to the orders of the transportation board as authorized in Title 5, parts 1 and 3 and shall pay all taxes assessed this franchise and any property of Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, used in connection with the ferry.  If the rights granted under this act are transferred to or acquired by the successors or assigns of Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, the transfer shall be recorded in the office of the secretary of state.

(c)  Forfeiture.

If Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors or assigns, establishes and operates a ferry under authority of this act, it shall be the duty of Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors or assigns, as the case may be, to maintain suitable and safe ferryboats, sufficient for carrying and transporting motor and other vehicles, horses, cattle, passengers, and goods, and to operate ferry service at reasonable and seasonal times as required by the transportation board, but in no event shall the transportation board require the ferry to be operated prior to May 15 or after November 15 in any calendar year.  Failure to comply with any order of the transportation board, or to pay any tax lawfully assessed against the franchise or against property of Shorewell Ferries, Inc. 1759 Ltd. d/b/a Fort Ticonderoga Ferry, its successors or assigns, owned or used in connection with the franchise, shall work a forfeiture of the rights and privileges granted under this act.

(d)  Investments made.

All investments made by 1759 Ltd. d/b/a Fort Ticonderoga Ferry into the ferry service shall be reported to the agency of transportation, upon request, to obtain appropriate toll credits.


* * * Highway Maintenance Vehicles—Right-of-Way * * *

Sec. 37.  23 V.S.A. § 1050a is added to read:

§ 1050a.  AUTHORIZED HIGHWAY MAINTENANCE VEHICLES

(a)  For purposes of this section, “authorized vehicle” means a vehicle authorized by the agency of transportation (in the case of state highways) or the municipality (in the case of town highways) to perform maintenance on a highway.

(b)  The driver of a vehicle shall yield the right-of-way to any authorized vehicle obviously and actually engaged in work upon a highway when the vehicle displays flashing lights meeting the requirements of subsection 1252(b) of this title.

* * * Vermont Coordinate System * * *

Sec. 38.  1 V.S.A. § 671 is amended to read:

§ 671.  VERMONT COORDINATE SYSTEMS DEFINED

The systems of plane coordinates which have been established by the National Ocean Service/National Geodetic Survey (formerly the United States Coast and Geodetic Survey) or its successors for defining and stating the horizontal positions or locations of points on the surface of the earth within the state of Vermont are hereafter to be known and designated as the “Vermont Coordinate System 1927 and the Vermont Coordinate System 1983.”  The term “Vermont Coordinate System” is synonymous with the term “Vermont State Plane Coordinate System.”

Sec. 39.  1 V.S.A. § 672 is amended to read:

§ 672.  COORDINATES DEFINED

The plane coordinate values for a point on the earth’s surface, used to express the horizontal position or location of such point on the Vermont Coordinate Systems, shall consist of two distances, expressed in U.S. Survey feet and decimals of a foot when using the Vermont Coordinate System 1927 and expressed in meters and decimals of a meter, or U.S. Survey feet and decimals of a foot when using the Vermont Coordinate System 1983.  One of these distances, to be known as the “x-coordinate,” shall give the position in an east-and-west direction; the other, to be known as the “y-coordinate,” shall give the position in a north-and-south direction.  These coordinates shall be made to depend upon and conform to plane rectangular coordinate values for the monumented points of the North American Horizontal Geodetic Control Network National Spatial Reference System established by the United States Coast and Geodetic Survey, its predecessor, or its successors.

* * * Aggregate Sources * * *

Sec. 40.  AGGREGATE SOURCES

The agency of transportation shall coordinate with the agency of natural resources to investigate the potential for prepermitting new state aggregate sources, including the temporary installation of portable asphalt pavement plants associated with transportation resurfacing projects.  The agency’s director of program development shall brief the house and senate committees on transportation on the outcome of the evaluation during testimony on the fiscal year 2010 budget.

* * * Addison–Crown Point, NY Bridge * * *

Sec. 41.  ADDISON–CROWN POINT, NY BRIDGE

Before entering into any agreement with the New York state department of transportation regarding replacement or rehabilitation of the bridge over Lake Champlain between Addison, VT and Crown Point, NY, the agency of transportation shall ensure that the agreement provides for thorough consideration of alternative transportation options, including replacement of the bridge with a ferry. 

* * * Allocation of Capital Funds * * *

Sec. 42.  ALLOCATION OF CAPITAL CONSTRUCTION ACT FUNDS

In its addendum to the FY 2009 transportation budget developed pursuant to Sec. 27(d) of the capital construction bill for FY 2009, the agency of transportation shall first allocate funds as follows:

(1)  The first $135,869 shall be allocated to advance town bridge federal earmark projects;

(2)  The second $200,000 shall be allocated to advance other town bridge projects; and

(3)  The third $800,000 shall be allocated to advance paving or highway projects as determined by the agency.

* * * Vermont Truck Network * * *

Sec. 43.  23 V.S.A. § 1432(c) is amended to read:

(c)  The truck network.  The truck network shall consist of the following: U.S. Route 2 between the New Hampshire state line and the junction of U.S. Route 5; U.S. Route 2 from the junction of exit 21 on I-91 to exit 8 on Interstate 89; U.S. Route 2 between the New York state line and VT Route 78; VT Route 2A; U.S. Route 4 from the New York state line to the junction of VT Route 100 south; VT Route 279 from the New York state line to the junction of U.S. Route 7; U.S. Route 5 from the junction of U.S. Route 2 to the junction of exit 20 of I-91; U.S. Route 5 between I-91 at exit 22 to the south entrance of the St. Johnsbury-Lyndonville industrial park; U.S. Route 5 south from I-91 at exit 22 to the intersection of St. Johnsbury Railroad Street and Hastings Hill Street; U.S. Route 7; VT Route 9 from the New York state line to the junction of exit 2 on I-91; VT Route 9 from the junction of exit 3 on I-91 to the New Hampshire state line; VT Route 18 from U.S. Route 2 to the New Hampshire state line; VT Route 22A between U.S. Route 4 and U.S. Route 7; VT Route 78; VT Route 103; VT Route 105 from the junction of U.S. Route 7 to the junction of VT Route 100, then southerly on VT Route 100 to the junction of VT Route 100 and VT Route 14, then easterly on VT Route 14 to the junction of VT Route 14 and U.S. Route 5, then northerly on U.S. Route 5 to the junction of U.S. Route 5 and VT Route 105, then easterly on VT Route 105 from the junction of U.S. Route 5 to the New Hampshire border; VT Route 104 from VT Route 105 to I-89 at exit 19; VT Route 253 from the New Hampshire border to the Canadian border; VT Route 289; and U.S. Route 302. The commissioner is authorized to place special restrictions applying to motor vehicles on any route of the truck network when, in his or her opinion, the restrictions would provide for the safe operation of all vehicles on the route.

* * * Authority to Purchase Amtrak Equipment * * *

Sec. 44.  Sec. 44 of No. 75 of the Acts of 2007 is amended as follows:

Sec. 44.  LEGISLATIVE APPROVAL FOR PURCHASE OF EQUIPMENT
 FOR AMTRAK VERMONT SERVICE

(a)  Pursuant to Sec. 20 of No. 175 of the Acts of the 2005 Adj. Sess. (2006), the general assembly approves the state of Vermont’s purchase, through the agency of transportation, of five Colorado Rail Car units, consisting of three motorized units and two passenger cars.

(b)  This approval is subject to the following conditions:

(1)  Financing for the demonstration project must be available under the Railroad Rehabilitation & Improvement Financing (RRIF) loan program administered by the Federal Railroad Administration (FRA).

(2)  The Diesel Multiple Unit (DMU) equipment selected by Amtrak through a competitive procurement process in 2003 must be utilized.

(3)  The purchase contract with the DMU vendor shall include an option to purchase future equipment, with pricing protections.

(4)  The DMU equipment must meet or exceed current Federal Railroad Administration (FRA) structural safety requirements. 

(5)  The DMU equipment must comply with accessibility standards under the Americans with Disabilities Act (ADA).

(6)  The vendor of the DMU equipment must agree, should the state of Vermont determine that the demonstration project is unsuccessful, to act as the state’s agent to sell the DMU equipment at a minimum of 90 percent of the purchase price and, should the DMU equipment not sell within one year, to purchase the DMU equipment back at 90 percent of the purchase price.  The stipulation in the contracts related to the equipment buyback must be reviewed by the state treasurer with regard to the effect of buyback provisions on the state’s current debt position.

(7)  The contract for construction and purchase of the DMU equipment must be approved by the state treasurer and the attorney general as including sufficient guarantees to assure successful manufacture and delivery of the DMU equipment, as well as performance of the vendor’s undertakings to sell or buy back the DMU equipment, should the state determine that the demonstration project is unsuccessful.

(8)  Any agreements between the state of Vermont and Amtrak or the FRA must be flexible enough to permit redeployment of the DMU equipment in the event of the reconfiguration of Amtrak service to Vermont.

* * * Report on Diesel Tax Exemption * * *

Sec. 45.  REPORT ON MOTOR BUS EXEMPTION FROM DIESEL TAX

The joint fiscal office shall analyze and report by January 15, 2009, to the house and senate committees on transportation on the transportation fund revenue implications of amending the diesel tax to eliminate the exemption for motor buses.  The report shall specifically consider the revenue implications of amending 23 V.S.A. § 3003(d)(1) to read:

(1)  For users, the following uses shall be exempt from taxation under this chapter and be entitled to a credit for any tax paid for such uses under section 3020 of this title:

(A)  uses, the taxation of which would be precluded by the laws and Constitution of the United States and this state;

(B)  uses for agricultural purposes not conducted on the highways of the state;

(C)  uses by any state, municipal, school district, fire district or other governmentally owned vehicles for official purposes;

(D)  uses by any vehicle off the highways of the state; and

(E)  uses by motor buses registered in this state; and

(F)  uses by any vehicle registered as a farm truck under subsection 367(f) of this title.

(2)  Provided, however, that no tax shall be due with respect to fuel for use in any state, municipal, school district, fire district or other governmentally-owned vehicle owned, leased, or contracted for other than single-trip use by a government entity, as long as the distributor takes from the purchaser at the time of sale an exemption certificate in the form prescribed by the commissioner; and provided, further, that no tax shall be due with respect to fuel delivered for farm use to a farm bulk fuel storage tank.

* * *

* * * Railroad Vandalism Prevention * * *

Sec. 46.  13 V.S.A. § 3110 is added to read:

§ 3110.  RAILROAD VANDALISM

(a)  Purpose.  The purpose of this section is to prevent acts of vandalism to railroad property which affect the health, safety, and welfare of the traveling public, the neighboring community, and railroad employees; to protect railroad property and freight in transportation by railroad; and otherwise to enhance the safety of transportation by railroad.

(b)  Definitions.  For purposes of this section:

(1)  “Bodily injury” shall have the same meaning as in subdivision 1021(1) of this title.

(2)  “Railroad” means any form of nonhighway ground transportation that runs on rails or electromagnetic guideways, including:

(A)  commuter or other short-haul railroad passenger service in a  metropolitan or suburban area; and

(B)  high-speed ground transportation systems that connect metropolitan areas, but does not include rapid transit operations in an urban area that are not connected to the general railroad system of transportation.

(3)  “Railroad carrier” means a person providing railroad transportation.

(4)  “Railroad property” means all property owned, leased, or operated by a railroad carrier, including a right-of-way, track, bridge, yard, shop, station, tunnel, viaduct, trestle, depot, warehouse, terminal, railroad signal system, train control system, centralized dispatching system, or any other structure, appurtenance, or equipment owned, leased, or used in the operation of any railroad carrier, including a train, locomotive, engine, rail car, work equipment, rolling stock, or safety device.  “Railroad property” does not include administrative buildings, administrative offices, or administrative office equipment.

(5)  “Right-of-way” means the track or roadbed owned, leased, or operated by a railroad carrier which is located on either side of its tracks and which is readily recognizable to a reasonable person as being railroad property or is reasonably identified as such by fencing or appropriate signs.

(6)  “Serious bodily injury” shall have the same meaning as in subdivision 1021(2) of this title.

(c)  Vandalism of railroad property.  No person shall, with reckless disregard for railroad property or the safety of another, commit an act which causes damage to railroad property.

(d)  Penalty for vandalism of railroad property. 

(1)  A person who violates subsection (c) of this section shall be fined not more than $500.00 or imprisoned for not more than six months, or both, if the violation results in property damage of $900.00 or less. 

(2)  A person who violates subsection (c) of this section shall be fined not more than $1,000.00 or imprisoned for not more than one year, or both, if the violation results in bodily injury to another person or property damage of greater than $900.00. 

(3)  A person who violates subsection (c) of this section shall be fined not more than $20,000.00 or imprisoned for not more than 15 years, or both, if the violation results in death or serious bodily injury to another person.

(e)  Aggravated railroad vandalism.  A person who intentionally causes damage to railroad property which results in death or serious bodily injury to another person shall be guilty of aggravated railroad vandalism.

(f)  Penalty for aggravated railroad vandalism.  A person who violates subsection (e) of this section shall be fined not more than $25,000.00 or imprisoned for not more than 15 years, or both. 

(g)  If serious bodily injury or death results to more than one person other than the defendant as a result of a violation of this section, the defendant may be convicted of a separate violation of this section for each decedent or person injured.

Sec. 47.  REPEALS

The following are repealed:

(1)  13 V.S.A. §§ 3101-3104 (railroad crimes).

(2)  5 V.S.A. § 3733 (damage to mills, dams, and bridges).

* * * Bennington Rail Banking Project * * *

Sec. 48.  BENNINGTON RAIL BANKING PROJECT

The Bennington rail banking project, of which the project Bennington STP Bike (26) is a portion, is authorized pursuant to the following conditions:

(1)  Subject to Surface Transportation Board and Vermont Railway, Inc. approval, the rail banking shall commence at a point south of the VT 7A underpass, but not south of valuation station 3103+00, which is located 1,700 feet south of the VT 7A underpass, and extend southerly to the terminus of the railroad in Bennington.

(2)  A runaround track shall be constructed as part of the bike path project north of valuation station 3103+00 when project Bennington STP Bike (26) is constructed.

(3)  The town of Bennington shall be responsible for:

(A)  all fees and expenses incurred as part of the STB rail banking proceedings;

(B)  all costs associated with the removal and proper disposal of the rails and ties with the town retaining the entire salvage value of the rails and ties; and

(C)  after the rails and ties have been removed, all costs associated with grading the rail bed to a uniform grade in a neat appearance, allowing for proper drainage of the rail bed.

(4)  Where feasible and with the approval of the Vermont Railway, Inc., a portion of the railroad right-of-way between valuation station 3103+00 and VT 7A may be used for a transportation path provided it does not interfere with railroad operations.

* * * School Bus Exemption for School Employees and Volunteers * * *

Sec. 49.  23 V.S.A. § 4(34)(A)(iv) is amended to read:

(iv)  motor vehicles with a manufacturer’s rated seating capacity of fewer than 11 persons, including the operator, which are owned, leased, or hired by a school, or for which services are reimbursed by a school.  However, if used to transport students, these shall be considered a Type II school bus for purposes of licensure, shall display an identification sign as prescribed in subdivision 1283(a)(1) of this title, and shall be equipped with a simple system of at least two red alternating warning lights; unless the driver is a school employee or a volunteer subject to a criminal background check and is transporting no more than five persons excluding the operator; provided that the vehicle has safety belts for all persons being transported;

* * * Recycled Asphalt Pavement * * *

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

(m)  Recycled asphalt pavement (RAP) shall be used on all agency paving projects to the extent sources of quality RAP are available consistent with producing quality hot mix asphalt.  To that extent, the agency shall define paving project specifications and contract bid documents to allow the use of up to 50 percent RAP.  The agency shall compare the cost-benefit of the state retaining the RAP versus the contractor retaining the RAP, and the agency shall report to the house and senate committees on transportation on the results of the comparison in the 2009 and 2010 legislative sessions.

* * * Public Transportation System Integrity * * *

Sec. 51.  PUBLIC TRANSPORTATION SYSTEM INTEGRITY

(a)  Notwithstanding any other law to the contrary, the agency of transportation is authorized, first, to spend up to $100,000.00 in federal funds from the Public Transit Program – Statewide Encouragement of Carpools (STP RIDE) program and, second, to spend up to $350,000.00 in funds ($315,000.00 federal funds and $35,000.00 state funds) from the Public Transit Program – Statewide Capital to make grant awards to subrecipients and other public transportation providers for the purpose of maintaining existing public transportation services statewide. 

(b)  To help the agency of transportation determine whether increased costs are likely to trigger service reductions in the statewide system of general public transportation services, each public transportation provider, by May 31, 2008, shall provide the agency of transportation with an estimate of its projected budget deficit, if any, for fiscal year 2009, assuming continuation of the services in existence upon passage of this act.  Each projected budget deficit estimate shall be the difference in the amount between revenues budgeted by the provider agency in a board-approved budget and the expenses now necessary to incur to maintain current service levels.  Public transportation providers shall inform the agency of transportation of the per-gallon fuel price used to determine operating expenses, their capacity to use preventive maintenance funding to maintain existing levels of service, as well as any other information that the agency of transportation may deem necessary to conduct its analysis.

(c)  The agency of transportation in making grant awards under this section shall mitigate to the greatest extent practicable loss of general public transportation services.  In addition, the agency of transportation shall provide for an equitable geographic distribution of funds statewide, if possible, depending upon each provider’s ability to utilize preventive maintenance funding. 

(d)  Any funding not needed to maintain existing services shall remain in the capital program.

(e)  As early as practicable, the agency of transportation shall issue a report to the joint transportation oversight committee established under 19 V.S.A.

§ 12b(a) regarding grant awards made under this section.


* * * Smugglers Notch * * *

Sec. 52.  23 V.S.A. § 1006b is amended to read:

§ 1006b.  SMUGGLERS NOTCH; WINTER CLOSURE OF VERMONT

                 ROUTE 108

The agency of transportation may close the Smugglers Notch segment of Vermont Route 108 during periods of winter weather. To enforce the winter closure, the agency shall erect a lockable gate at both closure points, extending the width of the highway, posted with signs advising that the highway is closed and that traveling on the highway when it is closed is a violation of the motor vehicle laws of the state.  Notwithstanding any law to the contrary, if the highway is officially closed but the gates at both closure points are not in a locked position across the highway, no ticket or any other form of summons and notice of a motor vehicle violation shall be issued to motorists driving on the closed portion of the highway signs conforming to the standards established by section 1025 of this title.

Sec. 53.  SUPPLEMENTARY MEASURES; RECREATIONAL AND

               EMERGENCY ACCESS

To preclude unauthorized access by motor vehicles to the Smugglers Notch segment of Vermont Route 108 when it is closed during periods of winter weather, the agency of transportation shall develop and implement a plan by December 15, 2008 to provide for installation of physical barriers and supplementary signage.  The plan shall provide for the continued accommodation of recreational and emergency access.

* * * State Rail Trails * * *

Sec. 54.  STATE-MAINTAINED RAIL TRAILS

The agency shall report to the house and senate committees on transportation by January 15, 2009 on a funding and management plan for all rail trails that are owned and maintained by the agency.

* * * Sign Law—Murals * * *

Sec. 55.  10 V.S.A. § 494 is amended to read:

§ 494.  EXEMPT SIGNS

The following signs are exempt from the requirements of this chapter except as indicated in section 495 of this title:

* * *

(13)  Murals that relate exclusively to a downtown designated under

24 V.S.A. chapter 76A, whether located within or outside the designated downtown itself, provided that all of the following apply:  the mural is hand‑painted; it is painted directly on the outside surface of a structure that has been in existence on the site for at least the preceding 25 years; it is located no more than three miles from the designated downtown; its placement has been authorized by the legislative body of the municipality in which it is located; and any words used pertain only to the direction or distance to, and the name of, the designated downtown.   A mural exempted under this subdivision that is visible from the off‑ramp of a limited access facility and not otherwise visible from such a facility shall also be exempt from compliance with subsection 495(b) of this title.

* * * Railroad Farm Crossings * * *

Sec. 56.  RAILROAD FARM CROSSINGS

(a)  The general assembly acknowledges the report of the railroad farm crossing study committee created under Sec. 43 of t No. 75 of the Acts of 2007. However, the general assembly finds that there remain questions which merit additional study.

(b)  The agency of transportation is directed to continue to study the issues identified in Sec. 43 of No. 75 of the Acts of 2007 and shall submit recommendations in a report to the senate and house committees on transportation, on agriculture, and on natural resources and energy by December 1, 2008.

(c)  For the purposes of this section, the agency is authorized to retain the services of a consultant.

* * * Annual Reports * * *

Sec. 57.  19 V.S.A. § 10c(k) is added to read:

(k)(1)  The agency shall by January 15 of each year submit a report on the pavement conditions of the state highway system to the house and senate committees on transportation which, at a minimum, shall contain the information, updated to the latest date consistent with the publication date, which is included in the agency’s publication entitled “Pavement Management Annual Report 2006.”  The report in addition shall include information describing the actual historic percentage of state system pavement which is rated as being in poor or very poor condition.

(2)  The agency shall report to the house and senate committees on alternate formats and measurements for this report.

Sec. 58.  19 V.S.A. § 10c(l) is added to read:

(l)  The agency shall by January 15 of each year submit a report on the condition of bridges, culverts, and other structures on the state system and town highways to the house and senate committees on transportation.  The agency shall report to the house and senate committees on transportation on alternate formats and measurements for this report.

* * * Repeal of Miscellaneous Reporting Requirements * * *

Sec. 59.  SESSION LAW REPEALS

The following provisions of session law are repealed:

(1)  Sec. 2(a) of No. 144 of the Acts of the 1997 Adj. Sess. (1998) (report on changes in the scheduling of projects in the transportation capital program or project development plan).

(2)  Sec. 3(a) of No. 18 of the Acts of 1999 (report on changes in the scheduling of projects in the transportation capital program or project development plan).

(3)  Sec. 20 of No. 175 of the Acts of the 2005 Adj. Sess. (2006) (report on purchase of equipment for Amtrak).

Sec. 61.  Sec. 50 of  No. 175 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

Sec. 50.  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 with a report on the general condition of town assets recorded in the bridge and culvert data base.

Sec. 61.  REPEAL

19 V.S.A. § 10g(e) (separate report regarding certain projects with cost estimates exceeding $5 million) is repealed.

Sec. 62.  19 V.S.A. § 10g(d)(1) is amended to read:

(d)(1)  In addition to the multiyear transportation program described in subsection (a) of this section, the agency shall annually biannually 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 five-year period commencing with the fiscal year of the transportation program.  The analysis shall include, on a current dollar basis, individual estimates and projected schedules for all projects with a total project cost estimate in excess of $10 million.

Sec. 63.  TITLE 23 REPEALS

The following provisions of Title 23 are repealed:

(1)  § 1042(d) (report on municipal truck routes).

(2)  § 1803(k) (annual report of vehicle equipment safety commission).

* * * Effective Dates * * *

Sec. 64.  EFFECTIVE DATES

The following sections of this act shall take effect from passage:

(1)  Sec.18(2) (rail North Avenue tunnel) shall take effect from passage.

     (2)  Secs. 22-28 (supplemental paving program).

     (3)  Sec. 29 (bridges, culverts, long term assessment).

     (4)  Sec. 51 (public transit system integrity).



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us