NO. 18Page 1

NO. 18. AN ACT RELATING TO THE STATE’S TRANSPORTATION CAPITAL PROGRAM AND PROJECT DEVELOPMENT PLAN.

(H.537)

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

* * * Adoption of Transportation Program and Development Plan * * *

Sec. 1. TRANSPORTATION CAPITAL PROGRAM FOR 2000; PROJECT

DEVELOPMENT PLAN FOR 20012004; APPROVAL OF

PROJECT CANCELLATIONS

(a) The transportation capital program for fiscal year 2000 and project development plan for fiscal years 20012004, appended to the agency of transportation's proposed fiscal year 2000 budget, as amended by this act, are adopted to the extent federal, state and local funds are available. The secretary of transportation shall make every effort to ensure that the schedule for each transportation project, as amended by this act, is maintained. The transportation capital program and project development plan hereby adopted supersede all previous transportation capital programs and project development plans.

(b) The following additions, deletions or modifications are made:

(1) The schedule for the roadway project Ludlow, project no. NH 025 - 1(38)S is amended as follows: in budget year fiscal year 1999, by striking the construction figure $90,000, by striking the total figure of $158,441 and inserting in lieu thereof the figure $68,441, by striking the state figure of $29,977 and inserting in lieu thereof $12,949 and by striking the federal figure of $128,464 and inserting in lieu thereof $55,492. For budget year fiscal year 2000, by striking the construction figure of $288,750 and inserting in lieu thereof $90,000, by striking the total figure of $291,900 and inserting in lieu thereof $93,150, by striking the state figure of $55,227 and inserting in lieu thereof $17,624 and by striking the federal figure of $236,673 and inserting in lieu thereof $75,526. In budget year fiscal year 2001, by adding to the construction figure the sum of $288,750, by adding to the total figure $288,750, by adding to the state figure $54,631 and by adding to the federal figure $234,119. Notwithstanding this subsection, the agency of transportation may advance this project to the construction phase during FY 2000 if the right-of-way acquistion issues are resolved.

(2) The schedule for roadway project Lyndon, project no. STP RS 0259(9) is amended as follows: in budget year fiscal year 1999, by striking the construction figure $97,275, by striking the total figure $127,275 and inserting in lieu thereof $30,000, by striking the state figure $31,819 and inserting in lieu thereof $7,500 and by striking the federal figure $95,456 and inserting in lieu thereof $22,500. In budget year fiscal year 2000, by striking the construction figure $525,000 and inserting in lieu thereof $311,138, by striking the total figure $525,000 and inserting in lieu thereof $311,138, by striking the state figure $131,250 and inserting in lieu thereof $77,784 and by striking the federal figure $393,750 and inserting in lieu thereof $233,354. In budget year fiscal year 2001, by adding to the construction figure $311,137, by adding to the state figure $77,784 and by adding to the federal figure $233,353.

(3) The schedule for roadway project Moretown, project no. STP EGC RSEGC RS 0167(9) is amended as follows: in budget year fiscal year 1999, by striking the construction fugure $200,000, by striking the total figure $597,000 and inserting in lieu thereof $397,000, by striking the state figure $29,850 and inserting in lieu thereof $19,850 and by striking the federal figure $567,150 and inserting in lieu thereof $377,150. In budget year fiscal year 2000, by striking the construction figure $2,152,500 and inserting in lieu thereof $700,000, by striking the total figure $2,175,600 and inserting in lieu thereof $723,100, by striking the state figure $108,780 and inserting in lieu thereof $36,155 and by striking the federal figure $2,066,820 and inserting in lieu thereof $686,945. In budget year fiscal year 2001, by striking the construction figure $959,175 and inserting in lieu thereof $2,611,675, by striking the total figure $970,200 and inserting in lieu thereof $2,622,700, by striking the state figure $48,510 and inserting in lieu therof $131,135 and by striking the federal figure $921,690 and inserting in lieu thereof $2,491,565.

(4) The schedule for roadway project Richmond, project no. STP 0284(16)S is amended as follows: in budget year fiscal year 2000, by striking the construction, total, state and federal figures of $1,575,000, $1,575,000, $157,500, and $1,417,500 respectively. In budget year fiscal year 2001, by adding to the construction and total figures $1,575,000 each, by adding to the state figure $157,500 and by adding to the federal figure $1,417,500.

(5) The schedule for roadway project Rutland Town, project no. NHG SGNL(5)S is amended as follows: in budget year fiscal year 2000, by striking the construction, total, and federal figures $98,947 and inserting in lieu thereof $150,000 respectively

(6) The schedule for roadway project Stowe, project no. STP 029 - 1(16) is amended as follows: in budget year fiscal year 2000, by striking the construction figure $60,299 and by striking the total figure $77,099 and inserting in lieu thereof $16,800, by striking the state figure $15,420 and inserting in lieu thereof $3,360 and by striking the federal figure $61,679 and inserting in lieu thereof $13,440. In budget year fiscal year 2001, by striking the construction and total figures $199,442 and inserting in lieu thereof $259,967 respectively, by striking the state figure $39,888 and inserting in lieu thereof $51,993 and by striking the federal figure $159,554 and inserting in lieu thereof $207,974.

(7) The schedule for public transit project statewide (operating assistance for transit operators, Vermont Association for the Blind and Visually Impaired) is amended as follows: in budget year fiscal year 2000, by striking the “other” and total figures of $5,235,990 and inserting in lieu thereof $6,635,990 respectively and by striking the state figure $2,320,000 and inserting in lieu thereof $3,220,000 and by striking the federal figure of $2,048,355 and inserting in lieu thereof $2,548,355.

(8) Funding for level and shim under the paving program is decreased by $1,500,000 as follows: in budget year fiscal year 2000, by striking the construction figure $56,662,911 and inserting in lieu thereof $55,162,911, by striking the total figure $59,162,911 and inserting in lieu thereof $57,662,911 and by striking the state number $12,576,739 and inserting in lieu thereof $11,076,739.

(9) A new project is added to the rail and aviation program, Hoosick-Burlington. The agency of transportation, or a consultant of its choice, shall inspect five bridges on the Hoosick branch from the New York state line to the Boston & Maine railroad main line in Hoosick Junction.

(10) The schedule for the public transit program, statewide project is amended as follows: in budget year fiscal year 2000 by striking the figures for “other” and total of $1,791,296 and inserting in lieu thereof $1,831,296 and by striking the state figure of $0.00 and inserting in lieu thereof $5,000 respectively, by striking the federal figure of $1,433,037 and inserting in lieu thereof $1,465,037 and by striking the local figure $358,259 and inserting in lieu thereof $361,259.

(11) The schedule for public transit project statewide capital project is amended as follows: in budget year fiscal year 2000, by striking the figure “other” and the total figure of $6,282,000 and inserting in lieu thereof $4,722,000 respectively, by striking the state figure $628,200 and inserting in lieu thereof $476,200, by striking the federal figure $5,025,600 and inserting in lieu thereof $3,777,600 and by striking the local figure $628,200 and inserting in lieu thereof $468,200.

(12) A new project is added in the rail and aviation program for assistance to the New England Central Railroad. The sum of up to $100,000 is appropriated from federal funds to the agency of transportation rail and aviation program (account #0408813300) which shall be matched by the New England Central Railroad for preliminary engineering, to make the railroad suitable for double stack traffic, including the tunnel at Bellows Falls.

(13) The schedule for the statewide technical services program is amended as follows: in budget year fiscal year 2000, by striking the figure “other” and the total figure of $6,175,000 and inserting in lieu thereof $6,065,000 respectively, by striking the state figure $2,725,000 and inserting in lieu thereof $2,675,000 and by striking the federal figure $3,450,000 and inserting in lieu thereof $3,390,000.

(14) The schedule for the statewide enhancements program is amended as follows: in budget year fiscal year 2000 by striking the figure “other” and the total figure of $4,890,243 and inserting in lieu thereof $4,640,243 respectively, and by striking the state figure $250,000.

(15) The schedule for program “other” statewide project development is amended as follows: in budget year fiscal year 2000, by striking the figure “other” and the total figure of $4,381,845 and inserting in lieu thereof $4,331,845 respectively, and by striking the state figure $2,892,965 and inserting in lieu thereof $2,842,965.

(16) The schedule for program for the statewide maintenance program is amended as follows: in budget year fiscal year 2000, by striking the figure “other” and the total figure of $43,628,956 and inserting in lieu thereof $43,378,956 respectively, and by striking the state figure $36,428,956 and inserting in lieu thereof $36,178,956.

(17) The schedule for the statewide airport master plan is deleted and the agency of transportation shall enter this project under aeronautical on the development and evaluation list.

(18) A new project is added in the rail and aviation program for the state airport in Franklin County to install an automated surface observation system. The sum of $200,000 is appropriated to the rail and aviation program (account #0408813300) from the transportation fund for that purpose.

(19) A new project is added in the rail and aviation program for the state airport in Caledonia County to install an automated surface observation system. The sum of $200,000 is appropriated to the rail and aviation program (account #0408813300) from the transportation fund for that purpose.

(c) Pursuant to Sec. 27 of Act No. 144 of 1998, the general assembly approves cancellation of the following projects:

(1) Clarendon RRP 2033(13)S;

(2) Hartford STP BIKE (16)S;

(3) Montgomery Bike Tech(1)S; and

(4) Norwich STP 2034(12).

* * * Advancement and Substitution of Projects * * *

Sec. 2. ADVANCEMENT OR CANCELLATION OF PROJECTS

Should capital projects in the program for the current fiscal year be delayed for any reason, the secretary of transportation is authorized to advance other projects in the same year or subsequent years. No project shall be decertified or canceled without the approval of the general assembly.

Sec. 3. ADDITIONAL FEDERAL FUNDS

(a) To enable the state of Vermont to take advantage of additional federal funds that may be made available, the secretary of transportation is authorized to accelerate projects in the state's transportation capital program and project development plan. The secretary of transportation shall report quarterly to the members of the joint transportation oversight committee and members of the House and Senate committees on transportation on any changes in the scheduling of the projects in the transportation capital program or project development plan and shall additionally submit the report required in

19 V.S.A. § 10h, relating to cost overruns.

(b) The agency of transportation is authorized to receive and spend any additional federal funds designated for rail projects. Notwithstanding 32V.S.A. § 706, the secretary of transportation may transfer up to $1,000,000 from any unexpended prior years state funds from any agency program, excluding the town programs, to match these additional federal funds.

* * * State Highway System Additions and Deletions * * *

Sec. 4. ADDITIONS AND DELETIONS TO STATE HIGHWAY SYSTEM

Pursuant to 19 V.S.A § 15(2), approval is granted for the secretary of transportation to enter into an agreement with the town of Waitsfield to relinquish to the town’s jurisdiction the portion of the old Vermont Route 100 right-of-way formerly used as the site of a state highway garage.

* * * Central Garage * * *

Sec. 5. 19 V.S.A. § 13 is amended to read:

§ 13. CENTRAL GARAGE REVOLVING FUND

(a) There is created a central garage revolving fund which shall be used:

(1) to furnish equipment on a rental basis to the districts and other sections of the agency for use in construction, maintenance and operation of highways or other transportation activities; and

(2) to provide a general equipment repair and major overhaul service as well as furnish necessary supplies for the operation of the equipment; and

(3) to provide storage facilities.

(b) New additional equipment as distinguished from new replacement equipment shall not be acquired except by legislative approval. To maintain a safe, reliable equipment fleet, new or replacement highway maintenance equipment may be acquired, using internal equipment funds, lease, lease-purchase or other funding methods determined to be in the best interests of the state. The agency is authorized to acquire replacement pieces for existing highway equipment, or new, additional equipment equivalent to equipment already owned, as dictated by mission requirements; however, the agency shall not increase the total number of permanently assigned or authorized motorized or self-propelled vehicles without legislative approval.

(c) In each fiscal year, net income of the fund earned during that fiscal year shall be retained in the fund.

(d) The fiscal year of the central garage for computing net worth and net income shall be the year ending June 30.

(e) Annually the auditor of accounts shall conduct an examination of the central garage revolving fund and report his or her findings in accordance with 32 V.S.A. § 163(5).

(f) For purposes of this section, “equipment” means registered motor vehicles and highway maintenance equipment assigned to the central garage revolving fund.

Sec. 6. LEASE-PURCHASE OF REPLACEMENT HEAVY EQUIPMENT

To relieve the problem of obsolete maintenance equipment, the agency of transportation is authorized to purchase up to $5,000,000 of replacement equipment, using the “lease-purchase” method. Funds required for lease payments shall derive from revenue acquired and designated for the central garage revolving fund.

* * * Railroads * * *

Sec. 7. ACQUISITION AND REHABILITATION OF BOSTON & MAINE

RAILROAD LINE FROM WHITE RIVER JUNCTION TO WELLS RIVER

(a) The secretary of transportation, as agent for the state of Vermont, is authorized to acquire the Boston and Maine Corporation’s railroad line between Hartford (White River Junction) and Newbury (Wells River), to lease the line for continued railroad operation and to assist with rehabilitating the line to repair washouts and to remedy deferred maintenance.

(b) For the purposes of subsection (a) of this section, the agency may add a new project to the transportation capital program for fiscal year 1999.

(c) Notwithstanding any other law to the contrary, should an agreement be reached for acquiring the Boston and Maine Corporation’s railroad line between Hartford (White River Junction) and Newbury (Wells River), the secretary of transportation is authorized and directed to transfer an amount of any unexpended state funds appropriated to the agency of transportation in FY 1999 to the rail, air and public transit appropriation line, excluding funds appropriated for town highways, up to the amount required for such acquisition and rehabilitation of the line to repair washouts and to remedy deferred maintenance. The amount transferred to the rail, air and public transit appropriation line shall be used for the purposes contained in subsection (a) of this section.

(d) Prior to the release of any funds in accordance with subsection (c) of this section, the secretary of transportation shall brief the joint fiscal committee on the details of the acquisition and committee approval shall be necessary before the expenditure of any funds.

Sec. 8. 5 V.S.A. §3593 is added to read:

§ 3593. Partial reimbursement of crossing maintenance costs; crossing surfaces

(a) Definitions. For purposes of this section:

(1) “Public rail-highway crossings” means at-grade crossings determined by the agency to be active public crossings. Public crossings shall

not include crossings on railroad lines that have been abandoned or embargoed.

(2) “Active warning devices” means flashing lights, signals, automatic gates or manually-operated gates.

(b) Reimbursement. To the extent funds are appropriated for this purpose by the general assembly, the agency shall reimburse railroads up to $2,000.00 annually for the maintenance of each public rail-highway crossing equipped with flashing light signals and $2,500.00 annually for the maintenance of each crossing equipped with automatic or manually-operated gates. Any reimbursement under this subsection shall be reduced by any amount that a municipality or some other third party is separately required to contribute to the railroad’s cost of maintaining active warning devices at a public

rail-highway crossing, whether because of some contractual obligation or because of a regulatory order entered by the transportation board or one of its predecessor agencies.

(c) Failure of railroad to perform maintenance. Payment to any railroad may be made contingent on the railroad’s performing inspection and maintenance of active warning devices in accordance with regulations promulgated by the Federal Railroad Administration.

(d) Maintenance of crossing surface. The agency shall be responsible for

maintenance, repair, replacement and installation of highway surfaces at public rail-highway crossings.

(e) Quiet zones; special agreements. Notwithstanding this section, the agency may enter into special agreements to reimburse a railroad for inspecting and maintaining signals and related equipment at crossings that have been specially designated as “quiet zones” pursuant to section 3582 of this title.

(f) Rulemaking. The secretary may adopt rules to implement this program.

Sec. 9. NEW ENGLAND CENTRAL RAILROAD; DOUBLE STACK

CLEARANCES

(a) The secretary of transportation, in consultation with the New England Central Railroad, shall continue to evaluate the feasibility of making the railroad suitable for double stack traffic, according to industry clearance standards, including the tunnel at Bellows Falls. The evaluation shall include consideration of the engineering and construction requirements and financing options to achieve the increased clearance. The secretary of transportation shall provide an updated report to the House and Senate committees on transportation by January 15, 2000, on the status of the evaluation and on any recommended coursed of action.

(b) In conducting the evaluation, the secretary of transportation shall solicit local and regional input and seek to involve the New England Central Railroad, as well as other state agencies and departments, including the agency of commerce and community development.

Sec. 10. IMPROVEMENTS TO STATE-OWNED AND PRIVATE RAIL

INFRASTRUCTURE

It is the state rail policy that improvements to state-owned and private rail infrastructure should be constructed to a standard that will accommodate rail equipment at a laden weight of 315,000 pounds, except in those instances where the secretary determines that improvement or maintenance to a lesser weight standard is appropriate for the uses of a particular rail line.

Sec. 11. ALBANY-BENNINGTON-RUTLAND-BURLINGTON RAIL

PROJECT

Of the $2,300,000 appropriated in the fiscal year 1999 Budget Adjustment Act, $1,450,000 shall be for the purchase of welded rail and cross ties for upgrading the rail line between Hoosick, New York and North Bennington, Vermont. The sum of $850,000 of the $2,300,000 shall be for the purchase and replacement of cross ties between North Bennington and Arlington, Vermont.