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2023 Vermont Statutes › Title 19 - Highways › Chapter 23 - Bicycle Routes and Sidewalks › § 2302. Establishment and maintenance

§ 2302. Establishment and maintenance
The Agency may establish and maintain bicycle routes separately or in conjunction with the construction, reconstruction, or maintenance of an existing or new highway. In so doing, the Agency may use funds from any available source. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 16, eff. June 3, 1993.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 23 - Bicycle Routes and Sidewalks › § 2303. Rules

§ 2303. Rules
The Secretary may adopt rules concerning the development and use of bicycle routes, pursuant to the provisions of 3 V.S.A. chapter 25. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 17, eff. June 3, 1993.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 23 - Bicycle Routes and Sidewalks › § 2305. Agency powers and duties

§ 2305. Agency powers and duties
The Agency:
(1) may acquire, in accordance with the procedures of chapter 5 of this title or by gift, any real property or interest in real property that shall be necessary or appropriate for the development of bicycle routes; and
(2) shall assist and cooperate with regional planning commissions, municipal governments, other State agencies, and citizens’ groups in the development and construction of local and regional bicycle projects and in the application for any funds available for these projects. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 18, eff. June 3, 1993; 1997, No. 38, § 16, eff. May 28, 1997; 2021, No. 105 (Adj. Sess.), § 369, eff. July 1, 2022.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 23 - Bicycle Routes and Sidewalks › § 2307. Municipalities; legislative bodies

§ 2307. Municipalities; legislative bodies
(a) Legislative bodies of municipalities shall have the same powers granted the Agency under sections 2302, 2303, and 2305 of this title relating to highways under their jurisdiction, and funds appropriated to municipalities under section 306 of this title may be used for the establishment of bicycle routes.
(b) In the construction, reconstruction, alteration, or repair of bicycle routes that involves the taking of private lands, the legislative body of a municipality shall follow the procedures outlined in chapter 5 or chapter 7 of this title for the taking of private land for highways. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1991, No. 175 (Adj. Sess.), § 12, eff. May 15, 1992; 1993, No. 61, § 19, eff. June 3, 1993.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 23 - Bicycle Routes and Sidewalks › § 2309. Liability of landowner

§ 2309. Liability of landowner
No landowner shall be liable for any property damage or personal injury sustained by any person who is using, for any purpose permitted by State law or by a municipal ordinance, bicycle routes or sidewalks constructed on the landowner’s property pursuant to this chapter, unless the landowner charges a fee for the use of the property. Landowner immunity from liability with regard to sidewalks under this section shall not extend to damage or injury to the extent that it arises from negligent, reckless, or willful acts of the landowner. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 20, eff. June 3, 1993; 2009, No. 50, § 95.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 23 - Bicycle Routes and Sidewalks › § 2310. Pavement of highway shoulders

§ 2310. Pavement of highway shoulders
(a) Notwithstanding the provisions of section 10c of this title, it is the policy of the State to provide paved shoulders on major State highways with the intent to develop an integrated bicycle route system and make the shoulders safer for pedestrian traffic. This shall not apply to the interstate highway and certain other limited access highways.
(b) Any construction, or reconstruction, including upgrading and resurfacing projects on these highways, shall maintain or improve existing access and road surface conditions for bicycles and pedestrians along the shoulders of these highways, unless the area is adequately served by bicycle and pedestrian paths that are not located along the shoulders of these highways, or unless the Agency deems it to be cost-prohibitive. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1993, No. 61, § 21, eff. June 3, 1993; 1995, No. 140 (Adj. Sess.), § 3; 2007, No. 209 (Adj. Sess.), § 10.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 23 - Bicycle Routes and Sidewalks › § 2311. Cooperating agencies

§ 2311. Cooperating agencies
For the purposes of this chapter, the Agency of Natural Resources shall assist the Agency of Transportation in matters relating to the recreational use and the availability of government funds that might be used for the purposes of this chapter. The Agency of Commerce and Community Development shall assist the Agency of Transportation in matters relating to bicycle tourism. (Added 1993, No. 61, § 22, eff. June 3, 1993; amended 1995, No. 190 (Adj. Sess.), § 1(a).)
2023 Vermont Statutes › Title 19 - Highways › Chapter 23 - Bicycle Routes and Sidewalks › § 2312. Statutory construction

§ 2312. Statutory construction
The provisions of this chapter shall not be construed to limit the powers of any governmental body under any other law or municipal charter. (Added 1993, No. 61, § 23, eff. June 3, 1993.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 24 - Complete Streets › § 2401. Definition

§ 2401. Definition
As used in this chapter, “complete streets” means streets that provide safe and accessible options for multiple travel modes for individuals of all ages and abilities, including walking, cycling, public transportation, and motor vehicles. (Added 2023, No. 62, § 35, eff. July 1, 2023.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 24 - Complete Streets › § 2402. State policy

§ 2402. State policy
(a) Agency of Transportation funded, designed, or funded and designed projects shall seek to increase and encourage more pedestrian, bicycle, and public transit trips, with the State goal to promote intermodal access to the maximum extent feasible, which will help the State meet the transportation-related recommendations outlined in the Comprehensive Energy Plan (CEP) issued under 30 V.S.A. § 202b and the recommendations of the Vermont Climate Action Plan (CAP) issued under 10 V.S.A. § 592.
(b) Except in the case of projects or project components involving unpaved highways, for all transportation projects and project phases managed by the Agency or a municipality, including planning, development, construction, or maintenance, it is the policy of this State for the Agency and municipalities, as applicable, to incorporate complete streets principles that:
(1) serve individuals of all ages and abilities, including vulnerable users as defined in 23 V.S.A. § 4(81);
(2) follow state-of-the-practice design guidance; and
(3) are sensitive to the surrounding community, including current and planned buildings, parks, and trails and current and expected transportation needs. (Added 2023, No. 62, § 35, eff. July 1, 2023.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 24 - Complete Streets › § 2404. Annual report; public data source

§ 2404. Annual report; public data source
(a) Annual report. Notwithstanding 2 V.S.A. § 20(d), the Agency shall annually, on or before September 1 starting in 2025, submit a report detailing the State’s efforts in following the complete streets policy established in section 2402 of this chapter during the previous fiscal year to the House and Senate Committees on Transportation.
(b) Public data source.
(1) The Agency of Transportation shall maintain a web-accessible and web-searchable data source dedicated to complete streets on the Agency’s website that shall contain information on all State-managed transportation projects that have been bid since January 1, 2023, including a description of the project, the location of the project, which complete streets principles were incorporated in the project, as applicable, and an explanation as to which circumstance or circumstances contained in subsection 2403(a) of this chapter existed in the case of projects not incorporating complete streets principles.
(2) The web-accessible and web-searchable data source required under this subsection shall be updated on at least an annual basis. (Added 2023, No. 62, § 35, eff. July 1, 2023.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 25 - Scenic Roads › § 2501. State Scenic Roads and Byways; designation and discontinuance

§ 2501. State Scenic Roads and Byways; designation and discontinuance
(a) On the recommendation of the municipalities through which a proposed or existing State Scenic Road or Byway passes and of the regional planning commissions that serve such municipalities, the Transportation Board may designate or discontinue any State highway, or portion of a State highway, as a State Scenic Road or Byway, in accordance with standards adopted by the Board by rule. The Board shall hold a public hearing on the recommendation, giving notice thereof to the municipalities and regional planning commissions, the Secretary, and the Commissioner of Tourism and Marketing, and shall submit a copy of its findings and decision to these parties within 60 days after receipt of the recommendation. The hearing shall be held in the vicinity of the proposed State Scenic Road or Byway.
(b) [Repealed.]
(c) A State Scenic Road or Byway shall not be reconstructed or improved unless the reconstruction or improvement is conducted in accordance with the Agency of Transportation’s Vermont Design Standards, as amended. Signs along State Scenic Roads and Byways shall comply with the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, as amended. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 24; 1995, No. 190 (Adj. Sess.), § 1(a); 2011, No. 62, § 23; 2011, No. 139 (Adj. Sess.), § 51(h), eff. May 14, 2012; 2015, No. 40, § 29.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 25 - Scenic Roads › § 2502. Town scenic roads; designation and discontinuance

§ 2502. Town scenic roads; designation and discontinuance
(a) On recommendation of the planning commission of a municipality, or on the initiative of the legislative body of a municipality, a legislative body may, after one public hearing warned for the purpose, designate or discontinue any town highway or portion of a town highway as a town scenic road. Such action by the legislative body may be petitioned by the registered voters of the municipality pursuant to the provisions of 24 V.S.A. § 1973.
(b) A town scenic road may be reconstructed or improved in a manner consistent with the Agency’s Vermont Design Standards, as amended. A class 1, 2, or 3 scenic road shall still be eligible to receive aid pursuant to the provisions of this title. Signs along town scenic roads shall comply with the Federal Highway Administration’s Manual on Uniform Traffic Control Devices, as amended.
(c) [Repealed.] (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2011, No. 62, § 24; 2015, No. 40, § 29.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 25 - Scenic Roads › § 2503. Register

§ 2503. Register
The Agency may annually publish a register containing a listing of all State and locally designated scenic roads and byways. Any listing shall include the mileage of each road or byway and any special, natural, historical, or scenic attractions on the road or byway. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 40, § 29.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 25 - Scenic Roads › § 2504. Additional funds

§ 2504. Additional funds
The Agency, and any qualifying municipality, within the authority of State and federal law, may accept and spend any funds made available to them for the purpose of enhancing or establishing designated scenic roads or byways. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 1989, No. 246 (Adj. Sess.), § 25; 2015, No. 40, § 29.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 25 - Scenic Roads › § 2505. Rights of adjacent landowners

§ 2505. Rights of adjacent landowners
Nothing in this chapter shall preclude the rights of a landowner from developing property adjacent to a designated scenic road or byway, so long as the development is in accordance with existing law or ordinance. (Added 1985, No. 269 (Adj. Sess.), § 1; amended 2015, No. 40, § 29.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 26 - Design-Build Contracts and Public-Private Partnerships › § 2601. Definitions

§ 2601. Definitions
As used in this chapter, unless the context otherwise indicates:
(1) “Best value” means the highest overall value to the State, considering quality and cost.
(2) “Design-build contracting” means a method of project delivery where a single entity is contractually responsible to perform design, construction, and related services.
(3) “Major participant” means any entity that would have a major role in the design or construction of the project as specified by the Agency in the request for proposals.
(4) “Project” means the highway, bridge, railroad, airport, trail, transportation, building, or other improvement being constructed or rehabilitated, including all professional services, labor, equipment, materials, tools, supplies, warranties, and incidentals needed for a complete and functioning product.
(5) “Proposal” means an offer by the proposer to design and construct the project in accordance with all request-for-proposals provisions for the price contained in the proposal.
(6) “Proposer” means an individual, firm, corporation, limited-liability company, partnership, joint venture, sole proprietorship, or other entity that submits a proposal. After contract execution, the successful proposer is the design-builder.
(7) “Quality” means those features that the Agency determines are most important to the project. Quality criteria may include quality of design, constructability, long-term maintenance costs, aesthetics, local impacts, traveler and other user costs, service life, time to construct, and other factors that the Agency considers to be in the best interests of the State. (Added 2009, No. 50, § 84; amended 2021, No. 20, § 109.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 26 - Design-Build Contracts and Public-Private Partnerships › § 2602. Authorization

§ 2602. Authorization
(a) Notwithstanding section 10 of this title or any other provision of law, the Agency may use design-build contracting to deliver projects. The Agency may evaluate and select proposals on either a best-value or a low-bid basis. If the scope of work requires substantial engineering judgment, the quality of which may vary significantly as determined by the Agency, then the basis of award shall be best-value.
(b) The Agency shall identify those projects it believes are candidates for design-build contracting, including those involving extraordinary circumstances, such as emergency work, unscheduled projects, or loss of funding.
(c) The Agency retains the authority to terminate the contracting process at any time, to reject any proposal, to waive technicalities, or to advertise for new proposals if the Agency determines that it is in the best interests of the State. (Added 2009, No. 50, § 84; amended 2021, No. 20, § 110.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 26 - Design-Build Contracts and Public-Private Partnerships › § 2603. Prequalification

§ 2603. Prequalification
(a) The Agency may require that entities be prequalified to submit proposals. If the Agency requires prequalification, it shall give public notice requesting qualifications from interested entities electronically through the Agency’s publicly accessible website or through advertisements in newspapers. The Agency shall issue a request-for-qualifications package to all entities requesting one in accordance with the notice.
(b) Interested entities shall supply for themselves and for all major participants all information required by the Agency. The Agency may investigate and verify all information received. All financial information, trade secrets, or other information customarily regarded as confidential business information submitted to the Agency shall be confidential.
(c) The Agency shall evaluate and rate all entities submitting a conforming statement of qualifications and select the most qualified entities to receive a request for proposals. The Agency may select any number of entities, except that if the Agency fails to prequalify at least two entities, the Agency shall readvertise the project. (Added 2009, No. 50, § 84.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 26 - Design-Build Contracts and Public-Private Partnerships › § 2604. Request for proposals

§ 2604. Request for proposals
The Agency may issue a request for proposals, which shall set forth the scope of work, design parameters, construction requirements, time constraints, and all other requirements that have a substantial impact on the cost or quality of the project and the project development process, as determined by the Agency. The request for proposals shall include the criteria for acceptable proposals. For projects to be awarded on a best-value basis, the scoring process and quality criteria must also be contained in the request for proposals. In the Agency’s discretion, the request for proposals may provide for a process, including the establishment of a team to review proposals, for the Agency to review conceptual technical elements of each proposal before full proposal submittal for the purposes of identifying defects that would cause rejection of the proposal as nonresponsive. All such conceptual submittals and responses shall be confidential until award of the contract. The request for proposals may also provide for a stipend upon specified terms to unsuccessful proposers that submit proposals conforming to all request-for-proposals requirements. (Added 2009, No. 50, § 84.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 26 - Design-Build Contracts and Public-Private Partnerships › § 2605. Low-bid award

§ 2605. Low-bid award
If the basis of the award of responsive proposals is low-bid, then each proposal, including the price or prices, shall be sealed by the proposer and submitted to the Agency as one complete package. The Agency shall award the design-build contract to the proposer that submits a responsive proposal with the lowest cost, if the proposal meets all request-for-proposals requirements. (Added 2009, No. 50, § 84.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 26 - Design-Build Contracts and Public-Private Partnerships › § 2606. Best-value award

§ 2606. Best-value award
(a) If the basis of the award of responsive proposals is best-value, then each proposal shall be submitted by the proposer to the Agency in two separate components: a sealed technical proposal and a sealed price proposal. These two components shall be submitted simultaneously. The Agency shall first open, evaluate, and score each responsive technical proposal, based on the quality criteria contained in the request for proposals. The request for proposals may provide that the range between the highest and lowest quality scores of responsive technical proposals must be limited to an amount certain. During this evaluation process, the price proposals shall remain sealed, and all technical proposals shall be confidential.
(b) After completion of the evaluation of the technical proposals, the Agency shall open and review each price proposal. The Agency shall develop a system for assessing the cost and quality criteria. The Agency shall award the contract to the proposer of the project representing the best value to the Agency. (Added 2009, No. 50, § 84.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 26 - Design-Build Contracts and Public-Private Partnerships › § 2611. Pilot established; intent

§ 2611. Pilot established; intent
(a)(1) The General Assembly hereby establishes a pilot program to authorize the Agency, for a time-limited period, to receive solicited and unsolicited proposals and to enter into P3 agreements if certain conditions are met.
(2) Nothing in this subchapter is intended to modify any obligations or rights under any other law.
(b) Before the authority conferred under this subchapter terminates, the General Assembly intends to:
(1) review whether and how the Agency has exercised the authority and whether the P3 agreements it has entered into have served the public interest; and
(2) determine whether the authority should terminate, be extended, or be amended.
(c) If the Agency’s authority under this subchapter terminates, the General Assembly intends that:
(1) the Agency not have authority to pursue any proposal that has not resulted in a P3 agreement prior to termination of the Agency’s authority; and
(2) any P3 agreement lawfully entered into prior to termination of the Agency’s authority shall continue in effect after termination of the authority. (Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2026 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 26 - Design-Build Contracts and Public-Private Partnerships › § 2612. Definitions

§ 2612. Definitions
As used in this subchapter:
(1) “Facility” means transportation infrastructure that is, or if developed, would be, within the jurisdiction of the Agency or eligible for federal-aid funding managed through the Agency.
(2) “Project” means the capital development of a facility.
(3) “Proposal” means a conditional offer of a private entity that, after review, negotiation, and documentation, and after legislative approval if required under this subchapter, may lead to a P3 agreement as provided in this subchapter.
(4) “Public-private partnership” or “P3” means an alternative project delivery mechanism that may be used by the Agency to permit private sector participation in a project, including in its financing, development, operation, management, ownership, leasing, or maintenance. As used in this subchapter, “partnership” shall refer solely to a “public-private partnership” and “partner” shall refer to the State or to the private entity participant or participants in a public-private partnership.
(5) “P3 agreement” means a contract or other agreement between the Agency and a private entity to undertake a project as a public-private partnership and that sets forth rights and obligations of the Agency and the private entity in that partnership. (Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; amended 2019, No. 59, § 24; repealed on July 1, 2026 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 26 - Design-Build Contracts and Public-Private Partnerships › § 2613. Authority

§ 2613. Authority
(a) The Agency is authorized to receive unsolicited proposals or to solicit proposals to undertake a project as a public-private partnership. The Agency shall develop, and have authority to amend, criteria to review and evaluate such proposals to determine if they are in the public interest and shall review and evaluate all proposals received in accordance with these criteria. In addition to other criteria that the Agency may develop, at minimum, the criteria shall require consideration of:
(1) the benefits of the proposal to the State transportation system and the potential impact to other projects currently prioritized in the most recently adopted Transportation Program;
(2) the extent to which a proposal would reduce the investment of State funds required to advance the project that the proposal addresses; and
(3) the extent to which a proposal would enable the State to receive additional federal funding that would not otherwise be available.
(b) If the Agency determines that a proposal is in the public interest:
(1) The Agency is authorized to enter into a P3 agreement with respect to the proposal without legislative approval if:
(A) the project has been approved in the most recently adopted Transportation Program; and
(B) total estimated State funding over the lifetime of the project will be less than $2,000,000.00.
(2) For the following projects, the Agency is authorized to enter into a P3 agreement with respect to the proposal only if the Agency receives specific legislative approval to enter into the P3 agreement:
(A) a project that has not been approved in the most recently adopted Transportation Program; or
(B) a project for which total estimated State funding over the lifetime of the project will be $2,000,000.00 or more. (Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2026 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 26 - Design-Build Contracts and Public-Private Partnerships › § 2614. Legislative approval

§ 2614. Legislative approval
If the Secretary determines that a proposal that requires legislative approval under section 2613 of this title is in the public interest and should be pursued, the Secretary shall submit to the General Assembly:
(1) a description of the proposal, including:
(A) a summary of the project scope and timeline;
(B) the rights and obligations of the State and private entity partner or partners, including the level of involvement of all partners in any ongoing operations, maintenance, and ownership of a facility;
(C) the nature and amount of State funding of the project and of any ongoing State financial responsibility for ongoing maintenance or operation costs; and
(D) its effect on any project in the most recent approved Transportation Program;
(2) a statement detailing how the proposal meets the Agency’s criteria developed under this subchapter; and
(3) proposed legislation to confer authority to the Agency to enter into a P3 agreement with respect to the proposal. (Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2026 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 26 - Design-Build Contracts and Public-Private Partnerships › § 2615. Report

§ 2615. Report
(a) Annually, on or before January 15, the Agency shall report to the House and Senate Committees on Transportation:
(1) for each P3 agreement entered into following legislative approval required under this subchapter, for as long as the agreement is in effect, a description of the current status of the project and of any substantive change to the P3 agreement since the prior year’s report; and
(2) for each P3 agreement entered into since the prior year’s report pursuant to section 2613 of this title that did not require legislative approval, a description of the P3 agreement and of the project.
(b) Notwithstanding 2 V.S.A. § 20(d), the annual report required under this section shall continue to be required unless the General Assembly takes specific action to repeal the report requirement. (Added 2017, No. 158 (Adj. Sess.), § 20, eff. May 21, 2018; repealed on July 1, 2026 by 2017, No. 158 (Adj. Sess.), § 21, as amended by 2023, No. 62, § 41.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 27 - Private Roads › § 2701. Intent

§ 2701. Intent
The intent of this chapter is to state the responsibilities for the maintenance of a private road, in the absence of an express agreement or requirement governing such maintenance responsibilities, in accordance with the Vermont Supreme Court decision of Hubbard v. Bolieau, 144 Vt. 373 (1984), which draws upon established principles of Vermont law. This chapter will only apply to resolve conflicts regarding maintenance of private roads in the absence of an express agreement or requirement. The provisions of this chapter are not intended to abridge, enlarge, or modify any right provided under Hubbard and the common law of Vermont. (Added 2011, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 27 - Private Roads › § 2702. Private road maintenance

§ 2702. Private road maintenance
In the absence of an express agreement or requirement governing maintenance of a private road, when more than one person enjoys a common benefit from a private road each person shall contribute rateably to the cost of maintaining the private road and shall have the right to bring a civil action to enforce the requirement of this section. (Added 2011, No. 123 (Adj. Sess.), § 1.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 29 - Vehicle Incentive Programs › § 2901. Definitions

§ 2901. Definitions
As used in this chapter:
(1) “Adaptive electric cycle” means an electric bicycle or an electric cargo bicycle that has been modified to meet the physical needs or abilities of the operator or a passenger.
(2) “Electric bicycle” has the same meaning as in 23 V.S.A. § 4(46)(A).
(3) “Electric cargo bicycle” means a motor-assisted bicycle, as defined in 23 V.S.A. § 4(45)(B)(i), with an electric motor, as defined under 23 V.S.A. § 4(45)(B)(i)(II), that is specifically designed and constructed for transporting loads, including at least one or more of the following: goods, one or more individuals in addition to the operator, or one or more animals. A motor-assisted bicycle that is not specifically designed and constructed for transporting loads, including a motor-assisted bicycle that is only capable of transporting loads because an accessory rear or front bicycle rack has been installed, is not an electric cargo bicycle.
(4) “Plug-in electric vehicle (PEV),” “battery electric vehicle (BEV),” and “plug-in hybrid electric vehicle (PHEV)” have the same meanings as in 23 V.S.A. § 4(85). (Added 2023, No. 62, § 19, eff. July 1, 2023.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 29 - Vehicle Incentive Programs › § 2903. MileageSmart

§ 2903. MileageSmart
(a) Creation; administration.
(1) There is created a used high fuel efficiency vehicle incentive program, which shall be administered by the Agency of Transportation and known as MileageSmart.
(2) Subject to State procurement requirements, the Agency may retain a contractor or contractors to assist with marketing, program development, and administration of MileageSmart.
(b) Program structure. MileageSmart shall structure high fuel efficiency purchase incentive payments by income to help all Vermonters benefit from more efficient driving and reduced greenhouse gas emissions, including Vermont’s most vulnerable. Specifically, MileageSmart shall:
(1) apply to purchases of used high fuel-efficient motor vehicles, which for purposes of this program shall be pleasure cars with a combined city/highway fuel efficiency of at least 40 miles per gallon or miles-per-gallon equivalent as rated by the Environmental Protection Agency when the vehicle was new; and
(2) provide not more than one point-of-sale voucher worth up to $5,000.00 to an individual who is a member of a household with an adjusted gross income that is at or below 80 percent of the State median income.
(c) Administrative costs. Up to 15 percent of any appropriations for MileageSmart may be used for any costs associated with administering and promoting MileageSmart.
(d) Outreach and marketing. The Agency, in consultation with any retained contractors, shall ensure that there is sufficient outreach and marketing, including the use of translation and interpretation services, of MileageSmart so that Vermonters who are eligible for an incentive can easily learn how to secure as many different incentives as are available, and such costs shall be considered administrative costs for purposes of subsection (c) of this section. (Added 2023, No. 62, § 19, eff. July 1, 2023.)
2023 Vermont Statutes › Title 19 - Highways › Chapter 29 - Vehicle Incentive Programs › § 2905. Annual reporting

§ 2905. Annual reporting
(a) The Agency shall annually evaluate the programs established under this chapter to gauge effectiveness and shall submit a written report on the effectiveness of the programs to the House and Senate Committees on Transportation, the House Committee on Environment and Energy, and the Senate Committee on Finance on or before the 31st day of January in each year following a year that an incentive was provided through one of the programs.
(b) The report shall also include:
(1) any intended modifications to program guidelines for the upcoming fiscal year along with an explanation for the reasoning behind the modifications and how the modifications will yield greater uptake of PEVs and other means of transportation that will reduce greenhouse gas emissions; and
(2) any recommendations on statutory modifications to the programs, including to income and vehicle eligibility, along with an explanation for the reasoning behind the statutory modification recommendations and how the modifications will yield greater uptake of PEVs and other means of transportation that will reduce greenhouse gas emissions.
(c) Notwithstanding 2 V.S.A. § 20(d), the annual report required under this section shall continue to be required if an incentive is provided through one of the programs unless the General Assembly takes specific action to repeal the report requirement. (Added 2023, No. 62, § 19, eff. July 1, 2023.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 1. Purpose and policy

§ 1. Purpose and policy
(a) Because of the increasing possibility of the occurrence of disasters or emergencies of unprecedented size and destructiveness resulting from all-hazards and in order to ensure that preparation of this State will be adequate to deal with such disasters or emergencies; to provide for the common defense; to protect the public peace, health, and safety; and to preserve the lives and property of the people of the State, it is found and declared to be necessary:
(1) to create a State emergency management agency, and to authorize the creation of local and regional organizations for emergency management;
(2) to confer upon the Governor and upon the executive heads or legislative branches of the towns and cities of the State the emergency powers provided pursuant to this chapter;
(3) to provide for the rendering of mutual aid among the towns and cities of the State; with other states and Canada; and with the federal government with respect to the carrying out of emergency management functions; and
(4) to authorize the establishment of organizations and the taking of steps as necessary and appropriate to carry out the provisions of this chapter.
(b) It is further declared to be the purpose of this chapter and the policy of the State that all emergency management functions of this State be coordinated to the maximum extent with the comparable functions of the federal government including its various departments and agencies, of other states and localities, and of private agencies of every type, to the end that the most effective preparation and use may be made of the nation’s resources and facilities for dealing with any emergencies resulting from all-hazards. (Amended 1989, No. 252 (Adj. Sess.), § 2; 2005, No. 209 (Adj. Sess.), § 2; 2021, No. 20, § 111.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 3. Vermont Emergency Management Division

§ 3. Vermont Emergency Management Division
(a) There is hereby created within the Department of Public Safety a division to be known as the Vermont Emergency Management Division.
(b) There shall be a Director of Vermont Emergency Management who shall be in immediate charge of the Division. The Director shall be appointed by the Commissioner, with the approval of the Governor. The Director shall serve at the pleasure of the Commissioner and shall hold no other State office. The Director shall perform all the following duties:
(1) coordinate the activities of all emergency management organizations within the State;
(2) maintain liaison and cooperation with emergency management agencies and organizations of the federal government, other states, and Canada; and
(3) perform additional duties and responsibilities required pursuant to this chapter and prescribed by the Governor.
(c) The Commissioner, subject to the approval of the Governor, shall delegate to the several departments and agencies of the State government appropriate emergency management responsibilities and review and coordinate the emergency management activities of the departments and agencies with each other and with the activities of the districts and neighboring states, the neighboring Canadian province of Quebec, and the federal government. (Amended 1965, No. 125, § 17, eff. July 2, 1965; 1985, No. 4, eff. March 9, 1985; 1989, No. 252 (Adj. Sess.), § 4; 2005, No. 209 (Adj. Sess.), § 4; 2021, No. 105 (Adj. Sess.), § 370, eff. July 1, 2022.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 3a. Emergency Management Division; duties; budget

§ 3a. Emergency Management Division; duties; budget
(a) In addition to other duties required by law, the Division of Emergency Management shall:
(1) Establish and maintain a comprehensive State emergency management strategy that includes an emergency management plan; establish and define regional emergency management committees; and prepare an all-hazards mitigation plan in cooperation with other State, regional, and local agencies in compliance with adopted federal standards for emergency management. The strategy shall be designed to protect the lives and property, including domestic animals, of persons within this State who might be threatened as the result of all-hazards, and shall align State coordination structures, capabilities, and resources into a unified and multidisciplined all-hazards approach to incident management.
(2) Assist the State Emergency Response Commission, the local emergency planning committees, the regional emergency management committees, and the municipally established local organizations referred to in section 6 of this title in carrying out their designated emergency functions, including developing, implementing, and coordinating emergency plans.
(b) Each fiscal year, the Division of Emergency Management, in collaboration with State and local agencies, the management of the nuclear reactor, the legislative bodies of the municipalities in the emergency planning zone where the nuclear reactor is located, the Windham Regional Planning Commission, and any other municipality or emergency planning zone entity required by the State to support the Radiological Emergency Response Plan, shall develop the budget for expenditures from the Radiological Emergency Response Plan Fund. The expenditure budget shall include all costs for evacuation notification systems.
(c) From the Fund, each town within the emergency planning zone shall receive an annual base payment of no less than $5,000.00 for radiological emergency response-related expenditures from the Radiological Emergency Response Plan Fund. Additional expenditures by municipalities in the emergency planning zone, the Windham Regional Planning Commission, and any other municipality or emergency planning entity defined by the State as required to support the Plan shall be determined during the budget development process established by subsection (b) of this section. (Added 1989, No. 252 (Adj. Sess.), § 5; amended 1993, No. 194 (Adj. Sess.), § 1, eff. June 14, 1994; 2005, No. 209 (Adj. Sess.), § 5; 2005, No. 215 (Adj. Sess.), § 68a; 2021, No. 52, § 17.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 5. Public safety districts

§ 5. Public safety districts
(a) The Governor shall divide the State into public safety districts, one to correspond to each Vermont State Police troop area, as defined by the Commissioner. Each district shall be a reasonably self-sustaining, operating emergency management unit.
(b) The emergency management executive in each district shall be known as the district coordinator. The district coordinator shall be appointed by the Commissioner and shall serve during the pleasure of the Commissioner. The district coordinator shall discharge emergency management powers within his or her district. Each public safety district shall maintain on file an all-hazards incident response plan in cooperation with any local emergency planning committee (LEPC) in that district and other State and local agencies. (Amended 1959, No. 23, § 1, eff. March 6, 1959; 1985, No. 4, eff. March 9, 1985; 1989, No. 252 (Adj. Sess.), § 7; 1995, No. 188 (Adj. Sess.), § 5; 2005, No. 209 (Adj. Sess.), § 6.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 10. Request to Governor by municipal authorities

§ 10. Request to Governor by municipal authorities
The all-hazards event provisions of this chapter shall not be brought into action unless the municipal director of emergency management, a member of the legislative body of the municipality, the city or town manager, or the mayor of a city that is within the area affected by an all-hazards event shall declare an emergency and request the Governor to find that a state of emergency exists and the Governor so finds, or unless the Governor declares a state of emergency under section 9 of this title. (Amended 2005, No. 209 (Adj. Sess.), § 11.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 13. Termination of emergencies

§ 13. Termination of emergencies
The Governor:
(1) May terminate by proclamation the emergencies provided for in sections 9 and 11 of this title; provided, however, that no emergencies shall be terminated prior to the termination of such emergency as provided in federal law.
(2) May declare the state of emergency terminated in any area affected by an all-hazards event.
(3) Upon receiving notice that a majority of the legislative body of a municipality affected by a natural disaster no longer desires that the state of emergency continue within its municipality, shall declare the state of emergency terminated within that particular municipality. Upon the termination of the state of emergency, the functions as set forth in section 9 of this title shall cease, and the local authorities shall resume control. (Amended 2005, No. 209 (Adj. Sess.), § 13.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 15. Return of property

§ 15. Return of property
(a) Whenever the need for the purposes of this chapter of any real or personal property acquired under this chapter shall terminate, the Governor may dispose of such property on such terms and conditions as he or she deems appropriate, but to the extent feasible and practicable the Governor shall give to the former owner of any property so disposed of an opportunity to reacquire it:
(1) at its then fair value as determined by the Governor; or
(2) if it is to be disposed of, other than at a public sale of which the Governor shall give reasonable notice, at less than such value, at the highest price any other person is willing to pay for the property.
(b) The Governor need not provide an opportunity to reacquire property in the case of items that lose their identity in use or to property having a fair value of less than $500.00. (Amended 2021, No. 20, § 118.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 16. Orders and rules

§ 16. Orders and rules
The towns and cities of the State and other agencies designated or appointed by the Governor are authorized and empowered to make, amend, and rescind orders and rules as necessary for emergency management purposes and to supplement the carrying out of the provisions of this chapter. Orders and rules adopted pursuant to this section shall not be inconsistent with any orders and rules adopted by the Governor or by any State agency exercising a power delegated to it by him or her. (Amended 1989, No. 252 (Adj. Sess.), § 14; 2021, No. 20, § 119.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 17. Gift, grant, or loan

§ 17. Gift, grant, or loan
(a) Federal. Whenever the federal government or any agency or officer of the federal government offers to the State, or through the State to any town or city within Vermont, services, equipment, supplies, materials, or funds by way of gift, grant, or loan for purposes of emergency management, the State, acting through the Governor in coordination with the Department of Public Safety, or such town or city acting with the consent of the Governor and through its executive officer or legislative branch, may accept the offer, and upon such acceptance, the Governor or the executive officer or legislative branch of the political subdivision may authorize any officer of the State or of the political subdivision, as the case may be, to receive the services, equipment, supplies, materials, or funds on behalf of the State or the political subdivisions, and subject to the terms of the offer and rules, if any, of the agency making the offer. Whenever a federal grant is contingent upon a State or local contribution, or both, the Department of Public Safety and the political subdivision shall determine whether the grant shall be accepted and, if accepted, the respective shares to be contributed by the State and town or city concerned.
(b) Private. Whenever any person, firm, or corporation offers to the State or to any town or city in Vermont services, equipment, supplies, materials, or funds by way of gift, grant, or loan, for purposes of emergency management, the State, acting through the Governor, or the political subdivision, acting through its executive officer or legislative branch, may accept the offer, and upon such acceptance, the Governor or executive officer or legislative branch of the political subdivision may authorize any officer of the State or the political subdivision, as the case may be, to receive the services, equipment, supplies, materials, or funds on behalf of the State or the political subdivision, and subject to the terms of the offer. (Amended 1985, No. 4, eff. March 9, 1985; 1989, No. 252 (Adj. Sess.), § 15; 2005, No. 209 (Adj. Sess.), § 14; 2021, No. 20, § 120.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 18. Personnel requirements and nonsubversion

§ 18. Personnel requirements and nonsubversion
No person shall be employed or associated in any capacity in any emergency management organization established under this chapter who advocates a change by force or violence in the constitutional form of the government of the United States or in this State or the overthrow of any government in the United States by force or violence, or who has been convicted of or is under indictment or information charging any subversive act against the United States. Each person who is employed by an emergency management organization established under this chapter and whose access to facilities, materials, or information requires a security clearance, as determined by the Commissioner, shall be subject to a background check and a criminal history record check. (Amended 1989, No. 252 (Adj. Sess.), § 16; 2005, No. 209 (Adj. Sess.), § 15.)
2023 Vermont Statutes › Title 20 - Internal Security and Public Safety › Chapter 1 - Emergency Management › § 19. Powers outside town of appointment

§ 19. Powers outside town of appointment
Whenever the employees of any town or city are rendering outside aid pursuant to the authority contained in this chapter, such employees shall have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the town or city in which they are normally employed. (Amended 2021, No. 105 (Adj. Sess.), § 371, eff. July 1, 2022.)