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1 H.101
2 Introduced by Representatives Burke of Brattleboro, Stebbins of Burlington,
3 Anthony of Barre City, Bartholomew of Hartland, Bluemle of
4 Burlington, Brown of Richmond, Campbell of St. Johnsbury,
5 Carroll of Bennington, Casey of Montpelier, Christie of
6 Hartford, Cina of Burlington, Coffey of Guilford, Cole of
7 Hartford, Cordes of Lincoln, Demrow of Corinth, Dodge of
8 Essex, Dolan of Essex Junction, Elder of Starksboro, Goldman
9 of Rockingham, Headrick of Burlington, Houghton of Essex
10 Junction, James of Manchester, Jerome of Brandon, Kornheiser
11 of Brattleboro, Krasnow of South Burlington, Lalley of
12 Shelburne, LaLonde of South Burlington, Logan of Burlington,
13 Long of Newfane, Masland of Thetford, McCarthy of St.
14 Albans City, Mrowicki of Putney, Mulvaney-Stanak of
15 Burlington, Nicoll of Ludlow, Notte of Rutland City, Ode of
16 Burlington, Patt of Worcester, Pouech of Hinesburg, Priestley
17 of Bradford, Rachelson of Burlington, Rice of Dorset, Sheldon
18 of Middlebury, Sims of Craftsbury, Stone of Burlington, Toleno
19 of Brattleboro, and Torre of Moretown
20 Referred to Committee on
21 Date:
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1 Subject: Transportation; transportation planning; climate; greenhouse gas
2 emissions; federal funding; regional transportation climate initiative;
3 Transportation and Climate Initiative Program; feebates; high-
4 consumption fuel users; plug-in electric vehicles (PEVs); electric
5 vehicle supply equipment (EVSE); vehicle incentive programs;
6 Incentive Program for New PEVs; Replace Your Ride Program;
7 eBike Incentive Program; Mobility and Transportation Innovation
8 Grant Program; public transit; complete streets; Vermont State
9 Standards; Amtrak; zero-fare
10 Statement of purpose of bill as introduced: This bill proposes to:
11 (1) require the Agency of Transportation to present a written plan with
12 recommendations on how to fund State efforts to reduce greenhouse gas
13 emissions and increase access to higher-efficiency, lower-cost transportation
14 options;
15 (2) create the Legislative Regional Transportation Climate Initiative
16 Working Group to study regional climate initiatives such as the Transportation
17 and Climate Initiative Program;
18 (3) implement a self-funded feebate program based on pleasure car
19 efficiency;
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1 (4) require the Agency of Transportation to assess motor vehicle fuel
2 use in Vermont in order to identify the most effective actions to transition
3 operators to plug-in electric vehicles;
4 (5) appropriate money for the Mobility and Transportation Innovation
5 Grant Program, Bicycle and Pedestrian Program, and eBike Incentive Program;
6 (6) require the Agency of Transportation to provide a written
7 recommendation on a dedicated funding source for the local match required of
8 public transit providers in Vermont;
9 (7) make modifications to the Incentive Program for New PEVs and
10 Replace Your Ride Program and the annual reporting requirements for the
11 State’s motor vehicle incentive programs;
12 (8) amend the State’s transportation planning policy related to
13 greenhouse gas emissions and infrastructure resilience;
14 (9) update the State’s complete streets policy and require the Agency of
15 Transportation to provide municipalities with training on complete streets;
16 (10) require the Agency of Transportation to update the Vermont State
17 Standards;
18 (11) require the Agency of Transportation to work with Amtrak, and
19 other entities, on certain modifications to Amtrak service in Vermont; and
20 (12) appropriate money to maintain zero-fare service on all urban public
21 transit routes.
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1 An act relating to transportation initiatives to reduce carbon emissions
2 It is hereby enacted by the General Assembly of the State of Vermont:
3 * * * Short Title; Legislative Findings * * *
4 Sec. 1. SHORT TITLE
5 This act may be cited as the Transportation Affordability Act of 2023.
6 Sec. 2. LEGISLATIVE FINDINGS
7 (a) Inaction on the part of government has led to a successively warmer
8 planet than was previously predicted. It is unequivocal that human influence
9 has warmed the atmosphere, ocean, and land and that widespread and rapid
10 changes in the atmosphere, ocean, cryosphere, and biosphere have occurred.
11 The scale of recent changes is unprecedented, and human-induced climate
12 change is already affecting many weather and climate extremes in every region
13 across the globe.
14 (b) Global surface temperature will continue to increase until at least the
15 mid-21st century, and global warming of 2°C will be exceeded during the 21st
16 century unless deep reductions in carbon dioxide (CO2) and other greenhouse
17 gas emissions occur in the coming decades. While irreversible damage has
18 already occurred, it is not too late to act to avoid human-induced damage that
19 will be considerably worse than the damage that has already been caused.
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1 (c) Limiting human-induced global warming to a specific level requires
2 limiting cumulative CO2 emissions and reaching at least net zero CO2
3 emissions, along with strong reductions in other greenhouse gas emissions.
4 (d) The transportation sector generates approximately 40 percent of the
5 State’s greenhouse gas emissions, which makes it the greatest contributor to
6 the greenhouse gas emissions in Vermont.
7 (e) Research has shown that rural Vermonters have the most to gain from
8 higher-efficiency, lower-cost transportation options.
9 (f) The State cannot afford to leave Vermonters behind in the transition to
10 clean, renewable energy, and the programmatic decisions that will make
11 significant reductions in the State’s climate pollution must prioritize those
12 most impacted by current inequities and the future consequences of the climate
13 crisis.
14 (g) Vermont can and should provide leadership to demonstrate how even a
15 small state can reduce greenhouse gas emissions and increase access to higher
16 efficiency, lower-cost transportation options.
17 (h) Through State fiscal year 2023, Vermont has appropriated more than
18 $205,000,000.00 in one-time federal funding from the American Rescue Plan
19 Act of 2021, Pub. L. No. 117-2 (ARPA) and more than $63,700,000.00 in one-
20 time General Fund monies for climate action initiatives.
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1 (i) From federal fiscal year 2022 through federal fiscal year 2026, Vermont
2 expects to receive approximately $1,700,000,000.00 in formula funding for
3 transportation from the Infrastructure Investment and Jobs Act, Pub. L. No.
4 117-58 (IIJA). This anticipated formula funding includes approximately
5 $21,200,000.00 for plug-in electric vehicle charging infrastructure,
6 approximately $32,800,000.00 for carbon reduction programs, and
7 approximately $37,300,000.00 for climate resilience. In addition to these
8 formula funds, Vermont will be eligible to apply for numerous competitive
9 federal grant opportunities for specific activities and projects related to climate
10 action initiatives.
11 (j) The State will need to strategically fund efforts to transition Vermont’s
12 transportation sector and for transportation initiatives that will reduce
13 greenhouse gas emissions once the available federal monies are depleted,
14 including the possibility that federal formula funds will not remain at the
15 current levels authorized under the IIJA.
16 (k) As Vermont’s Transportation Fund revenues begin to drop due to the
17 antiquated gas tax and evolution of higher efficiency vehicles, Vermont needs
18 to explore new revenue streams to finance all transportation needs, whether it
19 is for roads, transit, plug-in electric vehicle infrastructure, or bike and
20 pedestrian programs.
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1 * * * Plan for Future Fiscal Years * * *
2 Sec. 3. PLAN FOR FUTURE STATE FISCAL YEARS
3 (a) On or before January 15, 2024, the Agency of Transportation shall
4 present a written plan to the House and Senate Committees on Appropriations
5 and on Transportation, the House Committee on Ways and Means, and the
6 Senate Committee on Finance with a recommendation, or recommendations,
7 on how to fund State efforts to reduce greenhouse gas emissions and increase
8 access to higher-efficiency, lower-cost transportation options at a pace
9 necessary to achieve the reduction requirements enacted in 10 V.S.A. § 578.
10 (b) The written plan shall cover both how to best utilize federal funding
11 made available to Vermont through the Infrastructure Investment and Jobs Act,
12 Pub. L. No. 117-58 and what options the State has, including the addition of a
13 new funding source, for after any nonrecurring federal funding made available
14 through the American Rescue Plan Act of 2021, Pub. L. No. 117-2 (ARPA)
15 and the Infrastructure Investment and Jobs Act, Pub. L. No. 117-58 (IIJA) is
16 depleted.
17 (c) The written plan shall expand upon the work that has already been
18 done, and will continue to be done, by the Agency and its consultants to secure
19 federal funding under the Carbon Reduction Program and develop the State’s
20 Carbon Reduction Strategies.
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1 * * * Regional Transportation Climate Initiative * * *
2 Sec. 4. LEGISLATIVE COMMITTEE ON A REGIONAL
3 TRANSPORTATION CLIMATE INITIATIVE; REPORT
4 (a) Finding. The General Assembly finds that efforts are underway among
5 legislators in several New England states to revive a regional transportation
6 climate initiative that would cut greenhouse gas emissions from the
7 transportation sector while at the same time provide funding for transforming
8 the transportation system to low carbon options.
9 (b) Creation. There is created the Legislative Regional Transportation
10 Climate Initiative Working Group to study regional transportation climate
11 initiatives such as the Transportation and Climate Initiative Program (TCI-P)
12 and make recommendations on legislative action related to Vermont’s
13 participation in a regional transportation climate initiative.
14 (c) Membership. The Working Group shall be composed of the following
15 members:
16 (1) two current members of the House of Representatives who shall be
17 appointed by the Speaker of the House; and
18 (2) one current member of the Senate who shall be appointed by the
19 Committee on Committees.
20 (d) Powers and duties. The Working Group shall study regional
21 transportation climate initiatives such as TCI-P by:
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1 (1) reviewing the December 2020 memorandum of understanding for
2 TCI-P;
3 (2) receiving two updates—not later than June 15, 2023 and November
4 1, 2023—on the State’s development of Carbon Reduction Strategies as
5 required to secure federal funding under the Carbon Reduction Program;
6 (3) attending regional meetings on regional transportation climate
7 initiatives such as TCI-P;
8 (4) soliciting public testimony through public hearings and written
9 comments on regional transportation climate initiatives such as TCI-P; and
10 (5) consulting with legislators and organizations in New England about
11 regional transportation climate initiatives such as TCI-P, including ways to
12 collaborate.
13 (e) Assistance. For purposes of scheduling meetings and preparing
14 recommended legislation and a written report, the Working Group shall have
15 the assistance of the Office of Legislative Operations, the Office of Legislative
16 Counsel, and the Joint Fiscal Office.
17 (f) Report. On or before December 15, 2023, the Working Group shall
18 submit a written report to the House Committees on Environment and Energy
19 and on Transportation and the Senate Committees on Natural Resources and
20 Energy and on Transportation with its findings and any recommendations for
21 legislative action. At a minimum, the report shall include:
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1 (1) a brief summary of what the Working Group learned through
2 participation in regional meetings, through public hearings and the review of
3 written comments, and from other legislators and organizations in New
4 England;
5 (2) a recommendation on whether or not the Working Group should
6 remain in existence;
7 (3) a determination on any areas of participation in a regional
8 transportation climate initiative that need clarification, including requisite
9 legislative action needed for Vermont to enter into an agreement to participate
10 in a regional transportation climate initiative;
11 (4) a recommendation on the percentage of monies received through
12 participation in a regional transportation climate initiative that should go to
13 disadvantaged communities;
14 (5) a recommendation on a definition of disadvantaged communities;
15 (6) a recommendation on what entity should review and approve the
16 distribution of monies received through participation in a regional
17 transportation climate initiative; and
18 (7) a recommendation on legislation to be enacted in 2024, if applicable.
19 (g) Meetings.
20 (1) The Senator appointed by the Committee on Committees shall call
21 the first meeting of the Working Group to occur on or before August 1, 2023.
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1 (2) The Working Group shall select a chair from among its members at
2 the first meeting.
3 (3) A majority of the membership of the Working Group shall constitute
4 a quorum.
5 (4) The Working Group shall identify regional meetings on a regional
6 transportation climate initiative such as TCI-P and shall ensure that a quorum
7 of the Working Group attends up to six regional meetings on a regional
8 transportation climate initiative such as TCI-P.
9 (5) Notwithstanding any contrary provision of the Vermont Open
10 Meeting Law (1 V.S.A. chapter 5, subchapter 2), that a quorum of the Working
11 Group attends a regional meeting shall not cause the regional meeting to
12 otherwise be open to the public.
13 (6) The Working Group shall cease to exist on July 1, 2024.
14 (h) Compensation and reimbursement. For attendance at meetings during
15 adjournment of the General Assembly, a legislative member of the Working
16 Group serving in the member’s capacity as a legislator shall be entitled to per
17 diem compensation and reimbursement of expenses pursuant to 2 V.S.A. § 23
18 for not more than six regional meetings, for not more than three public
19 hearings, and for not more than three additional meetings. These payments
20 shall be made from monies appropriated to the General Assembly.
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