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1 S.64
2 Introduced by Senators White and Hardy
3 Referred to Committee on
4 Date:
5 Subject: Motor vehicles; noise; exhaust; exhaust system modification;
6 emissions; idling; car seats; child restraint systems; seatbelts; safety
7 belts; bicycle safety; pedestrian safety; highway access; transportation
8 planning; Vermont Climate Action Plan (CAP); Comprehensive
9 Energy Plan (CEP); emissions modeling; trees; replanting; State
10 highway right-of-way; landscaping; streetscaping; vehicle weights;
11 permits; noise abatement; Type II Noise Abatement Program
12 Statement of purpose of bill as introduced: This bill proposes to make
13 miscellaneous changes to laws related to vehicles, infrastructure, and
14 transportation planning.
15 An act relating to miscellaneous changes related to vehicles, infrastructure,
16 and transportation planning
17 It is hereby enacted by the General Assembly of the State of Vermont:
18 * * * Motor Vehicle Noise; Motor Vehicle Exhaust;
19 Exhaust System Modifications * * *
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1 Sec. 1. 23 V.S.A. § 1221 is amended to read:
2 § 1221. CONDITION OF VEHICLE; EXCESSIVE NOISE; EXCESSIVE
3 EXHAUST EMISSIONS
4 (a) A motor vehicle, operated on any highway, shall be in good mechanical
5 condition and shall be properly equipped.
6 (b)(1) An individual shall not operate a motor vehicle with an exhaust
7 system that has been modified when the result of that modification is the:
8 (A) amplification or increase of noise emitted by the motor above
9 that emitted by the muffler originally installed on the vehicle; or
10 (B) emission of increased exhaust fumes.
11 (2) An individual who violates subdivision (1) of this subsection shall be
12 subject to a civil penalty of not less than:
13 (A) $100.00 for a first violation;
14 (B) $200.00 for a second violation; and
15 (C) $350.00 for a third or subsequent violation.
16 (3) It shall be a defense to a violation of subdivision (1)(A) of this
17 subsection if a muffler or exhaust system of a motor vehicle does not emit
18 noise in excess of 95 decibels as measured in accordance with SAE
19 International (SAE) standard J1492, as amended, or any subsequent standard
20 developed and implemented by SAE. Measurements must be made by a
21 participating certified inspection station.
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1 (c) A motor vehicle equipped or modified as described in subdivision
2 (b)(1) of this section shall not pass an inspection required under section 1222
3 of this title.
4 * * * Idling; Motor Vehicle Exhaust; Public Outreach * * *
5 Sec. 2. IDLING; MOTOR VEHICLE EXHAUST; PUBLIC OUTREACH
6 CAMPAIGN
7 (a) The Department of Environmental Conservation, Air Quality and
8 Climate Division, in consultation with the Departments of Motor Vehicles and
9 of Public Safety, shall implement a public outreach campaign on idling and
10 modified exhaust systems that, at a minimum, addresses that:
11 (1) in most cases, idling violates 23 V.S.A. § 1110;
12 (2) in most cases, modifying an exhaust system in a way that increases
13 the emission of exhaust fumes, including to roll coal, violates 23 V.S.A.
14 § 1221;
15 (3) unnecessary idling or rolling coal, or both, harms human health,
16 pollutes the air, wastes fuel and money, and causes excess engine wear;
17 (4) based on estimates, if every motor vehicle in Vermont reduced
18 unnecessary idling by just one minute per day, over the course of a year
19 Vermonters would save over 1,000,000 gallons of fuel and over $3,000,000.00
20 in fuel costs, and Vermont would reduce CO2 emissions by more than 10,000
21 metric tons; and VT LEG #364843 v.3
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1 (5) while individual actions may be small, the cumulative impacts of
2 idling are large.
3 (b) The public outreach campaign shall disseminate information on idling
4 and modifying the exhaust system of a motor vehicle to increase the emission
5 of exhaust fumes through e-mail; a dedicated web page on idling that is linked
6 through the websites for the Agency of Natural Resources and the Departments
7 of Environmental Conservation, of Motor Vehicles, and of Public Safety;
8 social media platforms; community posting websites; radio; television; and
9 printed written materials.
10 * * * Child Restraint Systems * * *
11 Sec. 3. 23 V.S.A. § 1258 is amended to read:
12 § 1258. CHILD RESTRAINT SYSTEMS; PERSONS INDIVIDUALS
13 UNDER AGE 18 YEARS OF AGE
14 (a) No person individual shall operate a motor vehicle, other than a type I
15 school bus, in this State upon a public highway unless every occupant under
16 age 18 years of age is properly restrained in a federally approved child
17 passenger restraining system as defined in 49 C.F.R. § 571.213, as may be
18 amended, or a federally approved safety belt, as follows:
19 (1) all children a child under the age of one and all children year of age
20 or weighing less than 20 pounds, regardless of age, shall be restrained in a
21 rear-facing position, properly secured in a federally approved child passenger VT LEG #364843 v.3
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1 restraining system, which shall not be installed in front of an active air bag and
2 shall, if possible, be installed in a rear seat of the motor vehicle;
3 (2) a child weighing more than 20 pounds, and who is at least one year
4 of age or older and under the age of eight years of age, shall be restrained in a
5 child passenger restraining system properly secured in a federally approved
6 child passenger restraining system, which shall not be installed in front of an
7 active air bag and shall, if possible, be installed in a rear seat of the motor
8 vehicle; and
9 (3)(A) a child eight through 17 years of age shall be restrained in a
10 safety belt system that is used according to the manufacturer’s specifications,
11 including the use of a shoulder strap, as applicable, or a child passenger
12 restraining system properly secured in a federally approved child passenger
13 restraining system, which shall not be installed in front of an active air bag and
14 shall, if possible, be installed in a rear seat of the motor vehicle; and
15 (B) a child under 13 years of age shall always, if possible, ride in a
16 rear seat of the motor vehicle.
17 (b) A person An individual shall not be adjudicated in violation of this
18 section if:
19 (1) the motor vehicle is regularly used to transport passengers for hire,
20 except a motor vehicle owned or operated by a child care child-care facility;
21 (2) the motor vehicle was manufactured without safety belts; or VT LEG #364843 v.3
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1 (3) the person individual has been ordered by an enforcement officer, a
2 firefighter, or an authorized civil authority to evacuate persons individuals
3 from a stricken area.
4 (c) The civil penalty for violation of this section shall be as follows:
5 (1) $25.00 for a first violation;
6 (2) $50.00 for a second violation; and
7 (3) $100.00 for third and subsequent violations.
8 Sec. 4. CHILD RESTRAINT SYSTEMS; PUBLIC OUTREACH
9 CAMPAIGN
10 (a) The Department of Health, in consultation with the Governor’s
11 Highway Safety Program, shall implement a public outreach campaign on car
12 seat safety that builds upon the current Be Seat Smart Program; utilizes
13 materials on child safety prepared by the U.S. Department of Transportation,
14 Traffic Safety Marketing; is consistent with the recommendations from the
15 American Academy of Pediatrics in the Child Passenger Safety Policy
16 Statement published in 2018; and educates Vermonters on 23 V.S.A. § 1258 as
17 amended by Sec. 3 of this act.
18 (b) The public outreach campaign shall disseminate information on car seat
19 safety through e-mail; a dedicated web page on car seat safety that is linked
20 through the websites for the Agency of Transportation and the Department of
21 Health; social media platforms; community posting websites; radio; television;
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1 and printed written materials that, at a minimum, shall be delivered to all
2 pediatricians, obstetricians, and midwives licensed in the State and all Child
3 Safety Seat Inspection Stations in the State.
4 * * * Bicyclist and Pedestrian Highway Access * * *
5 Sec. 5. PEDESTRIAN AND BICYCLE ACCESS TO BE PROVIDED NOT
6 LATER THAN DECEMBER 1, 2023
7 (a) As used in this section, “highways” means all nonlimited access State
8 highways and class 1 and 2 town highways, including shoulders.
9 (b) The Agency shall make all highways safe for bicycle and pedestrian
10 use.
11 (c) The Agency shall ensure that all paved sections of highways that are not
12 adequately served by pedestrian paths and bicycle paths or bicycle lanes shall
13 be marked on the pavement and with signage indicating the portion of the
14 highways that bicyclists and pedestrians should occupy not later than
15 December 31, 2023.
16 (d) The Agency shall ensure that portions of highways not scheduled for
17 repaving until after fiscal year 2024 or any portions scheduled for repaving
18 where paving of the shoulder has been deemed cost prohibitive shall be made
19 safe for bicyclists and pedestrians by doing one or more of the following not
20 later than December 31, 2023:
21 (1) narrowing the travel lane and expanding the shoulder;
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1 (2) creating a paved shoulder; or
2 (3) lowering the speed limit.
3 (e) Pursuant to 19 V.S.A. § 2310, the Agency shall ensure that as many
4 portions of highways as possible have paved shoulders, which under 19 V.S.A.
5 § 2301(3) are considered bicycle lanes, with the goal of having such paved
6 shoulders along as many highways as possible as portions of highways are
7 repaved.
8 * * * General Statement of Policy; Transportation Planning * * *
9 Sec. 6. 19 V.S.A. § 10b is amended to read:
10 § 10b. STATEMENT OF POLICY; GENERAL
11 (a) The Agency shall be the responsible agency of the State for the
12 development of transportation policy. It shall develop a mission statement to
13 reflect:
14 (1) that State transportation policy shall be to encompass, coordinate,
15 and integrate all modes of transportation and to consider “complete streets”
16 principles, which are principles of safety and accommodation of all
17 transportation system users, regardless of age, ability, or modal preference; and
18 (2) the need for transportation projects that will improve the State’s
19 economic infrastructure, as well as the use of resources in efficient,
20 coordinated, integrated, cost-effective, and environmentally sound ways, and
21 that will be consistent with the recommendations of the Comprehensive VT LEG #364843 v.3
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1 Energy Plan (CEP) issued under 30 V.S.A. § 202b, the recommendations of
2 the Vermont Climate Action Plan (CAP) issued under 10 V.S.A. § 592, and
3 any rules adopted in accordance with 10 V.S.A. § 593;
4 (3) the need for the Agency to lead, assist, and partner in the
5 transformation of the transportation sector to meet the emissions reduction
6 requirements of the Global Warming Solutions Act, codified at 10 V.S.A.
7 § 578, and ensure that there is an environmentally clean, efficient, multimodal
8 system that will have economic, environmental, equity, and public health
9 benefits for all Vermonters; and
10 (4) the importance of transportation infrastructure resilience and
11 strategies to construct or retrofit, or both, transportation infrastructure to
12 prepare for and adapt to changes in the climate; add redundancy and efficiency
13 to the transportation network; and use maintenance and operational strategies
14 to address transportation disruptions.
15 (b) The Agency shall coordinate planning and education efforts with those
16 of the Vermont Climate Change Oversight Committee Council, established
17 under 10 V.S.A. § 591, and those of local and regional planning entities to:
18 (1) to ensure that the transportation system as a whole is integrated,; that
19 access to the transportation system as a whole is integrated,; and that statewide,
20 local, and regional conservation and efficiency opportunities and practices are
21 integrated; and VT LEG #364843 v.3
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1 (2) to support employer-led or local or regional government-led
2 conservation, efficiency, rideshare, and bicycle programs and other innovative
3 transportation advances, especially employer-based incentives.
4 (c) In developing the State’s annual Transportation Program, the Agency
5 shall, consistent with the planning goals listed in 24 V.S.A. § 4302 as amended
6 by 1988 Acts and Resolves No. 200 and with appropriate consideration to
7 local, regional, and State agency plans:
8 (1) Develop or incorporate designs that provide integrated, safe, and
9 efficient transportation and that are consistent with the recommendations of the
10 CEP and the CAP.
11 ***
12 Sec. 7. 19 V.S.A. § 10i is amended to read:
13 § 10i. TRANSPORTATION PLANNING PROCESS
14 (a) Long-range systems plan. The Agency shall establish and implement a
15 planning process through the adoption of a long-range multi-modal multimodal
16 systems plan integrating all modes of transportation. The long-range multi-
17 modal multimodal systems plan shall be based upon Agency transportation
18 policy developed under section 10b of this title; other policies approved by the
19 General Assembly; Agency goals, mission, and objectives; demographic and
20 travel forecasts; design standards; performance criteria; and funding
21 availability. The long-range systems plan shall be developed with participation VT LEG #364843 v.3
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1 of the public and local and regional governmental entities and pursuant to the
2 planning goals and processes set forth in 1988 Acts and Resolves No. 200.
3 The plan shall be consistent with the Comprehensive Energy Plan (CEP) issued
4 under 30 V.S.A. § 202b and the Vermont Climate Action Plan (CAP) issued
5 under 10 V.S.A. § 592.
6 ***
7 (c) Transportation Program. The Transportation Program shall be
8 developed in a fiscally responsible manner to accomplish the following
9 objectives:
10 (1) managing, maintaining, and improving the State’s existing
11 transportation infrastructure to provide capacity, safety, and flexibility, and
12 resiliency in the most cost-effective and efficient manner;
13 (2) developing an integrated transportation system that provides
14 Vermonters with transportation choices;
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 the CAP; and
18 (5) transforming the transportation sector to meet the State’s emissions
19 reduction requirements and ensure that there is an environmentally clean,
20 efficient, multimodal system that will have economic, environmental, equity,
21 and public health benefits for all Vermonters.
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1 ***
2 (f) Emissions modeling.
3 (1)