An Act Relating to the State S Transportation Capital Program and Project Development Plan

AS PASSED BY HOUSEH.488

2001Page 1

H.488

AN ACT RELATING TO THE STATE’S TRANSPORTATION CAPITAL PROGRAM AND PROJECT DEVELOPMENT PLAN

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

Sec. 1. TRANSPORTATION CAPITAL PROGRAM AND

EXPENDITURES FOR 2002; PROJECT DEVELOPMENT PLAN

FOR 2003-2006

The transportation capital program for fiscal year 2002 and project development plan for fiscal years 2003-2006, appended to the agency of transportation’s proposed fiscal year 2002 budget, as amended by this act, are adopted. The program and plan are incorporated into this act by reference. The transportation capital program and project development plan hereby adopted supersede all previous transportation capital programs and project development plans. Transportation expenditures in fiscal year 2002 shall adhere to the fiscal year 2002 transportation capital program adopted in this section.

* * * Town Highway Bridge Program * * *

Sec. 2. TOWN HIGHWAY BRIDGE PROGRAM; MODIFICATIONS

The following additions, deletions or modifications are made to the town highway bridge program:

(1) The following projects shall be added to the Statewide Development and Evaluation Program. All funding for fiscal year 2002 noted on the individual pages shall be added to the Statewide Development and Evaluation Page, and individual pages shall be deleted. The agency shall move all PE and ROW activities forward as expeditiously as possible.

(A) Page 7 – Bennington – Project # BHF 1000(16)

(B) Page 12 – Brattleboro – Project # BHF 2000(17)

(D) Page 17 – Cavendish – Project # BHO 1442(22)

(E) Page 18 – Cavendish – Project # BRO 1442(23)

(F) Page 19 – Charleston – Project # BHO 1449(22)

(G) Page 30 – Dummerston – Project # BHO 1442(28)

(H) Page 46 – Leicester – Project # BRF 0160(3)S

(I) Page 51 – Mendon – Project # BRO 1443(35)

(J) Page 55 – Montpelier – Project # BHM 6400(25)

(K) Page 57 – Moretown – Project # BHO 1446(24)

(L) Page 65 – Poultney-Hampton, NY – Project # BRO 1443(33)

(M) Page 66 – Pownal – Project # BRZ 1441(19)

(N) Page 83 – St. Johnsbury – Project # BRO 1447(19)

(O) Page 84 – Stamford – Project # TH3 9411

(P) Page 92 – Sunderland – Project # BRF 0114(2)

(Q) Page 94 – Vershire – Project # BRO 1444(32)

(R) Page 95 – Wallingford – Project # BRO 1443(31)

(S) Page 98 – Westford – Project # TH3 9436

(T) Page 104 – Woodstock – Project # BHF 020-2(32)

(2) The schedule for project Statewide Development, Evaluation and Scoping, Page 86, is amended as follows: in fiscal year 2002, by deleting the “other” and total amount of $1,800,000 and inserting $1,847,662; by deleting state funds of $392,285 and inserting $269,132; by deleting federal funds of $1,175,451 and inserting $1,342,578; and by deleting local funds of $232,264 and inserting $235,952.

(3) The schedule for Lyndon, Project # BHO 1447(26), Page 49, is amended as follows: in fiscal year 2002, by adding construction and total funds of $250,000; by adding state funds of $37,500; by adding federal funds of $200,000; and by adding local funds of $12,500.

(4) The schedule for Middlebury, Project # BRZ 1445(19), Page 52 is amended as follows: in fiscal year 2002, by adding construction and total funds of $394,191; by adding state funds of $39,419; by adding federal funds of $315,353; and by adding local funds of $39,419.

(5) The schedule for Rockingham, Project # BRF 0129(3)S, Page 77, is amended as follows: in fiscal year 2002, by adding construction funds of $200,000; by deleting total funds of $27,300 and inserting $227,300; by deleting state funds of $2,730 and inserting $22,730; by deleting federal funds of $21,840 and inserting $181,840; and by deleting local funds of $2,730 and inserting $22,730.

(6) The schedule for Wilmington, Project # TH3 9410, Page 102, is amended as follows: in fiscal year 2002, by deleting all construction, total, state and federal funds.

(7) A new project is added as follows: Ludlow, Project # BHO 1443(40), Page 48, in fiscal year 2002, by adding construction and total funds of $240,000; by adding state funds of $36,000; by adding federal funds of $192,000; and by adding local funds of $12,000.

(8) The schedule for Cambridge, Project # BRO 1448(21), Page 16, is amended as follows: in fiscal year 2003, by deleting construction and total funds of $210,000 and inserting $651,000; by deleting state funds of $31,500 and inserting $97,650; by deleting federal funds of $168,000 and inserting $520,800; by deleting local funds of $10,500 and inserting $32,550; and in fiscal year 2004, by deleting all funding.

(9) The schedule for Cambridge, Project # BHO 1448(30), Page 15, is amended as follows: in fiscal year 2003, by deleting construction and total funds of $35,000 and inserting $255,500; by deleting state funds of $5,250 and inserting $38,325; by deleting federal funds of $28,000 and inserting $204,400; by deleting local funds of $1,750 and inserting $12,775; and in fiscal year 2004, by deleting all funding.

* * * Roadway Program * * *

Sec. 3. PROJECT DEVELOPMENT; ROADWAY PROGRAM

The following additions, deletions or modifications are made to the project development roadway program:

(1) The following projects shall be added to the Statewide Development and Evaluation Program. All funding for fiscal year 2002 noted on the individual pages shall be added to the Statewide Development and Evaluation Page and individual pages shall be deleted. The agency shall move all PE and ROW activities forward as expeditiously as possible.

(A) Page 5 – Burlington – Project # MEGC 5000(15)

(B) Page 7 – Cabot-Danville – Project # FEGC F 028-3(26)C/1

(D) Page 9 – Cabot-Danville – Project # FEGC F 028-3(26)C/3

(E) Page 10 – Charlotte – Project # FEGC 019-4(20)

(F) Page 12 – Dorset-Wallingford – Project # NH 019-2(20)SC

(G) Page 19 – Highgate-Franklin – Project # STP RS 0301(1)SA

(H) Page 45 – Woodstock – Project # NH 020-2(31)

(2) The schedule for project Statewide Development, Evaluation and Scoping, Page 35, is amended as follows: in fiscal year 2002, by deleting the “other” and total funds of $2,682,244 and inserting $3,344,796; by deleting state funds of $478,103 and inserting $911,039; by deleting federal funds of $2,173,300 and inserting $2,367,321; and by deleting local funds of $30,841 and inserting $66,436.

(3) The schedule for Barre, Project # STPG 6000(16)S, Page 2, is amended as follows: in fiscal year 2002, by adding construction and total and federal funds of $645,750.

(4) The schedule for Grafton-Rockingham, Project # STP 0126(4)SC, Page 16, is amended as follows: in fiscal year 2002, by adding construction funds of $300,000; by adding state funds of $60,000; and by adding federal funds of $240,000. The agency of transportation is directed to make every effort to complete all construction on this project as soon as possible.

(5) The schedule for Searsburg-Wilmington, Project # NH F 010-1(18), Page 27, is amended as follows: in fiscal year 2002, by deleting construction funds of $3,675,000 and inserting $1,000,000; by deleting total funds of $3,759,000 and inserting $1,084,000; by deleting state funds of $756,000 and inserting $216,800; and by deleting federal funds of $3,003,000 and inserting $867,200.

* * * State Bridge Program * * *

Sec. 4. PROJECT DEVELOPMENT; STATE BRIDGE PROGRAM

The following additions, deletions or modifications are made to the project development state bridge program:

(1) The following projects shall be added to the Statewide Development and Evaluation Program. All funding for fiscal year 2002 noted on the individual pages shall be added to the Statewide Development and Evaluation Page and individual pages shall be deleted. The agency shall move all PE and ROW activities forward as expeditiously as possible.

(A) Page 13 – Castleton – Project # RS 0142(10)

(B) Page 17 – Duxbury – Project # STP 013-4(24)

(D) Page 22 – Hartland – Project # BRS 0113(22)

(E) Page 24 – Jamaica – Project # BRF 013-1(8)

(F) Page 28 – Lyndon – Project # BRS 0269(8)S

(G) Page 37 – Pownal – Project # STP RS 0107(8)

(H) Page 38 – Reading – Project # BRS 0148(6)S

(I) Page 43 – Stockbridge – Project # BRF 013-4(21)

(2) The schedule for project Statewide Development, Evaluation and Scoping, Page 40, is amended as follows: in fiscal year 2002, by deleting “other” and total funds of $2,250,000 and inserting $2,976,115; by deleting state funds of $450,000 and inserting $599,763; and by deleting federal funds of $1,800,000 and inserting $2,376,352.

(3) The schedule for Derby, Project # BRF 034-3(14), Page 16, is amended as follows: in fiscal year 2002, by deleting construction and total funds of $900,000 and inserting $1,400,000; by deleting state funds of $180,000 and inserting $280,000; and by deleting federal funds of $720,000 and inserting $1,120,000.

* * * Intermodal and Multimodal Facilities * * *

Sec. 5. PROJECT DEVELOPMENT; INTERMODAL AND MULTIMODAL

FACILITIES PROGRAM

The following additions, deletions or modifications are made to the project development intermodal and multimodal facilities program:

(1) The schedule for Burlington, Page 2, is amended as follows: in fiscal 2002, by deleting construction funds of $1,000,000; by deleting total funds of $2,000,000 and inserting $1,000,000; by deleting state funds of $100,000; by deleting federal funds of $1,700,000 and inserting $900,000; and by deleting local funds of $200,000 and inserting $100,000.

* * * Rail * * *

Sec. 6. RAIL

The following additions, deletions or modifications are made to the rail program:

(1) The description for Barre City, Page 1, is deleted, and the following description added: The Barre rail yard project is to purchase property to accommodate expanded rail activities in the yard in coordination with a Barre City project, including reconstructing the bridge over the Stevens Branch and associated track work.

(2) The schedule for Bennngton-Burlington, project #HPP ABRB(1), Page 4 is amended as follows: for fiscal year 2002 by deleting “other” and total funds of $5,767,702 and inserting $5,587,702 and by deleting state funds of $2,913,540 and inserting $2,733,540.

(3) The schedule for Charlotte-Burlington, Page 6, is amended as follows: in fiscal year 2002, by deleting construction and total funds of $1,600,000 and inserting $490,000; by deleting state funds of $400,000 and inserting $98,000; and by deleting federal funds of $1,200,000 and inserting $392,000.

(4) The schedule for Hartford-Newbury, Page 9, is amended as follows: in fiscal year 2002, by deleting construction funds of $585,000 and inserting $502,000; and by deleting total and state funds of $650,000 and inserting $567,000.

(5) A new project is added for improvements to the state-owned railroad infrastructure between Middlebury and Charlotte as part of the overall goal of restoring railroad passenger service along the Albany-Bennington-Rutland-Burlington (ABRB) corridor. This new project is added as follows: Middlebury-Charlotte, in fiscal year 2002, by adding PE funds of $50,000; by adding construction funds of $1,950,000; and by adding total and federal funds of $2,000,000. The agency is authorized to accept $2,000,000 in federal funds made available to the state of Vermont under the Department of Transportation and Related Agencies Appropriations Act, 2001, Pub. L. No. 106-346, 114 Stat. 1356, 1356A-40.

(6) The schedule for the statewide development and evaluation, Page 15, is amended as follows: for fiscal year 2002, by deleting “other”, total and state funds of $500,000 and inserting $730,000. The listing of development and evaluation projects on Page 25 is revised as follows: by amending Rutland rail yard relocation – VTR, as follows: by deleting total and state funds of $150,000 and inserting $380,000. The City of Rutland shall assign a municipal project manager to the Rutland rail yard relocation project and notify the agency of transportation prior to receiving the $380,000 for the project.

(7) By deleting the statewide project for the disposal of used ties on the state-owned rail system, Page 18.

(8) The schedule for the statewide project for short-term bridge repairs, Page 19, is amended as follows: in fiscal year 2002, by deleting construction funds of $875,000 and inserting $750,000; and by deleting total and state funds of $1,500,000 and inserting $1,375,000.

(9) The schedule for the statewide project for property management, Page 20, is amended as follows: in fiscal year 2002, by deleting “other”, total and state funds of $450,000 and inserting $400,000.

(10) The schedule for the statewide project for long-term bridge repairs, Page 21, is amended as follows: in fiscal year 2002, by deleting construction funds of $300,000; and by deleting total and state funds of $500,000 and inserting $200,000.

* * * Public Transportation * * *

Sec. 7. PUBLIC TRANSPORTATION

The following additions, deletions or modifications are made to the public transportation program:

(1) The schedule for Statewide Three-Year Demonstration (Operating), Page2, is amended as follows: in fiscal year 2002, by deleting “other” and total funds of $728,250 and inserting $568,250; by deleting federal funds of $582,600 and inserting $454,600; and by deleting local funds of $145,650 and inserting $113,650.

* * * Paving * * *

Sec. 8. ADVANCEMENT OF LYNDON-BARTON PROJECT

Due to the extreme deterioriation of the pavement condition this winter, the agency of transportation shall advance the Lyndon-Barton project #IM 091-3(10) before the Brattleboro-Rockingham project #IM 091-1(39). The agency shall expediciously take corrective action to resolve the severe rutting problem on the six-mile portion of the Brattleboro-Rockingham project. The agency shall complete the Brattleboro-Rockingham project in fiscal year 2002 if funding is available.

* * * Cancellation of Project * * *

Sec. 9. CANCELLATION OF PROJECT

Pursuant to Sec. 2 of Act No. 156 of 2000 (advancement or cancellation of projects), the general assembly approves cancellation of the following project:

(1) Pedestrian and Bike Facilities – Rutland, Project # STP BIKE ( ).

* * * Advancement and Substitution of Projects * * *

Sec. 10. PROJECT ADVANCEMENT LIST

(a) Authority for advancing projects. In the event transportation capital projects in the transportation capital program for fiscal year 2002 are delayed because of unanticipated problems in permitting, right-of-way acquisition, construction or the availability of federal, state and local funds, the secretary may advance a project from the project advancement list. The secretary may also delay a project if the project to be advanced addresses and resolves a safety issue. The secretary shall immediately notify the local municipal governing bodies affected by any project delay. The secretary shall also notify the members on the senate and house committees on transportation regarding the advancement of any project from the advancement list. The notification shall include the reason for the project delay, the revised project schedule for the delayed project, and the project schedule for the advanced project. Advancement of a project not on the advancement list shall require approval of a joint legislative committee at a meeting convened for that purpose. The joint legislative committee shall be comprised of three members of the Senate Committee on Transportation selected by the committee chair and three members of the House Committee on Transportation selected by the committee chair. Members of the joint legislative committee shall be entitled to compensation and expenses as provided in 2 V.S.A. § 406. No project shall be cancelled without the approval of the General Assembly.

(b) Project advancement list.

(1) Town Highway Bridge Program:

(A) Barnard — Project # BHO 1444(40)

(B) Barnet — Project # BHO 1447(25)

(D) Brandon — Project # BRZ 1443(22)

(E) Brattleboro — Project # BHF 2000(17)

(F) Cambridge — Project # BHO 1448(30)

(G) Cambridge — Project # BRO 1448(21)

(H) Cavendish — Project # BHO 1442(22)

(I) Chester — Project # BHO 1442(32)

(J) Chester — Project # BRF 025-1(35)

(K) Chester — Project # BRO 1442(31)

(L) Clarendon — Project # BHO 1443(39)

(M) Clarendon — Project # BRO 1443(29)

(N) Clarendon — Project # BRO 1443(34)

(O) Dummerston — Project # BHO 1442(28)

(P) Fair Haven/Hampton, NY — Project # BRO 1443(32)

(Q) Halifax — Project # BRZ 1442(18)

(R) Hardwick — Project # BRO 1447(21)

(S) Johnson — Project # BHO 1448(18)

(T) Johnson — Project # BHO 1448(29)

(U) Ludlow — Project # BHO 1443(40)

(V) Lyndon — Project # BHO 1447(26)

(W) Middlebury — Project # BRZ 1445(19)

(X) Milton — Project # STP 1448(28)

(Y) Mt. Holly — Project # BRO 1443(30)

(Z) Reading — Project # BRZ 1444(23)

(AA) Richford Village — Project # BHF 0302(3)S

(BB) Rochester — Project # BRZ 1444(20)

(CC) Rockingham — Project # BHF 0129(3)S

(DD) Statewide — Project # BHO DECK ( )

(EE) Stowe — Project # BHO 1446(30)

(2) Paving Program-Class 1 Town Highways:

(A) Barre — Project # STP 2102

(B) Bennington — Project # NH 2202

(D) St. Albans City — Project # STP 2129

(E) Waterbury — Project # STP 2201

(3) Paving Program-State Highways:

(A) Addison/Panton — Project # STP 9824

(B) Arlington/Sunderland — Project # STP 2223

(D) Barton — Project # STP 2107

(E) Bennington — Project # NH 2225

(F) Colchester — Project # STP 2208

(G) Derby — Project # STP 2224

(H) Dover/Stratton — Project # STP 2214

(I) Fair Haven/Rutland — Project # NH 9811

(J) Hardwick/Greensboro — Project # STP 2112

(K) Hartford/Royalton — Project # STP 2121

(L) Johnson/Hyde Park — Project # STP 2215

(M) Killington — Project # NH2106

(N) Maidstone State Hwy. — Project # STP 2134

(O) Marshfield/Cabot — Project # NH 2104

(P) Pownal/Bennington — Project # NH 2118

(Q) Rochester/Granville — Project # STP 2124

(R) St. Albans City/Town — Project # STP 2204

(S) St. Albans/Highgate — Project # STP 2114

(T) Underhill/Cambridge — Project # STP 2212

(U) Vernon/Brattleboro — Project # STP 2126

(V) Wallingford — Project # NH 2108

(W) Williston/Richmond — Project # STP 2105

(X) Wilmington/Brattleboro — Project # NH 2109

(4) Roadway Program:

(A) Barre City — Project # STPG 6000(16)S

(B) Bethel — Project # STP 0176(2)

(D) Ferrisburgh — Project # NHG SGNL(20)S

(E) Grafton/Rockingham — Project # STP 0126(4)S

(F) Highgate/Franklin — Project # STP RS 0301(1)SA

(G) St. Albans Town — Project # STPG SGNL(7)S

(H) Wallingford — Project # NHG SGNL(6)S

(I) Wallingford — Project # STP ADAS( )

(5) State Bridge Program:

(A) Berkshire — Project # BHF 0283(9)S

(B) Brattleboro-Chesterfield, NH — Project # BRF 012-1(33)

(D) Johnson — Project # BRF 030-2(17)S

(E) Montgomery — Project # BHF 0283(8)S

(F) Royalton — Project # BRS 0147(5)S

(G) Statewide — Project # St Deck( )

(H) Woodford — Project # BHF 010-1 (29)

(6) Interstate Bridge Program:

(A) Hartland — Project # IM 091-2(36)

(B) Putney — Project # IM 091-1(37)

* * * Federal Funds Transfer * * *

Sec. 11. FEDERAL FUNDS TRANSFER

Any federal funds transferred to the 23 U.S.C. § 402 (highway safety) program pursuant to 23 C.F.R. § 1270.6 (failure of state to enact and enforce open container laws) or § 1275.6 (failure of state to enact and enforce repeat intoxicated driver laws) shall be used exclusively by the agency of transportation for the 23 U.S.C. § 152 (hazard elimination) program. The governor’s highway safety council shall work cooperatively with the agency of transportation in administering these funds.

* * * Transportation Board * * *

Sec. 12. 19 V.S.A. § 5(d) is amended to read:

(d) The board shall:

* * *

(7) in coordination with the agency, hold public hearings for the purpose of obtaining public comment on the development of state transportation policy, the mission of the agency, and state transportation planning, capital programming, and program implementation; and

(8) hear and determine disputes involving the decision of a selectboard under subdivision 302(a)(3)(B) or subsection 310(a) of this title not to plow and make negotiable a class 2 or 3 town highway or section of a highway during the winter; and

(9) when requested by either the secretary or by both chairs of the house and senate committees on transportation, conduct public hearings on matters of public interest, after which it shall transmit its findings and conclusions to whomever requested the hearings in a report which shall be a public document.

* * * Special Projects Unit; Bennington Bypass South * * *

Sec. 13. BENNINGTON BYPASS SOUTH

During fiscal years 2001 and 2002, no more than $575,000 of the funds allocated to highway project Bennington Bypass South NH F 019-1(4) (relocation of US 7) under Sec. 1(b)(38) of Act No. 156 of 2000 can be used for preliminary engineering (including environmental permitting) and rightofway acquisition.

Sec. 14. [DELETED]

* * * Highways; State Aid for Town Highway System * * *

Sec. 15. 19 V.S.A. § 306 is amended to read:

§ 306. APPROPRIATION; STATE AID FOR TOWN HIGHWAYS

(a) General state aid to town highways. An annual appropriation to class 1, 2 and 3 town highways shall be made. This appropriation shall increase or decrease over the previous year’s appropriation by the same percentage as any increase or decrease in the transportation agency’s total appropriations funded by transportation fund revenues, excluding the town highway appropriations for that year. The funds appropriated shall be distributed to towns as follows: