VT
Vermont House Bill H0426

Vermont 2025-2026 Regular Session

Vermont House Bill H0426 Compare Versions

Only one version of the bill is available at this time.
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11 BILL AS INTRODUCED H.426
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55 VT LEG #380552 v.2
66 H.426 1
77 Introduced by Representatives Burke of Brattleboro, Lalley of Shelburne, 2
88 Pouech of Hinesburg, Tomlinson of Winooski, Bartholomew of 3
99 Hartland, Burkhardt of South Burlington, Campbell of St. 4
1010 Johnsbury, Chapin of East Montpelier, Cole of Hartford, 5
1111 Critchlow of Colchester, Dodge of Essex, Duke of Burlington, 6
1212 Graning of Jericho, Holcombe of Norwich, Logan of 7
1313 Burlington, McGill of Bridport, Minier of South Burlington, 8
1414 Morris of Springfield, Morrow of Weston, Nelson of Derby, 9
1515 Nugent of South Burlington, Ode of Burlington, Satcowitz of 10
1616 Randolph, Sheldon of Middlebury, and White of Waitsfield 11
1717 Referred to Committee on 12
1818 Date: 13
1919 Subject: Motor vehicles; vehicle incentive programs; public transit; retail 14
2020 delivery fees; electric vehicles; eBikes; vehicle miles traveled; electric 15
2121 vehicle supply equipment; local highway aid; complete streets; 16
2222 Vermont State Standards; traffic signals; bicycles; first-time car 17
2323 buyers 18
2424 Statement of purpose of bill as introduced: This bill proposes to do the 19
2525 following: (1) appropriate funds for the Incentive Program for New Plug-in 20
2626 Electric Vehicles; the MileageSmart Incentive Program, the Replace Your 21 BILL AS INTRODUCED H.426
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3131 Ride Program, and the eBike Incentive Program; (2) provide additional State 1
3232 funding for local public transit agencies in fiscal year 2026 to ensure that 2
3333 agencies maintain the existing level of service; (3) impose a fee on retail 3
3434 deliveries that are subject to the sales and use tax; (4) require the Agency of 4
3535 Transportation to implement public outreach campaigns related to public 5
3636 transportation, active transportation, electric vehicles, idling, and safe passing 6
3737 distances; (5) direct the Agency of Transportation to enhance public-private 7
3838 partnerships promoting electric vehicles and eBikes; (6) require the Agency of 8
3939 Transportation to consider reductions in vehicle miles traveled and greenhouse 9
4040 gas emissions reductions when evaluating projects; (7) reduce the local share 10
4141 due from smaller municipalities seeking State funding for projects; (8) direct 11
4242 the Agency of Transportation to provide technical assistance to municipalities 12
4343 in relation to implementation of complete streets; (9) require the updated 13
4444 Vermont State Standards to incorporate complete streets principles and 14
4545 consideration of green infrastructure; (10) establish right-to-charge laws to 15
4646 permit property owners and tenants to install electric vehicle supply equipment 16
4747 (EVSE); (11) require EVSE that is available for public use to accept credit 17
4848 cards for payment; (12) require the Agency of Transportation to examine the 18
4949 possibility of generating revenue from utilities located in State-owned rights of 19
5050 way, to permit parking in State-owned rights of way in downtowns, and to 20
5151 identify locations for collocating EVSE and on-street parking in State-owned 21 BILL AS INTRODUCED H.426
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5656 rights of way; (13) amend the traffic-control signals a bicycle operator must 1
5757 follow; (14) provide additional funding and support for projects to improve 2
5858 resiliency of municipal highways; (15) study potential cost savings for 3
5959 education-related transportation; and (16) provide funding for first-time car 4
6060 buyer classes. 5
6161 An act relating to transportation initiatives to improve equity and 6
6262 infrastructure, increase resiliency, and reduce emissions 7
6363 It is hereby enacted by the General Assembly of the State of Vermont: 8
6464 * * * Short Title * * * 9
6565 Sec. 1. SHORT TITLE 10
6666 This act may be cited as “An Act Relating to Creating a Unified Resilient 11
6767 Transportation System” or “Curt’s Act.” 12
6868 * * * Efficient Vehicle Incentive Program Funding * * * 13
6969 Sec. 2. APPROPRIATIONS FOR VEHICLE INCENTIVE PROGRAMS 14
7070 (a) The sum of $3,000,000.00 is appropriated from the General Fund to the 15
7171 Agency of Transportation in fiscal year 2026 for the purpose of funding the 16
7272 MileageSmart Program established pursuant to 19 V.S.A. § 2902. 17
7373 (b) The sum of $6,000,000.00 is appropriated from the General Fund to the 18
7474 Agency of Transportation in fiscal year 2026 for the purpose of funding the 19 BILL AS INTRODUCED H.426
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7979 Incentive Program for New Plug-In Electric Vehicles established pursuant to 1
8080 19 V.S.A. § 2901. 2
8181 (c) The sum of $1,000,000.00 is appropriated from the General Fund to the 3
8282 Agency of Transportation in fiscal year 2026 for the purpose of funding the 4
8383 Replace Your Ride program established pursuant to 19 V.S.A. § 2904. 5
8484 (d) The sum of $150,000.00 is appropriated from the General Fund to the 6
8585 Agency of Transportation in fiscal year 2026 for the purpose of funding the 7
8686 eBike Incentive Program established pursuant to 2021 Acts and Resolves No. 8
8787 55, Sec. 28, as amended by 2022 Acts and Resolves No. 184, Sec. 23. 9
8888 Sec. 3. ONE-TIME PUBLIC TRANSIT MONIES 10
8989 (a) Project addition. The following project is added to the Agency of 11
9090 Transportation’s Proposed Fiscal Year 2026 Transportation Program: 12
9191 Increased One-Time Monies for Public Transit for Fiscal Year 2026. 13
9292 (b) Authorization. Spending authority for Increased One-Time Monies for 14
9393 Public Transit for Fiscal Year 2025 is authorized as follows: 15
9494 FY25 As Proposed As Amended Change 16
9595 Other $0.00 $2,844,991.00 $2,844,991.00 17
9696 Total $0.00 $2,844,991.00 $2,844,991.00 18
9797 Sources of funds 19
9898 State $0.00 $2,844,991.00 $2,844,991.00 20
9999 Total $0.00 $2,844,991.00 $2,844,991.00 21 BILL AS INTRODUCED H.426
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104104 (c) Federal monies. The Agency of Transportation shall utilize available 1
105105 federal monies in lieu of the authorization in subsection (b) of this section to 2
106106 the greatest extent practicable, provided that there is no negative impact on any 3
107107 local public transit providers. 4
108108 (d) Implementation. The Agency shall distribute the authorization in 5
109109 subsection (b) of this section to local transit agencies as one-time bridge 6
110110 funding for fiscal year 2026 to ensure that local transit agencies are able to 7
111111 maintain the existing level of service and make planned capital investments in 8
112112 fiscal year 2026. 9
113113 * * * Retail Delivery Fee * * * 10
114114 Sec. 4. 23 V.S.A. chapter 26 is added to read: 11
115115 CHAPTER 26. RETAIL DELIVERY FEE 12
116116 § 2551. DEFINITIONS 13
117117 As used in this chapter: 14
118118 (1) “Commissioner” means the Commissioner of Taxes. 15
119119 (2) “Persons required to collect tax” has the same meaning as in 16
120120 32 V.S.A. § 9701. 17
121121 (3) “Retail delivery” means a delivery of tangible personal property to a 18
122122 person located in Vermont as part of a retail sale by a vendor. Retail delivery 19
123123 does not include pickup of tangible personal property at a vendor’s place of 20
124124 business, including curbside pickup. 21 BILL AS INTRODUCED H.426
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129129 (4) “Tangible personal property” has the same meaning as in 32 V.S.A. 1
130130 § 9701, except that it shall not include electricity, water, gas, steam, and 2
131131 prewritten computer software. 3
132132 (5) “Vendor” has the same meaning as in 32 V.S.A. § 9701. 4
133133 § 2552. FEE ON RETAIL DELIVERIES 5
134134 (a)(1) All retail deliveries by persons required to collect tax pursuant to 6
135135 32 V.S.A. chapter 233 shall be subject to a delivery fee of $0.30. 7
136136 (2) A vendor may elect to collect the fee imposed pursuant to this 8
137137 section from the purchaser. 9
138138 (3) For purposes of 32 V.S.A. chapter 233, the delivery fee imposed 10
139139 pursuant to this section shall not be included in the sales price of the tangible 11
140140 personal property sold as part of a retail sale and shall be separately stated on 12
141141 any invoice, bill or sale, or similar document given to the purchaser. 13
142142 (b) If the vendor collects the delivery fee from the purchaser, the delivery 14
143143 fee must be charged in addition to any other delivery fee. 15
144144 (c) The delivery fee imposed pursuant to this section shall only be charged 16
145145 once per retail transaction regardless of the number of: 17
146146 (1) items of tangible personal property purchased; or 18
147147 (2) shipments needed to deliver the items of tangible personal property 19
148148 purchased. 20 BILL AS INTRODUCED H.426
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153153 (d)(1) The delivery fee imposed pursuant to this section shall be 1
154154 nonrefundable if any or all items of tangible personal property that were 2
155155 purchased are returned to the vendor or the vendor provides a refund or credit 3
156156 in an amount that is equal to or less than the purchase price of the items. 4
157157 (2) The delivery fee imposed pursuant to this section shall be refunded 5
158158 to the purchaser if the retail delivery is canceled by the purchaser, vendor, or 6
159159 the delivery provider. 7
160160 § 2553. RETURNS; PAYMENT OF RETAIL DELIVERY FEES 8
161161 (a) A vendor shall report the amount of fees collected on a return 9
162162 prescribed by the Commissioner. The return shall include any other 10
163163 information that the Commissioner deems necessary for the administration of 11
164164 this chapter. 12
165165 (b) Returns required pursuant to this section shall be submitted to the 13
166166 Commissioner on the same schedule as the vendor is required to submit sales 14
167167 tax returns pursuant to 32 V.S.A. § 9775. 15
168168 (c) All fees collected by a vendor for the time period covered by a return 16
169169 shall be remitted to the Commissioner at the same time the vendor submits the 17
170170 return. 18 BILL AS INTRODUCED H.426
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175175 § 2554. ADMINISTRATION; OVERPAYMENTS; REFUNDS; 1
176176 ENFORCEMENT; PENALTIES 2
177177 The provisions of 32 V.S.A. chapter 233 relating to administration, refunds 3
178178 of overpayments, enforcement, penalties, and appeals shall apply to this 4
179179 chapter. 5
180180 § 2555. DEPOSIT AND USE OF FEES 6
181181 Retail delivery fees collected pursuant to this chapter shall be deposited into 7
182182 the Transportation Fund and used to support the provision of Town Highway 8
183183 Aid pursuant to 19 V.S.A. § 306(a). 9
184184 Sec. 5. 19 V.S.A. § 306 is amended to read: 10
185185 § 306. APPROPRIATION; STATE AID FOR TOWN HIGHWAYS 11
186186 (a) General State aid to town highways. 12
187187 (1) An annual appropriation to class 1, 2, and 3 town highways shall be 13
188188 made. This appropriation shall increase over the previous fiscal year’s 14
189189 appropriation pursuant to this subdivision by the same percentage change as 15
190190 the following, whichever is less, or shall remain at the previous fiscal year’s 16
191191 appropriation pursuant to this subdivision if either of the following are 17
192192 negative or zero: 18
193193 * * * 19
194194 (3) In addition to the amounts appropriated pursuant to subdivision (1) 20
195195 of this subsection, the total amount of retail delivery fees collected pursuant to 21 BILL AS INTRODUCED H.426
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200200 chapter 26 of this title for the prior fiscal year shall be included in the amount 1
201201 appropriated pursuant to this subsection but shall not be counted for purposes 2
202202 of determining the amount by which the amounts appropriated pursuant to 3
203203 subdivision (1) shall increase each fiscal year. 4
204204 (4) The funds appropriated shall be distributed to towns as follows: 5
205205 * * * 6
206206 * * * Transit; Active Transportation; Electric Vehicles; Idling; Safe Passing; 7
207207 Outreach * * * 8
208208 Sec. 6. PUBLIC TRANSPORTATION; ACTIVE TRANSPORTATION; 9
209209 ELECTRIC VEHICLES; IDLING; SAFE PASSING; OUTREACH 10
210210 (a) On or before January 1, 2026, the Agency of Transportation, in 11
211211 consultation with the Departments of Environmental Conservation and of 12
212212 Public Safety and with Drive Electric Vermont, shall implement public 13
213213 outreach campaigns related to public transportation, active transportation, 14
214214 electric vehicles, idling, and safe passing distances. 15
215215 (b) The public outreach campaigns shall include, at a minimum, 16
216216 information related to: 17
217217 (1) for the public outreach campaign related to public transportation: 18
218218 (A) ways to access public transportation; 19
219219 (B) modes of public transportation available; and 20 BILL AS INTRODUCED H.426
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224224 (C) economic and environmental benefits of utilizing public 1
225225 transportation; 2
226226 (2) for the public outreach campaign related to active transportation: 3
227227 (A) forms of active transportation; 4
228228 (B) methods for utilizing active transportation for commuting and 5
229229 running errands; 6
230230 (C) infrastructure and public amenities that are available to facilitate 7
231231 active transportation; and 8
232232 (D) economic, environmental, and health benefits of utilizing active 9
233233 transportation; 10
234234 (3) for the public outreach campaign related to electric vehicles: 11
235235 (A) incentive programs for the purchase of electric vehicles and the 12
236236 installation of electrical vehicle supply equipment that are available through 13
237237 the State, the federal government, and utilities; and 14
238238 (B) economic and environmental benefits of utilizing an electric 15
239239 vehicle for transportation in place of a vehicle with an internal combustion 16
240240 engine; 17
241241 (4) for the public outreach campaign related to idling: 18
242242 (A) the instances when idling violates Vermont law; 19
243243 (B) the impact of idling on the environment and health; 20 BILL AS INTRODUCED H.426
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248248 (C) the estimated amount of fuel that is wasted each year because of 1
249249 motor vehicles idling in Vermont and the estimated cost of the wasted fuel; 2
250250 (D) the estimated savings in fuel and fuel costs that would result from 3
251251 reducing idling by just one minute per day; and 4
252252 (E) the estimated reduction in greenhouse gas emissions and air 5
253253 pollution that would result from reducing idling by just one minute per day; 6
254254 and 7
255255 (5) for the public outreach campaign related to safe passing distances: 8
256256 (A) the requirement in Vermont law to reduce speed and provide at 9
257257 least four feet of space to vulnerable users when passing; and 10
258258 (B) information on the potential to reduce accidents, injuries, and 11
259259 fatalities by following Vermont’s law relating to motor vehicles passing 12
260260 vulnerable users. 13
261261 (c) The public outreach campaigns required pursuant to this section shall 14
262262 disseminate information through email; dedicated web pages that are linked 15
263263 through the websites for the Departments of Motor Vehicles, of Environmental 16
264264 Conservation, and of Public Safety; social media platforms; community 17
265265 posting websites; radio; television; and printed written materials. 18 BILL AS INTRODUCED H.426
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270270 * * * Expansion of PEV and eBike Market * * * 1
271271 Sec. 7. EXPANSION OF PEV AND EBIKE MARKET 2
272272 (a)(1) To the extent that federal or State funds are appropriated to support 3
273273 the provision of incentives for the purchase of PEVs or the installation of 4
274274 electric vehicle supply equipment (EVSE), the Agency of Transportation shall 5
275275 renew its contract with Drive Electric Vermont for fiscal year 2026. 6
276276 (2) In the event that federal or State funds are not appropriated as 7
277277 described in subdivision (1) of this subsection, to the extent that funds are 8
278278 available, the Agency of Transportation shall consider contracting with Drive 9
279279 Electric Vermont to provide educational and outreach services related to the 10
280280 successful ownership and operation of PEVs. 11
281281 (b) The sum of $12,000.00 is appropriated from the General Fund to the 12
282282 Agency of Transportation in fiscal year 2026 to enter into and expand public-13
283283 private partnerships with Vermont organizations promoting the use of eBikes 14
284284 for transportation. 15
285285 * * * Consideration of Vehicle Miles Traveled in Project Planning * * * 16
286286 Sec. 8. 19 V.S.A. § 1 is amended to read: 17
287287 § 1. DEFINITIONS 18
288288 As used in this title: 19
289289 * * * 20 BILL AS INTRODUCED H.426
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294294 (26) “Vehicle miles traveled” means the estimated sum of the miles 1
295295 traveled by all motor vehicle trips within a specific area during a calendar year. 2
296296 Sec. 9. 19 V.S.A. § 10b is amended to read: 3
297297 § 10b. STATEMENT OF POLICY; GENERAL 4
298298 (a) The Agency shall be the responsible agency of the State for the 5
299299 development of transportation policy. It shall develop a mission statement to 6
300300 reflect: 7
301301 (1) that State transportation policy shall be to encompass, coordinate, 8
302302 and integrate all modes of transportation and to consider complete streets, as 9
303303 defined in section 2401 of this title, principles; and 10
304304 (2) the need for transportation projects that will improve the State’s 11
305305 economic infrastructure, as well as the use of; resources in efficient, 12
306306 coordinated, integrated, cost-effective, and environmentally sound ways,; 13
307307 reduce vehicle miles traveled within the State; and that will be consistent with 14
308308 the recommendations of the Comprehensive Energy Plan (CEP) issued under 15
309309 30 V.S.A. § 202b. 16
310310 * * * 17
311311 (c) In developing the State’s annual Transportation Program, the Agency 18
312312 shall, consistent with the planning goals listed in 24 V.S.A. § 4302 and with 19
313313 appropriate consideration to local, regional, and State agency plans: 20 BILL AS INTRODUCED H.426
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318318 (1) develop or incorporate designs that provide integrated, safe, and 1
319319 efficient transportation; that reduce vehicle miles traveled in the State; and that 2
320320 are consistent with the recommendations of the CEP; 3
321321 * * * 4
322322 (d) The Agency of Transportation, in developing each of the program 5
323323 prioritization systems schedules for all modes of transportation, shall include 6
324324 the following throughout the process: 7
325325 * * * 8
326326 (2) Each year, the Agency shall provide in the front of the 9
327327 Transportation Program book a detailed explanation describing the factors in 10
328328 the prioritization system that creates each project list, which shall include a 11
329329 reduction in vehicle miles traveled in the State. 12
330330 Sec. 10. 19 V.S.A. § 10c is amended to read: 13
331331 § 10c. STATEMENT OF POLICY; HIGHWAYS AND BRIDGES 14
332332 * * * 15
333333 (c) In choosing between the improvement of an existing highway and 16
334334 complete reconstruction, the Agency shall weigh the following factors: 17
335335 * * * 18
336336 (9) the impact on the historic, scenic, and aesthetic values of the 19
337337 municipality, as interpreted by the municipality, in which the highway is 20
338338 located; and 21 BILL AS INTRODUCED H.426
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343343 (10) if it is a forest highway under federal jurisdiction; and 1
344344 (11) opportunities to reduce vehicle miles traveled or otherwise reduce 2
345345 greenhouse gas emissions related to the highway. 3
346346 * * * 4
347347 (k) It shall be the policy of the State to develop plans for the improvement 5
348348 and reconstruction of highways and bridges in a manner that reduces vehicle 6
349349 miles traveled or otherwise reduces greenhouse gas emissions related to the 7
350350 highway or bridge. 8
351351 Sec. 11. 19 V.S.A. § 10i is amended to read: 9
352352 § 10i. TRANSPORTATION PLANNING PROCESS 10
353353 * * * 11
354354 (c) Transportation Program. The Transportation Program shall be 12
355355 developed in a fiscally responsible manner to accomplish the following 13
356356 objectives: 14
357357 * * * 15
358358 (3) strengthening the economy, protecting the quality of the natural 16
359359 environment, and improving Vermonters’ quality of life; and 17
360360 (4) achieving the recommendations of the CEP; and 18
361361 (5) reducing vehicle miles traveled or otherwise reducing greenhouse 19
362362 gas emissions. 20
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368368 * * * Increased Highway Funding for Rural Towns * * * 1
369369 Sec. 12. 19 V.S.A. § 306 is amended to read: 2
370370 § 306. APPROPRIATION; STATE AID FOR TOWN HIGHWAYS 3
371371 * * * 4
372372 (d) State aid for nonfederal disasters. 5
373373 (1) There shall be an annual appropriation for emergency aid in 6
374374 repairing, building, or reconstructing class 1, 2, or 3 town highways and for 7
375375 repairing or replacing drainage structures including bridges on class 1, 2, 3, 8
376376 and 4 town highways damaged by natural or man-made disasters. Eligibility 9
377377 for use of emergency aid under this appropriation shall be subject to the 10
378378 following criteria: 11
379379 (1)(A) The Secretary of Transportation shall determine that the disaster 12
380380 is of such magnitude that State aid is both reasonable and necessary to preserve 13
381381 the public good. If total cumulative damages to town highways and drainage 14
382382 structures are less than the value of 10 percent of the town’s overall total 15
383383 highway budget excluding the town’s winter maintenance budget, the disaster 16
384384 shall not qualify for assistance under this subsection. 17
385385 (2)(B) The disaster shall not qualify for major disaster assistance from 18
386386 the Federal Emergency Management Agency (FEMA) under the Robert T. 19
387387 Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121 et 20 BILL AS INTRODUCED H.426
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392392 seq., or from the Federal Highway Administration (FHWA) under the 23 1
393393 C.F.R. Part 668 Emergency Relief Program for federal-aid highways. 2
394394 (C) Additional criteria established by the Secretary through 3
395395 rulemaking under 3 V.S.A. chapter 25. 4
396396 (3)(2)(A) Towns Except as otherwise provided in subdivision (B) of this 5
397397 subdivision (d)(2), towns shall be eligible for reimbursement for repair or 6
398398 replacement costs of either up to 90 percent of the eligible repair or 7
399399 replacement costs or the eligible repair or replacement costs, minus an amount 8
400400 equal to 10 percent of the overall total highway budget, minus the town’s 9
401401 winter maintenance budget, whichever is greater. 10
402402 (B) Rural towns, as that term is defined in 24 V.S.A. § 4303, shall be 11
403403 eligible for reimbursement for repair or replacement costs of either up to 95 12
404404 percent of the eligible repair or replacement costs or the eligible repair or 13
405405 replacement costs, minus an amount equal to five percent of the overall total 14
406406 highway budget, minus the rural town’s winter maintenance budget, whichever 15
407407 is greater. 16
408408 (4)(3) For towns that have adopted road and bridge standards, eligibility 17
409409 for reimbursement for repair or replacement of infrastructure shall be to those 18
410410 standards. For towns that have not adopted these standards, eligibility for 19
411411 reimbursement for repair or replacement of infrastructure shall be limited to 20
412412 the specifications of the infrastructure that preexisted the emergency event; 21 BILL AS INTRODUCED H.426
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417417 however, the repair or replacement shall be to standards approved by the 1
418418 Agency of Transportation. 2
419419 (5)(4) For a drainage structure on a class 4 town highway to be eligible 3
420420 for repair or replacement under this subsection, the town must document that it 4
421421 maintained the structure prior to the nonfederal disaster. 5
422422 (6) Such additional criteria as may be adopted by the Agency of 6
423423 Transportation through rulemaking under 3 V.S.A. chapter 25. 7
424424 * * * 8
425425 (f) State aid for federal disasters. 9
426426 (1) Towns receiving assistance under the Federal Highway 10
427427 Administration’s Emergency Relief Program for federal-aid highways shall be 11
428428 eligible for State aid when a nonfederal match is required. Eligibility for aid 12
429429 under this subsection shall be subject to the following criteria: 13
430430 (A)(i) Towns Except as otherwise provided in subdivision (ii) of this 14
431431 subdivision (f)(1)(A), towns shall be responsible for up to not more than 10 15
432432 percent of the total eligible project costs. 16
433433 (ii) Rural towns, as that term is defined pursuant to 24 V.S.A. 17
434434 § 4303, shall be responsible for not more than five percent of the total eligible 18
435435 project costs. 19
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441441 (C) Such additional Additional criteria as may be adopted established 1
442442 by the Agency Secretary through rulemaking under 3 V.S.A. chapter 25. 2
443443 * * * 3
444444 (i) Municipal Mitigation Assistance Program. 4
445445 (1) The Agency shall administer the Municipal Mitigation Assistance 5
446446 Program. Through the Program, the Agency shall provide assistance and 6
447447 grants to municipalities for environmental mitigation projects related to 7
448448 stormwater and highways and for the establishment and operation of 8
449449 stormwater utilities. Municipalities 9
450450 (2)(A) Except as otherwise provided pursuant to subdivisions (B) and 10
451451 (C) of this subdivision (i)(2), municipalities shall match grants with local funds 11
452452 sufficient to cover 20 percent of the project costs, except that the. 12
453453 (B) Rural towns, as that term is defined pursuant to 24 V.S.A. 13
454454 § 4303, shall match grants with local funds sufficient to cover 10 percent of the 14
455455 project costs. 15
456456 (C) Notwithstanding subdivisions (A) and (B) of this subdivision 16
457457 (i)(2), the Agency may issue grants for the establishment or operation of 17
458458 stormwater utilities without requiring a local match. 18
459459 (3) From the operating expenses appropriated for the Program, the 19
460460 Agency is authorized to pay costs billed to the Agency by municipal 20
461461 stormwater utilities. 21 BILL AS INTRODUCED H.426
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466466 * * * 1
467467 (k) As used in this section, “town” includes a “rural town” as defined 2
468468 pursuant to 24 V.S.A. § 4303 unless otherwise expressly provided. 3
469469 Sec. 13. 19 V.S.A. § 309a is amended to read: 4
470470 § 309a. LOCAL HIGHWAY WORK UNIFORM LOCAL SHARE; 5
471471 EXCEPTIONS 6
472472 (a) Except as provided in subsection (b) or (c) of this section or in sections 7
473473 309b and 309c of this title, in any case of highway or bridge construction in 8
474474 which a federal/State/local or State/local funding match is authorized, the 9
475475 municipality’s share shall be ten percent of the project costs. 10
476476 (b) This The provisions of subsection (a) of this section shall not apply to: 11
477477 * * * 12
478478 (6) any project where, by the mutual agreement of the municipality and 13
479479 Agency, rehabilitation of an existing bridge is the preferred alternative, in 14
480480 which case the Agency shall use the appropriate combination of State and 15
481481 federal funding to pay either 95 percent of the cost of rehabilitation, or 97.5 16
482482 percent if the municipality closes the bridge and does not construct a 17
483483 temporary bridge for the duration of the project; or 18
484484 (7) any project or portion of a project involving a structure that is part of 19
485485 the Historic Bridge Program, where the Agency shall use the appropriate 20 BILL AS INTRODUCED H.426
486486 2025 Page 21 of 45
487487
488488
489489 VT LEG #380552 v.2
490490 combination of State and federal funding to pay 100 percent of the cost of 1
491491 rehabilitation; or 2
492492 (8) any project in a rural town, as that term is defined pursuant to 3
493493 24 V.S.A. § 4303, in which case the municipal share shall be 2.5 percent of the 4
494494 project costs or a lesser amount authorized by statute or the General Assembly. 5
495495 * * * 6
496496 Sec. 14. 19 V.S.A. § 309b is amended to read: 7
497497 § 309b. LOCAL MATCH; CERTAIN TOWN HIGHWAY PROGRAMS 8
498498 (a)(1) Notwithstanding subsection 309a(a) of this title and except as 9
499499 provided in subdivision (2) of this subsection, grants provided to towns under 10
500500 the Town Highway Structures Program shall be matched by local funds 11
501501 sufficient to cover 20 percent of the project costs, unless the town has adopted 12
502502 road and bridge standards, has completed a network inventory, and has 13
503503 submitted an annual certification of compliance for town road and bridge 14
504504 standards to the Secretary, in which event the local match shall be sufficient to 15
505505 cover 10 percent of the project costs. 16
506506 (2) Grants provided to rural towns, as that term is defined pursuant to 17
507507 24 V.S.A. § 4303, under the Town Highway Structures Program shall be 18
508508 matched by local funds sufficient to cover 10 percent of the project costs, 19
509509 unless the rural town has adopted road and bridge standards, has completed a 20
510510 network inventory, and has submitted an annual certification of compliance for 21 BILL AS INTRODUCED H.426
511511 2025 Page 22 of 45
512512
513513
514514 VT LEG #380552 v.2
515515 town road and bridge standards to the Secretary, in which event the local 1
516516 match shall be sufficient to cover 5 percent of the project costs. 2
517517 (3) The Secretary may adopt rules to implement the Town Highway 3
518518 Structures Program. Town highway structures projects receiving funds 4
519519 pursuant to this subsection shall be the responsibility of the applicant 5
520520 municipality. 6
521521 (b)(1) Notwithstanding subsection 309a(a) of this title and except as 7
522522 provided pursuant to subdivision (2) of this subsection, grants provided to 8
523523 towns under the Class 2 Town Highway Roadway Program shall be matched 9
524524 by local funds sufficient to cover 30 percent of the project costs, unless the 10
525525 town has adopted road and bridge standards, has completed a network 11
526526 inventory, and has submitted an annual certification of compliance for town 12
527527 road and bridge standards to the Secretary, in which event the local match shall 13
528528 be sufficient to cover 20 percent of the project costs. 14
529529 (2) Grants provided to rural towns, as that term is defined pursuant to 15
530530 24 V.S.A. § 4303, under the Class 2 Town Highway Roadway Program shall 16
531531 be matched by local funds sufficient to cover 15 percent of the project costs, 17
532532 unless the rural town has adopted road and bridge standards, has completed a 18
533533 network inventory, and has submitted an annual certification of compliance for 19
534534 town road and bridge standards to the Secretary, in which event the local 20
535535 match shall be sufficient to cover 10 percent of the project costs. 21 BILL AS INTRODUCED H.426
536536 2025 Page 23 of 45
537537
538538
539539 VT LEG #380552 v.2
540540 (3) The Secretary may adopt rules to implement the Class 2 Town 1
541541 Highway Roadway Program. Class 2 town highway roadway projects 2
542542 receiving funds pursuant to this subsection shall be the responsibility of the 3
543543 applicant municipality, and a municipality shall not receive a grant in excess of 4
544544 $200,000.00. 5
545545 * * * 6
546546 * * * Complete Streets * * * 7
547547 Sec. 15. 19 V.S.A. § 2405 is added to read: 8
548548 § 2405. TECHNICAL ASSISTANCE FOR MUNICIPALITIES 9
549549 The Agency shall provide technical and planning assistance to 10
550550 municipalities to assist with the incorporation of complete streets principles 11
551551 into municipal projects and compliance with the provisions of this chapter. 12
552552 Sec. 16. 2024 Acts and Resolves No. 148, Sec. 31 is amended to read: 13
553553 Sec. 31. REPLACEMENT FOR THE VERMONT STATE DESIGN 14
554554 STANDARDS 15
555555 * * * 16
556556 (c) The Agency of Transportation shall ensure that the replacement for the 17
557557 Vermont State Design Standards incorporates provisions addressing the 18
558558 following: 19 BILL AS INTRODUCED H.426
559559 2025 Page 24 of 45
560560
561561
562562 VT LEG #380552 v.2
563563 (1) prioritization of reducing vehicle miles traveled in downtown and 1
564564 village centers identified by a regional planning commission pursuant to 2
565565 24 V.S.A. § 4348a; 3
566566 (2) alignment of eligible transportation improvements with future land 4
567567 use in downtown and village centers identified by a regional planning 5
568568 commission pursuant to 24 V.S.A. § 4348a through the use of transect maps; 6
569569 (3) context sensitive design standards for downtown and village centers 7
570570 identified by a regional planning commission pursuant to 24 V.S.A. § 4348a to 8
571571 ensure that: 9
572572 (A) standards are compatible with the existing size of the community 10
573573 and intensity of activity within the community as well as the settlement scale 11
574574 for the community depicted on future land use maps; 12
575575 (B) investments are directed to the development of a comprehensive 13
576576 pedestrian network consistent with existing and future land use; and 14
577577 (C) design engineering standards provide for ease of understanding 15
578578 and implementation of: 16
579579 (i) narrowed travel lanes; 17
580580 (ii) slow zones for motor vehicle traffic; 18
581581 (iii) crosswalks; 19
582582 (iv) enhanced shoulders to accommodate travel by bicycles or 20
583583 pedestrians, or both; 21 BILL AS INTRODUCED H.426
584584 2025 Page 25 of 45
585585
586586
587587 VT LEG #380552 v.2
588588 (v) sidewalks; and 1
589589 (vi) public transit services; 2
590590 (4) identification of standards for reducing vehicle travel lane widths 3
591591 and other traffic calming methods that can be incorporated by regional 4
592592 planning commissions into downtown and village centers identified pursuant 5
593593 to 24 V.S.A. § 4348a; 6
594594 (5) requirements that reconstructed bridges and upsized culverts within 7
595595 downtown and village centers identified pursuant to 24 V.S.A. § 4348a shall 8
596596 incorporate pedestrian facilities; and 9
597597 (6) consideration of guidance from the Department of Forests, Parks and 10
598598 Recreation’s Vermont Urban and Community Forestry Program Green Streets 11
599599 Guide into the design of State highways in downtown and village centers. 12
600600 * * * National Historic Preservation Act Review; Report * * * 13
601601 Sec. 17. AMENDMENTS TO AGREEMENT RELATED TO REVIEW 14
602602 UNDER THE NATIONAL HISTORIC PRESERVATION ACT 15
603603 (a) The Agency of Transportation, in consultation with the Vermont State 16
604604 Historic Preservation Officer and the Advisory Council on Historic 17
605605 Preservation, shall seek to amend the Programmatic Agreement Among the 18
606606 Federal Highway Administration, the Vermont State Historic Preservation 19
607607 Officer, the Advisory Council on Historic Preservation, and the Vermont 20
608608 Agency of Transportation Regarding the Federal-Aid Highway Program in 21 BILL AS INTRODUCED H.426
609609 2025 Page 26 of 45
610610
611611
612612 VT LEG #380552 v.2
613613 Vermont to categorize the creation of new bicycle and pedestrian facilities as 1
614614 either exempt activities, listed in Appendix A, or screened activities, listed in 2
615615 Appendix B. 3
616616 (b) The Agency of Transportation shall provide a written update on its 4
617617 efforts pursuant to subsection (a) of this section to the House and Senate 5
618618 Committees on Transportation not later than November 15, 2025. 6
619619 * * * Local Speed Limits * * * 7
620620 Sec. 18. 23 V.S.A. § 1007 is amended to read: 8
621621 § 1007. LOCAL SPEED LIMITS 9
622622 (a)(1) The legislative body of a municipality may establish, on the basis of 10
623623 an engineering and traffic investigation, a speed limit on all or a part of any 11
624624 city, town, or village highway within its jurisdiction, which: 12
625625 (A) is not more than 50 miles per hour; however, after considering 13
626626 neighborhood character, abutting land use, bicycle and pedestrian use, and 14
627627 physical characteristics of the highways, the legislative body of a municipality 15
628628 may vote to set the maximum speed limit, without an engineering and traffic 16
629629 investigation, at is not more than 50 miles per hour nor less than 35 miles per 17
630630 hour, on all or a portion of unpaved town highways within its boundaries, 18
631631 unless otherwise posted in accordance with the provisions of this section; or 19
632632 (B) is not less than 25 miles per hour. 20
633633 * * * 21 BILL AS INTRODUCED H.426
634634 2025 Page 27 of 45
635635
636636
637637 VT LEG #380552 v.2
638638 (b) The legislative body of a city may establish, on the basis of an 1
639639 engineering and traffic investigation, a speed limit on all or a part of any State 2
640640 highway, other than a limited access highway, within its jurisdiction, which: 3
641641 (1) that is not more than 50 miles per hour; or 4
642642 (2) is not nor less than 25 miles per hour. 5
643643 * * * 6
644644 (e) Lack of evidence of a traffic and engineering study will not invalidate a 7
645645 local speed limit ordinance as adopted or amended under this section after five 8
646646 years following the day on which the speed limit ordinance took effect. 9
647647 [Repealed.] 10
648648 (f) Notwithstanding the procedure outlined in this section for enacting a 11
649649 local speed limit, a town or village may adopt a local speed ordinance on a 12
650650 State highway, other than on limited access highways, provided the ordinance 13
651651 duplicates the speed limit established under section 1003 of this title. 14
652652 (g) Notwithstanding any requirements of section 1025 of this title, 15
653653 downtown development districts, village centers, and new town center 16
654654 development districts designated under 24 V.S.A. chapter 76A may have 17
655655 posted speed limits of less than 25 miles per hour. 18
656656 * * * Regional Planning Commissions * * * 19 BILL AS INTRODUCED H.426
657657 2025 Page 28 of 45
658658
659659
660660 VT LEG #380552 v.2
661661 Sec. 19. 24 V.S.A. § 4345a is amended to read: 1
662662 § 4345a. DUTIES OF REGIONAL PLANNING COMMISSIONS 2
663663 A regional planning commission created under this chapter shall: 3
664664 * * * 4
665665 (21) Coordinate regional transportation projects with affected 5
666666 municipalities to enhance transportation resilience and implementation of the 6
667667 Climate Action Plan adopted pursuant to 10 V.S.A. § 5902. 7
668668 * * * Electrical Vehicle Supply Equipment * * * 8
669669 Sec. 20. 9 V.S.A. § 4468b is added to read: 9
670670 § 4468b. ELECTRIC VEHICLE SUPPLY EQUIPMENT 10
671671 (a) As used in this section: 11
672672 (1) “Electric vehicle supply equipment (EVSE)” means a device or 12
673673 system designed and used specifically to transfer electrical energy to a plug-in 13
674674 electric vehicle. 14
675675 (2) “EVSE time-of-use (TOU) meter” means an electric meter supplied 15
676676 and installed by an electric distribution utility that is separate from, and in 16
677677 addition to, any other electric meter and is devoted exclusively to the charging 17
678678 of plug-in electric vehicles and that tracks the TOU when charging occurs. An 18
679679 EVSE TOU meter includes any wiring or conduit necessary to connect the 19
680680 meter to an EVSE, regardless of whether it is supplied or installed by an 20
681681 electric utility. 21 BILL AS INTRODUCED H.426
682682 2025 Page 29 of 45
683683
684684
685685 VT LEG #380552 v.2
686686 (b) For any rental agreement executed, extended, or renewed on and after 1
687687 January 1, 2026, a landlord shall approve a written request of a tenant to install 2
688688 EVSE at a parking space allotted for the tenant that meets the requirements of 3
689689 this section and complies with the landlord’s procedural approval process for 4
690690 modification to the property. 5
691691 (c) This section does not apply to residential rental properties where: 6
692692 (1) EVSE already exist for tenants in a ratio that is equal to or greater 7
693693 than 10 percent of the designated parking spaces; 8
694694 (2) parking is not provided as part of the lease agreement; or 9
695695 (3) there are fewer than five parking spaces. 10
696696 (d) A landlord shall not be obligated to provide an additional parking space 11
697697 to a tenant in order to accommodate EVSE. 12
698698 (e) If the EVSE has the effect of providing the tenant with a reserved 13
699699 parking space, the landlord may charge a monthly rental amount for that 14
700700 parking space. 15
701701 (f) The EVSE or EVSE TOU meter, or both, and all modifications and 16
702702 improvements to the property shall comply with federal, State, and local law, 17
703703 and all applicable zoning requirements, land use requirements, and covenants, 18
704704 conditions, and restrictions. 19 BILL AS INTRODUCED H.426
705705 2025 Page 30 of 45
706706
707707
708708 VT LEG #380552 v.2
709709 (g) A tenant’s written request to make a modification to the property in 1
710710 order to install and use EVSE shall include the tenant’s consent to enter into a 2
711711 written agreement that includes the following: 3
712712 (1) Compliance with the landlord’s requirements for the installation, 4
713713 use, maintenance, and removal of the EVSE or both the EVSE and EVSE TOU 5
714714 meter and installation, use, and maintenance of the infrastructure for the EVSE 6
715715 or both the EVSE and EVSE TOU meter. 7
716716 (2) Compliance with the landlord’s requirements for the tenant to 8
717717 provide a complete financial analysis and scope of work regarding the 9
718718 installation of the EVSE or both the EVSE and EVSE TOU meter and its 10
719719 infrastructure. 11
720720 (3) Obligation of the tenant to pay the landlord all costs associated with 12
721721 the landlord’s installation of the EVSE or both the EVSE and EVSE TOU 13
722722 meter and related infrastructure prior to any modification or improvement 14
723723 being made to the leased property. The costs associated with modifications 15
724724 and improvements shall include the cost of permits, supervision, construction, 16
725725 and, solely if required by the contractor and consistent with its past 17
726726 performance of work for the landlord, performance bonds. 18
727727 (4) Obligation of the tenant to pay as part of rent for the costs associated 19
728728 with the electrical usage, whether or not through an EVSE TOU meter, of the 20
729729 EVSE; and costs for damage, maintenance, repair, removal, and replacement 21 BILL AS INTRODUCED H.426
730730 2025 Page 31 of 45
731731
732732
733733 VT LEG #380552 v.2
734734 of the EVSE or both the EVSE and EVSE TOU meter; and modifications or 1
735735 improvements made to the property associated with the EVSE or both the 2
736736 EVSE and EVSE TOU meter. 3
737737 (h) The tenant and each successor tenant shall obtain personal liability 4
738738 coverage in an amount not to exceed 10 times the annual rent charged for the 5
739739 dwelling unit covering property damage and personal injury proximately 6
740740 caused by the installation or operation of the EVSE or both the EVSE and 7
741741 EVSE TOU meter. The policy shall be maintained in full force and effect from 8
742742 the time of installation of the EVSE or both the EVSE and EVSE TOU meter 9
743743 until the EVSE or the EVSE and EVSE TOU meter is removed or the tenant 10
744744 forfeits possession of the dwelling unit to the landlord. 11
745745 (i) Notwithstanding subsection (h) of this section, no insurance shall be 12
746746 required of a tenant installing an EVSE or both an EVSE and EVSE TOU 13
747747 meter if the following are satisfied: 14
748748 (1) the EVSE has been certified by a Nationally Recognized Testing 15
749749 Laboratory that is approved by the Occupational Safety and Health 16
750750 Administration of the U.S. Department of Labor; and 17
751751 (2) the EVSE and any associated alterations to the dwelling’s electrical 18
752752 system are performed by a licensed electrician and the EVSE TOU meter, if 19
753753 applicable, is installed by the electric distribution utility providing service. 20 BILL AS INTRODUCED H.426
754754 2025 Page 32 of 45
755755
756756
757757 VT LEG #380552 v.2
758758 (j) A landlord that intentionally violates this section shall be liable to the 1
759759 tenant or other party for actual damages and shall pay a civil penalty to the 2
760760 tenant or other party in an amount not to exceed $1,000.00. 3
761761 (k) In any action by a tenant requesting to have an EVSE installed and 4
762762 seeking to enforce compliance with this section, the prevailing plaintiff shall 5
763763 be awarded reasonable attorney’s fees. 6
764764 Sec. 21. 27A V.S.A. § 1-204 is amended to read: 7
765765 § 1-204. PREEXISTING COMMON INTEREST COMMUNITIES 8
766766 (a)(1) Unless excepted under section 1-203 of this title, the following 9
767767 sections and subdivisions of this title apply to a common interest community 10
768768 created in this State before January 1, 1999: sections 1-103, 1-105, 1-106, 1-11
769769 107, 2-103, 2-104, and 2-121, subdivisions 3-102(a)(1) through (6) and (11) 12
770770 through (16), and sections 3-111, 3-116, 3-118, 4-109, and 4-117 to the extent 13
771771 necessary to construe the applicable sections. The sections and subdivisions 14
772772 described in this subdivision apply only to events and circumstances occurring 15
773773 after December 31, 1998 and do not invalidate existing provisions of the 16
774774 declarations, bylaws, plats, or plans of those common interest communities. 17
775775 * * * 18
776776 (3) Unless excepted under section 1-203 of this title, section 3-125 of 19
777777 this title shall apply to a common interest community created in this State 20
778778 before January 1, 1999. Section 3-125 applies only to events and 21 BILL AS INTRODUCED H.426
779779 2025 Page 33 of 45
780780
781781
782782 VT LEG #380552 v.2
783783 circumstances occurring after June 30, 2025 and does not invalidate existing 1
784784 provisions of the declarations, bylaws, plats, or plans of those common interest 2
785785 communities. 3
786786 * * * 4
787787 Sec. 22. 27A V.S.A. § 3-125 is added to read: 5
788788 § 3-125. ELECTRIC VEHICLE SUPPLY EQUIPMENT 6
789789 (a) Definitions. As used in this section: 7
790790 (1) “Electric vehicle supply equipment (EVSE)” means a device or 8
791791 system designed and used specifically to transfer electrical energy to a plug-in 9
792792 electric vehicle. 10
793793 (2) “EVSE owner” means the unit owner who applies to install an EVSE 11
794794 and each successive unit owner associated with the initial application to install 12
795795 the EVSE unless there is a specific change in ownership of the EVSE, in which 13
796796 case the EVSE owner shall be the owner specified in a conveying document 14
797797 memorializing the change in ownership of the EVSE. 15
798798 (3) “EVSE time-of-use (TOU) meter” means an electric meter supplied 16
799799 and installed by an electric distribution utility that is separate from, and in 17
800800 addition to, any other electric meter and is devoted exclusively to the charging 18
801801 of plug-in electric vehicles and that tracks the TOU when charging occurs. An 19
802802 EVSE TOU meter includes any wiring or conduit necessary to connect the 20 BILL AS INTRODUCED H.426
803803 2025 Page 34 of 45
804804
805805
806806 VT LEG #380552 v.2
807807 meter to an EVSE, regardless of whether it is supplied or installed by an 1
808808 electric utility. 2
809809 (4) “Plug-in electric vehicles” has the same meaning as in 23 V.S.A. 3
810810 § 4(85). 4
811811 (5) “Reasonable restrictions” are restrictions that do not significantly 5
812812 increase the cost of the EVSE or EVSE TOU meter, or both, or significantly 6
813813 decrease the efficiency or specified performance of the EVSE or EVSE TOU 7
814814 meter, or both. 8
815815 (b) Protected uses. 9
816816 (1) Any covenant, restriction, or condition contained in any deed, 10
817817 contract, security instrument, or other instrument affecting the transfer or sale 11
818818 of any interest in a common interest community, and any provision of a 12
819819 governing document associated with a common interest community, such as a 13
820820 declaration or bylaws, that either effectively prohibits or unreasonably restricts 14
821821 the installation or use of EVSE or an EVSE TOU meter, or both, within a unit 15
822822 owner’s unit or in a designated parking space, including a deeded parking 16
823823 space, a parking space in a unit owner’s exclusive use common element, or a 17
824824 parking space that is specifically designated for use by a particular unit owner, 18
825825 or is in conflict with this section is void and unenforceable. 19
826826 (2) This subsection (b) shall not apply to provisions that impose 20
827827 reasonable restrictions on EVSE or EVSE TOU meters, or both. However, it is 21 BILL AS INTRODUCED H.426
828828 2025 Page 35 of 45
829829
830830
831831 VT LEG #380552 v.2
832832 the policy of the State to promote, encourage, and remove obstacles to the use 1
833833 of plug-in electric vehicles, including access to EVSE at home. 2
834834 (3) The EVSE or EVSE TOU meter, or both, and all modifications and 3
835835 improvements to the common interest community shall comply with federal, 4
836836 State, and local law, and all applicable zoning requirements, land use 5
837837 requirements, and covenants, conditions, and restrictions. 6
838838 (4) If approval is required for the installation or use of EVSE or EVSE 7
839839 TOU meters, or both, the application for approval shall be processed and 8
840840 approved by the association in the same manner as an application for approval 9
841841 of an architectural modification to the common interest community and shall 10
842842 not be intentionally avoided or delayed. The approval or denial of an 11
843843 application shall be in writing. If an application is not denied in writing within 12
844844 60 days from the date of receipt of the application, the application shall be 13
845845 deemed approved, unless that delay is the result of a reasonable request for 14
846846 additional information. 15
847847 (5) If the EVSE or EVSE TOU meter, or both, is to be placed in a 16
848848 common element or a limited common element, as designated in the common 17
849849 interest community’s declaration, the following provisions apply: 18
850850 (A) The unit owner first shall obtain approval from the association to 19
851851 install the EVSE or EVSE TOU meter, or both, and the association shall 20 BILL AS INTRODUCED H.426
852852 2025 Page 36 of 45
853853
854854
855855 VT LEG #380552 v.2
856856 approve the installation if the unit owner agrees in writing to do all of the 1
857857 following: 2
858858 (i) comply with the association’s architectural standards for the 3
859859 installation of the EVSE or EVSE TOU meter, or both; 4
860860 (ii) engage a licensed contractor to install the EVSE and, if 5
861861 necessary, to install wiring or conduit necessary to connect the EVSE to an 6
862862 EVSE TOU meter; 7
863863 (iii) engage the electric distribution utility providing service to 8
864864 install the EVSE TOU meter, if applicable; 9
865865 (iv) provide a certificate of insurance that names the association as 10
866866 an additional insured under the unit owner’s insurance policy within 14 days 11
867867 after approval; and 12
868868 (v) pay for both the costs associated with the installation of the 13
869869 EVSE or both the EVSE and EVSE TOU meter and the electricity usage 14
870870 associated with the EVSE. 15
871871 (B) The unit owner and each successive owner of the EVSE or both 16
872872 the EVSE and EVSE TOU meter shall be responsible for all of the following: 17
873873 (i) costs for damage to the EVSE or EVSE TOU meter, or both; a 18
874874 common element; or a limited common element resulting from the installation, 19
875875 maintenance, repair, removal, or replacement of the EVSE or EVSE TOU 20
876876 meter, or both; 21 BILL AS INTRODUCED H.426
877877 2025 Page 37 of 45
878878
879879
880880 VT LEG #380552 v.2
881881 (ii) costs for the maintenance, repair, and replacement of the 1
882882 EVSE or EVSE TOU meter, or both, until the EVSE has been removed and for 2
883883 the restoration of the common element or limited common element after 3
884884 removal; 4
885885 (iii) cost of electricity associated with the EVSE; and 5
886886 (iv) disclosing to prospective buyers of the unit the existence of 6
887887 any EVSE or EVSE TOU meters, or both, and the related responsibilities of 7
888888 the unit owner under this section. 8
889889 (C) The owner of EVSE, whether the EVSE is located within a unit 9
890890 or within a common element or a limited common element, shall, at all times, 10
891891 maintain a liability coverage policy that names the association as an additional 11
892892 insured. The unit owner that submitted the application to install the EVSE or 12
893893 EVSE TOU meter, or both, shall provide the association with the 13
894894 corresponding certificate of insurance within 14 days following approval of the 14
895895 application. That unit owner and each successor EVSE owner shall annually 15
896896 provide the association with the certificate of insurance. 16
897897 (D) An EVSE owner shall not be required to maintain a homeowner 17
898898 liability coverage policy for an existing National Electrical Manufacturers 18
899899 Association standard alternating current power plug. 19
900900 (6) Installation of EVSE or both EVSE and an EVSE TOU meter for the 20
901901 exclusive use of a unit owner in a common element or limited common 21 BILL AS INTRODUCED H.426
902902 2025 Page 38 of 45
903903
904904
905905 VT LEG #380552 v.2
906906 element shall be authorized by the association only if installation in the unit 1
907907 owner’s unit or designated parking space is impossible or unreasonably 2
908908 expensive. In such cases, the association shall enter into a license agreement 3
909909 with the unit owner for the use of the space in a common element or limited 4
910910 common element and the unit owner shall comply with all of the requirements 5
911911 in subdivision (5) of this subsection. 6
912912 (7) The association may install EVSE or both EVSE and an EVSE TOU 7
913913 meter in the common element or limited common element for the use of all 8
914914 unit owners in the association and, in that case, the association shall develop 9
915915 appropriate terms of use for the EVSE. 10
916916 (8) Subject to subdivision (3) of this subsection, an association may 11
917917 create a new parking space where one did not previously exist to facilitate the 12
918918 installation of an EVSE. 13
919919 (9) An association that intentionally violates this subsection shall be 14
920920 liable to the applicant unit owner or other party for actual damages and shall 15
921921 pay a civil penalty to the applicant unit owner or other party in an amount not 16
922922 to exceed $1,000.00. 17
923923 (10) In any action by a unit owner requesting to have an EVSE installed 18
924924 and seeking to enforce compliance with this section, the prevailing plaintiff 19
925925 shall be awarded reasonable attorney’s fees. 20 BILL AS INTRODUCED H.426
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927927
928928
929929 VT LEG #380552 v.2
930930 Sec. 23. 19 V.S.A. § 2908 is added to read: 1
931931 § 2908. PUBLIC EVSE; REQUIRED FORMS OF PAYMENT 2
932932 All EVSE available to the public that requires payment for use shall accept 3
933933 credit cards for payment of all applicable charges and fees in addition to any 4
934934 other form of payment accepted by the EVSE. 5
935935 * * * State Rights-of-Way * * * 6
936936 Sec. 24. USE OF STATE-OWNED RIGHTS-OF-WAY; REVENUE 7
937937 GENERATION; PARKING; EVSE 8
938938 (a)(1) The Secretary of Transportation shall develop a comprehensive map 9
939939 of utilities located within State-owned rights-of-way in Vermont and determine 10
940940 whether the State is receiving compensation for the location of utilities within 11
941941 State-owned right-of-way. 12
942942 (2) The Secretary of Transportation shall develop a plan for the State to 13
943943 begin receiving compensation for the ongoing location of utilities within State-14
944944 owned rights-of-way and for increasing the amount of compensation received 15
945945 in relation to utilities located in State-owned right-of-way for which the State 16
946946 is already receiving compensation. 17
947947 (3) On or before January 15, 2026, the Secretary shall submit a written 18
948948 report detailing the Secretary’s findings pursuant to subdivision (1) of this 19
949949 subsection and plan pursuant to subdivision (2) of this subsection to the House 20 BILL AS INTRODUCED H.426
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951951
952952
953953 VT LEG #380552 v.2
954954 and Senate Committees on Transportation, the House Committee on Ways and 1
955955 Means, and the Senate Committee on Finance. 2
956956 (b)(1) The Agency of Transportation shall, if adequate space exists within a 3
957957 State-owned right-of-way that is located within a downtown and village center 4
958958 identified by the regional planning commission pursuant to 24 V.S.A. § 4348a, 5
959959 permit the creation of on-street parking within that right-of-way. 6
960960 (2) The Agency of Transportation shall identify locations for the 7
961961 colocation of electrical vehicle supply equipment and on-street parking for all 8
962962 State-owned rights-of-way that are: 9
963963 (A) located within a downtown and village center identified by a 10
964964 regional planning commission pursuant to 24 V.S.A. § 4348a; 11
965965 (B) either have existing on-street parking or are sufficiently wide to 12
966966 accommodate on-street parking; and 13
967967 (C) have three-phase power located within or adjacent to the State-14
968968 owned right-of-way. 15
969969 * * * Bicycles * * * 16
970970 Sec. 25. 23 V.S.A. § 1139 is amended to read: 17
971971 § 1139. RIDING ON ROADWAYS AND BICYCLE PATHS 18
972972 (a) A person Due care and riding on the right. An individual operating a 19
973973 bicycle upon a roadway shall exercise due care when passing a standing 20
974974 vehicle or one proceeding in the same direction. Bicyclists generally shall ride 21 BILL AS INTRODUCED H.426
975975 2025 Page 41 of 45
976976
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979979 as near to the right side of the improved area of the highway right-of-way as is 1
980980 safe, except that a bicyclist: 2
981981 (1) Shall ride to the left or in a left lane when: 3
982982 (A) preparing for a left turn at an intersection or into a private 4
983983 roadway or driveway; 5
984984 (B) approaching an intersection with a right-turn lane if not turning 6
985985 right at the intersection; or 7
986986 (C) overtaking another vulnerable user. 8
987987 (2) May ride to the left or in a left lane when taking reasonably 9
988988 necessary precautions to avoid hazards or road conditions. Examples include 10
989989 objects on the road, parked or moving vehicles, pedestrians, animals, surface 11
990990 conditions that may impair the bicyclist’s stability, or safety hazards caused by 12
991991 a narrow road or steep embankment, road geometry, or unfavorable 13
992992 atmospheric conditions. 14
993993 (b) Persons riding Riding two abreast. Individuals operating bicycles upon 15
994994 a roadway may not ride more than two abreast except on paths or parts of 16
995995 roadways set aside for the exclusive use of bicycles or except as otherwise 17
996996 permitted by the Commissioner of Public Safety in connection with a public 18
997997 sporting event in which case the Commissioner shall be authorized to adopt 19
998998 such rules as the public good requires. Persons Individuals riding two abreast 20 BILL AS INTRODUCED H.426
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10001000
10011001
10021002 VT LEG #380552 v.2
10031003 shall not impede the normal and reasonable movement of traffic and, on a 1
10041004 laned roadway, shall ride within a single lane. 2
10051005 (c) Obedience to traffic-control devices and traffic-control signals. An 3
10061006 individual operating a bicycle shall follow all traffic-control devices and 4
10071007 traffic-control signals governing motor vehicles with the following exceptions: 5
10081008 (1) Stop sign or flashing red signal. 6
10091009 (A) An individual operating a bicycle approaching a stop sign or a 7
10101010 traffic-control signal where a red lens is illuminated with rapid intermittent 8
10111011 flashes shall: 9
10121012 (i) slow down; 10
10131013 (ii) if required to avoid an immediate hazard, stop pursuant to 11
10141014 subsection 1048(b) of this title; and 12
10151015 (iii) yield the right-of-way to any vehicle in the intersection or 13
10161016 approaching on another intersecting highway so closely as to constitute an 14
10171017 immediate hazard during the time the bicyclist will be within the intersection. 15
10181018 (B) If an individual operating a bicycle meets the requirements of 16
10191019 subdivision (A) of this subdivision (c)(1), the individual may cautiously make 17
10201020 a turn or proceed through the intersection without stopping. 18
10211021 (2) Pedestrian-control devices and pedestrian-control signals. An 19
10221022 individual operating a bicycle while crossing an intersection may follow 20
10231023 pedestrian-control devices and pedestrian-control signals when present except 21 BILL AS INTRODUCED H.426
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10251025
10261026
10271027 VT LEG #380552 v.2
10281028 where otherwise indicated by traffic-control devices and traffic-control signals 1
10291029 and provided that the bicyclist shall yield to pedestrians in the crosswalk. 2
10301030 (d) Riding on a partially controlled access highway. Bicycles may be 3
10311031 operated on the shoulders of partially controlled access highways, which are 4
10321032 those highways where access is controlled by public authority but where there 5
10331033 are some connections with selected public highways, some crossings at grade, 6
10341034 and some private driveway connections. The Traffic Committee may 7
10351035 determine that any portion of these highways is unsafe and therefore closed to 8
10361036 bicycle operation. 9
10371037 * * * Municipal Resiliency Funding and Assistance * * * 10
10381038 Sec. 26. MUNICIPAL HIGHWAY AND STORMWATER MITIGATION 11
10391039 PROGRAM; ADDITIONAL FUNDING 12
10401040 The sum of $7,143,000.00 is appropriated from the Transportation Fund to 13
10411041 the Municipal Highway and Stormwater Mitigation Program in fiscal year 14
10421042 2026 to support the provision of additional grants for projects designed to 15
10431043 improve flood resiliency, including culvert resizing, culvert replacement, and 16
10441044 stormwater management. 17
10451045 * * * Education Transportation * * * 18
10461046 Sec. 27. EDUCATION TRANSPORTATION COST; STUDY; REPORT 19
10471047 (a) The Secretary of Transportation, in consultation with the Secretary of 20
10481048 Education, school districts, and supervisory unions, shall examine the actual 21 BILL AS INTRODUCED H.426
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10501050
10511051
10521052 VT LEG #380552 v.2
10531053 costs and the cost-efficiency of providing school-related transportation to 1
10541054 Vermont public school students. 2
10551055 (b) The Secretary of Transportation shall specifically examine: 3
10561056 (1) to the extent data is available, the total cost, the cost per mile, the 4
10571057 cost per passenger, and the cost per passenger mile for school-related 5
10581058 transportation on a district or supervisory union basis, as well as on a regional 6
10591059 and statewide basis; 7
10601060 (2) if data related to the information required under subdivision (1) of 8
10611061 this subsection is not available, the Secretary shall select three school districts 9
10621062 or supervisory unions that are diverse with respect to their location, size, and 10
10631063 population density and determine the total cost, the cost per mile, the cost per 11
10641064 passenger, and the cost per passenger mile of the school-related transportation 12
10651065 provided in each of the districts or supervisory unions; 13
10661066 (3) potential opportunities to utilize public transit to reduce the total 14
10671067 cost, the cost per mile, the cost per passenger, and the cost per passenger mile 15
10681068 of education-related transportation in Vermont; 16
10691069 (4) potential issues that could prevent the utilization of public transit to 17
10701070 reduce the cost of education-related transportation in Vermont, including 18
10711071 restrictions on federal funding, capital expenses, and requirements of State or 19
10721072 federal law; and 20 BILL AS INTRODUCED H.426
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10751075
10761076 VT LEG #380552 v.2
10771077 (5) anticipated advantages and disadvantages of utilizing public transit 1
10781078 to reduce the cost of education-related transportation in Vermont. 2
10791079 (c) On or before January 15, 2026, the Secretary of Transportation shall 3
10801080 submit a written report to the House and Senate Committees on Education and 4
10811081 on Transportation regarding the Secretary’s findings pursuant to subsection (b) 5
10821082 of this section and any recommendations for legislative action. 6
10831083 * * * First-Time Car Buyer Workshops * * * 7
10841084 Sec. 28. FIRST-TIME CAR BUYER WORKSHOPS 8
10851085 The sum of $15,000.00 is appropriated to the Agency of Transportation for 9
10861086 the provision, in cooperation with community action agencies, of first-time car 10
10871087 buyer workshops to educate new Americans and disadvantaged Vermonters 11
10881088 about the process for buying a motor vehicle and incentives that are available 12
10891089 to assist with the purchase of a motor vehicle. 13
10901090 * * * Effective Date * * * 14
10911091 Sec. 29. EFFECTIVE DATE 15
10921092 This act shall take effect on passage. 16