Vermont 2025-2026 Regular Session

Vermont House Bill H0426 Latest Draft

Bill / Introduced Version Filed 02/27/2025

                            BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
H.426 1 
Introduced by Representatives Burke of Brattleboro, Lalley of Shelburne, 2 
Pouech of Hinesburg, Tomlinson of Winooski, Bartholomew of 3 
Hartland, Burkhardt of South Burlington, Campbell of St. 4 
Johnsbury, Chapin of East Montpelier, Cole of Hartford, 5 
Critchlow of Colchester, Dodge of Essex, Duke of Burlington, 6 
Graning of Jericho, Holcombe of Norwich, Logan of 7 
Burlington, McGill of Bridport, Minier of South Burlington, 8 
Morris of Springfield, Morrow of Weston, Nelson of Derby, 9 
Nugent of South Burlington, Ode of Burlington, Satcowitz of 10 
Randolph, Sheldon of Middlebury, and White of Waitsfield 11 
Referred to Committee on  12 
Date:  13 
Subject: Motor vehicles; vehicle incentive programs; public transit; retail 14 
delivery fees; electric vehicles; eBikes; vehicle miles traveled; electric 15 
vehicle supply equipment; local highway aid; complete streets; 16 
Vermont State Standards; traffic signals; bicycles; first-time car 17 
buyers 18 
Statement of purpose of bill as introduced:  This bill proposes to do the 19 
following: (1) appropriate funds for the Incentive Program for New Plug-in 20 
Electric Vehicles; the MileageSmart Incentive Program, the Replace Your 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
Ride Program, and the eBike Incentive Program; (2) provide additional State 1 
funding for local public transit agencies in fiscal year 2026 to ensure that 2 
agencies maintain the existing level of service; (3) impose a fee on retail 3 
deliveries that are subject to the sales and use tax; (4) require the Agency of 4 
Transportation to implement public outreach campaigns related to public 5 
transportation, active transportation, electric vehicles, idling, and safe passing 6 
distances; (5) direct the Agency of Transportation to enhance public-private 7 
partnerships promoting electric vehicles and eBikes; (6) require the Agency of 8 
Transportation to consider reductions in vehicle miles traveled and greenhouse 9 
gas emissions reductions when evaluating projects; (7) reduce the local share 10 
due from smaller municipalities seeking State funding for projects; (8) direct 11 
the Agency of Transportation to provide technical assistance to municipalities 12 
in relation to implementation of complete streets; (9) require the updated 13 
Vermont State Standards to incorporate complete streets principles and 14 
consideration of green infrastructure; (10) establish right-to-charge laws to 15 
permit property owners and tenants to install electric vehicle supply equipment 16 
(EVSE); (11) require EVSE that is available for public use to accept credit 17 
cards for payment; (12) require the Agency of Transportation to examine the 18 
possibility of generating revenue from utilities located in State-owned rights of 19 
way, to permit parking in State-owned rights of way in downtowns, and to 20 
identify locations for collocating EVSE and on-street parking in State-owned 21  BILL AS INTRODUCED 	H.426 
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rights of way; (13) amend the traffic-control signals a bicycle operator must 1 
follow; (14) provide additional funding and support for projects to improve 2 
resiliency of municipal highways; (15) study potential cost savings for 3 
education-related transportation; and (16) provide funding for first-time car 4 
buyer classes. 5 
An act relating to transportation initiatives to improve equity and 6 
infrastructure, increase resiliency, and reduce emissions 7 
It is hereby enacted by the General Assembly of the State of Vermont:  8 
* * * Short Title * * * 9 
Sec. 1.  SHORT TITLE 10 
This act may be cited as “An Act Relating to Creating a Unified Resilient 11 
Transportation System” or “Curt’s Act.” 12 
* * * Efficient Vehicle Incentive Program Funding * * * 13 
Sec. 2.  APPROPRIATIONS FOR VEHICLE INCENTIVE PROGRAMS 14 
(a)  The sum of $3,000,000.00 is appropriated from the General Fund to the 15 
Agency of Transportation in fiscal year 2026 for the purpose of funding the 16 
MileageSmart Program established pursuant to 19 V.S.A. § 2902. 17 
(b)  The sum of $6,000,000.00 is appropriated from the General Fund to the 18 
Agency of Transportation in fiscal year 2026 for the purpose of funding the 19  BILL AS INTRODUCED 	H.426 
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Incentive Program for New Plug-In Electric Vehicles established pursuant to 1 
19 V.S.A. § 2901. 2 
(c)  The sum of $1,000,000.00 is appropriated from the General Fund to the 3 
Agency of Transportation in fiscal year 2026 for the purpose of funding the 4 
Replace Your Ride program established pursuant to 19 V.S.A. § 2904. 5 
(d)  The sum of $150,000.00 is appropriated from the General Fund to the 6 
Agency of Transportation in fiscal year 2026 for the purpose of funding the 7 
eBike Incentive Program established pursuant to 2021 Acts and Resolves No. 8 
55, Sec. 28, as amended by 2022 Acts and Resolves No. 184, Sec. 23. 9 
Sec. 3.  ONE-TIME PUBLIC TRANSIT MONIES 10 
(a)  Project addition.  The following project is added to the Agency of 11 
Transportation’s Proposed Fiscal Year 2026 Transportation Program:  12 
Increased One-Time Monies for Public Transit for Fiscal Year 2026. 13 
(b)  Authorization.  Spending authority for Increased One-Time Monies for 14 
Public Transit for Fiscal Year 2025 is authorized as follows: 15 
FY25 As Proposed As Amended Change 16 
Other $0.00 $2,844,991.00 $2,844,991.00 17 
Total $0.00 $2,844,991.00 $2,844,991.00 18 
Sources of funds 19 
State $0.00 $2,844,991.00 $2,844,991.00 20 
Total $0.00 $2,844,991.00 $2,844,991.00 21  BILL AS INTRODUCED 	H.426 
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(c)  Federal monies.  The Agency of Transportation shall utilize available 1 
federal monies in lieu of the authorization in subsection (b) of this section to 2 
the greatest extent practicable, provided that there is no negative impact on any 3 
local public transit providers. 4 
(d)  Implementation.  The Agency shall distribute the authorization in 5 
subsection (b) of this section to local transit agencies as one-time bridge 6 
funding for fiscal year 2026 to ensure that local transit agencies are able to 7 
maintain the existing level of service and make planned capital investments in 8 
fiscal year 2026. 9 
* * * Retail Delivery Fee * * * 10 
Sec. 4.  23 V.S.A. chapter 26 is added to read: 11 
CHAPTER 26. RETAIL DELIVERY FEE 12 
§  2551.  DEFINITIONS 13 
As used in this chapter: 14 
(1)  “Commissioner” means the Commissioner of Taxes. 15 
(2)  “Persons required to collect tax” has the same meaning as in 16 
32 V.S.A. § 9701. 17 
(3)  “Retail delivery” means a delivery of tangible personal property to a 18 
person located in Vermont as part of a retail sale by a vendor.  Retail delivery 19 
does not include pickup of tangible personal property at a vendor’s place of 20 
business, including curbside pickup. 21  BILL AS INTRODUCED 	H.426 
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(4)  “Tangible personal property” has the same meaning as in 32 V.S.A. 1 
§ 9701, except that it shall not include electricity, water, gas, steam, and 2 
prewritten computer software. 3 
(5)  “Vendor” has the same meaning as in 32 V.S.A. § 9701. 4 
§ 2552.  FEE ON RETAIL DELIVERIES 5 
(a)(1)  All retail deliveries by persons required to collect tax pursuant to 6 
32 V.S.A. chapter 233 shall be subject to a delivery fee of $0.30. 7 
(2)  A vendor may elect to collect the fee imposed pursuant to this 8 
section from the purchaser. 9 
(3)  For purposes of 32 V.S.A. chapter 233, the delivery fee imposed 10 
pursuant to this section shall not be included in the sales price of the tangible 11 
personal property sold as part of a retail sale and shall be separately stated on 12 
any invoice, bill or sale, or similar document given to the purchaser. 13 
(b)  If the vendor collects the delivery fee from the purchaser, the delivery 14 
fee must be charged in addition to any other delivery fee. 15 
(c)  The delivery fee imposed pursuant to this section shall only be charged 16 
once per retail transaction regardless of the number of: 17 
(1)  items of tangible personal property purchased; or 18 
(2)  shipments needed to deliver the items of tangible personal property 19 
purchased. 20  BILL AS INTRODUCED 	H.426 
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(d)(1)  The delivery fee imposed pursuant to this section shall be 1 
nonrefundable if any or all items of tangible personal property that were 2 
purchased are returned to the vendor or the vendor provides a refund or credit 3 
in an amount that is equal to or less than the purchase price of the items. 4 
(2)  The delivery fee imposed pursuant to this section shall be refunded 5 
to the purchaser if the retail delivery is canceled by the purchaser, vendor, or 6 
the delivery provider. 7 
§ 2553.  RETURNS; PAYMENT OF RETAIL DELIVERY FEES   8 
(a)  A vendor shall report the amount of fees collected on a return 9 
prescribed by the Commissioner.  The return shall include any other 10 
information that the Commissioner deems necessary for the administration of 11 
this chapter. 12 
(b)  Returns required pursuant to this section shall be submitted to the 13 
Commissioner on the same schedule as the vendor is required to submit sales 14 
tax returns pursuant to 32 V.S.A. § 9775. 15 
(c)  All fees collected by a vendor for the time period covered by a return 16 
shall be remitted to the Commissioner at the same time the vendor submits the 17 
return. 18  BILL AS INTRODUCED 	H.426 
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§ 2554.  ADMINISTRATION; OVERPAYMENTS; REFUNDS;  1 
              ENFORCEMENT; PENALTIES 2 
The provisions of 32 V.S.A. chapter 233 relating to administration, refunds 3 
of overpayments, enforcement, penalties, and appeals shall apply to this 4 
chapter. 5 
§ 2555.  DEPOSIT AND USE OF FEES 6 
Retail delivery fees collected pursuant to this chapter shall be deposited into 7 
the Transportation Fund and used to support the provision of Town Highway 8 
Aid pursuant to 19 V.S.A. § 306(a). 9 
Sec. 5.  19 V.S.A. § 306 is amended to read: 10 
§ 306.  APPROPRIATION; STATE AID FOR TOWN HIGHWAYS 11 
(a)  General State aid to town highways. 12 
(1)  An annual appropriation to class 1, 2, and 3 town highways shall be 13 
made.  This appropriation shall increase over the previous fiscal year’s 14 
appropriation pursuant to this subdivision by the same percentage change as 15 
the following, whichever is less, or shall remain at the previous fiscal year’s 16 
appropriation pursuant to this subdivision if either of the following are 17 
negative or zero: 18 
* * * 19 
(3) In addition to the amounts appropriated pursuant to subdivision (1) 20 
of this subsection, the total amount of retail delivery fees collected pursuant to 21  BILL AS INTRODUCED 	H.426 
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chapter 26 of this title for the prior fiscal year shall be included in the amount 1 
appropriated pursuant to this subsection but shall not be counted for purposes 2 
of determining the amount by which the amounts appropriated pursuant to 3 
subdivision (1) shall increase each fiscal year.  4 
(4)  The funds appropriated shall be distributed to towns as follows: 5 
* * * 6 
* * * Transit; Active Transportation; Electric Vehicles; Idling; Safe Passing; 7 
Outreach * * * 8 
Sec. 6.  PUBLIC TRANSPORTATION; ACTIVE TRANSPORTATION; 9 
             ELECTRIC VEHICLES; IDLING; SAFE PASSING; OUTREACH 10 
(a)  On or before January 1, 2026, the Agency of Transportation, in 11 
consultation with the Departments of Environmental Conservation and of 12 
Public Safety and with Drive Electric Vermont, shall implement public 13 
outreach campaigns related to public transportation, active transportation, 14 
electric vehicles, idling, and safe passing distances. 15 
(b)  The public outreach campaigns shall include, at a minimum, 16 
information related to: 17 
(1)  for the public outreach campaign related to public transportation: 18 
(A)  ways to access public transportation; 19 
(B)  modes of public transportation available; and 20  BILL AS INTRODUCED 	H.426 
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(C)  economic and environmental benefits of utilizing public 1 
transportation; 2 
(2)  for the public outreach campaign related to active transportation: 3 
(A)  forms of active transportation; 4 
(B)  methods for utilizing active transportation for commuting and 5 
running errands; 6 
(C)  infrastructure and public amenities that are available to facilitate 7 
active transportation; and 8 
(D)  economic, environmental, and health benefits of utilizing active 9 
transportation; 10 
(3)  for the public outreach campaign related to electric vehicles: 11 
(A)  incentive programs for the purchase of electric vehicles and the 12 
installation of electrical vehicle supply equipment that are available through 13 
the State, the federal government, and utilities; and 14 
(B)   economic and environmental benefits of utilizing an electric 15 
vehicle for transportation in place of a vehicle with an internal combustion 16 
engine; 17 
(4)  for the public outreach campaign related to idling: 18 
(A)  the instances when idling violates Vermont law; 19 
(B)  the impact of idling on the environment and health; 20  BILL AS INTRODUCED 	H.426 
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(C)  the estimated amount of fuel that is wasted each year because of 1 
motor vehicles idling in Vermont and the estimated cost of the wasted fuel;  2 
(D)  the estimated savings in fuel and fuel costs that would result from 3 
reducing idling by just one minute per day; and 4 
(E)  the estimated reduction in greenhouse gas emissions and air 5 
pollution that would result from reducing idling by just one minute per day; 6 
and 7 
(5)  for the public outreach campaign related to safe passing distances: 8 
(A)  the requirement in Vermont law to reduce speed and provide at 9 
least four feet of space to vulnerable users when passing; and 10 
(B)  information on the potential to reduce accidents, injuries, and 11 
fatalities by following Vermont’s law relating to motor vehicles passing 12 
vulnerable users. 13 
(c)  The public outreach campaigns required pursuant to this section shall 14 
disseminate information through email; dedicated web pages that are linked 15 
through the websites for the Departments of Motor Vehicles, of Environmental 16 
Conservation, and of Public Safety; social media platforms; community 17 
posting websites; radio; television; and printed written materials. 18  BILL AS INTRODUCED 	H.426 
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* * * Expansion of PEV and eBike Market * * * 1 
Sec. 7.  EXPANSION OF PEV AND EBIKE MARKET 2 
(a)(1) To the extent that federal or State funds are appropriated to support 3 
the provision of incentives for the purchase of PEVs or the installation of 4 
electric vehicle supply equipment (EVSE), the Agency of Transportation shall 5 
renew its contract with Drive Electric Vermont for fiscal year 2026. 6 
(2) In the event that federal or State funds are not appropriated as 7 
described in subdivision (1) of this subsection, to the extent that funds are 8 
available, the Agency of Transportation shall consider contracting with Drive 9 
Electric Vermont to provide educational and outreach services related to the 10 
successful ownership and operation of PEVs. 11 
(b)  The sum of $12,000.00 is appropriated from the General Fund to the 12 
Agency of Transportation in fiscal year 2026 to enter into and expand public-13 
private partnerships with Vermont organizations promoting the use of eBikes 14 
for transportation. 15 
* * * Consideration of Vehicle Miles Traveled in Project Planning * * * 16 
Sec. 8.  19 V.S.A. § 1 is amended to read: 17 
§ 1.  DEFINITIONS 18 
As used in this title: 19 
* * * 20  BILL AS INTRODUCED 	H.426 
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(26)  “Vehicle miles traveled” means the estimated sum of the miles 1 
traveled by all motor vehicle trips within a specific area during a calendar year. 2 
Sec. 9.  19 V.S.A. § 10b is amended to read: 3 
§ 10b.  STATEMENT OF POLICY; GENERAL 4 
(a)  The Agency shall be the responsible agency of the State for the 5 
development of transportation policy.  It shall develop a mission statement to 6 
reflect: 7 
(1)  that State transportation policy shall be to encompass, coordinate, 8 
and integrate all modes of transportation and to consider complete streets, as 9 
defined in section 2401 of this title, principles; and 10 
(2)  the need for transportation projects that will improve the State’s 11 
economic infrastructure, as well as the use of; resources in efficient, 12 
coordinated, integrated, cost-effective, and environmentally sound ways,; 13 
reduce vehicle miles traveled within the State; and that will be consistent with 14 
the recommendations of the Comprehensive Energy Plan (CEP) issued under 15 
30 V.S.A. § 202b. 16 
* * * 17 
(c)  In developing the State’s annual Transportation Program, the Agency 18 
shall, consistent with the planning goals listed in 24 V.S.A. § 4302 and with 19 
appropriate consideration to local, regional, and State agency plans: 20  BILL AS INTRODUCED 	H.426 
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(1)  develop or incorporate designs that provide integrated, safe, and 1 
efficient transportation; that reduce vehicle miles traveled in the State; and that 2 
are consistent with the recommendations of the CEP; 3 
* * * 4 
(d)  The Agency of Transportation, in developing each of the program 5 
prioritization systems schedules for all modes of transportation, shall include 6 
the following throughout the process: 7 
* * * 8 
(2)  Each year, the Agency shall provide in the front of the 9 
Transportation Program book a detailed explanation describing the factors in 10 
the prioritization system that creates each project list, which shall include a 11 
reduction in vehicle miles traveled in the State.  12 
Sec. 10.  19 V.S.A. § 10c is amended to read: 13 
§ 10c.  STATEMENT OF POLICY; HIGHWAYS AND BRIDGES 14 
* * * 15 
(c)  In choosing between the improvement of an existing highway and 16 
complete reconstruction, the Agency shall weigh the following factors: 17 
* * * 18 
(9)  the impact on the historic, scenic, and aesthetic values of the 19 
municipality, as interpreted by the municipality, in which the highway is 20 
located; and 21  BILL AS INTRODUCED 	H.426 
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(10)  if it is a forest highway under federal jurisdiction; and 1 
(11)  opportunities to reduce vehicle miles traveled or otherwise reduce 2 
greenhouse gas emissions related to the highway. 3 
* * * 4 
(k)  It shall be the policy of the State to develop plans for the improvement 5 
and reconstruction of highways and bridges in a manner that reduces vehicle 6 
miles traveled or otherwise reduces greenhouse gas emissions related to the 7 
highway or bridge. 8 
Sec. 11.  19 V.S.A. § 10i is amended to read: 9 
§ 10i.  TRANSPORTATION PLANNING PROCESS 10 
* * * 11 
(c)  Transportation Program.  The Transportation Program shall be 12 
developed in a fiscally responsible manner to accomplish the following 13 
objectives: 14 
* * * 15 
(3)  strengthening the economy, protecting the quality of the natural 16 
environment, and improving Vermonters’ quality of life; and 17 
(4)  achieving the recommendations of the CEP; and 18 
(5)  reducing vehicle miles traveled or otherwise reducing greenhouse 19 
gas emissions. 20 
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* * * Increased Highway Funding for Rural Towns * * * 1 
Sec. 12.  19 V.S.A. § 306 is amended to read: 2 
§ 306.  APPROPRIATION; STATE AID FOR TOWN HIGHWAYS 3 
* * * 4 
(d)  State aid for nonfederal disasters.   5 
(1) There shall be an annual appropriation for emergency aid in 6 
repairing, building, or reconstructing class 1, 2, or 3 town highways and for 7 
repairing or replacing drainage structures including bridges on class 1, 2, 3, 8 
and 4 town highways damaged by natural or man-made disasters.  Eligibility 9 
for use of emergency aid under this appropriation shall be subject to the 10 
following criteria: 11 
(1)(A) The Secretary of Transportation shall determine that the disaster 12 
is of such magnitude that State aid is both reasonable and necessary to preserve 13 
the public good.  If total cumulative damages to town highways and drainage 14 
structures are less than the value of 10 percent of the town’s overall total 15 
highway budget excluding the town’s winter maintenance budget, the disaster 16 
shall not qualify for assistance under this subsection. 17 
(2)(B) The disaster shall not qualify for major disaster assistance from 18 
the Federal Emergency Management Agency (FEMA) under the Robert T. 19 
Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. §§ 5121 et 20  BILL AS INTRODUCED 	H.426 
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seq., or from the Federal Highway Administration (FHWA) under the 23 1 
C.F.R. Part 668 Emergency Relief Program for federal-aid highways. 2 
(C)  Additional criteria established by the Secretary through 3 
rulemaking under 3 V.S.A. chapter 25. 4 
(3)(2)(A) Towns Except as otherwise provided in subdivision (B) of this 5 
subdivision (d)(2), towns shall be eligible for reimbursement for repair or 6 
replacement costs of either up to 90 percent of the eligible repair or 7 
replacement costs or the eligible repair or replacement costs, minus an amount 8 
equal to 10 percent of the overall total highway budget, minus the town’s 9 
winter maintenance budget, whichever is greater. 10 
(B)  Rural towns, as that term is defined in 24 V.S.A. § 4303, shall be 11 
eligible for reimbursement for repair or replacement costs of either up to 95 12 
percent of the eligible repair or replacement costs or the eligible repair or 13 
replacement costs, minus an amount equal to five percent of the overall total 14 
highway budget, minus the rural town’s winter maintenance budget, whichever 15 
is greater. 16 
(4)(3) For towns that have adopted road and bridge standards, eligibility 17 
for reimbursement for repair or replacement of infrastructure shall be to those 18 
standards.  For towns that have not adopted these standards, eligibility for 19 
reimbursement for repair or replacement of infrastructure shall be limited to 20 
the specifications of the infrastructure that preexisted the emergency event; 21  BILL AS INTRODUCED 	H.426 
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however, the repair or replacement shall be to standards approved by the 1 
Agency of Transportation. 2 
(5)(4) For a drainage structure on a class 4 town highway to be eligible 3 
for repair or replacement under this subsection, the town must document that it 4 
maintained the structure prior to the nonfederal disaster. 5 
(6)  Such additional criteria as may be adopted by the Agency of 6 
Transportation through rulemaking under 3 V.S.A. chapter 25. 7 
* * * 8 
(f)  State aid for federal disasters. 9 
(1)  Towns receiving assistance under the Federal Highway 10 
Administration’s Emergency Relief Program for federal-aid highways shall be 11 
eligible for State aid when a nonfederal match is required.  Eligibility for aid 12 
under this subsection shall be subject to the following criteria: 13 
(A)(i) Towns Except as otherwise provided in subdivision (ii) of this 14 
subdivision (f)(1)(A), towns shall be responsible for up to not more than 10 15 
percent of the total eligible project costs. 16 
(ii)  Rural towns, as that term is defined pursuant to 24 V.S.A. 17 
§ 4303, shall be responsible for not more than five percent of the total eligible 18 
project costs. 19 
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(C)  Such additional Additional criteria as may be adopted established 1 
by the Agency Secretary through rulemaking under 3 V.S.A. chapter 25. 2 
* * * 3 
(i)  Municipal Mitigation Assistance Program. 4 
(1) The Agency shall administer the Municipal Mitigation Assistance 5 
Program.  Through the Program, the Agency shall provide assistance and 6 
grants to municipalities for environmental mitigation projects related to 7 
stormwater and highways and for the establishment and operation of 8 
stormwater utilities.  Municipalities 9 
(2)(A)  Except as otherwise provided pursuant to subdivisions (B) and 10 
(C) of this subdivision (i)(2), municipalities shall match grants with local funds 11 
sufficient to cover 20 percent of the project costs, except that the. 12 
(B)  Rural towns, as that term is defined pursuant to 24 V.S.A. 13 
§ 4303, shall match grants with local funds sufficient to cover 10 percent of the 14 
project costs. 15 
(C)  Notwithstanding subdivisions (A) and (B) of this subdivision 16 
(i)(2), the Agency may issue grants for the establishment or operation of 17 
stormwater utilities without requiring a local match. 18 
(3) From the operating expenses appropriated for the Program, the 19 
Agency is authorized to pay costs billed to the Agency by municipal 20 
stormwater utilities. 21  BILL AS INTRODUCED 	H.426 
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* * * 1 
(k)  As used in this section, “town” includes a “rural town” as defined 2 
pursuant to 24 V.S.A. § 4303 unless otherwise expressly provided. 3 
Sec. 13.  19 V.S.A. § 309a is amended to read: 4 
§ 309a.  LOCAL HIGHWAY WORK UNIFORM LOCAL SHARE; 5 
              EXCEPTIONS 6 
(a)  Except as provided in subsection (b) or (c) of this section or in sections 7 
309b and 309c of this title, in any case of highway or bridge construction in 8 
which a federal/State/local or State/local funding match is authorized, the 9 
municipality’s share shall be ten percent of the project costs. 10 
(b)  This The provisions of subsection (a) of this section shall not apply to: 11 
* * * 12 
(6)  any project where, by the mutual agreement of the municipality and 13 
Agency, rehabilitation of an existing bridge is the preferred alternative, in 14 
which case the Agency shall use the appropriate combination of State and 15 
federal funding to pay either 95 percent of the cost of rehabilitation, or 97.5 16 
percent if the municipality closes the bridge and does not construct a 17 
temporary bridge for the duration of the project; or 18 
(7)  any project or portion of a project involving a structure that is part of 19 
the Historic Bridge Program, where the Agency shall use the appropriate 20  BILL AS INTRODUCED 	H.426 
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combination of State and federal funding to pay 100 percent of the cost of 1 
rehabilitation; or 2 
(8)  any project in a rural town, as that term is defined pursuant to 3 
24 V.S.A. § 4303, in which case the municipal share shall be 2.5 percent of the 4 
project costs or a lesser amount authorized by statute or the General Assembly. 5 
* * * 6 
Sec. 14.  19 V.S.A. § 309b is amended to read: 7 
§ 309b.  LOCAL MATCH; CERTAIN TOWN HIGHWAY PROGRAMS 8 
(a)(1) Notwithstanding subsection 309a(a) of this title and except as 9 
provided in subdivision (2) of this subsection, grants provided to towns under 10 
the Town Highway Structures Program shall be matched by local funds 11 
sufficient to cover 20 percent of the project costs, unless the town has adopted 12 
road and bridge standards, has completed a network inventory, and has 13 
submitted an annual certification of compliance for town road and bridge 14 
standards to the Secretary, in which event the local match shall be sufficient to 15 
cover 10 percent of the project costs.  16 
(2)  Grants provided to rural towns, as that term is defined pursuant to 17 
24 V.S.A. § 4303, under the Town Highway Structures Program shall be 18 
matched by local funds sufficient to cover 10 percent of the project costs, 19 
unless the rural town has adopted road and bridge standards, has completed a 20 
network inventory, and has submitted an annual certification of compliance for 21  BILL AS INTRODUCED 	H.426 
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town road and bridge standards to the Secretary, in which event the local 1 
match shall be sufficient to cover 5 percent of the project costs. 2 
(3) The Secretary may adopt rules to implement the Town Highway 3 
Structures Program.  Town highway structures projects receiving funds 4 
pursuant to this subsection shall be the responsibility of the applicant 5 
municipality. 6 
(b)(1) Notwithstanding subsection 309a(a) of this title and except as 7 
provided pursuant to subdivision (2) of this subsection, grants provided to 8 
towns under the Class 2 Town Highway Roadway Program shall be matched 9 
by local funds sufficient to cover 30 percent of the project costs, unless the 10 
town has adopted road and bridge standards, has completed a network 11 
inventory, and has submitted an annual certification of compliance for town 12 
road and bridge standards to the Secretary, in which event the local match shall 13 
be sufficient to cover 20 percent of the project costs. 14 
(2)  Grants provided to rural towns, as that term is defined pursuant to 15 
24 V.S.A. § 4303, under the Class 2 Town Highway Roadway Program shall 16 
be matched by local funds sufficient to cover 15 percent of the project costs, 17 
unless the rural town has adopted road and bridge standards, has completed a 18 
network inventory, and has submitted an annual certification of compliance for 19 
town road and bridge standards to the Secretary, in which event the local 20 
match shall be sufficient to cover 10 percent of the project costs. 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
(3) The Secretary may adopt rules to implement the Class 2 Town 1 
Highway Roadway Program.  Class 2 town highway roadway projects 2 
receiving funds pursuant to this subsection shall be the responsibility of the 3 
applicant municipality, and a municipality shall not receive a grant in excess of 4 
$200,000.00. 5 
* * * 6 
* * * Complete Streets * * * 7 
Sec. 15.  19 V.S.A. § 2405 is added to read: 8 
§ 2405.  TECHNICAL ASSISTANCE FOR MUNICIPALITIES 9 
The Agency shall provide technical and planning assistance to 10 
municipalities to assist with the incorporation of complete streets principles 11 
into municipal projects and compliance with the provisions of this chapter. 12 
Sec. 16.  2024 Acts and Resolves No. 148, Sec. 31 is amended to read: 13 
Sec. 31.  REPLACEMENT FOR THE VERMONT STATE DESIGN 14 
                   STANDARDS 15 
* * * 16 
(c)  The Agency of Transportation shall ensure that the replacement for the 17 
Vermont State Design Standards incorporates provisions addressing the 18 
following: 19  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
(1)  prioritization of reducing vehicle miles traveled in downtown and 1 
village centers identified by a regional planning commission pursuant to 2 
24 V.S.A. § 4348a; 3 
(2)  alignment of eligible transportation improvements with future land 4 
use in downtown and village centers identified by a regional planning 5 
commission pursuant to 24 V.S.A. § 4348a through the use of transect maps; 6 
(3)  context sensitive design standards for downtown and village centers 7 
identified by a regional planning commission pursuant to 24 V.S.A. § 4348a to 8 
ensure that: 9 
(A)  standards are compatible with the existing size of the community 10 
and intensity of activity within the community as well as the settlement scale 11 
for the community depicted on future land use maps; 12 
(B)  investments are directed to the development of a comprehensive 13 
pedestrian network consistent with existing and future land use; and 14 
(C)  design engineering standards provide for ease of understanding 15 
and implementation of: 16 
(i)  narrowed travel lanes; 17 
(ii)  slow zones for motor vehicle traffic; 18 
(iii)  crosswalks; 19 
(iv)  enhanced shoulders to accommodate travel by bicycles or 20 
pedestrians, or both; 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
(v)  sidewalks; and 1 
(vi)  public transit services; 2 
(4)  identification of standards for reducing vehicle travel lane widths 3 
and other traffic calming methods that can be incorporated by regional 4 
planning commissions into downtown and village centers identified pursuant 5 
to 24 V.S.A. § 4348a; 6 
(5)  requirements that reconstructed bridges and upsized culverts within 7 
downtown and village centers identified pursuant to 24 V.S.A. § 4348a shall 8 
incorporate pedestrian facilities; and 9 
(6)  consideration of guidance from the Department of Forests, Parks and 10 
Recreation’s Vermont Urban and Community Forestry Program Green Streets 11 
Guide into the design of State highways in downtown and village centers. 12 
* * * National Historic Preservation Act Review; Report * * * 13 
Sec. 17.  AMENDMENTS TO AGREEMENT RELATED TO REVIEW 14 
               UNDER THE NATIONAL HISTORIC PRESERVATION ACT 15 
(a)  The Agency of Transportation, in consultation with the Vermont State 16 
Historic Preservation Officer and the Advisory Council on Historic 17 
Preservation, shall seek to amend the Programmatic Agreement Among the 18 
Federal Highway Administration, the Vermont State Historic Preservation 19 
Officer, the Advisory Council on Historic Preservation, and the Vermont 20 
Agency of Transportation Regarding the Federal-Aid Highway Program in 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
Vermont to categorize the creation of new bicycle and pedestrian facilities as 1 
either exempt activities, listed in Appendix A, or screened activities, listed in 2 
Appendix B. 3 
(b)  The Agency of Transportation shall provide a written update on its 4 
efforts pursuant to subsection (a) of this section to the House and Senate 5 
Committees on Transportation not later than November 15, 2025. 6 
* * * Local Speed Limits * * * 7 
Sec. 18.  23 V.S.A. § 1007 is amended to read: 8 
§ 1007.  LOCAL SPEED LIMITS 9 
(a)(1)  The legislative body of a municipality may establish, on the basis of 10 
an engineering and traffic investigation, a speed limit on all or a part of any 11 
city, town, or village highway within its jurisdiction, which: 12 
(A)  is not more than 50 miles per hour; however, after considering 13 
neighborhood character, abutting land use, bicycle and pedestrian use, and 14 
physical characteristics of the highways, the legislative body of a municipality 15 
may vote to set the maximum speed limit, without an engineering and traffic 16 
investigation, at is not more than 50 miles per hour nor less than 35 miles per 17 
hour, on all or a portion of unpaved town highways within its boundaries, 18 
unless otherwise posted in accordance with the provisions of this section; or 19 
(B)  is not less than 25 miles per hour. 20 
* * * 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
(b)  The legislative body of a city may establish, on the basis of an 1 
engineering and traffic investigation, a speed limit on all or a part of any State 2 
highway, other than a limited access highway, within its jurisdiction, which: 3 
(1)  that is not more than 50 miles per hour; or 4 
(2)  is not nor less than 25 miles per hour. 5 
* * * 6 
(e)  Lack of evidence of a traffic and engineering study will not invalidate a 7 
local speed limit ordinance as adopted or amended under this section after five 8 
years following the day on which the speed limit ordinance took effect. 9 
[Repealed.] 10 
(f)  Notwithstanding the procedure outlined in this section for enacting a 11 
local speed limit, a town or village may adopt a local speed ordinance on a 12 
State highway, other than on limited access highways, provided the ordinance 13 
duplicates the speed limit established under section 1003 of this title. 14 
(g)  Notwithstanding any requirements of section 1025 of this title, 15 
downtown development districts, village centers, and new town center 16 
development districts designated under 24 V.S.A. chapter 76A may have 17 
posted speed limits of less than 25 miles per hour.  18 
* * * Regional Planning Commissions * * * 19  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
Sec. 19.  24 V.S.A. § 4345a is amended to read: 1 
§ 4345a.  DUTIES OF REGIONAL PLANNING COMMISSIONS 2 
A regional planning commission created under this chapter shall: 3 
* * * 4 
(21)  Coordinate regional transportation projects with affected 5 
municipalities to enhance transportation resilience and implementation of the 6 
Climate Action Plan adopted pursuant to 10 V.S.A. § 5902. 7 
* * * Electrical Vehicle Supply Equipment * * * 8 
Sec. 20.  9 V.S.A. § 4468b is added to read: 9 
§ 4468b.  ELECTRIC VEHICLE SUPPLY EQUIPMENT 10 
(a)  As used in this section: 11 
(1)  “Electric vehicle supply equipment (EVSE)” means a device or 12 
system designed and used specifically to transfer electrical energy to a plug-in 13 
electric vehicle. 14 
(2)  “EVSE time-of-use (TOU) meter” means an electric meter supplied 15 
and installed by an electric distribution utility that is separate from, and in 16 
addition to, any other electric meter and is devoted exclusively to the charging 17 
of plug-in electric vehicles and that tracks the TOU when charging occurs.  An 18 
EVSE TOU meter includes any wiring or conduit necessary to connect the 19 
meter to an EVSE, regardless of whether it is supplied or installed by an 20 
electric utility.  21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
(b)  For any rental agreement executed, extended, or renewed on and after 1 
January 1, 2026, a landlord shall approve a written request of a tenant to install 2 
EVSE at a parking space allotted for the tenant that meets the requirements of 3 
this section and complies with the landlord’s procedural approval process for 4 
modification to the property. 5 
(c)  This section does not apply to residential rental properties where: 6 
(1)  EVSE already exist for tenants in a ratio that is equal to or greater 7 
than 10 percent of the designated parking spaces; 8 
(2)  parking is not provided as part of the lease agreement; or 9 
(3)  there are fewer than five parking spaces. 10 
(d)  A landlord shall not be obligated to provide an additional parking space 11 
to a tenant in order to accommodate EVSE. 12 
(e)  If the EVSE has the effect of providing the tenant with a reserved 13 
parking space, the landlord may charge a monthly rental amount for that 14 
parking space. 15 
(f)  The EVSE or EVSE TOU meter, or both, and all modifications and 16 
improvements to the property shall comply with federal, State, and local law, 17 
and all applicable zoning requirements, land use requirements, and covenants, 18 
conditions, and restrictions. 19  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
(g)  A tenant’s written request to make a modification to the property in 1 
order to install and use EVSE shall include the tenant’s consent to enter into a 2 
written agreement that includes the following: 3 
(1)  Compliance with the landlord’s requirements for the installation, 4 
use, maintenance, and removal of the EVSE or both the EVSE and EVSE TOU 5 
meter and installation, use, and maintenance of the infrastructure for the EVSE 6 
or both the EVSE and EVSE TOU meter. 7 
(2)  Compliance with the landlord’s requirements for the tenant to 8 
provide a complete financial analysis and scope of work regarding the 9 
installation of the EVSE or both the EVSE and EVSE TOU meter and its 10 
infrastructure. 11 
(3)  Obligation of the tenant to pay the landlord all costs associated with 12 
the landlord’s installation of the EVSE or both the EVSE and EVSE TOU 13 
meter and related infrastructure prior to any modification or improvement 14 
being made to the leased property.  The costs associated with modifications 15 
and improvements shall include the cost of permits, supervision, construction, 16 
and, solely if required by the contractor and consistent with its past 17 
performance of work for the landlord, performance bonds. 18 
(4)  Obligation of the tenant to pay as part of rent for the costs associated 19 
with the electrical usage, whether or not through an EVSE TOU meter, of the 20 
EVSE; and costs for damage, maintenance, repair, removal, and replacement 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
of the EVSE or both the EVSE and EVSE TOU meter; and modifications or 1 
improvements made to the property associated with the EVSE or both the 2 
EVSE and EVSE TOU meter. 3 
(h)  The tenant and each successor tenant shall obtain personal liability 4 
coverage in an amount not to exceed 10 times the annual rent charged for the 5 
dwelling unit covering property damage and personal injury proximately 6 
caused by the installation or operation of the EVSE or both the EVSE and 7 
EVSE TOU meter.  The policy shall be maintained in full force and effect from 8 
the time of installation of the EVSE or both the EVSE and EVSE TOU meter 9 
until the EVSE or the EVSE and EVSE TOU meter is removed or the tenant 10 
forfeits possession of the dwelling unit to the landlord. 11 
(i)  Notwithstanding subsection (h) of this section, no insurance shall be 12 
required of a tenant installing an EVSE or both an EVSE and EVSE TOU 13 
meter if the following are satisfied: 14 
(1)  the EVSE has been certified by a Nationally Recognized Testing 15 
Laboratory that is approved by the Occupational Safety and Health 16 
Administration of the U.S. Department of Labor; and 17 
(2)  the EVSE and any associated alterations to the dwelling’s electrical 18 
system are performed by a licensed electrician and the EVSE TOU meter, if 19 
applicable, is installed by the electric distribution utility providing service. 20  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
(j)  A landlord that intentionally violates this section shall be liable to the 1 
tenant or other party for actual damages and shall pay a civil penalty to the 2 
tenant or other party in an amount not to exceed $1,000.00. 3 
(k)  In any action by a tenant requesting to have an EVSE installed and 4 
seeking to enforce compliance with this section, the prevailing plaintiff shall 5 
be awarded reasonable attorney’s fees. 6 
Sec. 21.  27A V.S.A. § 1-204 is amended to read: 7 
§ 1-204.  PREEXISTING COMMON INTEREST COMMUNITIES 8 
(a)(1)  Unless excepted under section 1-203 of this title, the following 9 
sections and subdivisions of this title apply to a common interest community 10 
created in this State before January 1, 1999:  sections 1-103, 1-105, 1-106, 1-11 
107, 2-103, 2-104, and 2-121, subdivisions 3-102(a)(1) through (6) and (11) 12 
through (16), and sections 3-111, 3-116, 3-118, 4-109, and 4-117 to the extent 13 
necessary to construe the applicable sections.  The sections and subdivisions 14 
described in this subdivision apply only to events and circumstances occurring 15 
after December 31, 1998 and do not invalidate existing provisions of the 16 
declarations, bylaws, plats, or plans of those common interest communities. 17 
* * * 18 
(3)  Unless excepted under section 1-203 of this title, section 3-125 of 19 
this title shall apply to a common interest community created in this State 20 
before January 1, 1999.  Section 3-125 applies only to events and 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
circumstances occurring after June 30, 2025 and does not invalidate existing 1 
provisions of the declarations, bylaws, plats, or plans of those common interest 2 
communities. 3 
* * * 4 
Sec. 22.  27A V.S.A. § 3-125 is added to read: 5 
§ 3-125.  ELECTRIC VEHICLE SUPPLY EQUIPMENT 6 
(a)  Definitions.  As used in this section: 7 
(1)  “Electric vehicle supply equipment (EVSE)” means a device or 8 
system designed and used specifically to transfer electrical energy to a plug-in 9 
electric vehicle. 10 
(2)  “EVSE owner” means the unit owner who applies to install an EVSE 11 
and each successive unit owner associated with the initial application to install 12 
the EVSE unless there is a specific change in ownership of the EVSE, in which 13 
case the EVSE owner shall be the owner specified in a conveying document 14 
memorializing the change in ownership of the EVSE. 15 
(3)  “EVSE time-of-use (TOU) meter” means an electric meter supplied 16 
and installed by an electric distribution utility that is separate from, and in 17 
addition to, any other electric meter and is devoted exclusively to the charging 18 
of plug-in electric vehicles and that tracks the TOU when charging occurs.  An 19 
EVSE TOU meter includes any wiring or conduit necessary to connect the 20  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
meter to an EVSE, regardless of whether it is supplied or installed by an 1 
electric utility.  2 
(4)  “Plug-in electric vehicles” has the same meaning as in 23 V.S.A. 3 
§ 4(85). 4 
(5)  “Reasonable restrictions” are restrictions that do not significantly 5 
increase the cost of the EVSE or EVSE TOU meter, or both, or significantly 6 
decrease the efficiency or specified performance of the EVSE or EVSE TOU 7 
meter, or both. 8 
(b)  Protected uses.   9 
(1)  Any covenant, restriction, or condition contained in any deed, 10 
contract, security instrument, or other instrument affecting the transfer or sale 11 
of any interest in a common interest community, and any provision of a 12 
governing document associated with a common interest community, such as a 13 
declaration or bylaws, that either effectively prohibits or unreasonably restricts 14 
the installation or use of EVSE or an EVSE TOU meter, or both, within a unit 15 
owner’s unit or in a designated parking space, including a deeded parking 16 
space, a parking space in a unit owner’s exclusive use common element, or a 17 
parking space that is specifically designated for use by a particular unit owner, 18 
or is in conflict with this section is void and unenforceable. 19 
(2)  This subsection (b) shall not apply to provisions that impose 20 
reasonable restrictions on EVSE or EVSE TOU meters, or both.  However, it is 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
the policy of the State to promote, encourage, and remove obstacles to the use 1 
of plug-in electric vehicles, including access to EVSE at home. 2 
(3)  The EVSE or EVSE TOU meter, or both, and all modifications and 3 
improvements to the common interest community shall comply with federal, 4 
State, and local law, and all applicable zoning requirements, land use 5 
requirements, and covenants, conditions, and restrictions. 6 
(4)  If approval is required for the installation or use of EVSE or EVSE 7 
TOU meters, or both, the application for approval shall be processed and 8 
approved by the association in the same manner as an application for approval 9 
of an architectural modification to the common interest community and shall 10 
not be intentionally avoided or delayed.  The approval or denial of an 11 
application shall be in writing.  If an application is not denied in writing within 12 
60 days from the date of receipt of the application, the application shall be 13 
deemed approved, unless that delay is the result of a reasonable request for 14 
additional information. 15 
(5)  If the EVSE or EVSE TOU meter, or both, is to be placed in a 16 
common element or a limited common element, as designated in the common 17 
interest community’s declaration, the following provisions apply: 18 
(A)  The unit owner first shall obtain approval from the association to 19 
install the EVSE or EVSE TOU meter, or both, and the association shall 20  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
approve the installation if the unit owner agrees in writing to do all of the 1 
following: 2 
(i)  comply with the association’s architectural standards for the 3 
installation of the EVSE or EVSE TOU meter, or both;  4 
(ii)  engage a licensed contractor to install the EVSE and, if 5 
necessary, to install wiring or conduit necessary to connect the EVSE to an 6 
EVSE TOU meter; 7 
(iii)  engage the electric distribution utility providing service to 8 
install the EVSE TOU meter, if applicable;  9 
(iv) provide a certificate of insurance that names the association as 10 
an additional insured under the unit owner’s insurance policy within 14 days 11 
after approval; and 12 
(v)  pay for both the costs associated with the installation of the 13 
EVSE or both the EVSE and EVSE TOU meter and the electricity usage 14 
associated with the EVSE. 15 
(B)  The unit owner and each successive owner of the EVSE or both 16 
the EVSE and EVSE TOU meter shall be responsible for all of the following: 17 
(i)  costs for damage to the EVSE or EVSE TOU meter, or both; a 18 
common element; or a limited common element resulting from the installation, 19 
maintenance, repair, removal, or replacement of the EVSE or EVSE TOU 20 
meter, or both;  21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
(ii)  costs for the maintenance, repair, and replacement of the 1 
EVSE or EVSE TOU meter, or both, until the EVSE has been removed and for 2 
the restoration of the common element or limited common element after 3 
removal; 4 
(iii)  cost of electricity associated with the EVSE; and 5 
(iv)  disclosing to prospective buyers of the unit the existence of 6 
any EVSE or EVSE TOU meters, or both, and the related responsibilities of 7 
the unit owner under this section. 8 
(C)  The owner of EVSE, whether the EVSE is located within a unit 9 
or within a common element or a limited common element, shall, at all times, 10 
maintain a liability coverage policy that names the association as an additional 11 
insured.  The unit owner that submitted the application to install the EVSE or 12 
EVSE TOU meter, or both, shall provide the association with the 13 
corresponding certificate of insurance within 14 days following approval of the 14 
application.  That unit owner and each successor EVSE owner shall annually 15 
provide the association with the certificate of insurance. 16 
(D)  An EVSE owner shall not be required to maintain a homeowner 17 
liability coverage policy for an existing National Electrical Manufacturers 18 
Association standard alternating current power plug. 19 
(6)  Installation of EVSE or both EVSE and an EVSE TOU meter for the 20 
exclusive use of a unit owner in a common element or limited common 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
element shall be authorized by the association only if installation in the unit 1 
owner’s unit or designated parking space is impossible or unreasonably 2 
expensive.  In such cases, the association shall enter into a license agreement 3 
with the unit owner for the use of the space in a common element or limited 4 
common element and the unit owner shall comply with all of the requirements 5 
in subdivision (5) of this subsection. 6 
(7)  The association may install EVSE or both EVSE and an EVSE TOU 7 
meter in the common element or limited common element for the use of all 8 
unit owners in the association and, in that case, the association shall develop 9 
appropriate terms of use for the EVSE. 10 
(8)  Subject to subdivision (3) of this subsection, an association may 11 
create a new parking space where one did not previously exist to facilitate the 12 
installation of an EVSE. 13 
(9)  An association that intentionally violates this subsection shall be 14 
liable to the applicant unit owner or other party for actual damages and shall 15 
pay a civil penalty to the applicant unit owner or other party in an amount not 16 
to exceed $1,000.00. 17 
(10)  In any action by a unit owner requesting to have an EVSE installed 18 
and seeking to enforce compliance with this section, the prevailing plaintiff 19 
shall be awarded reasonable attorney’s fees. 20  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
Sec. 23.  19 V.S.A. § 2908 is added to read: 1 
§ 2908.  PUBLIC EVSE; REQUIRED FORMS OF PAYMENT 2 
All EVSE available to the public that requires payment for use shall accept 3 
credit cards for payment of all applicable charges and fees in addition to any 4 
other form of payment accepted by the EVSE. 5 
* * * State Rights-of-Way * * * 6 
Sec. 24.  USE OF STATE-OWNED RIGHTS-OF-WAY; REVENUE  7 
               GENERATION; PARKING; EVSE 8 
(a)(1)  The Secretary of Transportation shall develop a comprehensive map 9 
of utilities located within State-owned rights-of-way in Vermont and determine 10 
whether the State is receiving compensation for the location of utilities within 11 
State-owned right-of-way. 12 
(2)  The Secretary of Transportation shall develop a plan for the State to 13 
begin receiving compensation for the ongoing location of utilities within State-14 
owned rights-of-way and for increasing the amount of compensation received 15 
in relation to utilities located in State-owned right-of-way for which the State 16 
is already receiving compensation. 17 
(3)  On or before January 15, 2026, the Secretary shall submit a written 18 
report detailing the Secretary’s findings pursuant to subdivision (1) of this 19 
subsection and plan pursuant to subdivision (2) of this subsection to the House 20  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
and Senate Committees on Transportation, the House Committee on Ways and 1 
Means, and the Senate Committee on Finance. 2 
(b)(1)  The Agency of Transportation shall, if adequate space exists within a 3 
State-owned right-of-way that is located within a downtown and village center 4 
identified by the regional planning commission pursuant to 24 V.S.A. § 4348a, 5 
permit the creation of on-street parking within that right-of-way. 6 
(2)  The Agency of Transportation shall identify locations for the 7 
colocation of electrical vehicle supply equipment and on-street parking for all 8 
State-owned rights-of-way that are: 9 
(A)  located within a downtown and village center identified by a 10 
regional planning commission pursuant to 24 V.S.A. § 4348a; 11 
(B)  either have existing on-street parking or are sufficiently wide to 12 
accommodate on-street parking; and 13 
(C)  have three-phase power located within or adjacent to the State-14 
owned right-of-way. 15 
* * * Bicycles * * * 16 
Sec. 25.  23 V.S.A. § 1139 is amended to read: 17 
§ 1139.  RIDING ON ROADWAYS AND BICYCLE PATHS 18 
(a)  A person Due care and riding on the right.  An individual operating a 19 
bicycle upon a roadway shall exercise due care when passing a standing 20 
vehicle or one proceeding in the same direction.  Bicyclists generally shall ride 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
as near to the right side of the improved area of the highway right-of-way as is 1 
safe, except that a bicyclist: 2 
(1)  Shall ride to the left or in a left lane when: 3 
(A)  preparing for a left turn at an intersection or into a private 4 
roadway or driveway; 5 
(B)  approaching an intersection with a right-turn lane if not turning 6 
right at the intersection; or 7 
(C)  overtaking another vulnerable user. 8 
(2)  May ride to the left or in a left lane when taking reasonably 9 
necessary precautions to avoid hazards or road conditions.  Examples include 10 
objects on the road, parked or moving vehicles, pedestrians, animals, surface 11 
conditions that may impair the bicyclist’s stability, or safety hazards caused by 12 
a narrow road or steep embankment, road geometry, or unfavorable 13 
atmospheric conditions. 14 
(b)  Persons riding Riding two abreast.  Individuals operating bicycles upon 15 
a roadway may not ride more than two abreast except on paths or parts of 16 
roadways set aside for the exclusive use of bicycles or except as otherwise 17 
permitted by the Commissioner of Public Safety in connection with a public 18 
sporting event in which case the Commissioner shall be authorized to adopt 19 
such rules as the public good requires.  Persons Individuals riding two abreast 20  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
shall not impede the normal and reasonable movement of traffic and, on a 1 
laned roadway, shall ride within a single lane. 2 
(c)  Obedience to traffic-control devices and traffic-control signals.  An 3 
individual operating a bicycle shall follow all traffic-control devices and 4 
traffic-control signals governing motor vehicles with the following exceptions:   5 
(1)  Stop sign or flashing red signal.   6 
(A)  An individual operating a bicycle approaching a stop sign or a 7 
traffic-control signal where a red lens is illuminated with rapid intermittent 8 
flashes shall: 9 
(i)  slow down;  10 
(ii)  if required to avoid an immediate hazard, stop pursuant to 11 
subsection 1048(b) of this title; and 12 
(iii)  yield the right-of-way to any vehicle in the intersection or 13 
approaching on another intersecting highway so closely as to constitute an 14 
immediate hazard during the time the bicyclist will be within the intersection. 15 
(B)  If an individual operating a bicycle meets the requirements of 16 
subdivision (A) of this subdivision (c)(1), the individual may cautiously make 17 
a turn or proceed through the intersection without stopping.  18 
(2)  Pedestrian-control devices and pedestrian-control signals.  An 19 
individual operating a bicycle while crossing an intersection may follow 20 
pedestrian-control devices and pedestrian-control signals when present except 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
where otherwise indicated by traffic-control devices and traffic-control signals 1 
and provided that the bicyclist shall yield to pedestrians in the crosswalk. 2 
(d)  Riding on a partially controlled access highway. Bicycles may be 3 
operated on the shoulders of partially controlled access highways, which are 4 
those highways where access is controlled by public authority but where there 5 
are some connections with selected public highways, some crossings at grade, 6 
and some private driveway connections.  The Traffic Committee may 7 
determine that any portion of these highways is unsafe and therefore closed to 8 
bicycle operation.  9 
* * * Municipal Resiliency Funding and Assistance * * * 10 
Sec. 26.  MUNICIPAL HIGHWAY AND STORMWATER MITIGATION 11 
              PROGRAM; ADDITIONAL FUNDING 12 
The sum of $7,143,000.00 is appropriated from the Transportation Fund to 13 
the Municipal Highway and Stormwater Mitigation Program in fiscal year 14 
2026 to support the provision of additional grants for projects designed to 15 
improve flood resiliency, including culvert resizing, culvert replacement, and 16 
stormwater management. 17 
* * * Education Transportation * * * 18 
Sec. 27.  EDUCATION TRANSPORTATION COST; STUDY; REPORT 19 
(a)  The Secretary of Transportation, in consultation with the Secretary of 20 
Education, school districts, and supervisory unions, shall examine the actual 21  BILL AS INTRODUCED 	H.426 
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VT LEG #380552 v.2 
costs and the cost-efficiency of providing school-related transportation to 1 
Vermont public school students. 2 
(b)  The Secretary of Transportation shall specifically examine: 3 
(1)  to the extent data is available, the total cost, the cost per mile, the 4 
cost per passenger, and the cost per passenger mile for school-related 5 
transportation on a district or supervisory union basis, as well as on a regional 6 
and statewide basis; 7 
(2)  if data related to the information required under subdivision (1) of 8 
this subsection is not available, the Secretary shall select three school districts 9 
or supervisory unions that are diverse with respect to their location, size, and 10 
population density and determine the total cost, the cost per mile, the cost per 11 
passenger, and the cost per passenger mile of the school-related transportation 12 
provided in each of the districts or supervisory unions;  13 
(3)  potential opportunities to utilize public transit to reduce the total 14 
cost, the cost per mile, the cost per passenger, and the cost per passenger mile 15 
of education-related transportation in Vermont; 16 
(4)  potential issues that could prevent the utilization of public transit to 17 
reduce the cost of education-related transportation in Vermont, including 18 
restrictions on federal funding, capital expenses, and requirements of State or 19 
federal law; and 20  BILL AS INTRODUCED 	H.426 
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(5)  anticipated advantages and disadvantages of utilizing public transit 1 
to reduce the cost of education-related transportation in Vermont. 2 
(c)  On or before January 15, 2026, the Secretary of Transportation shall 3 
submit a written report to the House and Senate Committees on Education and 4 
on Transportation regarding the Secretary’s findings pursuant to subsection (b) 5 
of this section and any recommendations for legislative action. 6 
* * * First-Time Car Buyer Workshops * * * 7 
Sec. 28.  FIRST-TIME CAR BUYER WORKSHOPS 8 
The sum of $15,000.00 is appropriated to the Agency of Transportation for 9 
the provision, in cooperation with community action agencies, of first-time car 10 
buyer workshops to educate new Americans and disadvantaged Vermonters 11 
about the process for buying a motor vehicle and incentives that are available 12 
to assist with the purchase of a motor vehicle. 13 
* * * Effective Date * * * 14 
Sec. 29.  EFFECTIVE DATE 15 
This act shall take effect on passage. 16