The Vermont Statutes Online

Title 19: Highways

Chapter 001: State Highway Law; General Transportation Provisions

• § 1. Definitions

  As used in this title:

  (1) “Agency” means the Agency of Transportation.

  (2) “Board” means the Transportation Board.

  (3) “Branch” means a major component of a division of a department or major unit of a department with staff functions.

  (4) “Chair” means the Chair of the Transportation Board, unless otherwise specified.

  (5) “Commissioner” means the Commissioner of Motor Vehicles responsible to the Secretary for the administration of the Department.

  (6) “Department” means the Department of Motor Vehicles.

  (7) “Develop” means the partition or division of any tract of land of any size by a person through sale, lease, transfer, or any other means by which any interest in or to the land or a portion of the land is conveyed to another person that will require the construction of permanent new or enlarged points of access to a State or town highway other than a limited access facility pursuant to subsection 1702a(a) of this title; excluding, however, tracts of land located entirely within a city or incorporated village.

  (8) “Director” means the head of a division.

  (9) “District” means a geographic subdivision of the State primarily established for maintenance purposes.

  (10) “District transportation administrator” means the person in charge of a district.

  (11) “Division” means a major unit of the Agency engaged in line functions other than the Department of Motor Vehicles.

  (12) “Highways” are only such as are laid out in the manner prescribed by statute; or roads that have been constructed for public travel over land that has been conveyed to and accepted by a municipal corporation or to the State by deed of a fee or easement interest; or roads that have been dedicated to the public use and accepted by the city or town in which such roads are located; or such as may be from time to time laid out by the Agency or town. However, the lack of a certificate of completion of a State or town highway shall not alone constitute conclusive evidence that the highway is not public. The term “highway” includes rights-of-way, bridges, drainage structures, signs, guardrails, areas to accommodate utilities authorized by law to locate within highway limits, areas used to mitigate the environmental impacts of highway construction, vegetation, scenic enhancements, and structures. The term “highway” does not include State forest highways, management roads, easements, or rights-of-way owned by or under the control of the Agency of Natural Resources, the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, or the Department of Environmental Conservation.

  (13) “Management road” means a road not designated as a “State forest highway” used for the long-term management of lands owned by or under the control of the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, or the Department of Environmental Conservation to meet the responsibilities and purposes set forth in 10 V.S.A. chapter 83, 10 V.S.A. part 4, and rules adopted under those statutes. The term “management road” includes associated easements and rights-of-way. A “management road” is not a “highway” or a “town highway” as defined in this title, is not a public road, and the public has no common law or statutory right of access or use of such a road. A “management road” may be open for temporary, seasonal uses by the public or may be closed temporarily or seasonally at the discretion of the Agency of Natural Resources, the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, or the Department of Environmental Conservation. A “management road” may be closed permanently upon 30 days’ notice to the governing body of the municipality in which the road is located and any affected user groups. Designation of a road as a “management road” shall not diminish any deeded rights-of-way or easements of private landowners on lands owned or controlled by the Agency of Natural Resources, the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, or the Department of Environmental Conservation.

  (14) “Person” includes a municipality or State agency.

  (15) “Scenic road” means any road designated pursuant to this title.

  (16) “Secretary” means the head of the Agency who shall be a member of the Governor’s Cabinet responsible directly to the Governor for the administration of the Agency.

  (17) “Section” means a major component of a division or department or major unit of the Agency.

  (18) “Selectboard” includes village trustees and city councils.

  (19) “State forest highway” means a road used for the long-term management of lands owned by or under the control of the Department of Forests, Parks and Recreation to meet the responsibilities and purposes set forth in 10 V.S.A. § 2601 et seq. and rules adopted under that statute. The term “State forest highway” includes easements and rights-of-way. A “State forest highway” is not a “highway” or a “town highway” as defined in this title, is not a public road, and the public has no common law or statutory right of access or use of such road. A “State forest highway” may be open for temporary, seasonal uses by the public or may be closed temporarily or seasonally for any reason at the discretion of the Agency of Natural Resources or the Department of Forests, Parks and Recreation. A “State forest highway” may be closed permanently upon 30 days’ notice to the governing body of the municipality in which the road is located and to any affected user groups. Designation of a road as a “State forest highway” shall not diminish any deeded rights-of-way or easements of private landowners on lands owned or controlled by the Agency of Natural Resources or the Department of Forests, Parks and Recreation.

  (20) “State highways” are those highways maintained exclusively by the Agency of Transportation.

  (21) “Throughway” means a highway specially designated giving traffic traveling on the throughway the right of way at all intersections.

  (22) “Town” includes incorporated villages and cities.

  (23) “Town highways” are class 1, 2, 3, and 4 highways:

  (A) that the towns have authority to exclusively or cooperatively maintain; or

  (B) that are maintained by the towns except for scheduled surface maintenance performed by the Agency pursuant to section 306a of this title.

  (24) “Traffic Committee” consists of the Secretary of Transportation or designee, the Commissioner of Motor Vehicles or designee, and the Commissioner of Public Safety or designee and is responsible for establishing speed zones, parking and no parking areas, rules for use of limited access highways, approval of the testing of automated vehicles as defined in 23 V.S.A. § 4202 on public highways, and other traffic control procedures.

  (25) “Limited access highway” means a highway where the right of owners or occupants of abutting land or other persons to access, light, air, or view in connection with the highway is fully or partially controlled by public authority, in accordance with chapter 17 of this title. The term “highway” does not include State forest highways, management roads, easements, or rights-of-way owned by or under the control of the Agency of Natural Resources, the Department of Forests, Parks and Recreation, the Department of Fish and Wildlife, or the Department of Environmental Conservation. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 39, eff. June 3, 1993; 1995, No. 60, § 39, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), §§ 18h, 18k, eff. May 22, 1996; 2003, No. 151 (Adj. Sess.), § 2, eff. June 3, 2004; 2009, No. 50, § 88; 2011, No. 126 (Adj. Sess.), § 3; 2015, No. 97 (Adj. Sess.), § 52; 2019, No. 60, § 17.)

• § 2. Composition of Agency

  (a) The Agency shall be composed of the following:

  (1) the Department of Motor Vehicles;

  (2) such divisions as the Secretary finds necessary to carry out the provisions of Titles 5 and 19, as well as any other duties imposed by law on the Agency or the Secretary; and

  (3) all other boards, councils, committees, or components assigned to or created within the Agency.

  (b) The following units are attached to the Agency for administrative support only:

  (1) Traffic Committee;

  (2) Travel Information Council; and

  (3) all transportation and transit authorities established by law or executive order.

  (c) The Agency shall administer the provisions of Titles 5, 19, and 23, other than those involving quasi-judicial or regulatory functions assigned to the Board.

  (d) The Agency shall also administer other related provisions of law as may be made applicable by law or executive order and perform other functions as may be assigned to it by law or order.

  (e) In addition to the authority and administrative jurisdiction set forth in subsection (c) of this section, the Agency shall have the authority and administrative jurisdiction to develop, promote, supervise, and support safe and adequate transportation services.

  (f) There shall be a section within the Agency dedicated to assisting municipalities and regions in the development and implementation of locally managed transportation projects. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 121, § 15; 1989, No. 246 (Adj. Sess.), § 3; 1991, No. 175 (Adj. Sess.), § 6, eff. May 15, 1992; 1993, No. 61, § 8, eff. June 3, 1993; 1995, No. 60, § 18, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 18b, eff. May 22, 1996; 1997, No. 38, § 6c, eff. May 28, 1997.)

• § 3. Transportation Board; creation; members

  A transportation board is formed to be attached to the Agency of Transportation. There shall be seven members of the Board, appointed by the Governor with the advice and consent of the Senate. The Governor shall so far as is possible appoint Board members whose interests and expertise lie in various areas of the transportation field. The Governor shall appoint the chair. The members of the Board shall be appointed for terms of three years. Board members may be appointed for two additional three-year terms but shall not be eligible for further reappointment. No more than four members of the Board shall belong to the same political party. No member of the Board shall:

  (1) Have an ownership interest in or be employed by a manufacturer, factory branch, distributor, or distributor branch as defined in 9 V.S.A. chapter 108.

  (2) Have an ownership interest in or be a new motor vehicle dealer or an employee of a new motor vehicle dealer as defined in 9 V.S.A. chapter 108.

  (3) Be employed by an association of motor vehicle dealers, manufacturers, or distributors as defined in 9 V.S.A. chapter 108. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 144 (Adj. Sess.), § 22; 2009, No. 57, § 2.)

• § 4. Transportation Board; meetings; quorum; compensation

  The Board shall hold meetings as may be required for the performance of its duties and shall meet at such times and places as may be designated by the Chair. The Chair shall call a meeting upon the written request of the Governor or the written request of two Board members. A majority of the Board shall constitute a quorum. The members of the Board shall receive a per diem as provided by Title 32 for the time actually spent in work authorized by the Board and shall be reimbursed for necessary expenses while away from home. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 5. Transportation Board; powers and duties

  (a) General duties and responsibilities; exceptions. The regulatory and quasi-judicial functions relating to transportation shall be vested in the Board, except that the duties and responsibilities of the Commissioner of Motor Vehicles in Titles 23 and 32, including all quasi-judicial powers, shall continue to be vested in the Commissioner.

  (b) Naming transportation facilities.

  (1) Except as otherwise authorized by law, the Board is the sole authority responsible for naming transportation facilities owned, controlled, or maintained by the State, including highways and the bridges thereon, airports, rail facilities, rest areas, and welcome centers. The Board shall exercise its naming authority only upon petition of the legislative body of a municipality of the State, of the head of an Executive Branch agency or department of the State, or of 50 Vermont residents.

  (2) The Board shall hold a public hearing for each facility requested to be named. The Board shall adopt rules governing notice and conduct of hearings, the standards to be applied in rendering decisions under this subsection, and any other matter necessary for the just disposition of naming requests. The Board shall issue a decision, which shall be subject to review on the record pursuant to subsection (c) of this section. The Board may delegate the responsibility to hold a hearing to a hearing officer or a single Board member, subject to the procedure of subsection (c) of this section, but shall not be bound by 3 V.S.A. chapter 25 in carrying out its duties under this subsection.

  (c) Hearing examiners; report of findings; final orders; judicial review. The Board may delegate the responsibility to hear quasi-judicial matters, and other matters as it may deem appropriate, to a hearing examiner or a single Board member, to hear a case and make findings in accordance with 3 V.S.A. chapter 25, except that highway condemnation proceedings shall be conducted pursuant to the provisions of chapter 5 of this title. A hearing examiner or single Board member so appointed shall report the findings of fact in writing to the Board. Any order resulting from those findings shall be rendered only by a majority of the Board. Final orders of the Board issued pursuant to section 20 of this title (small claims against the Agency) may be reviewed on the record by a Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure. All other final orders of the Board may be reviewed on the record by the Supreme Court.

  (d) Specific duties and responsibilities. The Board shall:

  (1) hear appeals from Agency decisions and rulings regarding measurement, description, or reclassification of town highways pursuant to section 305 of this title;

  (2) hear and determine small claims pursuant to section 20 of this title;

  (3) provide appellate review, when requested in writing, of decisions of the Secretary of Transportation when he or she assumes the powers and duties of a selectboard in highway matters in unorganized towns and gores pursuant to section 16 of this title;

  (4) provide appellate review, when requested in writing, regarding legal disputes in the execution of contracts awarded by the Agency or by municipalities cooperating with the Agency to advance projects in the State’s Transportation Program;

  (5) provide appellate review, when requested in writing, of decisions of the Secretary in administering the provisions of Title 24, relating to junkyards;

  (6) provide appellate review when requested in writing, regarding the fairness of rents and fees charged for the occupancy or use of State-owned properties administered by the Agency;

  (7) provide appellate review, when requested in writing, of Agency decisions and rulings regarding private and commercial access to State highway rights-of-way pursuant to the permit process established in section 1111 of this title;

  (8) 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;

  (9) 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 or involving discontinuances of class 3 or 4 town highways extending into adjacent towns under the provisions of subsection 771(c) of this title;

  (10) when requested by the Secretary, conduct public hearings on matters of public interest, after which it shall transmit its findings and recommendations to the Secretary and the Chairs of the Senate and House Committees on Transportation in a report that shall be a public document;

  (11) enforce all provisions and hear and determine all disputes arising out of 9 V.S.A. chapter 108, the Motor Vehicle Manufacturers, Distributors, and Dealers Franchising Practices Act;

  (12) maintain the accounting functions for the duties imposed by 9 V.S.A. chapter 108 separately from the accounting functions relating to its other duties;

  (13) hear and determine disputes involving a determination of the Agency under section 309c of this title that the municipality is responsible for repayment of federal funds required by the Federal Highway Administration.

  (e) Offices and assistance. Suitable offices and office equipment shall be provided by the State for the Board at Montpelier. The Board may employ clerical or other employees and assistants whom it deems necessary in the performance of its duties and in the investigation of matters within its jurisdiction.

  (f) Jurisdiction; subpoenas; witness fees. The Board shall have the power to determine and adjudicate all matters over which it is given jurisdiction. It may render judgments and make orders and decrees. Whenever the Board is sitting in a quasi-judicial capacity, it may issue subpoenas for the testimony of witnesses or the production of evidence. The fees for travel and attendance of witnesses shall be the same as for witnesses and officers appearing before a Civil Division of the Superior Court.

  (g) Reports to the General Assembly. From time to time, the Board may report to the General Assembly with suggestions of amendment to existing law or of new legislation as it deems necessary and any information concerning the companies, matters, and things under the jurisdiction of the Board and Agency that, in its opinion, will be of interest to the General Assembly.

  (h) Appeals from the Agency to the Board. Unless otherwise provided by law, when an appeal is allowed from the Agency to the Board, the appeal shall be taken by filing a notice of appeal with the Secretary within 30 days of the date of the Agency decision from which the appeal is taken. The Secretary shall promptly forward the notice of appeal to the Board, together with the Agency’s record of decision. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 121, § 20a; 1989, No. 246 (Adj. Sess.), § 4; 1993, No. 172 (Adj. Sess.), § 13; 1997, No. 144 (Adj. Sess.), § 24; 1999, No. 156 (Adj. Sess.), § 31, eff. May 29, 2000; 2001, No. 64, § 11, eff. June 16, 2001; 2005, No. 178 (Adj. Sess.), § 8; 2007, No. 75, § 36; 2009, No. 57, § 3; 2009, No. 123 (Adj. Sess.), §§ 27, 29; 2009, No. 154 (Adj. Sess.), § 238; 2015, No. 40, § 27, eff. March 1, 2016; 2015, No. 167 (Adj. Sess.), § 6; 2021, No. 20, § 75; 2021, No. 184 (Adj. Sess.), § 35, eff. July 1, 2022.)

• § 5a. Executive Secretary

  (a) The Board shall appoint an Executive Secretary, who shall serve during its pleasure. The Board members and Executive Secretary shall be sworn to the faithful discharge of the duties of their offices.

  (b) The Executive Secretary shall have general charge of the office of the Board, keep a full record of its proceedings, file and preserve at its office or in public records all documents and papers entrusted to his or her care, prepare those papers and notices as may be required of him or her by the Board, and perform other duties that the Board may prescribe. The Executive Secretary shall have power, under the direction of the Board, to issue subpoenas for witnesses and to administer oaths in all cases before the Board or pertaining to the duties of the office. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 5b. Conflicts of interest

  (a) A person in the employ of or holding any official relation to any company subject to the supervision of the Board or the Agency, or engaged in the management of a company that is subject to the supervision of the Board or Agency, or owning stock, bonds, or other securities in the company, or who is in any manner connected with the operation of a company that is subject to the supervision of the Board or Agency in this State, shall not be a member or Executive Secretary of the Board or Secretary of Transportation.

  (b) No person holding the office of member, Executive Secretary of the Board, or Secretary of Transportation, either personally or in connection with a partner or agent, may:

  (1) render professional service for or against or make or perform any business contract with any company subject to Board or Agency supervision, relating to the business of the company, except contracts made with them as common carriers or in the regular course of public service; or

  (2) directly or indirectly receive from a company subject to Board or Agency supervision any commission, present, or reward. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 6. Other boards, commissions, councils, and committees

  (a) All other boards, commissions, councils, and committees that under this chapter are a part of the Agency shall be advisory only.

  (b) The Transportation Board is successor to the Public Service Board, the Highway Board, and the Aeronautics Board in the regulatory and quasi-judicial functions related to transportation. It may enforce all orders of those boards that remain in effect. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 5.)

• § 7. Secretary; powers and duties

  (a) The Agency shall be under the direction and supervision of a Secretary, who shall be appointed by the Governor with the advice and consent of the Senate and shall serve at the pleasure of the Governor.

  (b) The Secretary shall be responsible to the Governor and shall plan, coordinate, and direct the functions vested in the Agency in accord with the transportation policies established under this title.

  (c) The Secretary may, with the approval of the Governor, transfer classified positions between the Department, divisions, and other components of the Agency, subject only to personnel laws and rules.

  (d) The Secretary shall determine the administrative, operational, and functional policies of the Agency and be accountable to the Governor for these determinations. The Secretary shall exercise the powers and shall perform the duties required for the Agency’s effective administration.

  (e) In addition to other duties imposed by law, the Secretary shall:

  (1) administer the laws assigned to the Agency;

  (2) coordinate and integrate the work of the Agency;

  (3) supervise and control all staff functions; and

  (4) whenever the Agency is developing preliminary plans for a new or replacement maintenance facility or salt shed, first conduct a review of all previously developed building plans and give priority to utilizing a common, uniform, and preexisting design.

  (f) The Secretary may, within the authority of relevant State and federal statutes and regulations:

  (1) Transfer appropriations or parts of appropriations within or between the Department, divisions, and sections.

  (2) Cooperate with the appropriate federal agencies and receive federal funds in support of programs within the Agency.

  (3) Submit plans and reports, and in other respects comply with federal laws and regulations that pertain to programs administered by the Agency.

  (4) Make rules consistent with the law for the internal administration of the Agency and its programs.

  (5) Create advisory councils or committees as he or she deems necessary within the Agency and appoint the members for a term not exceeding his or hers. Councils or committees created pursuant to this subdivision may include persons who are not officers or employees of the Agency.

  (6) Provide training and instruction for employees of the Agency at the expense of the Agency, and provide training and instruction for employees of Vermont municipalities. Where appropriate, the Secretary may provide training and instruction for municipal employees at the expense of the Agency.

  (7) Organize, reorganize, transfer, or abolish sections and staff function sections within the Agency; except however, the Secretary may not alter the number of highway districts without legislative approval.

  (8) [Repealed.]

  (g) Any and all functions and duties required by law, rules, or policy to be performed by the Secretary or the Agency may be delegated by him or her to any person or component of the Agency that the Secretary deems appropriate.

  (h) The Secretary, with the approval of the Governor, may appoint, outside the classified service, a Deputy Secretary to serve at his or her pleasure and to perform such duties as the Secretary may prescribe. The appointment shall be in writing and recorded in the Office of the Secretary of State. The Deputy Secretary shall discharge the duties and responsibilities of the Secretary in the Secretary’s absence. In case a vacancy occurs in the Office of the Secretary, the Deputy shall assume and discharge the duties of office until the vacancy is filled.

  (i) The Secretary shall assume the powers and duties of a selectboard in highway matters in unorganized towns and gores pursuant to section 16 of this title.

  (j) The Secretary may, after consulting with the Secretary of Natural Resources, adopt rules governing public access to and use of environmental mitigation sites administered by the Agency of Transportation. Signs indicating the rules shall be conspicuously posted in or near all areas affected. Any person who violates these rules shall be subject to a penalty of not more than $300.00.

  (k) Upon being apprised of the enactment of a federal law that 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. 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. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1987, No. 146 (Adj. Sess.), eff. April 13, 1988; 1989, No. 246 (Adj. Sess.), §§ 6, 49; 1993, No. 172 (Adj. Sess.), §§ 14, 15; 1995, No. 60, § 19, eff. April 25, 1995; 1999, No. 156 (Adj. Sess.), § 16, eff. May 29, 2000; 2001, No. 64, § 20, eff. June 16, 2001; 2001, No. 141 (Adj. Sess.), § 44; 2005, No. 175 (Adj. Sess.), § 23; 2013, No. 12, § 19; 2013, No. 167 (Adj. Sess.), § 16; 2015, No. 40, § 16; 2021, No. 20, § 76.)

• § 7a. Hearing before Secretary

  (a) In the administration of the laws relating to highways, the Secretary may conduct hearings, subpoena witnesses, administer oaths, and take testimony. He or she may also cause depositions to be taken and order the production of books, papers, and records relating to the matter under investigation. The fees for travel and attendance of witnesses and fees for officers shall be the same as for witnesses and officers before a Civil Division of the Superior Court and shall be paid by the State upon presentation of proper bills of cost to the Commissioner of Finance and Management. The fees of witnesses summoned or used by the petitioner shall be paid by him or her. The Secretary may appoint a hearing examiner to conduct hearings.

  (b) A person aggrieved by the decision of a hearing under subsection (a) of this section may have the decision reviewed on the record by the Superior Court pursuant to Rule 74 of the Vermont Rules of Civil Procedure unless otherwise specifically provided by law. (Added 1993, No. 61, § 9, eff. June 3, 1993; amended 2009, No. 154 (Adj. Sess.), § 238.)

• § 8. Commissioner of Motor Vehicles; appointment; duties and powers

  (a) The Secretary shall, with the approval of the Governor and with the advice and consent of the Senate, appoint a Commissioner of Motor Vehicles who shall administer the Department of Motor Vehicles and shall serve at the pleasure of the Secretary. The term of a Commissioner shall be concurrent with that of the Secretary.

  (b) The Commissioner shall, notwithstanding any other provisions of this chapter, have all the duties and responsibilities of the Commissioner of Motor Vehicles in Title 23 with regard to the suspension and revocation of licenses and all other quasi-judicial duties assigned in that title. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 9. Divisions; general provisions

  (a) A director shall administer each division created within the Agency. The Secretary shall appoint the directors, who shall be exempt from the classified service. The Director of the Highway Division shall be licensed as a professional engineer.

  (b) The Secretary, Deputy Secretary, Commissioner, Deputy Commissioner, attorneys, and all members of the boards, committees, commissions, or councils that are attached to the Agency for support are exempt from the classified State service. Except as authorized by 3 V.S.A. § 311 or otherwise by law, all other positions shall be within the classified service.

  (c) A director, with the approval of the Secretary, may appoint an assistant from existing staff.

  (d) No rule or regulation may be issued by a director of a division without the approval of the Secretary or designee. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 210 (Adj. Sess.), § 238b; 1993, No. 227 (Adj. Sess.), § 13, eff. June 17, 1994; 2015, No. 40, § 19.)

• § 10. Duties

  The Agency shall, except where otherwise specifically provided by law:

  (1) Award contracts on terms as it deems to be in the best interests of the State for the construction, repair, or maintenance of transportation related facilities; for the use of any machinery or equipment either with or without operators or drivers; for the operation, repair, maintenance, or storage of any State-owned machinery or equipment; for professional engineering services, inspection of work or materials, diving services, mapping services, photographic services, including aerial photography or surveys, and any other services, with or without equipment, in connection with the planning, construction, and maintenance of transportation facilities. Persons rendering these services shall not be within the classified service, and the services shall not entitle the provider to rights under any State retirement system. Notwithstanding 3 V.S.A. chapter 13, the Agency may contract for services also provided by individuals in the classified service, either at present or at some time in the past. The solicitation and award of contracts by the Agency shall follow procurement standards approved by the Secretary of Administration as well as applicable federal laws and regulations.

  (2) Control and direct the use and expenditures of all monies appropriated by the State for transportation purposes and prepare and use a budget for these expenditures.

  (3) Exercise general supervision of all transportation functions, have the right to direct traffic on all State highways that are under construction and maintenance, and may close all or any part of a State highway that is under construction or repair. The Agency shall maintain detours comprising State or town highways, or both, around 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.

  (4) Cause necessary surveys, maps, plans, specifications, and estimates to be made for the improvement, construction, and maintenance of transportation facilities.

  (5) Furnish technical and engineering assistance when requested, at cost, if available, to the various municipalities of the State.

  (6) Advise town officers as to the construction, improvement, and maintenance of town highways, when requested.

  (7) Erect and maintain appropriate traffic control devices on State highways.

  (8) Require any contractor or contractors employed in any project of the Agency for construction of a transportation improvement to file in the office of the Secretary a good and sufficient surety bond to the State of Vermont, executed by a surety company authorized to transact business in this State in such sum as the Agency shall direct, conditioned for the compliance by the contractor or contractors and their agents and servants, with all matters and things set forth and specified to be by the principal kept, done, and performed at the time and in the manner in the contract between the Agency and the contractor or contractors specified and to pay over, make good, and reimburse the State of Vermont for all loss or losses and damage or damages that the State of Vermont may sustain by reason of failure or default on the part of the contractor or contractors. The Agency is authorized to require any other condition in the bond that may from time to time be necessary. The Secretary at his or her discretion as to the best interest of the State, may accept other good and sufficient surety in lieu of a bond and, in cases involving contracts for $100,000.00 or less, may waive the requirement of a performance bond.

  (9) Require any contractor or contractors employed in any project of the Agency for construction of a transportation improvement to file an additional surety bond to the Secretary and the Secretary’s successor in office, for the benefit of labor, materialmen, and others, executed by a surety company authorized to transact business in this State. The surety bond shall be in such sum as the Agency shall direct, conditioned for the payment, settlement, liquidation, and discharge of the claims of all creditors for material, merchandise, labor, rent, hire of vehicles, power shovels, rollers, concrete mixers, tools, and other appliances, professional services, premiums, and other services used or employed in carrying out the terms of the contract between the contractor and the State and further conditioned for the following accruing during the term of performance of the contract: the payment of taxes, both State and municipal, and contributions to the Vermont Commissioner of Labor; provided, however, in order to obtain the benefit of the security, the claimant shall file with the Secretary a sworn statement of the claimant’s claim, within 90 days after the final acceptance of the project by the State or within 90 days from the time the taxes or contributions to the Vermont Commissioner of Labor are due and payable, and, within one year after the filing of the claim, shall bring a petition in the Superior Court in the name of the Secretary, with notice and summons to the principal, surety, and the Secretary, to enforce the claim or intervene in a petition already filed. The Secretary may, if the Secretary determines that it is in the best interests of the State, accept other good and sufficient surety in lieu of a bond and, in cases involving contracts for $100,000.00 or less, may waive the requirement of a surety bond.

  (10) Purchase, rent, lease, operate, and maintain the machinery, trucks, and equipment necessary to carry out the provisions of this title and in its discretion let trucks and other machinery under such terms as it determines.

  (11) With the approval of the Governor, purchase, rent, lease, or erect suitable garages and other buildings as may be necessary for the care of its machinery, trucks, materials, and equipment.

  (12) Consult with the Agency of Natural Resources prior to engaging in road repairs or construction that in any way involve streams, ponds, or lakes.

  (13) Furnish, subject to reimbursement and upon request by a municipality, services as may be necessary for the municipality to comply with the “Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970” or any subsequent amendments to the Act.

  (14) With respect to State highways, have the same powers that selectboards have with respect to town highways.

  (15) Respond in writing to concerns raised during Transportation Board hearings conducted pursuant to the provisions of subdivision 5(d)(6) and subsection 10g(d) of this title.

  (16) Inform the Joint Transportation Oversight Committee of any anticipated loss or reduction of federal funding for transportation purposes due to either a lack of State funds for matching or a decrease in federal funds for the Transportation Program.

  (17) Administer the Statewide Property Parcel Mapping Program. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1987, No. 150 (Adj. Sess.); 1991, No. 35, §§ 5, 14, eff. May 18, 1991; 1991, No. 175 (Adj. Sess.), §§ 7, 8, eff. May 15, 1992; 1995, No. 183 (Adj. Sess.), § 4, eff. May 22, 1996; 2005, No. 103 (Adj. Sess.), § 3, eff. April 5, 2006; 2009, No. 123 (Adj. Sess.), § 28; 2013, No. 167 (Adj. Sess.), § 18; 2015, No. 158 (Adj. Sess.), § 36; 2017, No. 38, § 12; 2021, No. 20, § 77; 2023, No. 148 (Adj. Sess.), § 11, eff. July 1, 2024.)

• § 10a. Procurement of engineering and design services through competitive negotiation

  (a) For purposes of this section, “competitive negotiation” means a method of procurement where proposals are requested from a number of sources and either a fixed-price or cost-reimbursable type contract is awarded, as appropriate.

  (b) Contracts for program management, construction management, feasibility studies, preliminary engineering, design engineering, surveying, mapping, or architectural-related services with respect to projects subject to the provisions of section 111(a) of the Surface Transportation and Uniform Relocation Assistance Act of 1987, Pub. L. No. 100-17, as may be amended, may be awarded by competitive negotiation.

  (c) If competitive negotiation is used, the following requirements shall apply:

  (1) Proposals shall be solicited from an adequate number of qualified sources to permit reasonable competition, consistent with the nature and requirements of the procurement. All qualified sources may submit a proposal. The request for proposals shall be publicized.

  (2) The request for proposal shall identify all significant evaluation factors, including price or cost where required and their relative importance.

  (3) The Agency shall provide mechanisms for technical evaluation of the proposals received, determinations of responsible offerors for the purpose of written or oral discussions, and selection for contract award.

  (4) Award may be made to the responsible offeror whose proposal will be most advantageous to the Agency, price and other factors considered. Unsuccessful offerors should be notified promptly. (Added 1987, No. 91, § 9, eff. June 22, 1987; amended 2021, No. 20, § 78.)

• § 10b. Statement of policy; general

  (a) The Agency shall be the responsible agency of the State for the development of transportation policy. It shall develop a mission statement to reflect:

  (1) that State transportation policy shall be to encompass, coordinate, and integrate all modes of transportation and to consider complete streets, as defined in section 2401 of this title, principles; and

  (2) the need for transportation projects that will improve the State’s economic infrastructure, as well as the use of resources in efficient, coordinated, integrated, cost-effective, and environmentally sound ways, and that will be consistent with the recommendations of the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b.

  (b) The Agency shall coordinate planning, education, and training efforts with those of local and regional planning entities to:

  (1) ensure that the transportation system as a whole is integrated; that access to the transportation system as a whole is integrated; and that statewide, local, and regional conservation and efficiency opportunities and practices are integrated; and

  (2) support employer-led or local or regional government-led conservation, efficiency, rideshare, and bicycle programs and other innovative transportation advances, especially employer-based incentives.

  (c) In developing the State’s annual Transportation Program, the Agency shall, consistent with the planning goals listed in 24 V.S.A. § 4302 and with appropriate consideration to local, regional, and State agency plans:

  (1) develop or incorporate designs that provide integrated, safe, and efficient transportation and that are consistent with the recommendations of the CEP;

  (2) consider complete streets principles in all State- and municipally-managed transportation projects and project phases, including planning, development, construction, and maintenance, except in the case of projects or project components involving unpaved highways;

  (3) promote economic opportunities for Vermonters and the best use of the State’s environmental and historic resources; and

  (4) manage available funding to:

  (A) give priority to preserving the functionality of the existing transportation infrastructure, including bicycle and pedestrian trails regardless of whether they are located along a highway shoulder; and

  (B) adhere to credible project delivery schedules.

  (d) The Agency of Transportation, in developing each of the program prioritization systems schedules for all modes of transportation, shall include the following throughout the process:

  (1) The Agency shall annually solicit input from each of the regional planning commissions and the Chittenden County Metropolitan Planning Organization on regional priorities within each schedule, and those inputs shall be factored into the prioritizations for each program area and shall afford the opportunity of adding new projects to the schedules.

  (2) Each year, the Agency shall provide in the front of the Transportation Program book a detailed explanation describing the factors in the prioritization system that creates each project list. (Added 1989, No. 121, § 1, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 1; 1993, No. 89, § 20; 2005, No. 175 (Adj. Sess.), § 48; 2007, No. 75, § 34, eff. June 7, 2007; 2007, No. 209 (Adj. Sess.), § 7; 2011, No. 34, § 2; 2017, No. 139 (Adj. Sess.), § 10; 2021, No. 105 (Adj. Sess.), § 348, eff. July 1, 2022; 2023, No. 62, § 33, eff. July 1, 2023.)

• § 10c. Statement of policy; highways and bridges

  (a) For projects that are on the National Highway System, if site conditions, environmental factors, or engineering factors restrict the use of national standards for geometric design, the Agency may pursue exceptions to those standards when appropriate to comply with local or regional plans as interpreted by the adopting entities, or with federal or State long-range plans as adopted, or with local conditions.

  (b) For projects that are not on the National Highway System, the Agency shall develop and implement State standards for geometric design. Design speeds may be lower than legal speeds. Design speeds lower than legal speeds may be used without the requirement of a formal design exception, provided appropriate warnings are posted.

  (c) In choosing between the improvement of an existing highway and complete reconstruction, the Agency shall weigh the following factors:

  (1) disruption to homes and businesses;

  (2) environmental impacts;

  (3) the benefits attainable by designing and constructing the improvement as a limited access facility;

  (4) the potential effects on the local and State economies;

  (5) cost-effectiveness;

  (6) mobility;

  (7) safety, as determined by factors such as accident history for motorists, pedestrians, and bicyclists;

  (8) local or regional plans as interpreted by the adopting entity and State agency plans;

  (9) the impact on the historic, scenic, and aesthetic values of the municipality, as interpreted by the municipality, in which the highway is located; and

  (10) if it is a forest highway under federal jurisdiction.

  (d) It shall be the policy of the State in developing projects as defined in subsection (b) of this section for the resurfacing, restoration, rehabilitation, and reconstruction of bridges and the approaches to bridges to favor their preservation within their existing footprints, in order to ensure compatibility with the Vermont setting and context and to reduce costs and environmental impacts.

  (e) The Agency shall investigate and implement, where feasible, policies and programs to allow municipal governments to develop projects or construct projects, or both, under the Agency’s oversight in accordance with federal laws and regulations if federal funds are used.

  (f) It shall be the policy of the State, as defined in subsection (b) of this section, to favor the rehabilitation of existing bridges. In choosing between the rehabilitation of an existing bridge and the construction of a new bridge, whether on the existing location or on a new location, the Agency shall weigh the following factors, in addition to the factors specified in subsection (c) of this section:

  (1) the functional classification of the highway;

  (2) the load capacity and geometric constraints of the bridge and the availability of alternative routes;

  (3) the comparative long-term costs, risks, and benefits of rehabilitation and new construction; and

  (4) the requirements of State standards for geometric design.

  (g) With regard to a bridge located on a municipal highway, a municipality may request the Agency to adhere to one or more of the following guidelines:

  (1) where feasible, the rehabilitated or replacement bridge shall occupy the same curb-to-curb width or alignment, or both, as the existing bridge or the existing approaches to the existing bridge, or both;

  (2) unless otherwise required by law, a bridge that does not already carry a sidewalk may be rehabilitated without adding a sidewalk and a replacement bridge may be built without a sidewalk or with a sidewalk on only one side; or

  (3) in rehabilitating a historically significant bridge, the design of the rehabilitated bridge must retain the bridge’s historic character, to the extent feasible.

  (h) In implementing the policies that are established in subsections (f) and (g) of this section, with regard to a bridge located on a municipal highway:

  (1) the affected municipality shall conduct a public hearing as early as is feasible in the project scoping process to identify pertinent issues;

  (2) the Agency shall identify and present to the affected municipality feasible alternative solutions before it prepares conceptual plans for the proposed project; and

  (3) the Agency’s presentation of feasible alternative solutions shall include estimates of the total preliminary engineering and construction costs for each alternative.

  (i) Adherence by the Agency to one or more of the policies established in this section for a specific project shall constitute the selection of a particular set of standards for the purposes of 12 V.S.A. § 5601(e)(8).

  (j) Upon final payment of a paving contract with the Agency of Transportation that contains liquidated damages from a paving contractor for failure to complete work on time, such damages shall be paid by the Agency of Transportation to the town or towns in which the work was not completed on time. In no case shall the liquidated damages paid to a town or towns exceed the State share of those liquidated damages for that paving project. If such a project is in more than one town, each town shall receive an amount of liquidated damages equal to its percentage of the State share of uncompleted work.

  (k)-(m) [Repealed.] (Added 1989, No. 121, § 2, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 37; 1993, No. 89, § 21; 1995, No. 140 (Adj. Sess.), § 1; 1999, No. 18, § 41r, eff. May 13, 1999; 2007, No. 164 (Adj. Sess.), §§ 50, 57, 58, eff. May 22, 2008; 2013, No. 167 (Adj. Sess.), § 23; 2021, No. 184 (Adj. Sess.), § 55, eff. July 1, 2022.)

• § 10d. Statement of policy; airports

  (a) The Agency shall continue to promote the preservation of existing public airports, reduction of hazards to air navigation, and, where the need is indicated, modest expansion of existing public facilities.

  (b) On the State airport system, the Agency shall continue to supplement ongoing maintenance activities with a program of capital improvements as the availability of federal and State funds permits.

  (c) The Agency shall monitor developments at regional hub airports to ensure fair and adequate access to the national air transportation network for Vermont shippers and travelers. In furtherance of this policy, the Secretary may use available funds to contract for the services of consultants, experts, and specialized legal counsel. (Added 1989, No. 121, § 3, eff. June 22, 1989.)

• § 10e. Statement of policy; railroads

  (a) The General Assembly recognizes that rail service, both passenger and freight, is an integral part of the State’s transportation network and that it must be fully integrated into the State’s transportation network as a whole. Accordingly, it is hereby declared to be the policy of the State of Vermont:

  (1) To provide opportunities for rail passenger services by cooperating with the federal government, other states, and providers of those services, with priority to be given to the services likely to complement the State’s other transportation resources and Vermont’s economic development efforts and to meet the needs of the traveling public. Goals to increase passenger rail use will be in accordance with the Agency’s rail plan.

  (2) To preserve and modernize for continued freight railroad service those railroad lines, both within the State of Vermont and extending into adjoining states, that directly affect the economy of the State or provide connections to other railroad lines that directly affect the economy of the State. Goals to increase freight rail use will be in accordance with the Agency’s rail plan.

  (3) In those cases where continuation of freight railroad service is not economically feasible under present conditions, to preserve established railroad rights-of-way for future reactivation of railroad service, trail corridors, and other public purposes not inconsistent with future reactivation of railroad service.

  (4) To seek federal aid for rail projects that implement this section’s policy goals.

  (5) To maintain and improve intercity bus and rail and freight and commuter rail services, and the necessary intermodal connections, and to increase the efficiency of equipment and the extent to which equipment selection and operation can limit or avoid the emission of greenhouse gases.

  (6) To plan for increased ridership with city-to-city and commuter rail service, and for increased coordination of rail service with bus service, car-pooling, and ride-sharing opportunities.

  (b) To complement the regular maintenance efforts of the lessee/operators of State-owned railroads, taking into account each line’s long-term importance to the State’s transportation network, economic development, the resources available to the lessee/operator and relevant provisions of leases and other agreements, the Agency may develop programs to assist in major rehabilitation or replacement of obsolete bridges, structures, rails, and other fixtures.

  (c) [Repealed.] (Added 1989, No. 121, § 4, eff. June 22, 1989; amended 2003, No. 56, § 12, eff. June 4, 2003; 2005, No. 175 (Adj. Sess.), § 22; 2007, No. 209 (Adj. Sess.), § 8; 2013, No. 167 (Adj. Sess.), § 24.)

• § 10f. Statement of policy; public transportation

  (a) It shall be the State’s policy to make maximum use of available federal funds for the support of public transportation. State operating support funds shall be included in Agency operating budgets to the extent that funds are available. It shall be the State’s policy to support the maintenance of existing public transportation services, to ensure the rapid replacement of any unplanned decrease in service, and to support the creation of new service that is accessible and affordable to those who use these services.

  (b) The Agency of Transportation shall develop and periodically update a plan for investment in public transportation services and infrastructure as part of an integrated transportation system consistent with the goals established in 24 V.S.A. § 5083 and regional transportation development plan proposals and regional plans as required by 24 V.S.A. § 5089. The plan shall include components that shall coordinate rideshare, public transit, park and ride, interstate, and bicycle and pedestrian planning and investment at the State, regional, and local levels, and create or expand regional connections within the State in order to maximize interregional ridesharing and access to public transit.

  (c) The Agency shall develop and make available to the traveling public an integrated, statewide online service that coordinates transportation options and provides web-based access to information that will allow the traveling public integrated, convenient, affordable, and dependable access to alternative transportation modes sufficient to allow efficient, cost-effective, and timely travel throughout the State. (Added 1989, No. 121, § 5, eff. June 22, 1989; amended 2003, No. 56, § 36, eff. June 4, 2003; 2007, No. 209 (Adj. Sess.), § 9; 2021, No. 20, § 79.)

• § 10g. Annual report; Transportation Program; advancements, cancellations, and delays

  (a) Proposed Transportation Program. The Agency of Transportation shall annually present to the General Assembly for adoption a multiyear Transportation Program covering the same number of years as the Statewide Transportation Improvement Program (STIP), consisting of the recommended budget for all Agency activities for the ensuing fiscal year and projected spending levels for all Agency activities for the following fiscal years. The Program shall include a description and year-by-year breakdown of recommended and projected funding of all projects proposed to be funded within the time period of the STIP and, in addition, a description of all projects that are not recommended for funding in the first fiscal year of the proposed Program but that are scheduled for construction during the time period covered by the STIP. The Program shall be consistent with the planning process established by 1988 Acts and Resolves No. 200, as codified in 3 V.S.A. chapter 67 and 24 V.S.A. chapter 117, the statements of policy set forth in sections 10b-10f of this title, and the long-range systems plan, corridor studies, and project priorities developed through the capital planning process under section 10i of this title.

  (b) Projected spending. Projected spending in future fiscal years shall be based on revenue estimates as follows:

  (1) with respect to State funds, on the consensus forecast for Transportation Fund revenue adopted pursuant to 32 V.S.A. § 305a and for later years on other consensus or Executive Branch estimates of Transportation Fund revenues; and

  (2) with respect to federal funds, on such federal regulations that apply to the development of the STIP.

  (c) Systemwide performance measures. The Program proposed by the Agency shall include systemwide performance measures developed by the Agency to describe the condition of the Vermont transportation network. The Program shall discuss the background and utility of the performance measures, track the performance measures over time, and, where appropriate, recommend the setting of targets for the performance measures.

  (d) [Repealed.]

  (e) Prior expenditures and appropriations carried forward.

  (1) The Agency’s annual Transportation Program shall include a separate report summarizing with respect to the most recently ended fiscal year:

  (A) all expenditures of funds by source; and

  (B) all unexpended appropriations of transportation funds and TIB funds that have been carried forward from the previous fiscal year to the ensuing fiscal year.

  (2) The summary shall identify expenditures and carry forwards for each program category included in the proposed annual Transportation Program as adopted for the closed fiscal year in question and such other information as the Agency deems appropriate.

  (f) Adopted Transportation Program. Each year following adoption of a Transportation Program under this section, the Agency shall prepare and make available to the public the Transportation Program adopted by the General Assembly. The resulting document shall be entered in the permanent records of the Agency and shall constitute the State’s official Transportation Program.

  (g) Project updates. The Agency’s annual proposed Transportation Program shall include project updates referencing this section and listing the following:

  (1) all proposed projects in the Program that would be new to the State Transportation Program;

  (2) all projects for which total estimated costs have increased by more than $5,000,000.00 from the estimate in the adopted Transportation Program for the prior fiscal year or by more than 75 percent from the estimate in the adopted Transportation Program for the prior fiscal year;

  (3) all projects for which the total estimated costs have, for the first time, increased by more than $10,000,000.00 from the Preliminary Plan estimate or by more than 100 percent from the Preliminary Plan estimate; and

  (4) all projects funded for construction in the prior fiscal year’s adopted Transportation Program that are no longer funded in the proposed Transportation Program submitted to the General Assembly, the projected costs for such projects in the prior fiscal year’s adopted Transportation Program, and the total costs incurred over the life of each such project.

  (h) Project delays; emergency and safety issues; additional funding; cancellations.

  (1) If capital projects in the Transportation Program are delayed because of unanticipated problems with permitting, right-of-way acquisition, construction, local concern, or availability of federal or State funds, the Secretary is authorized to advance other projects in the adopted Transportation Program for the current fiscal year.

  (2) The Secretary is further authorized to undertake projects to resolve emergency or safety issues that are not included in the adopted Transportation Program for the current fiscal year. Upon authorizing a project to resolve an emergency or safety issue, the Secretary shall give prompt notice of the decision and action taken to the Joint Fiscal Office and to the House and Senate Committees on Transportation when the General Assembly is in session and to the Joint Transportation Oversight Committee, the Joint Fiscal Office, and the Joint Fiscal Committee when the General Assembly is not in session.

  (3) If a project in the adopted Transportation Program for the current fiscal year requires additional funding to maintain the schedule in the adopted Transportation Program for the current fiscal year, the Agency is authorized to allocate the necessary resources. However, the Secretary shall not delay or suspend work on projects in the adopted Transportation Program for the current fiscal year to reallocate funding for other projects except when other funding options are not available. In such case, the Secretary shall notify the Joint Transportation Oversight Committee, the Joint Fiscal Office, and the Joint Fiscal Committee when the General Assembly is not in session and the House and Senate Committees on Transportation and the Joint Fiscal Office when the General Assembly is in session. With respect to projects in the approved Transportation Program, the Secretary shall notify the regional planning commission for the district where the affected project is located, the municipality where the affected project is located, the legislators for the district where the affected project is located, the House and Senate Committees on Transportation, and the Joint Fiscal Office of any change that likely will affect the fiscal year in which the project is planned to go to construction.

  (4) No project shall be canceled without the approval of the General Assembly, except that the Agency may cancel a municipal project upon the request or concurrence of the municipality, provided that notice of the cancellation is included in the Agency’s annual proposed Transportation Program.

  (i) Economic development proposals. For the purpose of enabling the State, without delay, to take advantage of economic development proposals that increase jobs for Vermonters, a transportation project certified by the Governor as essential to the economic infrastructure of the State economy, or a local economy, may, if approval is required by law, be approved for construction by a committee comprising the Joint Fiscal Committee meeting with the chairs of the House and Senate Committees on Transportation or their designees without explicit project authorization through an adopted Transportation Program.

  (j) Plan for advancing projects. The Agency of Transportation, in coordination with the Agency of Natural Resources and the Division for Historic Preservation, shall prepare and implement a plan for advancing projects contained in the adopted Transportation Program for the current fiscal year. The plan shall include the assignment of a project manager from the Agency of Transportation for each project. The Agency of Transportation, the Agency of Natural Resources, and the Division for Historic Preservation shall set forth provisions for expediting the permitting process and establishing a means for evaluating each project during concept design planning if more than one agency is involved to determine whether it should be advanced or deleted from the Program.

  (k) Definition. As used in subsection (h) of this section, “emergency or safety issues” means:

  (1) serious damage to a transportation facility caused by a natural disaster over a wide area, such as a flood, hurricane, earthquake, severe storm, or landslide;

  (2) catastrophic or imminent catastrophic failure of a transportation facility from any cause;

  (3) any condition identified by the Secretary as hazardous to the traveling public; or

  (4) any condition evidenced by fatalities or a high incidence of crashes.

  (l) Numerical grading system; priority rating. The Agency shall develop a numerical grading system to assign a priority rating to all Program Development Paving, Program Development Roadway, Program Development Safety and Traffic Operations, Program Development State and Interstate Bridge, Town Highway Bridge, and Bridge Maintenance projects. The rating system shall consist of two separate, additive components as follows:

  (1) One component shall be limited to asset management- and performance-based factors that are objective and quantifiable and shall consider the following:

  (A) the existing safety conditions in the project area and the impact of the project on improving safety conditions;

  (B) the average, seasonal, peak, and nonpeak volume of traffic in the project area, including the proportion of traffic volume relative to total volume in the region, and the impact of the project on congestion and mobility conditions in the region;

  (C) the availability, accessibility, and usability of alternative routes;

  (D) the impact of the project on future maintenance and reconstruction costs;

  (E) the relative priority assigned to the project by the relevant regional planning commission; and

  (F) the resilience of the transportation infrastructure to floods and other extreme weather events.

  (2) The second component of the priority rating system shall consider the following factors:

  (A) the importance of the transportation infrastructure as a factor in the local, regional, or State economy; and

  (B) the importance of the transportation infrastructure in the health, social, and cultural life of the surrounding communities.

  (3) The priority rating system for Program Development Roadway projects shall award as bonus points an amount equal to 10 percent of the total base possible rating points to projects within a designated downtown development district established pursuant to 24 V.S.A. § 2793.

  (m) Inclusion of priority rating. The annual proposed Transportation Program shall include an individual priority rating pursuant to subsection (l) of this section for each highway paving, roadway, safety and traffic operations, and bridge project in the Program along with a description of the system and methodology used to assign the ratings.

  (n) Development and evaluation projects; delays. The Agency’s annual proposed Transportation Program shall include a project-by-project description in each program of all proposed spending of funds for the development and evaluation of projects. These funds shall be reserved to the identified projects subject to the discretion of the Secretary to reallocate funds to other projects within the program when it is determined that the scheduled expenditure of the identified funds will be delayed due to permitting, local decision making, the availability of federal or State funds, or other unanticipated problems.

  (o) Year of first inclusion. For projects initially included in a Transportation Program adopted after January 1, 2006, the Agency’s proposed Transportation Program prepared pursuant to subsection (a) of this section and the adopted Transportation Program prepared pursuant to subsection (f) of this section shall include the year in which the projects were first included in an adopted Transportation Program.

  (p) Lamoille Valley Rail Trail. The Agency shall include the annual maintenance required for the Lamoille Valley Rail Trail (LVRT), running from Swanton to St. Johnsbury, in the Transportation Program it presents to the General Assembly under subsection (a) of this section. The proposed authorization for the maintenance of the LVRT shall be sufficient to cover:

  (1) maintenance and repair or replacement of any bridges along the LVRT;

  (2) maintenance and repair of the fencing along the LVRT and any leased lines;

  (3) maintenance and repair of the stormwater systems for the LVRT;

  (4) any large-scale surface maintenance required due to dangerous conditions along the LVRT or compromise of the rail bed of the LVRT, or both;

  (5) resolution of any unauthorized encroachments related to the rail bed, but not the recreational use of the LVRT; and

  (6) any other maintenance obligations required of the Agency under a memorandum of understanding entered into regarding the maintenance of the LVRT. (Added 1989, No. 121, § 6, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 38; 1991, No. 175 (Adj. Sess.), § 25b, eff. May 15, 1992; 1993, No. 89, § 22; 1993, No. 89, § 22; 1993, No. 172 (Adj. Sess.), § 16; 1995, No. 60, § 20, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 17, eff. May 22, 1996; 1997, No. 144 (Adj. Sess.), § 12a, eff. April 27, 1998; 2001, No. 64, § 9, eff. June 16, 2001; 2003, No. 160 (Adj. Sess.), § 30, eff. June 9, 2004; 2005, No. 80, §§ 53, 60; 2005, No. 175 (Adj. Sess.), §§ 46, 47; 2007, No. 75, §§ 35(a), 38; 2007, No. 164 (Adj. Sess.), §§ 61, 62; 2009, No. 123 (Adj. Sess.), § 22; 2011, No. 62, § 36, eff. Jan. 1, 2012; 2011, No. 153 (Adj. Sess.), § 29; 2015, No. 11, § 25; 2015, No. 158 (Adj. Sess.), §§ 18, 20, 21; 2017, No. 38, § 13; 2019, No. 59, § 9; 2021, No. 55, § 13; 2021, No. 105 (Adj. Sess.), § 349, eff. July 1, 2022; 2023, No. 148 (Adj. Sess.), § 12, eff. July 1, 2024.)

• § 10h. Cooperative interstate agreement

  (a) [Repealed.]

  (b) In connection with any authorized construction project in the State of Vermont that extends into or affects an adjoining state, the Agency, on behalf of the State of Vermont, may enter into a cooperative agreement with the adjoining state or any political subdivision of an adjoining state that apportions duties and responsibilities for planning preliminary engineering, including environmental studies, right-of-way acquisition, construction, and maintenance. (Added 1989, No. 121, § 7, eff. June 22, 1989; amended 1989, No. 246 (Adj. Sess.), § 40; 2001, No. 141 (Adj. Sess.), § 21, eff. June 21, 2002; 2009, No. 33, § 40; 2015, No. 158 (Adj. Sess.), § 19.)

• § 10i. Transportation planning process

  (a) Long-range systems plan. The Agency shall establish and implement a planning process through the adoption of a long-range multi-modal systems plan integrating all modes of transportation. The long-range multi-modal systems plan shall be based upon Agency transportation policy developed under section 10b of this title; other policies approved by the General Assembly; Agency goals, mission, and objectives; demographic and travel forecasts; design standards; performance criteria; and funding availability. The long-range systems plan shall be developed with participation of the public and local and regional governmental entities and pursuant to the planning goals and processes set forth in 1988 Acts and Resolves No. 200. The plan shall be consistent with the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b.

  (b) Corridor studies. The Agency shall develop transportation corridor studies as needed, consistent with asset management policies implemented by the Agency, that identify environmental issues, community concerns, and travel projections. For each corridor, problems shall be identified and ranked according to their criticality and severity.

  (c) Transportation Program. The Transportation Program shall be developed in a fiscally responsible manner to accomplish the following objectives:

  (1) managing, maintaining, and improving the State’s existing transportation infrastructure to provide capacity, safety, and flexibility in the most cost-effective and efficient manner;

  (2) developing an integrated transportation system that provides Vermonters with transportation choices;

  (3) strengthening the economy, protecting the quality of the natural environment, and improving Vermonters’ quality of life; and

  (4) achieving the recommendations of the CEP.

  (d) Project identification and scope. The Agency shall identify and develop specific projects consistent with the objectives set forth in subsection (c) of this section. For each project, a project scope shall be prepared to identify the problem to be resolved by the project, the preferred alternative, project limits, and its conceptual design and estimated costs.

  (e) Information manual. An information manual giving a clear description of the planning process shall be prepared for town officials and the public. (Added 1989, No. 246 (Adj. Sess.), § 36; amended 2003, No. 160 (Adj. Sess.), § 31, eff. June 9, 2004; 2017, No. 139 (Adj. Sess.), § 11; 2021, No. 105 (Adj. Sess.), § 350, eff. July 1, 2022.)

• § 10j. Intermodal and multimodal transportation facilities; project planning criteria

  (a) Initial screening/threshold requirements. In considering a proposal for an intermodal or multimodal transportation facility, the Agency shall take into account the size of the community, the location of the proposed facility, and the presence of a logical combination of transportation modes. An intermodal facility requires the presence of several modes of transportation and a reasonable need to connect the different modes in a manner not easily done without the presence of a dedicated intermodal facility.

  (b) Project information. The Agency shall adopt a policy identifying the basic information to be provided in any application for a proposed intermodal or multimodal facility.

  (c) Project evaluation. Applications will be evaluated based on:

  (1) usage potential (i.e., how many people will be boarding and alighting at this location);

  (2) need for transfer facilities (i.e., how many will be transferring between vehicles or modes, and need to wait for connections);

  (3) modal connections (i.e., do modes actually connect at this location, what are the frequencies, and how many people will be making the connection);

  (4) opportunities for savings resulting from combining facilities (e.g., if railroad and bus stations are in the same building, does that save capital or operating dollars);

  (5) relationship of proposed costs to usage/revenue (annualized capital and operating costs per boarding);

  (6) relationship to 10 V.S.A. chapter 151 (1970 Acts and Resolves No. 250, as amended), 22 V.S.A. chapter 14 (historic preservation), 24 V.S.A. chapter 76A (historic downtown development) and the planning goals of 24 V.S.A. § 4302;

  (7) whether the proposed project addresses needs identified in policy or service plans for other modes (i.e., intercity bus, passenger rail, aviation);

  (8) long-term viability from an operations and maintenance perspective; and

  (9) self-sustainability of project funding (i.e., what, if any, level of ongoing subsidy will be needed).

  (d) Project managers. A project manager shall be assigned to each intermodal and multimodal transportation facility project that has received State or federal funding and this assignment shall not delay the construction schedule.

  (e) State funding. It shall be the policy of the State that State funds not be expended on intermodal or multimodal projects that have federal funds specifically designated for them until they enter the construction phase. (Added 1999, No. 156 (Adj. Sess.), § 11, eff. May 29, 2000.)

• § 10k. Statement of policy; asset management; sale of State property

  (a) The Agency shall develop an asset management plan that is a systematic goal- and performance-driven management and decision-making process of operating, maintaining, and upgrading transportation assets cost-effectively. At a minimum, the asset management system shall:

  (1) identify transportation system indicators by which the different components of the transportation system may be evaluated;

  (2) list all of the infrastructure assets and their condition, including pavements, structures, and facilities;

  (3) include deterioration rates for infrastructure assets; and

  (4) determine, long-term, the annual funds necessary to fund infrastructure maintenance at the recommended performance level.

  (b) The Agency shall not negotiate nor offer for sale any State property for less than fair market value without the prior approval of the General Assembly, if in session, and, if not in session, the Joint Fiscal Committee. The Agency may sell or lease land to municipalities for less than fair market value when and for so long as the land is to be used by the municipality for transportation purposes. (Added 2001, No. 64, § 24, eff. June 16, 2001; amended 2003, No. 56, § 66, eff. June 4, 2003; 2003, No. 160 (Adj. Sess.), § 32, eff. June 9, 2004; 2021, No. 20, § 80.)

• § 10l. Agency cooperation with regional planning commissions

  (a) Legislative intent. The General Assembly finds that regional planning commissions possess a unique expertise that enables the Agency to conduct rural transportation planning and local consultation activities that build upon the integration of land use, environmental, and economic development inputs. To ensure the Agency continues to meet its local consultation requirements found in 23 C.F.R. § 250.212, the General Assembly requires the following duties of regional planning commissions as part of an annual contract and work preparing the transportation planning initiative (TPI).

  (b) Duties of regional planning commissions. Regional planning commissions, serving areas of the State not qualifying as a Metropolitan Planning Area under federal regulations, shall implement the transportation planning initiative (TPI) program. This program provides the mechanism by which the Agency coordinates policy development and planning to ensure the involvement by Vermont citizens and rural local officials. It shall include:

  (1) Ensuring that local officials and citizens are involved in the statewide transportation planning process.

  (2) Providing technical assistance to facilitate local officials and staff in making transportation policy and investment decisions.

  (3) Coordinating town planning and development regulations to meet better State transportation policies and investment priorities.

  (4) Participating in State and national transportation policy and planning development processes to ensure regional and local input.

  (5) Implementing a project evaluation process to prioritize all transportation projects within the regions utilizing State or federal funds to be included in the State Transportation Program.

  (6) Developing and maintaining a regional, multi-modal transportation plan that clearly details regional and local project, planning, and policy priorities.

  (7) Maintaining a regional transportation advisory committee (TAC) that reviews and provides input on all major State and federal transportation planning and policy decisions. In order to facilitate this input, the regional planning commissions, in collaboration with the Agency of Transportation, shall provide warning and notice of all public meetings regarding transportation plans, projects, and proposals. (Added 2007, No. 75, § 31.)

• § 10m. Statement of policy; sustainable building components; annual report

  (a) Policy. It shall be the State’s policy to use sustainable building components, including recycled materials and manufacturing byproducts, in all maintenance, construction, and improvement projects within the State’s Transportation Program to the extent that sources of quality sustainable building components are available and the use is consistent with producing transportation assets with a demonstrated evidence of long-term durability.

  (b) Specifications. The Agency shall define its performance and related specifications and contract bid documents to allow and, as practicable, encourage the use of sustainable building components.

  (c) Recycled asphalt pavement. Recycled asphalt pavement (RAP) shall be used on all Agency paving projects to the extent sources of RAP of a quality comparable to hot mix asphalt is available. The Agency shall define paving project specifications and contract bid documents to allow for the use of up to 50 percent RAP.

  (d) Research and testing. The Agency is encouraged to continue researching, testing, and, wherever practicable, using sustainable building components, pozzolans, and alternatives to Portland Cement as part of the construction specifications for all transportation infrastructure projects.

  (e) Annual report. The Agency, in consultation with the Recycled Materials Working Group, shall, during each session of the General Assembly, provide an oral report to the House and Senate Committees on Transportation on the use of sustainable building components in maintenance, construction, and improvement projects within the State’s Transportation Program. (Added 2021, No. 184 (Adj. Sess.), § 56, eff. July 1, 2022.)

• § 10n. Mobility and Transportation Innovations (MTI) Grant Program

  (a) The Mobility and Transportation Innovations (MTI) Grant Program is created within the Public Transit Section of the Agency. The MTI Grant Program shall support innovative transportation demand management programs and transit initiatives that improve mobility and access to services for transit-dependent Vermonters, reduce the use of single-occupancy vehicles, reduce greenhouse gas emissions, and complement existing mobility investments.

  (b) Grant awards of not more than $250,000.00 per recipient for capital or operational costs, or both, may be used to create new or expand existing programs for one or more of the following: matching funds for other grant awards, program delivery costs, or the extension of existing programs.

  (c) Funding under the MTI Grant Program shall not be used to supplant existing State funding for the same project or program.

  (d) In each year in which funding for grants is available:

  (1) The Agency shall establish an application period of at least four months.

  (2) The Agency shall provide direct assistance to entities requiring technical assistance or prereview of a draft application during the application period.

  (3) Grant awards shall be distributed not later than November 30 in each year in which they are offered. (Added 2023, No. 148 (Adj. Sess.), § 29, eff. July 1, 2024.)

• § 11. Transportation Fund

  The Transportation Fund shall comprise the following:

  (1) all taxes, penalties, and fees received by the Commissioner of Motor Vehicles except those relating to motorboats imposed under 23 V.S.A. chapter 29, which shall be expended pursuant to 23 V.S.A. § 3319;

  (2) the revenue derived from the taxes on motor fuel as provided for by Title 23;

  (3) all grants from the federal government and regional associations for transportation purposes except for snowmobiles and motorboats;

  (4) monies received from the sales and use tax on aviation jet fuel and on natural gas used to propel a motor vehicle under 32 V.S.A. chapter 233, and from the portion of a local option tax on the sale of aviation jet fuel specified in 24 V.S.A. § 138;

  (5) receipts from pilot and aircraft license fees;

  (6) all penalties and fines imposed under this title and Titles 5 and 23;

  (7) both statewide and departmental indirect cost recoveries from federal sources by the Agency of Transportation;

  (8) other miscellaneous sources including the sale of maps, plans, and reports, fees collected by the Travel Information Council, leases for property at State-owned airports and railroads, proceeds from the sale of State surplus property under the provisions of 29 V.S.A. §§ 1556 and 1557, and proceeds from the sale of recycled materials. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 51, § 1a; 1993, No. 27, § 1; 1999, No. 62, § 260, eff. June 2, 1999; 2009, No. 50, § 66; 2011, No. 153 (Adj. Sess.), § 43, eff. July 1, 2013; 2017, No. 158 (Adj. Sess.), § 37, eff. Jan. 1, 2019.)

• § 11a. Transportation funds appropriated for the Department of Public Safety

  (a) No transportation funds shall be appropriated for the support of government other than for the Agency, the Board, Transportation Pay Act Funds, construction of transportation capital facilities, transportation debt service, the operation of information centers by the Department of Buildings and General Services, and the Department of Public Safety. The amount of transportation funds appropriated to the Department of Public Safety shall not exceed:

  (1) $25,250,000.00 in fiscal year 2014;

  (2) $22,750,000.00 in fiscal years 2015 and 2016;

  (3) $21,150,000.00 in fiscal year 2017; and

  (4) $20,250,000.00 in fiscal year 2018 and in succeeding fiscal years.

  (b) In fiscal year 2018 and in succeeding fiscal years, of the funds appropriated to the Department of Public Safety pursuant to subsection (a) of this section, the amount of $2,100,000.00 is allocated exclusively for the purchase, outfitting, assignment, and disposal of State Police vehicles. Any unexpended and unencumbered funds remaining in this allocation at the close of a fiscal year shall revert to the Transportation Fund. The Department of Public Safety may periodically recommend to the General Assembly that this allocation be adjusted to reflect market conditions for the vehicles and equipment. (Added 2001, No. 141 (Adj. Sess.), § 42; amended 2003, No. 56, § 30, eff. June 4, 2003; 2003, No. 68, § 38, eff. July 1, 2004; 2003, No. 160 (Adj. Sess.), § 16, eff. June 9, 2004; 2005, No. 80, § 43; 2005, No. 175 (Adj. Sess.), § 51; 2007, No. 65, § 271; 2007, No. 192 (Adj. Sess.), § 7.001; 2009, No. 1 (Sp. Sess.), § E.900; 2011, No. 162 (Adj. Sess.), § E.922; 2013, No. 12, § 27; 2015, No. 58, § E.900; 2015, No. 158 (Adj. Sess.), § 4; 2017, No. 3, § 73, eff. March 2, 2017; 2021, No. 184 (Adj. Sess.), § 61, eff. July 1, 2022.)

• § 11b. Town Highway Revolving Fund

  There is created a special account within the Transportation Fund known as the Town Highway Revolving Fund for the purpose of charging the expense for work performed for towns by the Agency. All receipts from towns for performance of these services shall be credited to this account. The Commissioner of Finance and Management may incur overdrafts, not to exceed $250,000.00 in total, in this account in anticipation of amounts due from towns. However, the Commissioner may waive the limitation on overdrafts to the extent that a town’s reimbursement to the State is contingent on the town’s receipt of emergency relief funds from federal sources. (Added 1991, No. 35, § 6, eff. May 18, 1991; 1991, No. 120 (Adj. Sess.), § 1, eff. Feb. 21, 1992; 1999, No. 18, § 17, eff. May 13, 1999.)

• § 11c. Deposit in escrow account of amounts retained from progress payments

  Upon satisfactory completion of the contract work and full settlement or payment of all damages, claims, or liabilities incurred in connection with the contract work, the retained percentage and any interest accrued, shall be paid to the contractor or consultant. If the escrow conditions are not fulfilled, then the Agency shall be paid the retained percentage and any interest accrued or such amount necessary to settle or pay the damages, claims, or liabilities. (Added 1993, No. 27, § 2.)

• § 11d. Funds for rehabilitation of historic bridges

  (a) Notwithstanding 32 V.S.A. § 706(1) and (2), the Agency of Transportation may transfer funds to the Division for Historic Preservation in the Agency of Commerce and Community Development to be used for the following purposes:

  (1) Repairing, rehabilitating, restoring, and maintaining historic bridges. To the maximum extent feasible, bridges shall be made available to the public for transportation and recreational uses, including bicycle paths, hiking trails, snowmobile trails, fishing access, picnic areas, or rest stops.

  (2) Grants to municipalities, nonprofit corporations, State agencies, or other responsible parties for the repair and maintenance of historic bridges.

  (3) Funding for planning and engineering studies for the preservation of historic bridges.

  (4) Moving, storing, or otherwise preserving historic bridges.

  (b) Funds transferred may include appropriations from the Transportation Fund, federal funds made available to mitigate the adverse effects of new construction on historic bridges, and monies from other public or private sources.

  (c) Transfer of funds under this section shall constitute acceptance by the Division for Historic Preservation that funds transferred will be used solely for the preservation of historic bridges as outlined in subsection (a) of this section. Transfers, however, may be conditioned upon use for one or more specific purposes identified by subsection (a) of this section. (Added 1993, No. 36, § 2; amended 1995, No. 190 (Adj. Sess.), § 1(a); 2021, No. 20, § 81.)

• § 11e. Reimbursements

  Receipts for damage to State property under the control of the Agency of Transportation, other than recoveries under 32 V.S.A. § 134, sales of supplies, interdepartmental transfers for maintenance of roads under the jurisdiction of other departments of the State, receipts from the Efficiency Vermont Program, and receipts from municipalities and public utilities cooperating with the Agency of Transportation for highway or grade crossing work shall be credited to the same account from which the expenditures have been or will be incurred. (Added 1995, No. 178 (Adj. Sess.), § 235; amended 2003, No. 56, § 60, eff. June 4, 2003.)

• § 11f. Transportation Infrastructure Bond Fund

  (a) There is created a special fund within the Transportation Fund known as the Transportation Infrastructure Bond Fund to consist of funds raised from the motor fuel transportation infrastructure assessments levied pursuant to 23 V.S.A. §§ 3003(a) and 3106(a). Interest from the Fund shall be credited to the Fund, and the amount in the Fund shall carry forward from year to year.

  (b) As used in this section, the terms “Transportation Infrastructure Bonds Debt Service Fund” and “debt service obligations” are as defined in 32 V.S.A. § 951a.

  (c) Monies in the Transportation Infrastructure Bond Fund shall be transferred to the Transportation Infrastructure Bonds Debt Service Fund to cover all debt service obligations of transportation infrastructure bonds that are due in the current fiscal year and as otherwise required in accordance with any trust agreement pertaining to such bonds.

  (d) Provided that resources in the Transportation Infrastructure Bonds Debt Service Fund are sufficient in amount to cover all debt service obligations of transportation infrastructure bonds that are due in the current fiscal year and to meet all other obligations set forth in any trust agreement pertaining to any such bonds, any remaining balance in the Transportation Infrastructure Bond Fund may be used to pay for:

  (1) the rehabilitation, reconstruction, or replacement of State bridges, culverts, roads, railroads, airports, and necessary buildings that, after such work, have an estimated minimum remaining useful life of 10 years;

  (2) the rehabilitation, reconstruction, or replacement of municipal bridges, culverts, and highways that, after such work, have an estimated minimum remaining useful life of 10 years; and

  (3) up to $100,000.00 per year for operating costs associated with administering the capital expenditures.

  (e) To the extent in the current fiscal year any balance remains in the Transportation Infrastructure Bond Fund after all transfers required by subsection (c) of this section have been made and all appropriations authorized by subsection (d) of this section are accounted for, such remaining balance may be transferred to the Transportation Infrastructure Bonds Debt Service Fund to cover debt service obligations of transportation infrastructure bonds that are due in future fiscal years.

  (f) The assessments for motor fuel transportation infrastructure assessments paid pursuant to 23 V.S.A. §§ 3003(a) and 3106(a) shall not be reduced below the rates in effect at the time of issuance of any transportation infrastructure bond until the principal, interest, and all costs that must be paid in order to retire the bond have been paid.

  (g) Except as provided in subsection (h) of this section, all transfers of funds from the Transportation Infrastructure Bond Fund to the Transportation Infrastructure Bonds Debt Service Fund shall be approved by the General Assembly.

  (h) To minimize disruption of summer construction schedules, it is the policy of the State to have a balance in the Transportation Infrastructure Bonds Debt Service Fund at the end of each fiscal year that is sufficient in amount to cover all debt service obligations of transportation infrastructure bonds that are due or are anticipated to be due in the succeeding fiscal year. To achieve the policy objective of ensuring the State’s transportation infrastructure bond obligations are fulfilled with a minimum of disruption to the construction schedules of approved projects, in the event that revenue, economic, or other conditions vary from those assumed in the consensus forecast and in the budget process in which the General Assembly approved transfers to the Transportation Infrastructure Bonds Debt Service Fund, the Secretary of Transportation with the approval of the Secretary of Administration may, notwithstanding the provisions of 32 V.S.A. § 706:

  (1) transfer appropriations of transportation infrastructure bond funds to the Transportation Infrastructure Bonds Debt Service Fund; and

  (2) transfer appropriations of transportation funds to replace transportation infrastructure bond funds transferred under subdivision (1) of this subsection, provided no significant delay in the construction schedule of any approved project results from the transfer.

  (i) After executing a transfer authorized by subsection (h) of this section, the administration shall give prompt notice thereof to the Joint Fiscal Office and submit an explanation and description of the action taken to the Joint Fiscal Committee at its next scheduled meeting. (Added 2009, No. 50, § 27; amended 2011, No. 63, § F.100, eff. June 2, 2011.)

• § 12. Appropriations to Agency of Transportation

  Monies appropriated from the Transportation Fund to the Agency shall be appropriated to the Agency accounts for the following purposes:

  (1) construction and maintenance of State highways, railroads, and airports, including necessary buildings and equipment;

  (2) aid to municipalities for the support of class 1, 2, or 3 town highways and bridges;

  (3) general administration of the Agency, including a grant for pensions;

  (4) debt service for principal and interest of highway bonds;

  (5) operation of public transit systems, railroads, and airports, including administration of appropriate sections of Title 5; and

  (6) operation of the Department of Motor Vehicles, including administration of Title 23. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 12a. Transportation Program provided to the Committees on Transportation

  The Transportation Program shall be provided by the Agency of Transportation to the members of the House and Senate Committees on Transportation following the presentation of the State budget to the General Assembly by the Governor as required by 32 V.S.A. § 306. (Added 1989, No. 121, § 20c; amended 1989, No. 246 (Adj. Sess.), § 39; 2001, No. 141 (Adj. Sess.), § 22, eff. June 21, 2002; 2003, No. 160 (Adj. Sess.), §§ 33, 50, eff. June 9, 2004.)

• § 12b. Joint Transportation Oversight Committee

  (a) There is created a Joint Transportation Oversight Committee composed of the Chairs of the House and Senate Committees on Appropriations, the House and Senate Committees on Transportation, the House Committee on Ways and Means, and the Senate Committee on Finance. The Committee shall be chaired alternately by the Chairs of the House and Senate Committees on Transportation, and the two-year term shall run concurrently with the biennial session of the General Assembly. The Chair of the Senate Committee on Transportation shall chair the Committee during the 2009-2010 legislative session.

  (b) The Committee shall meet during adjournment for official duties. Meetings shall be convened by the Chair and, when practicable, shall be coordinated with the regular meetings of the Joint Fiscal Committee. Members shall be entitled to compensation and reimbursement pursuant to 2 V.S.A. § 23. The Committee shall have the assistance of the staff of the Office of Legislative Counsel, the Office of Legislative Operations, and the Joint Fiscal Office.

  (c) The Committee shall provide legislative oversight of the Transportation Fund revenues collection and the operation and administration of the Agency of Transportation construction, paving, and rehabilitation programs. The Secretary of Transportation shall report to the Committee upon request.

  (d) If and when applicable, the Secretary shall submit electronically to the Joint Fiscal Office for distribution to members of the Committee a report summarizing any plans or actions taken to delay project schedules as a result of:

  (1) a generalized increase in bids relative to project estimates;

  (2) changes in the consensus revenue forecast of the Transportation Fund or Transportation Infrastructure Bond Fund; or

  (3) changes in the availability of federal funds. (Added 1993, No. 25, § 78, eff. May 18, 1993; amended 1993, No. 211 (Adj. Sess.), § 11, eff. June 17, 1994; 2005, No. 80, §§ 44, 45; 2009, No. 50, § 87; 2009, No. 123 (Adj. Sess.), § 23; 2011, No. 153 (Adj. Sess.), § 30; 2015, No. 158 (Adj. Sess.), § 22; 2019, No. 144 (Adj. Sess.), § 28; 2021, No. 20, § 82.)

• § 12c. Repealed. 2009, No. 123 (Adj. Sess.), § 55.

• § 13. Central Garage Fund

  (a) There is created the Central Garage Fund, which shall be used to:

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

  (2) provide a general equipment repair and major overhaul service, inclusive of any assets, supplies, labor, or use of contractors necessary to provide that service, as well as to furnish necessary supplies for the operation of the equipment.

  (b) In order to maintain safe and reliable equipment, the Agency shall use Central Garage Fund monies to acquire new or replacement equipment. The Agency is authorized to acquire replacement pieces for existing equipment or new, additional equipment equivalent to equipment already owned.

  (c)(1) For the purpose specified in subsection (b) of this section, the following amount, at a minimum, shall be transferred from the Transportation Fund to the Central Garage Fund:

  (A) the amount transferred for the previous fiscal year increased by the percentage change in the Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) if the percentage change is positive; or

  (B) the amount transferred for the previous fiscal year if the percentage change is zero or negative.

  (2) Each fiscal year, the sum of the following shall be appropriated from the Central Garage Fund exclusively for the purpose specified in subsection (b) of this section:

  (A) the amount transferred pursuant to subdivision (1) of this subsection (c);

  (B) the amount of the equipment depreciation expense from the prior fiscal year; and

  (C) the amount of the net equipment sales from the prior fiscal year.

  (3) For purposes of subdivision (1) of this subsection, the percentage change in the CPI-U is calculated by determining the increase or decrease, to the nearest one-tenth of a percent, in the CPI-U for the month ending on June 30 in the calendar year one year prior to the first day of the fiscal year for which the transfer will be made compared to the CPI-U for the month ending on June 30 in the calendar year two years prior to the first day of the fiscal year for which the transfer will be made.

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

  (e) For the purposes of computing net worth and net income, the fiscal year shall be the year ending June 30.

  (f) As used in this section, “equipment” means registered motor vehicles and necessary assets required by the Central Garage in order to fulfill the objectives established in subsection (a) of this section.

  (g) [Repealed.] (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 60, § 21, eff. April 25, 1995; 1999, No. 18, § 5, eff. May 13, 1999; 1999, No. 156 (Adj. Sess.), § 36, eff. May 29, 2000; 2003, No. 160 (Adj. Sess.), § 50, eff. June 9, 2004; 2005, No. 80, §§ 40, 46; 2007, No. 75, § 23; 2007, No. 121 (Adj. Sess.), § 14; 2009, No. 123 (Adj. Sess.), § 21; 2017, No. 158 (Adj. Sess.), § 18; 2019, No. 59, § 16; 2023, No. 62, § 12, eff. July 1, 2023; 2023, No. 148 (Adj. Sess.), § 14, eff. July 1, 2024.)

• § 14. State highways

  (a) The State highways shall be those highways so designated on a map entitled “Vermont State Highways,” filed in the Office of the Secretary of State on June 30, 1997, as subsequently modified by additions or deletions made pursuant to subsection (b) of this section.

  (b) When an addition or deletion is made to the State highways, the Agency shall complete a mileage certificate showing the highways that are added or deleted and file a copy in the Office of the Secretary of State. It shall also file a copy of the mileage certificate in the town clerk’s office where the highways are located. When the certificates are filed, the transfer of control of the highways shall be deemed to have taken place. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1997, No. 150 (Adj. Sess.), § 7.)

• § 15. Changes in the State highway system

  (a) Except as provided in subsection (b) of this section, highways may be added to or deleted from the State highway system by:

  (1) an act of the General Assembly; or

  (2) a proposal by the Agency that is accepted by the legislative body of the affected municipality and approved by an act of the General Assembly.

  (b) Upon entering into an agreement with the affected municipality, the Secretary may relinquish to municipal control segments of State highway rights-of-way that have been replaced by new construction and are no longer needed as part of the State highway system. Upon their relinquishment to municipal control, the segments shall become class 3 town highways, and may be reclassified by the municipality in accordance with chapter 7 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 7; 2013, No. 12, § 15.)

• § 15a. Border crossings; cooperation with federal government

  (a) Notwithstanding any other provision of this title but pursuant to the provisions of subsection (b) of this section, the Agency (in the case of State highways) and municipalities (in the case of town highways) are authorized to cooperate with federal projects to modernize border crossings between the United States and Canada by relinquishing to the federal government those portions of State or town highways approaching the border that may be required by the federal government for its border crossing projects.

  (b) In connection with the relinquishments authorized in subsection (a) of this section, the Agency and municipalities are authorized to execute agreements with the federal government, including a conveyance of an interest in real property, easements, leases, and other instruments necessary to ensure that federal requirements are met. The federal government shall be responsible for maintenance of those State and town highways relinquished under this section. (Added 2003, No. 56, § 51, eff. June 4, 2003; amended 2021, No. 20, § 83.)

• § 16. Duties of Secretary in unorganized towns and gores

  The Secretary shall have the same power in all matters pertaining to the highways in unorganized towns and gores that selectboards have in organized towns, and may spend any available funds, including State aid and local taxes, to assist unorganized towns and gores for this purpose. After exhausting the right of administrative appeal to the Board under subdivision 5(d)(3) of this title, landowners shall have the same right to appeal from the decision of the Board in the exercise of this power as in like proceedings by selectboards in organized towns. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 17.)

• § 17. Contracts; labor preference

  A person, firm, or corporation awarded any contract for the construction, reconstruction, improvement, and repair of a highway under the jurisdiction of the Agency shall give preference to Vermont labor and to trucks owned in Vermont and operated by residents of Vermont on all contracts of construction, reconstruction, improvement, and repair, provided this action is not contrary to federal rules and regulations. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 18. Wages

  In making up specifications and advertising for bids on highway work, the Agency shall fix, subject to local conditions, the minimum wage per hour for various classes of labor and the minimum to be paid per hour or per cubic yard for trucks that the contractor shall be bound to pay. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2019, No. 59, § 25.)

• § 19. Small business enterprises

  It is declared to be in the best interests of the State and the general welfare of Vermonters to encourage and develop the actual and potential capacity of small business enterprises, and to use this important segment of the State’s economy to the fullest practicable extent in the construction of State highways, including federal aid and interstate highway systems. In order to carry out this intent and encourage full and free competition, the Agency of Transportation shall cooperate with small business enterprises in connection with the State highway construction program. Nothing contained in this section shall be considered or construed as meaning more than a legislative declaration of intent and policy. The decisions and actions of the Agency shall not be subject to judicial challenge. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 84.)

• § 20. Small claims for injury or damage

  The Board shall have exclusive jurisdiction over claims of $5,000.00 or less made for personal injuries or property damage, or both, sustained as the result of the negligence of any employee of the Agency. The Board may hear all parties in interest and may award damages not to exceed $5,000.00. When the Board awards damages, it shall certify its decision to the Commissioner of Finance and Management. Upon the disposition of any appeal or the expiration or waiver of all appeal rights, the Commissioner of Finance and Management shall issue his or her warrant for the amount of the award, with payment in the manner prescribed by 12 V.S.A. § 5604. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 172 (Adj. Sess.), § 18; 2013, No. 12, § 16.)

• § 21. Picnic areas and parking places

  (a) The Agency may purchase, or lease, or take in the manner provided in chapter 5 of this title, as part of the highway, land adjacent to any route that is needed for the preservation of its scenic character, or for the purpose of providing picnic or camping grounds, or for parking areas for the use of travelers, provided that land taken for these purposes by condemnation proceedings shall not extend in width more than 250 feet from the center of the traveled portion of the highway (except limited access facilities).

  (b) The Agency shall, as a matter of policy, consider the establishment of wayside rest areas when constructing or reconstructing State highways, and when requested, town highways. The cost of building or rebuilding the wayside rest areas shall be included in the costs of constructing or reconstructing that highway. The cost of maintenance of these wayside rest areas shall be included in the cost of maintaining that highway.

  (c) [Repealed.] (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 8; 1999, No. 18, § 18, eff. May 13, 1999; 2007, No. 164 (Adj. Sess.), § 33.)

• § 22. Repealed. 2021, No. 184 (Adj. Sess.), § 60, eff. July 1, 2022.

  (Repealed by 2021, No. 184 (Adj. Sess.), § 60, eff. July 1, 2022.)

• § 23. Rights of action; notice

  All rights of action on account of the insufficiency or want of repair of any bridge or culvert on the highways taken over by the State shall exist against the State and not against the town, provided that the notice required in sections 987 and 988 of this title is first given in writing to the Agency, and provided further that liability shall be the same as set forth in section 985 of this title. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 24. Venue and service

  Any action against the State shall be brought against the State, returnable to the Superior Court in the county where the damages were sustained. Service of the writ shall be made on the Governor or Attorney General. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 25. Settlement and payment

  After receiving the notice provided for in section 23 of this title, the Agency with the approval of the Attorney General may adjust and settle with the person claiming damages, and the Commissioner of Finance and Management shall issue his or her warrant for payment. All money spent under this section shall be drawn from the Transportation Fund. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 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, 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, unless otherwise required by federal law or regulation.

  (b) An acquisition or transfer or the construction under this section of property or rights in property with an appraised or other estimated value of $500,000.00 or above, or the acquisition or transfer of an option to acquire property with an appraised or other estimated value of $500,000.00 or above, shall be made with the specific prior approval of the General Assembly of the acquisition, transfer, or construction and its terms or, if the General Assembly is not in session, with the specific prior approval of the Joint Transportation Oversight Committee. The requirement of this subsection shall not apply, however, if the General Assembly has approved a specific project described in the annual Transportation Program and the scope of the project includes the acquisition or transfer of property. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 9; 2003, No. 56, § 24, eff. June 4, 2003; 2003, No. 80 (Adj. Sess.), § 84, eff. March 8, 2004; 2011, No. 153 (Adj. Sess.), § 47; 2013, No. 167 (Adj. Sess.), § 20.)

• § 26a. Determination of rent to be charged for leasing or licensing State-owned property under the Agency’s jurisdiction

  (a) Except as otherwise provided by subsection (b) of this section, or as otherwise provided by law, leases or licenses negotiated by the Agency under 5 V.S.A. §§ 204 and 3405 and section 26 and subsection 1703(d) of this title ordinarily shall require the payment of fair market value rent, as determined by the prevailing area market prices for comparable space or property. However, the Agency may lease or license State-owned property under its jurisdiction for less than fair market value when the Agency determines that the proposed occupancy or use serves a public purpose or that there exist other relevant factors, such as a prior course of dealing between the parties, that justify setting rent at less than fair market value.

  (b) Unless otherwise required by federal law, the Agency shall assess, collect, and deposit in the Transportation Fund a reasonable charge or payment with respect to leases or licenses for access to or use of State-owned rights-of-way by providers of broadband or wireless communications facilities or services. The Agency may waive such charge or payment in whole or in part if the provider offers to provide comparable value to the State so as to meet the public good as determined by the Agency and the Department of Public Service. For the purposes of this section, the term “comparable value to the State” shall be construed broadly to further the State’s interest in ubiquitous broadband and wireless service availability at reasonable cost. Any waiver of charges or payments for comparable value to the State granted by the Agency may not exceed five years. Thereafter, the Agency may extend any waiver granted for an additional period not to exceed five years if the Agency makes affirmative written findings demonstrating that the State has received and will continue to receive value that is comparable to the value to the provider of the waiver, or it may revise the terms of the waiver in order to do so.

  (c) Nothing in this section shall authorize the Agency to impose a charge or payment for the use of a highway right-of-way that is not otherwise authorized or required by State or federal law.

  (d) Nothing in this section shall be construed to impair any contractual rights existing on June 9, 2007. The State shall have no authority under this section to waive any sums due to a railroad. The State shall also not offer any grants or waivers of charges for any new broadband installations in segments of rail corridor where an operating railroad has installed or allowed installation of fiber optic facilities prior to June 9, 2007 unless the State offers equivalent terms and conditions to the owner or owners of existing fiber optic facilities. (Added 1997, No. 150 (Adj. Sess.), § 20; amended 2007, No. 79, § 10, eff. June 9, 2007; 2013, No. 12, § 17; 2015, No. 41, § 14; 2021, No. 20, § 85.)

• § 27. Throughway designation

  The Agency may designate any State highway or part of a State highway as a throughway and, after notice, may revoke the designation. A town may designate any town highway or part of a town highway within the control of the town as a throughway and, after notice, may revoke the designation. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 28. Regulatory signs

  Except as provided in 23 V.S.A. § 1074, the designation of a throughway shall not become effective as to regulation of traffic at any point in intersection with any highway until the Agency or the selectboard in a town, as the case may be, shall erect suitable regulatory signs or signals in accordance with the requirements of 23 V.S.A. § 1025. The Agency or the selectboard in a town, as the case may be, may designate any intersection under their respective jurisdictions as a “stop” intersection or a “yield right of way” intersection. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 214 (Adj. Sess.), § 2, eff. May 27, 1992; 1995, No. 73 (Adj. Sess.), § 1.)

• § 29. Intersecting highways

  A highway joining a throughway at an angle, whether or not it crosses the throughway, shall be deemed to intersect it. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 30. Issue of notes for State highway construction

  The State Treasurer, with the approval of the Governor, may borrow money upon notes of the State in anticipation of the proceeds of transportation bonds that have been or subsequently are authorized by the General Assembly or in anticipation of the proceeds of federal funds made available to Vermont for purposes of construction of transportation facilities, when the construction has been previously authorized by the General Assembly and provision made for the State’s portion of the cost. The notes shall be issued on terms and at times as the State Treasurer and Governor may determine. Not more than $5,000,000.00 principal amount of the notes shall be outstanding at any one time and each note shall mature not later than one year from its date, provided that notes issued for a shorter period may be refunded from time to time by the issue of other notes maturing within the required period. Any purchaser of notes issued under this section may rely on this section as the authorization for the notes and need not examine the availability or amount of the bond authorizations or federal funds being anticipated. This authority is in addition to and not in limitation of any other authority. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2021, No. 20, § 86.)

• § 31. Abandonment of project; reconveyance

  If land has been acquired by the State in fee simple for highway purposes, or if the State has acquired a perpetual leasehold in land for highway purposes, and if the land has not been improved subsequent to its acquisition, the State shall not sell or dispose of the land within six years of the date of its acquisition unless it first offers to reconvey it to the person or persons from whom it was acquired or their heirs or assigns, for a consideration equal to the price at which it was acquired, plus interest at the rate of six percent per year from date of acquisition by the State, provided that the address of the person or persons is known to or reasonably ascertainable by the Agency. The person or persons to whom the land is to be offered shall be given written notice of their right to repurchase the land under this section and shall be allowed 60 days to complete the purchase in the event they desire to exercise that right. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 32. Assumed width of right-of-way

  A roadway width of one and one-half rods on each side of the center of the existing traveled way can be assumed and controlled for highway purposes whenever the original survey was not properly recorded, or the records preserved, or if the terminations and boundaries cannot be determined. (Added 1985, No. 269 (Adj. Sess.), § 1.)

• § 33. Survey of existing highways; damages

  (a) For the purposes of this and the following section of this title, the word “survey” means:

  (1) a survey of the existing highway where no previous survey has been properly recorded or the record of a previous survey has not been preserved, or the terminations and boundaries of a previous survey cannot be determined; or

  (2) a resurvey to reproduce a previous survey or surveys.

  (b) The Agency, for State highways, and the selectboard, for town highways, may authorize the survey of existing highways, and the rights-of-way, easements, or fee title associated with those highways. The purpose of the survey shall be to verify the location and width of the existing right-of-way, easement, or fee title and to determine the extent of the interest of the public in the title. A notice of intent to survey an existing highway shall be sent to all known abutting landowners by certified mail. In performance of the survey, the Agency or selectboard shall attempt to determine from all available evidence the type of highway, its location on the ground, its width, and the record title holder. The survey shall be based on all available evidence, including survey descriptions, original survey bills, plats, plans, maps, photographs, discontinuances, court documents, Public Service Board orders, actions by the selectboard, existing monumentation, present road location, nearby intersections, topography, vegetation, past and current use patterns, and other additional information generally relied on by land surveyors. The surveys shall be carried out in accordance with the provisions of 26 V.S.A. chapter 45.

  (c) If, during the performance of the survey process under this section, the location or limits, or both, of the right-of-way, easement, or fee title cannot be determined on the ground from the available evidence, the Agency or the selectboard may instead cause a survey to be made of the centerline of the existing traveled way and a width of one and one-half rods on each side of the centerline shall be assumed and controlled for highway purposes.

  (d) Once a survey is completed, the Agency or selectboard shall cause the right-of-way, easement, or fee title to be monumented in accordance with the survey plat and in such a manner that will allow its limits to be readily apparent to all adjacent property owners. Monumentation shall be permanent and shall include not less than two intervisible monuments located on, within, or adjacent to the highway limits. Intervisible monuments shall be at intervals of not more than 200 meters. All monuments shall be referenced to the Vermont State Plane Coordinate System in accordance with applicable statutes and standards in effect.

  (e) The Agency or selectboard shall have the survey placed on record in the town clerk’s office in each town in which the survey is performed. The record shall include survey plats prepared and filed in accordance with 27 V.S.A. §§ 1401-1406, a written description of the survey, and an opinion naming the record title holder. The description and plat shall include coordinates referenced to the Vermont State Plane Coordinate System. All recorded or filed material shall be indexed.

  (f) Notice of the completion of the survey shall be sent to all known abutting landowners by certified mail, not less than 30 days before the survey results are filed with the appropriate town clerk, together with notice of statutory rights of appeal and damages.

  (g) Upon recordation of the survey and upon final disposition of statutory appeals, all abutting and surrounding lands outside the limits of the survey shall be deemed discontinued, unless any rights deemed necessary are expressly reserved and clearly shown on the recorded survey plat. Title to the discontinued property shall belong to the owners of the abutting lands. If it is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.

  (h) A property owner aggrieved by a survey may seek damages for the loss of property or for the loss of an interest in property. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 1; 2021, No. 20, § 87.)

• § 34. Appeal from survey

  (a) A person who has title to land abutting to a highway that is surveyed by the Agency or the selectboard and who is dissatisfied with the survey may appeal the results of the survey in the Superior Court in the county in which the affected property is located. Any such appeal must be brought within 120 days from the date the results of the survey are filed with the town clerk. The results of the survey shall be binding against any property owner who does not appeal within the 120-day period.

  (b) On a motion of a person, or the Agency, or upon order of the court, any person who has a legally recorded interest in the property that is the subject of the Superior Court action may be joined as a party at any time before final determination, upon such terms as the court may prescribe. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 195 (Adj. Sess.), § 2.)

• § 35. Entrance upon lands for survey

  Employees or agents of the Agency, a municipality, or a utility authorized by law shall be allowed to enter a property for the purpose of making the necessary surveys and examinations for construction of or improvements and repairs to transportation and utility facilities, doing as little damage as possible, subject to liability for actual damages. Whenever practicable, advance notice of the proposed survey or examination shall be given to the owner or occupant of the property to be entered. No owner or occupant of property entered upon under authority of this section shall be liable for any property damage or personal injury resulting from work done by the Agency, a municipality, or a utility under authority of this section. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1995, No. 60, § 40, eff. April 25, 1995; 1995, No. 183 (Adj. Sess.), § 18i, eff. May 22, 1996.)

• § 36. Repealed. 2005, No. 80, § 48(a).

• § 37. Impoundments of water created by beaver

  (a) Transportation Board jurisdiction. On petition of the Agency of Transportation, the legislative body of an affected municipality, or the owner or operator of an affected railroad or sponsor of an affected public airport, or on its own motion, the Transportation Board may, after notice and hearing under 3 V.S.A. chapter 25, issue an order requiring the removal or abatement of an impoundment of water created by beaver that threatens to substantially damage or submerge a highway, railroad, or public airport. Notice shall be given to the owner or owners of affected land, the legislative body of the affected municipality, and the Secretary of the Agency of Natural Resources. If the Board determines that an impoundment of water created by beaver threatens to substantially damage or submerge a highway, railroad, or public airport, its order shall direct that the impoundment be abated, with as minimal impact on affected land and natural resources as possible, or if necessary, removed. Persons taking action pursuant to an order of the Board under this subsection shall be exempted from the requirements of 10 V.S.A. § 905(7).

  (b) Superior Court jurisdiction. The Transportation Board, the Agency of Transportation, the legislative body of an affected municipality, the owner or operator of an affected railroad or the sponsor of an affected public airport may petition a Superior judge for an emergency order for the removal or abatement of an impoundment of water created by beaver that presents an imminent threat to public safety by substantially damaging or submerging a highway, railroad or public airport. Rule 65 of the Vermont Rules of Civil Procedure shall apply to proceedings under this section. In addition to notice required under Rule 65, notice shall be given to the affected municipality and to the Secretary of the Agency of Natural Resources. (Added 1991, No. 134 (Adj. Sess.), § 3, eff. April 17, 1992.)

• § 38. Transportation Alternatives Grant Program

  (a), (b) [Repealed.]

  (c) The Transportation Alternatives Grant Program is created. The Grant Program shall be administered by the Agency and shall be funded in the amount provided for in 23 U.S.C. § 133(h), less the funds set aside for the Recreational Trails Program. Awards shall be made to eligible entities as defined under 23 U.S.C. § 133(h), and awards under the Grant Program shall be limited to the activities authorized under federal law and shall not exceed $300,000.00 per grant allocation.

  (d) Eligible entities awarded a grant must provide all funds required to match federal funds awarded for a Transportation Alternatives project. All grant awards shall be decided and awarded by the Agency.

  (e) Transportation Alternatives grant awards shall be announced annually by the Agency not earlier than December and not later than the following March.

  (f)(1) In fiscal year 2024 and thereafter, 50 percent of Grant Program funds, or such lesser sum if all eligible applications amount to less than 50 percent of Grant Program funds, shall be reserved for municipalities for environmental mitigation projects relating to stormwater and highways, including eligible salt and sand shed projects, and the balance of Grant Program funds shall be awarded for any eligible activity and in accordance with the priorities established in subdivision (2) of this subsection.

  (2) In evaluating applications for Transportation Alternatives grants, the Agency shall give preferential weighting to projects involving as a primary feature a bicycle or pedestrian facility. The degree of preferential weighting and the circumstantial factors sufficient to overcome the weighting shall be in the complete discretion of the Agency.

  (g) The Agency shall develop an outreach and marketing effort designed to provide information to communities with respect to the benefits of participating in the Transportation Alternatives Grant Program. The outreach and marketing activities shall include apprising municipalities of the availability of grants for salt and sand sheds. The outreach effort should be directed to areas of the State historically underserved by this Program. (Added 2003, No. 56, § 74, eff. June 4, 2003; amended 2003, No. 160 (Adj. Sess.), § 29, eff. June 9, 2004; 2005, No. 175 (Adj. Sess.), § 63; 2013, No. 12, § 12; 2015, No. 40, § 20; 2017, No. 38, § 7; 2019, No. 59, § 43; 2021, No. 184 (Adj. Sess.), § 20, eff. July 1, 2022.)

• § 39. Agency of Transportation assistance with municipal salt sheds

  (a) The Agency of Transportation shall work with municipalities to provide assistance in designing effective, low-cost enclosures for salt or sand storage, including off-the-shelf designs that incorporate economical construction materials to the extent allowed by the multisector general permit (MSGP) issued for Vermont by the U.S. Environmental Protection Agency.

  (b) The Agency shall explore opportunities for collocation of State and municipal salt or sand storage facilities where collocation would be appropriate.

  (c) The Agency of Transportation shall pursue requests for bid for bulk purchases of prototype salt and sand enclosures that would be available to municipalities for purchase. (Added 2003, No. 160 (Adj. Sess.), § 45, eff. June 9, 2004.)

• § 40. Repealed. 2009, No. 123 (Adj. Sess.), § 24(1).

• § 41. Repealed. 2011, No. 162 (Adj. Sess.), § E.110.

• § 42. Reports preserved; consolidated transportation report

  (a) Notwithstanding 2 V.S.A. § 20(d), the reports or reporting requirements of this section, sections 10g and 12a, and subsections 7(k), 10b(d), 11f(i), 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; and

  (C) show as a separate category financial and performance data on the Elders and Persons with Disabilities Transportation Program.

  (2) Data on pavement conditions of the State highway system.

  (3) A description of the conditions of bridges, culverts, and other structures on the State highway system and on town highways.

  (4) Department of Motor Vehicles 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 programs.

  (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.

  (9) A list of projects for which the construction phase was completed during the most recent construction season.

  (10) Such other information that the Secretary determines the Committees on Transportation need to perform their oversight role. (Added 2011, No. 153 (Adj. Sess.), § 33; amended 2013, No. 12, § 12a; 2013, No. 167 (Adj. Sess.), § 22; 2017, No. 154 (Adj. Sess.), § 4c, eff. May 21, 2018; 2021, No. 105 (Adj. Sess.), § 351, eff. July 1, 2022.)

• § 43. State highway closures

  (a) For purposes of this section, the phrase “planned closure of a State highway” means the closure of a State highway for more than 48 hours for a project that is part of the State’s annual Transportation Program. The phrase does not include emergency projects or closures of 48 hours or less for maintenance work.

  (b) Before the planned closure of a State highway, the Agency shall:

  (1) contact the legislative body of any municipality affected by the closure to determine whether the legislative body wishes to convene a regional public meeting for the purpose of hearing public concerns regarding the planned closure; and

  (2) conduct a regional public meeting if requested by the legislative body of a municipality affected by the closure.

  (c) To address concerns raised at a meeting held pursuant to subsection (b) of this section or otherwise to reduce adverse impacts of the planned closure of a State highway, the Agency shall consult with other State agencies and departments, regional chambers of commerce, regional planning commissions, local legislative bodies, emergency medical service organizations, school officials, and area businesses to develop mitigation strategies.

  (d) In developing mitigation strategies, the Agency shall consider the need to provide a level of safety for the traveling public comparable to that available on the segment of State highway affected by the planned closure. If the Agency finds town highways unsuitable for a signed detour, the Agency will advise local legislative bodies of the reasons for its determination. (Added 2011, No. 153 (Adj. Sess.), § 45; amended 2013, No. 12, § 20.)

• § 44. Statewide Property Parcel Mapping Program

  (a) Purpose. The purpose of the Statewide Property Parcel Mapping Program is to:

  (1) develop a statewide property parcel data layer;

  (2) ensure regular maintenance, including updates, of the data layer; and

  (3) make property parcel data available to State agencies and departments, regional planning commissions, municipalities, and the public.

  (b) Property Parcel Data Advisory Board. The Property Parcel Data Advisory Board (Board) is created for the purpose of monitoring the Statewide Property Parcel Mapping Program and making recommendations to the Agency of how the Program can be improved to enhance the usefulness of statewide property parcel data for State agencies and departments, regional planning commissions, municipalities, and the public. The Board shall comprise:

  (1) the Secretary of Transportation or designee, who shall serve as chair;

  (2) the Secretary of Natural Resources or designee;

  (3) the Secretary of Commerce and Community Development or designee;

  (4) the Commissioner of Taxes or designee;

  (5) a representative of the Vermont Association of Planning and Development Agencies;

  (6) a representative of the Vermont League of Cities and Towns; and

  (7) a land surveyor licensed under 26 V.S.A. chapter 45 designated by the Vermont Society of Land Surveyors.

  (c) Meetings of Board. The Board shall meet at the call of the chair or at the request of a majority of its members. The Agency shall provide administrative assistance to the Board and such other assistance as the Board may require to carry out its duties.

  (d) Standards. The Agency shall update the statewide property parcel data layer in accordance with the standards of the Vermont Geographic Information System (VGIS), as specified in 10 V.S.A. § 123 (powers and duties of Vermont Center for Geographic Information).

  (e) Funding sources. Federal transportation funds shall be used for the development and operation of the Program. In fiscal year 2018 and in succeeding fiscal years, the Agency shall make every effort to ensure that all State matching funds are provided by other State agencies or external partners, or both, that benefit from the Program. (Added 2015, No. 158 (Adj. Sess.), § 37.)

• § 45. Heating systems

  (a) In accordance with the renewable energy goals set forth in the State Comprehensive Energy Plan, the Agency of Transportation shall strive to meet not less than 35 percent of its thermal energy needs from non-fossil fuel sources by 2025 and 45 percent by 2035.

  (1) In order to meet these goals, the Agency will need to use more renewable fuels, such as local wood fuels, to heat its buildings and continue to increase its use of electricity that is generated from renewable sources.

  (2) When building new Agency facilities or replacing heating equipment that has reached the end of its useful lifespan, the Agency shall prioritize switching to high-efficiency, advanced heating systems.

  (b) On or before October 1 every other year, the Agency shall report to the Department of Buildings and General Services the percentage of the Agency’s thermal energy usage during each of the previous two fiscal years that came from fossil fuels and from non-fossil fuels. The Agency shall report its non-fossil fuel percentage by fuel source and shall identify each type and amount of wood fuel used. (Added 2023, No. 148 (Adj. Sess.), § 3, eff. July 1, 2024.)