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House Calendar
Thursday, April 10, 2014
94th DAY OF THE ADJOURNED SESSION
House Convenes at 1:00 P.M.
TABLE OF CONTENTS
Page No.
ACTION CALENDAR
Third Reading
H. 878
Prevailing wages .............................................................................. 1884
H. 887
Approval of the adoption and the codification of the charter of the
Town of East Montpelier ............................................................................. 1884
S. 223
An act relating to regulating the making of pension loans ............... 1884
Committee Bill for Second Reading
H. 891
The authority of the Secretary of Agriculture, Food and Markets to
respond to and remediate potential public health hazards ........................... 1884
Rep. Bartholomew for Agriculture and Forest Products
NOTICE CALENDAR
Favorable
S. 100
An act relating to forest integrity ..................................................... 1884
Rep. Malcolm for Natural Resources and Energy
Senate Proposal of Amendment
H. 584
Municipal regulation of parking lots and meters ............................. 1884
H. 631
Lottery commissions ....................................................................... 1885
H. 872
The State’s Transportation Program and miscellaneous changes to the
State’s transportation laws ........................................................................... 1885
Consent Calendar
H.C.R. 293
Congratulating the Vermont Commission on Women on its 50th
anniversary .................................................................................................. 1902
H.C.R. 294
Designating Saturday, November 1, 2014 as the Button Up
Vermont Day of Action ............................................................................... 1902
H.C.R. 295
Honoring World War II veteran Walter Berry of East Concord
..................................................................................................................... 1902
H.C.R. 296
Congratulating Judd Levine on being named a 2014 LifeChanger
of the Year ................................................................................................... 1902
H.C.R. 297
Congratulating the Town of Hubbardton on its 250th anniversary
..................................................................................................................... 1903
H.C.R. 298
Congratulating the 2014 Essex High School Vermont National
Education Scholars’ Bowl championship team ........................................... 1903
H.C.R. 299
Congratulating the 2014 Vermont Jr Iron Chef culinary
competition winners .................................................................................... 1903
H.C.R. 300
Congratulating Sam Boudreau on winning the 2014 Vermont
Poetry Out Loud Competition ..................................................................... 1903
H.C.R. 301
Congratulating the 2014 Black River High School girls’
championship snowboarding team .............................................................. 1903
H.C.R. 302
Congratulating the Rutland High School cheerleading team on its
third-place finish at the New England Interscholastic Spirit Championship1903
H.C.R. 303
Congratulating the record-setting 2014 Mt. Anthony Union High
School Patriots’ State championship wrestling team .................................. 1903
H.C.R. 304
Congratulating Frank Pecora on his induction into the National
High School Hall of Fame ........................................................................... 1903
H.C.R. 305
Congratulating the 2014 Thetford Academy Panthers Division III
championship girls’ basketball team ........................................................... 1903
H.C.R. 306
Congratulating the 2013 Oxbow Union High School Lady
Olympians Division III championship softball team ................................... 1903
H.C.R. 307
Recognizing April 2014 as Fair Housing Month in Vermont . 1903
H.C.R. 308
Congratulating Ruth (Shattuck) Austin of Newport on her 100th
birthday ........................................................................................................ 1903
S.C.R. 54
Senate concurrent resolution congratulating the Washington Electric
Cooperative on its 75th anniversary ............................................................ 1903
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ORDERS OF THE DAY
ACTION CALENDAR
Third Reading
H. 878
An act relating to prevailing wages
H. 887
An act relating to approval of the adoption and the codification of the charter
of the Town of East Montpelier
S. 223
An act relating to regulating the making of pension loans
Committee Bill for Second Reading
H. 891
An act relating to the authority of the Secretary of Agriculture, Food and
Markets to respond to and remediate potential public health hazards.
(Rep.
Bartholomew
of
Hartland
will
speak
for
the
Committee
on
Agriculture and Forest Products.)
NOTICE CALENDAR
Favorable
S. 100
An act relating to forest integrity
Rep. Malcolm of Pawlet,
for the Committee on
Natural Resources and
Energy
, recommends that the bill ought to pass in concurrence.
(Committee Vote: 11-0)
(For text see Senate Journal March 19, 2014 )
Senate Proposal of Amendment
H. 584
An act relating to municipal regulation of parking lots and meters
The Senate proposes to the House to amend the bill as follows:
In Sec. 2, 24 V.S.A. § 2291, in subdivision (26), at the end of the second
sentence, after ―land necessary for such projects‖ by inserting subject to the
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restrictions set forth in section 2805 of this title and 18 V.S.A. § 5318
(For text see House Journal March 13, 2014 )
H. 631
An act relating to lottery commissions
The Senate proposes to the House to amend the bill as follows:
Sec. 1.
LOTTERY COMMISSION BONUS
(a)
Under the State Lottery Commission Lottery Rules and Regulations, the
Lottery Commission shall pay a one percent bonus payment to licensed lottery
agents who sell any draw game ticket that wins at least $10,000.00.
The one
percent bonus payment shall not exceed $30,000.00, and payment shall be
made to lottery agents once the draw game results become official, regardless
of whether the ticket is claimed or unclaimed.
(b)
On or before July 1, 2015, the Executive Director of the Lottery
Commission shall amend the State Lottery Commission Lottery Rules and
Regulations to be consistent with the requirements of subsection (a) of this
section.
Sec. 2.
REPEAL
Sec. 1(a) of this act shall be repealed 45 days after such time as the Lottery
Commission has issued a rule updating the State Lottery Commission Lottery
Rules and Regulations.
Sec. 3.
EFFECTIVE DATE
This act shall take effect on July 1, 2014.
(For text see House Journal February 28, 2014 )
H. 872
An act relating to the State’s Transportation Program and miscellaneous
changes to the State’s transportation laws
The Senate proposes to the House to amend the bill by striking all after the
enacting clause and inserting in lieu thereof the following:
* * * Transportation Program; Definitions * * *
Sec. 1.
TRANSPORTATION PROGRAM ADOPTED; DEFINITIONS
(a)
The
Agency
of
Transportation’s
proposed
fiscal
year
2015
Transportation Program appended to the Agency of Transportation’s proposed
fiscal year 2015 budget, as amended by this act, is adopted to the extent
federal, State, and local funds are available.
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(b)
As used in this act, unless otherwise indicated:
(1)
―Agency‖ means the Agency of Transportation.
(2)
―Secretary‖ means the Secretary of Transportation.
(3)
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.
(4)
―TIB
funds‖
or
―TIB‖
refers
to
monies
deposited
in
the
Transportation Infrastructure Bond Fund in accordance with 19 V.S.A. § 11f.
* * * Program Development – Funding Sources * * *
Sec. 2.
PROGRAM DEVELOPMENT – FUNDING
Spending authority in the Program Development program is modified in
accordance with this section.
Among projects selected in the Secretary’s
discretion, the Secretary shall:
(1)
reduce project spending authority in the total amount of
$1,500,000.00 in TIB funds; and
(2)
increase
project
spending
authority
in
the
total
amount
of
$1,500,000.00 in transportation funds.
* * * Paving Program * * *
Sec. 3.
PROGRAM DEVELOPMENT—PAVING
Spending authority for the statewide–district leveling activity within the
Program Development—Paving Program is amended to read:
FY14
As Proposed
As Amended
Change
PE
0
0
0
Construction
6,000,000
6,084,089
84,089
Total
6,000,000
6,084,089
84,089
Sources of funds
State
6,000,000
6,084,089
84,089
TIB
0
0
0
Federal
0
0
0
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Total
6,000,000
6,084,089
84,089
Sec. 4.
SUPPLEMENTAL PAVING SPENDING
(a)
Notwithstanding 32 V.S.A. § 706 and the limits on program, project, or
activity spending authority approved in the fiscal
year 2014 and 2015
Transportation Programs, the Secretary, with the approval of the Secretary of
Administration and subject to the provisions of subsection (b) of this section,
may transfer Transportation Fund appropriations, other than appropriations for
the Town Highway State Aid, Structures, and Class 2 roadway programs, to
the Program Development (8100001100) – Paving appropriation, for the
specific purpose of improving the condition of selected State highways and
Class 1 town highways that have incurred damage caused by winter weather of
2013–2014.
(b)
If a contemplated transfer of an appropriation would, by itself, have the
effect of significantly delaying the planned work schedule of a project which
formed the basis of the project’s funding in the fiscal year of the contemplated
transfer, the Secretary shall submit the proposed transfer for approval by the
House and Senate Committees on Transportation when the General Assembly
is in session and, when the General Assembly is not in session, by the Joint
Transportation Oversight Committee.
In all other cases, the Secretary may
execute the transfer, giving prompt notice thereof to the Joint Fiscal Office and
to the House and Senate Committees on Transportation when the General
Assembly is in session and, when the General Assembly is not in session, to
the Joint Transportation Oversight Committee.
(c)
This section shall expire on June 30, 2015.
* * * Supplemental Appropriation; Amendment * * *
Sec. 5.
2014 Acts and Resolves No. 95, Sec. 53 is amended to read:
Sec. 53.
TRANSPORTATION – SUPPLEMENTAL APPROPRIATION
(a)
The following is appropriated in fiscal year 2014 to the Agency of
Transportation:
Transportation Fund
$1,626,284
(b)
The funds appropriated in subsection (a) of this section are authorized
for appropriation and expenditure at the discretion of the Secretary of
Transportation as follows:
(1) To the Transportation – maintenance State system appropriation
(8100002000) for the specific purpose of excessive winter maintenance costs
caused by winter weather of 2013–2014.
(2)
To
the
Transportation – program
development
appropriation
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(8100001100) paving program for the specific purpose of improving the
condition of State highways and Class 1 town highways that have incurred
damage caused by winter weather of 2013–2014.
(c)
The Secretary shall report in July 2014 to the Joint Transportation
Oversight Committee on the appropriation and expenditure authorized in
subsection (b) of this section.
* * * Supplemental Winter Maintenance Spending * * *
Sec. 6.
SUPPLEMENTAL WINTER MAINTENANCE SPENDING
(a)
Notwithstanding 32 V.S.A. § 706 and the limits on program, project, or
activity spending authority approved in the Fiscal Year 2014 Transportation
Program, the Secretary, with the approval of the Secretary of Administration
and subject to the provisions of subsection (b) of this section, may transfer up
to
$3,000,000.00
in
Transportation
Fund
appropriations,
other
than
appropriations for the Town Highway State Aid, Structures, and Class 2
Roadway
Programs,
to
the
Transportation – maintenance
state
system
appropriation (8100002000) for the specific purpose of paying for excessive
winter maintenance costs caused by winter weather of 2013–2014.
(b)
If a contemplated transfer of an appropriation would, by itself, have the
effect of significantly delaying the planned work schedule of a project, the
Secretary shall submit the proposed transfer for approval by the House and
Senate Committees on Transportation when the General Assembly is in session
and, when the General Assembly is not in session, by the Joint Transportation
Oversight Committee.
In all other cases, the Secretary may execute the
transfer, giving prompt notice thereof to the Joint Fiscal Office and to the
House and Senate Committees on Transportation when the General Assembly
is in session and, when the General Assembly is not in session, to the Joint
Transportation Oversight Committee.
(c)
This section shall expire on June 30, 2014.
* * * Transportation Buildings * * *
Sec.
7.
TRANSPORTATION
BUILDINGS;
INTERSTATE
MAINTENANCE DEPOTS
The following project is added to the Transportation Buildings Program
within the fiscal year 2015 Transportation Program:
Statewide Interstate
Maintenance Depots (study of feasibility of conversion of closed rest areas to
statewide interstate maintenance depots).
* * * Program Development – Safety and Traffic Operations * * *
Sec. 8.
PROGRAM DEVELOPMENT – SAFETY AND TRAFFIC
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OPERATIONS
The following project is added to the candidate list of the Program
Development – Safety and Traffic Operations Program within the fiscal year
2015 Transportation Program:
Woodford—Searsburg—VT9 Truck Chain Up
Areas (areas for trucks to pull off the traveled way in order to install chains).
* * * Rail * * *
Sec. 9.
RAIL
(a)
The following project is added to the Rail Program:
Leicester–New
Haven (upgrade track to continuously welded rail on the Vermont Railway
Northern Subdivision from Leicester mile post 76.99 to New Haven mile post
93.48).
(b)
The Agency is encouraged to apply for a federal discretionary grant to
cover, in whole or in part, the cost of the Leicester–New Haven project.
In the
event the State is awarded a grant for this project, authority to spend the federal
grant funds is added to the fiscal year 2015 Transportation Program—Rail
Program and the amount of federal funds awarded is appropriated to the fiscal
year 2015 Transportation Program—Rail Program.
Sec. 10.
RAILROAD BRIDGE LOAD RATINGS
(a)
Notwithstanding 32 V.S.A. § 706 and the limits on program, project, or
activity spending authority approved in the Fiscal Year 2015 Transportation
Program, the Secretary, with the approval of the Secretary of Administration
and subject to the provisions of subsection (b) of this section, may transfer up
to
$3,000,000.00
in
Transportation
Fund
appropriations,
other
than
appropriations for the Town Highway State Aid, Structures, and Class 2
Roadway Programs, to the Transportation – rail appropriation (8100002300)
for the specific purpose of paying for improvements to State-owned railroad
bridges to address insufficient load ratings if necessary to maintain rail service
at current levels.
(b)
If a contemplated transfer of an appropriation would, by itself, have the
effect of significantly delaying the planned work schedule of a project, the
Secretary shall submit the proposed transfer for approval by the House and
Senate Committees on Transportation when the General Assembly is in session
and, when the General Assembly is not in session, by the Joint Transportation
Oversight Committee.
In all other cases, the Secretary may execute the
transfer, giving prompt notice thereof to the Joint Fiscal Office and to the
House and Senate Committees on Transportation when the General Assembly
is in session and, when the General Assembly is not in session, to the Joint
Transportation Oversight Committee.
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(c)
This section shall expire on June 30, 2015.
* * * Authorization of Positions * * *
Sec. 11.
AUTHORIZATION OF POSITIONS
(a)
Sixteen limited service positions at the Agency shall be converted to
permanent classified positions on July 1, 2015.
(b)
The Agency is authorized to establish three new permanent classified
positions to carry out the Local Technical Assistance Program created pursuant
to Sec. 12 of this act.
* * * Local Technical Assistance Program * * *
Sec. 12.
TOWN HIGHWAY VERMONT LOCAL ROADS; LOCAL
TECHNICAL ASSISTANCE PROGRAM
(a)
On or before June 30, 2015, the Agency shall complete a transition of
the Vermont Local Roads Program from a grant program operated by grantee
Saint Michael’s College to a program operated by the Agency’s Vermont
Transportation Training Center.
The Agency shall continue to offer the
Vermont Local Roads Program a grant agreement until at least April 15, 2015.
(b)
In making the transition, the Agency shall create a Local Technical
Assistance
Program (LTAP
or
Program)
within
the
Agency’s
Vermont
Transportation Training Center.
Consistent with the history of services
provided by the Vermont Local Roads Program, the purpose of the LTAP will
be to provide transportation-related technical assistance and training for
municipalities, including workshops, technology demonstrations, computer
training, distance learning, seminars, and field and classroom instruction.
If it
is legally permissible for the LTAP to use the name Vermont Local Roads, the
Agency may continue to use that name.
(c)(1)
Upon completion of the transition described in this section, the Town
Highway Vermont Local Roads Program within the Agency’s proposed fiscal
year 2015 Transportation Program shall be renamed the Local Technical
Assistance Program.
(2)
Funding for the Vermont Local Roads Program approved and
appropriated by the General Assembly for fiscal year 2015 that is unexpended
by Vermont Local Roads Program shall be used for operating expenses of the
LTAP.
(d)
In carrying out the Local Technical Assistance Program, the Agency
shall:
(1)
offer the same or substantially similar courses as were offered by the
Vermont Local Roads Program, as long as demand from municipalities
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justifies continuing such course offerings;
(2) offer courses in multiple locations throughout the State, to a similar
or greater extent than the Vermont Local Roads Program offered courses
throughout the State; and
(3)
continue providing municipalities the support functions that the
Vermont Local Roads Program provided, including facilitating list serves,
issuing informational newsletters, providing technical assistance consultation,
maintaining a website, and supporting cooperation and communication among
municipal transportation officials and employees.
(e)(1)
On or before January 15, 2015, the Agency shall provide the House
and Senate Committees on Transportation an LTAP work plan for fiscal year
2016 detailing how the Program will accomplish the requirements set forth in
subsection (d) of this section.
(2)
Prior to submitting the work plan required under subdivision (1) of
this subsection to the Committees, the Agency shall:
(A)
in consultation with the Vermont League of Cities and Towns
and any other person the Agency deems appropriate, solicit from all Vermont
towns, villages, and cities recommendations on:
(i)
how
the
LTAP
can
provide
effective
municipal
transportation-related technical assistance and training; and
(ii)
new training, technical assistance, or support functions that
could be provided through the LTAP.
(B)
consider
the
input
and
recommendations
received
from
municipalities in developing the LTAP work plan.
Sec. 13.
19 V.S.A. § 318 is added to read:
§ 318.
LOCAL TECHNICAL ASSISTANCE PROGRAM; INPUT FROM
MUNICIPALITIES
(a)
Prior to submitting a fiscal year Local Technical Assistance Program
(LTAP) work plan to the Federal Highway Administration for approval, the
Agency shall, in consultation with the Vermont League of Cities and Towns
and any other person the Agency deems appropriate, solicit from all Vermont
towns, villages, and cities:
(1)
input on whether the Agency is providing effective municipal
transportation-related technical assistance and training through the LTAP;
(2)
recommendations on how to improve the Agency’s operation of the
LTAP; and
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(3)
recommendations for new training, technical assistance, or support
functions to be provided through the LTAP.
(b)
The Agency shall consider the input and recommendations received
from municipalities in developing its annual LTAP work plan.
(c)
Upon request, the Agency shall provide the Vermont League of Cities
and Towns administrative support in soliciting and collecting municipal input
and recommendations.
* * * Central Garage * * *
Sec. 14.
TRANSFER TO CENTRAL GARAGE FUND
Notwithstanding 19 V.S.A. § 13(c), in fiscal year 2015, the amount of
$1,120,000.00 is transferred from the Transportation Fund to the Central
Garage Fund created in 19 V.S.A. § 13.
* * * Cancellation of Projects * * *
Sec. 15.
CANCELLATION OF PROJECTS
Pursuant to 19 V.S.A. § 10g(h) (legislative approval for cancellation of
projects), the General
Assembly approves cancellation of the following
projects:
(1)
Program Development – State Highway Bridges:
(A)
Chester ER 016-1(31) (rehabilitation of VT 11 BR 43);
(B)
Colchester BF 028-1(29) (development and evaluation);
(C)
Enosburg BF 027-1(24) (replacement of VT 108 BR 49);
(D)
Richford STP 034-2( )S (replacement of culvert on VT 105
BR 37);
(2)
Program Development – Town Highway Bridges:
(A)
Bethel BO 1444( ) (TH 19 BR 35);
(B)
Brownington BRO 1449(32) (TH 39 BR 18);
(C)
Jamaica BRO 1442(37) (TH 33 BR 31);
(D)
Reading BO 1444( ) (TH 54 BR 28);
(E)
Stockbridge BO 1444( ) (TH 51 BR 30);
(F)
Wheelock TH3 9644 (TH 17 BR 20);
(3)
Rail – Development and Evaluation:
Rutland WCRS(21) (Railyard
Relocation).
(4)
Rest Areas:
Derby IM 091-3(8) (expansion of Derby I-91 rest area).
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* * * Discretionary Federal Grants * * *
Sec. 16.
19 V.S.A. § 7(k) is amended to read:
(k)
Upon being apprised of the enactment of a federal law which makes
provision for a federal earmark or the award of a discretionary federal grant for
a transportation project within the State of Vermont, the Agency shall
promptly notify the members of the House and Senate Committees on
Transportation and the Joint Fiscal Office.
Such notification shall include all
available summary information regarding the terms and conditions of the
federal earmark or grant.
For purposes of As used in this section, federal
earmark means a congressional designation of federal aid funds for a specific
transportation project or program.
When the General Assembly is not in
session, upon obtaining the approval of the Joint Transportation Oversight
Committee, the Agency is authorized to add new projects to the transportation
program in order to secure the benefits of federal earmarks or discretionary
grants.
* * * Acceptance of Grants * * *
Sec. 17.
32 V.S.A. § 5 is amended to read:
§ 5.
ACCEPTANCE OF GRANTS
(a)
No original of any grant, gift, loan, or any sum of money or thing of
value may be accepted by any agency, department, commission, board, or
other part of State government except as follows:
(1)
All such items must be submitted to the Governor who shall send a
copy of the approval or rejection to the Joint Fiscal Committee through the
Joint Fiscal Office together with the following information with respect to said
items:
(A)
the source of the grant, gift, or loan;
(B)
the legal and referenced titles of the grant;
(C)
the costs, direct and indirect, for the present and future years
related to such a grant;
(D)
the department and/or program which will utilize the grant;
(E)
a brief statement of purpose;
(F)
impact on existing programs if grant is not accepted.
(2)
The Governor’s approval shall be final unless within 30 days of
receipt of such information a member of the Joint Fiscal Committee requests
such grant be placed on the agenda of the Joint Fiscal Committee, or, when the
General Assembly is in session, be held for legislative approval.
In the event
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of such request, the grant shall not be accepted until approved by the Joint
Fiscal Committee or the Legislature.
The 30-day period may be reduced where
expedited consideration is warranted in accordance with adopted Joint Fiscal
Committee policies.
During the legislative session, the Joint Fiscal Committee
shall file a notice with the House and Senate clerks for publication in the
respective calendars of any grant approval requests that are submitted by the
administration.
(3)
This section shall not apply to the acceptance of grants, gifts,
donations, loans, or other things of value with a value of $5,000.00 or less, or
to the acceptance by the Department of Forests, Parks and Recreation of
grants, gifts, donations, loans, or other things of value with a value of
$15,000.00 or less, provided that such acceptance will not incur additional
expense to the State or create an ongoing requirement for funds, services, or
facilities.
The Secretary of Administration and Joint Fiscal Office shall be
promptly notified of the source, value, and purpose of any items received
under this subdivision.
The Joint Fiscal Office shall report all such items to
the Joint Fiscal Committee quarterly.
(4)
With respect to acceptance of the original of a federal transportation
earmark or of a discretionary federal grant for a transportation project, the
provisions of subdivisions (a)(1) and (a)(2) shall apply, except that in addition:
(A)
notification of the Governor’s approval or rejection shall also be
made
to
the
Chairs
of
the
House
and
Senate
Committees
on
Transportation; and
(B)
such grant or earmark shall be placed on the agenda, and shall be
subject to the approval, of a committee comprising the Joint Fiscal Committee
and the Chairs of the House and Senate Committees on Transportation, if one
of the Chairs or a member of the Joint Fiscal Committee so requests.
* * *
* * * State Highways; Detours * * *
Sec. 18.
19 V.S.A. § 10 is amended to read:
§ 10.
DUTIES
The agency Agency shall, except where otherwise specifically provided
by law:
* * *
(3)
Exercise general supervision of all transportation functions, have the
right to direct traffic on all state State highways which are under construction
and maintenance, and may close all or any part of a state State highway which
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is under construction or repair.
The agency shall properly mark sections of
highway which are closed to traffic, and shall Agency shall maintain detours
comprising State or town highways, or both, around closed sections planned
closures of State highways in excess of 72 hours.
If the Agency maintains a
detour on a town highway, it shall be responsible for repairing any damage to
the town highway caused by the detoured traffic.
* * *
Sec. 19.
23 V.S.A. § 1006a is amended to read:
§ 1006a.
HIGHWAYS; EMERGENCY CLOSURE
(a)
The traffic committee Traffic Committee may close any part or all of
any state State highway to public travel to protect the health, safety, or welfare
of the public.
In such event, the agency of transportation shall properly mark
and Agency may maintain a detour comprising State or town highways, or
both, around the closed section.
If the Agency maintains a detour on a town
highway, it shall be responsible for repairing any damage to the town highway
caused by the detoured traffic.
* * *
* * * Surplus Property * * *
Sec. 20.
19 V.S.A. § 26 is amended to read:
§ 26.
PURCHASE AND SALE OF PROPERTY
(a)(1)
Subject to subsection (b) of this section:
(A)
The Agency may purchase or lease any land, taking conveyance
in the name of the state State, when land is needed in connection with the
layout, construction, repair, and maintenance of any State highway, or the
reconstruction of the highway.
(B)
The Agency may acquire or construct buildings necessary for use
in connection with this work.
(C)
When any of the land or the buildings acquired or the buildings
constructed become no longer necessary for these purposes, the Agency may
sell or lease the property.
(2)
The proceeds from any sale or lease shall be deposited in the
Transportation
Fund and,
unless
otherwise
required
by
federal
law
or
regulation,
shall
be
credited
to
transportation
buildings
to
be
used
for
transportation
building
projects
previously
authorized
by
the
General
Assembly.
* * *
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* * * Consolidated Transportation Report * * *
Sec. 21.
FINDINGS
The General Assembly finds:
(1)
Timely access to accurate and comprehensive information about the
State’s transportation system and the Agency’s activities is necessary for the
House and Senate Committees on Transportation to carry out their oversight
functions and to develop transportation policy.
(2)
Under current law, the Committees receive such information in
several different reports.
(3)
Requiring the Agency to submit one consolidated transportation
system and activities report will facilitate the oversight and policy-setting work
of the Committees and better enable the public to evaluate the State’s
transportation system and the Agency’s activities.
Sec. 22.
19 V.S.A. § 42 is amended to read:
§ 42.
REPORTS PRESERVED; CONSOLIDATED TRANSPORTATION
REPORT
(a)
Notwithstanding 2 V.S.A. § 20(d), the reports or reporting requirements
of this section and sections 7(k), 10b(d), 10c(k), 10c(l), 10e(c), 10g, 11f(i),
12a, and 12b(d) of this title shall be preserved absent specific action by the
General Assembly repealing the reports or reporting requirements.
(b)
Annually, on or before January 15, the Agency shall submit a
consolidated transportation system and activities report to the House and
Senate Committees on Transportation.
The report shall consist of:
(1)
Financial and performance data of all public transit systems, as
defined in 24 V.S.A. § 5088(6), that receive operating subsidies in any form
from the State or federal government, including subsidies related to the Elders
and Persons with Disabilities Transportation Program for service and capital
equipment.
This component of the report shall:
(A)
be developed in cooperation with the Public Transit Advisory
Council;
(B)
be modeled on the Federal Transit Administration’s National
Transit Database Program with such modifications as appropriate for the
various services and guidance found in the most current State policy plan;
(C)
show as a separate category financial and performance data on
the Elders and Persons with Disabilities Transportation Program;
(D)
describe any action the Agency has taken pursuant to contractual
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authority to terminate funding for routes or to request service changes for
failure to meet performance standards.
(2)
Data on pavement conditions of the State highway system that, at a
minimum, shall include a pavement condition index that rates the State
highway system and the current and historic percentage of State highway
pavement mileage that is rated in poor or very poor condition.
(3)
A description of the conditions of bridges, culverts, and other
structures on the State highway system and on town highways and of the status
of the accelerated bridge program.
(4)
Department of Motor Vehicle data, including the number of vehicle
registrations
and
licenses
issued,
revenues
by
category,
transactions
by
category, commercial motor vehicle statistics, and any other information the
Commissioner deems relevant.
(5)
A summary of updates to the Agency’s strategic plans and
performance measurements used in its strategic plans.
(6)
A summary of the statuses of aviation, rail, and public transit
projects programmed for construction during the previous calendar year.
(7)
Data and statistics regarding highway safety, including trends in
vehicle crashes and fatalities, traffic counts, and trends in vehicle miles
traveled.
(8)
An overview of operations and maintenance activities, including
winter maintenance statistics, snow and ice control plans, and equipment
performance measures.
(9)
Data on the miles of State highway paving completed during the
previous construction season.
(10)
A list of projects for which the construction phase was completed
during the most recent construction season.
(11)
Such
other
information
that
the
Secretary
determines
the
Committees on Transportation need to perform their oversight role.
Sec. 23.
19 V.S.A. § 10c is amended to read:
§ 10c.
STATEMENT OF POLICY; HIGHWAYS AND BRIDGES
* * *
(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,
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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
transportation regarding alternate formats and measurements for this report.
[Repealed.]
(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.
[Repealed.]
* * *
Sec. 24.
19 V.S.A. § 10e(c) is amended to read:
(c)
The agency of transportation shall, by January 15 of each year, submit a
rail
report
to
the
members
of
the
house
and
senate
committees
on
transportation.
The report shall include the status of projects programmed for
delivery during the previous calendar year and a summary of any changes to
the agency’s organizational structure which may affect project delivery.
[Repealed.]
Sec. 25.
24 V.S.A. § 5092 is amended to read:
§ 5092.
REPORTS
The Agency of Transportation, in cooperation with the Public Transit
Advisory Council, shall develop an annual report of financial and performance
data of all public transit systems that receive operating subsidies in any form
from the State or federal government, including subsidies related to the elders
and persons with disabilities transportation program for service and capital
equipment.
Financial and performance data on the elders and persons with
disabilities transportation program shall be a separate category in the report.
The report shall be modeled on the Federal Transit Administration’s National
Transit Database Program with such modifications as appropriate for the
various services and guidance found in the most current state policy plan.
The
report shall describe any action taken by the Agency pursuant to contractual
authority to terminate funding for routes or to request service changes for
failure to meet performance standards.
The Agency shall deliver the report to
the General Assembly by January 15 of each year. Notwithstanding 2 V.S.A.
§ 20(d), this annual report shall be produced indefinitely absent specific action
by the General Assembly repealing the report.
[Repealed.]
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* * * Vermont Design Standards * * *
Sec. 26.
RECOMMENDATIONS TO UPDATE VERMONT STATE
DESIGN STANDARDS
(a)
Prior to updating the ―Vermont State Standards for the Design of
Transportation Construction, Reconstruction and Rehabilitation of Freeways,
Roads and Streets‖ (Vermont State Standards), the Secretary shall establish a
multi-disciplinary Stakeholders Group consisting of representatives of public
and private sector entities from the various modes of transportation affected by
the Vermont State Standards to provide the Agency with critical input in
revising the Standards.
(b)
Purpose and charge.
The Stakeholders Group shall:
(1)
Review the current Vermont State Standards and identify areas of
the Standards that require modification to be current with state-of-practice
transportation
facility
design,
and
modifications
to
be
consistent
with
supplemental design guidance and policies prepared by the Agency since 1997.
In fulfilling this primary duty, the Group shall also identify other related
Agency standards and guidance that would need to be addressed to align with
the revised Vermont State Standards.
(2)
Identify barriers, gaps, and opportunities that exist in current Agency
design
practices,
standards,
and
guidance
to
address
the
needs
of
all
transportation modes in a variety of contexts.
(3)
Document the opportunities that exist to modify the existing
Vermont State Standards to meet current state-of-the-industry practices.
(4)
Prepare
an
implementation
plan
and
associated
schedule
for
addressing the various components of the Vermont State Standards that require
modification.
(c)
On or before March 15, 2015, the Agency shall submit a written report
of the Stakeholder Group findings and recommendations to the House and
Senate Committees on Transportation.
* * * Scrap Dealers; Railroad Scrap * * *
Sec. 27.
9 V.S.A. § 3021(8) is added to read:
(8)
―Railroad scrap‖ means any scrap metal consisting primarily of the
steel components used in rolling stock, railroad tracks, including rails, joint
bars, tie plates, anchors, turnouts, frogs, and spikes.
―Railroad scrap‖ also
includes railroad signals and signal components.
Sec. 28.
9 V.S.A. § 3022 is amended to read:
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§ 3022.
PURCHASE OF NONFERROUS SCRAP, METAL ARTICLES,
AND PROPRIETARY ARTICLES, AND RAILROAD SCRAP
(a)
[Repealed.]
(b)
A scrap metal processor may purchase nonferrous scrap, metal articles,
and proprietary articles, and railroad scrap only if the scrap metal processor
complies with all the following procedures:
(1)
At the time of sale, the processor:
(A)
Requires the seller to provide a current government-issued
photographic
identification
that
indicates
the
seller’s
full
name,
current
address, and date of birth, and records in a permanent ledger the identification
information of the seller, the time and date of the transaction, the license
number of the seller’s vehicle, and a description of the items received from the
seller.
(B)
Requests and, if available, collects documentation from the seller
of the items offered for sale, such as a bill of sale, receipt, letter of
authorization, or similar evidence that establishes that the seller lawfully owns
the items to be sold.
(2)
After purchasing an item from a person who fails to provide
documentation pursuant to subdivision (1)(B) of this subsection, the processor:
(A)
Submits to the Department of Public Safety no later than the
close of the following business day a report that describes the item and the
seller’s
identifying
information
required
in
subdivision
(1)(A)
of
this
subsection.
(B)
Holds the item for at least 10 days following purchase.
(c)
The information collected by a scrap metal processor pursuant to this
section shall be retained for at least five years at the processor’s normal place
of business or other readily accessible and secure location.
On request, this
information shall be made available to any law enforcement official or
authorized security agent of a governmental entity who provides official
credentials at the scrap metal processor’s business location during regular
business hours.
* * * Site Plan Review; Access to State Highways * * *
Sec. 29.
24 V.S.A. § 4416 is amended to read:
§ 4416.
SITE PLAN REVIEW
(a)
As prerequisite to the approval of any use other than one- and
two-family dwellings, the approval of site plans by the appropriate municipal
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panel may be required, under procedures set forth in subchapter 10 of this
chapter.
In reviewing site plans, the appropriate municipal panel may impose,
in accordance with the bylaws, appropriate conditions and safeguards with
respect to:
the adequacy of parking, traffic access, and circulation for
pedestrians and vehicles; landscaping and screening; the protection of the
utilization of renewable energy resources; exterior lighting; the size, location,
and design of signs; and other matters specified in the bylaws.
The bylaws
shall specify the maps, data, and other information to be presented with
applications for site plan approval and a review process pursuant to section
4464 of this title.
(b)
Whenever a proposed site plan involves access to a State highway, the
application for site plan approval shall include a letter of intent from the
Agency of Transportation confirming that the Agency has reviewed the
proposed site plan and is prepared to issue an access permit under 19 V.S.A.
§ 1111, and setting out any conditions that the Agency proposes to attach to the
section 1111 permit.
* * * Survey Plats * * *
Sec. 30.
27 V.S.A. § 1404(a) is amended to read:
(a)
Survey
plats
prepared
and
filed
by
municipal
and state State
government agencies shall be exempt from subdivision 1403(b)(6) 1403(b)(5)
of this title.
Each plat sheet filed under this exemption shall contain a title area
in the lower right-hand corner of the sheet stating the location of the land, the
scale expressed in engineering units, and the date of compilation.
Highway
plats or plans filed under this exemption shall also include right-of-way detail
sheets and a title sheet.
* * * Proposed Communications Facilities; Notification to Secretary of
Transportation * * *
Sec. 31.
30 V.S.A. § 248a is amended to read:
§ 248a.
CERTIFICATE OF PUBLIC GOOD FOR COMMUNICATIONS
FACILITIES
* * *
(e)
Notice.
No less than 45 days prior to filing an application for a
certificate of public good under this section, the applicant shall serve written
notice of an application to be filed with the Board pursuant to this section to
the legislative bodies and municipal and regional planning commissions in the
communities in which the applicant proposes to construct or install facilities;
the Secretary of Natural Resources; the Secretary of Transportation; the
Division for Historic Preservation; the Commissioner of Public Service and its
- 1902 -
Director for Public Advocacy; the Natural Resources Board if the application
concerns a telecommunications facility for which a permit previously has been
issued under 10 V.S.A. chapter 151; and the landowners of record of property
adjoining the project sites.
In addition, at least one copy of each application
shall be filed with each of these municipal and regional planning commissions.
Upon motion or otherwise, the Public Service Board shall direct that further
public or personal notice be provided if the Board finds that such further notice
will not unduly delay consideration of the merits and that additional notice is
necessary for fair consideration of the application.
* * *
* * * Effective Dates * * *
Sec. 32.
EFFECTIVE DATES
(a)
This
section
and
Secs.
4
(supplemental
paving
spending),
5
(supplemental
appropriation),
and
6
(supplemental
winter
maintenance
spending), shall take effect on passage.
(b)
All other sections shall take effect on July 1, 2014.
(For text see House Journal March 18, 2014 )
Consent Calendar
Concurrent Resolutions
The following concurrent resolutions have been introduced for approval by
the Senate and House and will be adopted automatically unless a Senator or
Representative requests floor consideration before the end of the session of the
next legislative day.
Requests for floor consideration in either chamber should
be communicated to the Secretary’s office and/or the House Clerk’s office,
respectively.
For text of resolutions, see Addendum to House Calendar and
Senate Calendar.
H.C.R. 293
House concurrent resolution congratulating the Vermont Commission on
Women on its 50th anniversary
H.C.R. 294
House concurrent resolution designating Saturday, November 1, 2014 as the
Button Up Vermont Day of Action
H.C.R. 295
House concurrent resolution honoring World War II veteran Walter Berry of
East Concord
H.C.R. 296
House concurrent resolution congratulating Judd Levine on being named a
2014 LifeChanger of the Year
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H.C.R. 297
House concurrent resolution congratulating the Town of Hubbardton on its
250th anniversary
H.C.R. 298
House concurrent resolution congratulating the 2014 Essex High School
Vermont National Education Scholars’ Bowl championship team
H.C.R. 299
House concurrent resolution congratulating the 2014 Vermont Jr Iron Chef
culinary competition winners
H.C.R. 300
House concurrent resolution congratulating Sam Boudreau on winning the
2014 Vermont Poetry Out Loud Competition
H.C.R. 301
House concurrent resolution congratulating the 2014 Black River High School
girls’ championship snowboarding team
H.C.R. 302
House concurrent resolution congratulating the Rutland High School
cheerleading team on its third-place finish at the New England Interscholastic
Spirit Championship
H.C.R. 303
House concurrent resolution congratulating the record-setting 2014
Mt. Anthony Union High School Patriots’ State championship wrestling team
H.C.R. 304
House concurrent resolution congratulating Frank Pecora on his induction into
the National High School Hall of Fame
H.C.R. 305
House concurrent resolution congratulating the 2014 Thetford Academy
Panthers Division III championship girls’ basketball team
H.C.R. 306
House concurrent resolution congratulating the 2013 Oxbow Union High
School Lady Olympians Division III championship softball team
H.C.R. 307
House concurrent resolution recognizing April 2014 as Fair Housing Month in
Vermont
H.C.R. 308
House concurrent resolution congratulating Ruth (Shattuck) Austin of Newport
on her 100th birthday
S.C.R. 54
Senate concurrent resolution congratulating the Washington Electric
Cooperative on its 75th anniversary
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Information Notice
The Joint Fiscal Committee recently received the following items:
JFO #2673
– $52,000 grant from the Massachusetts Attorney General
to the Vermont Office of the Attorney General.
These funds will be used to
offer a training program for data security certification.
The Vermont Attorney
General will host the International Association of Privacy Professionals
training on behalf of a number of participating state Attorneys General.
The
training will include participants from Vermont.
[
JFO received 03/25/14
]
JFO #2674
– In-kind donation of $150,000 worth of services from
Smart Growth America to the Vermont Agency of Transportation.
Smart
Growth America will provide technical assistance (in the form of facilitated
outreach and training) for the development of an update to the Vermont State
Design Standards.
[
JFO received 3/25/14
]
JFO #2675
– $150,000 grant from the U.S. Department of Energy to
the Vermont Public Service Department.
These funds will pass through the
Clean Energy States Alliance, Inc., to the Public Service Department.
The
funding will be used to develop a plan for reducing ―soft costs‖ associated with
photovoltaic installations in Vermont, with a particular emphasis on the
Burlington area.
Soft costs are construction costs other than labor and
materials, such as architectural, engineering, and legal costs.
[
JFO received 03/25/14
]
JFO #2676
– Seventeen (17) limited service positions in the Agency of
Human Services.
These positions will assist in the process of bidding,
evaluating, and selecting a new Medicaid Management Information System
(MMIS) vendor.
The positions are 90% federally funded (salary and benefits)
and funding is included in the AHS annual budget.
[
JFO received 03/28/14
]
Joint Assembly
Thursday, April 10, 2014 - 10:30 A.M. - Election of one (1) successor
legislative Trustee of the University of Vermont and State Agricultural
College.
Candidates for the position of trustee must notify the Secretary of State in
writing not later than Thursday, April 3, 2014, by 5:00 P.M. pursuant to the
provisions of 2 V.S.A. § 12(b). Otherwise their names will not appear on the
ballots for this position.
- 1905 -
The following rules shall apply to the conduct of these elections:
First: All nominations for these offices will be presented in alphabetical order
prior to voting.
Second: There will be only one nominating speech of not more than three (3)
minutes and not more than two seconding speeches of not more than one (1)
minute each for each nominee.