2011 Legislative Report

by Ed Miller, VTBA lawyer and lobbyist

After four months of hard work, our legislature concluded its 2011 session about 5:30 Friday afternoon, May 6.  Absent a special session, which would be unusual, legislators won’t return to Montpelier until January of 2012, when the second year of the biennium will begin.  Although the emphasis was on budgetary and healthcare items, legislative committees mulled over some 600 House and Senate bills which were introduced. A relatively low number, about 70, were passed into law this year, but those not acted on carry over to 2012.

For members of the Vermont Truck & Bus Association, it was a good year, particularly if measured by our traditional “yardsticks”, avoiding unnecessary taxes and fees, and burdensome rules and regulations.

Notwithstanding a very difficult financial situation, we survived the 2011 session without an increase in truck or bus registration fees, fuel taxes, or fines or penalties.  The only negative to the financial picture was the transfer of some $4 million from the state transportation fund to the general fund…basically to help balance the books.  We’ve seen these transfers before, usually from the transportation fund to the general fund, and they are usually paid back.  Given the on-going infrastructure needs, it’s up to groups like VTBA to lobby the legislature for return of this money, and its sole use for highway and bridge projects benefitting Vermont’s motoring public.

Probably the most significant bill which passed this year was S.49, which allows trucks weighing up to 99,000 lbs. on the interstate, with special permit, once the Congress authorizes it.  Everyone will recall the pilot project authorized by Congress during 2010, which allowed heavier trucks on interstates in Maine and Vermont.   S.49 is designed to allow those additional weights, without further legislative approval in Vermont, once Congress approves the heavier weight limits.   Hopefully that will occur later this year….but there is opposition to the plan in Washington, particularly if the increased weight limits are allowed nationwide.

S.94 contains several provisions of interest, including a provision that the statutory BAC levels required for civil license suspensions for truck and bus drivers are lowered to .04 and .02, respectively.  Inspection, sticker, title, and security interest provisions are also addressed.  Application fees and procedures for obtaining ignition interlock restricted drivers licenses (not available to dl holders) are set out in the bill.  Finally, the bill removes the requirement that a driver physically surrender his or her license in the event of a suspension or revocation.

H.443 enacts this year’s highway and bridge construction program, authorizes some new projects, deletes some old (and unbuilt) projects, and makes miscellaneous changes in statutes relating to transportation.

Well drillers might want to take a look at S.77, which sets up new well drilling and testing requirements for private water sources.  Among other things, any groundwater being used as a new potable water supply may be subject to additional testing requirements.  The bill also requires the health department to revise and update its educational materials regarding the potential health effects of contaminants in groundwater, and to increase awareness of the need to conduct testing of groundwater prior to actual use.

H.198 enacts a requirement that the needs of all highway users… motorists, bicyclists, public transportation users, pedestrians, etc., be considered and accommodated in both state and locally managed transportation projects.

Although not truck and bus specific, it would be hard to overlook legislative action on H.202, which is the first step toward comprehensive and mandated health care coverage for Vermonters.  Although the dollars and specifics haven’t yet been worked out, implementation of H.202 will require a good deal of legislative and administrative time and effort in the future.  The goal is to have a comprehensive and uniform healthcare plan in effect by 2015.  Whether, in the end, this plan will cost Vermonters more, or less, than the current system of healthcare was debated for months this winter in Montpelier, and the debate will undoubtedly continue on for several years.

Bottom line…universal and comprehensive healthcare is out of the starting blocks, but a long way from the finish line.

Finally, a note on a couple of bills which didn’t pass, and which will carry over to the 2012 legislative session.  H.154 and S.81 are old friends: restrictions on truck idling.  Our longtime position is that we will participate and support reasonable anti-idling legislation for all vehicles, but that it’s unfair to focus solely on trucks.  Vermont is the only New England state without comprehensive idling legislation, and we’ve been under pressure for years to enact something.  I’d suggest getting “out front” on this issue during the course of 2011, in an effort to educate our members on the issue….as well as giving some political “cover” to legislators who think a private solution, rather than a state mandate, is the way to go.  I’ll have some specific suggestions on this, and how we might move forward with an effort, at our meeting in June.

Thanks to those, including president Roland Bellavance, who helped with the legislative effort this session.  It is appreciated.

Best wishes to you all.  Have a great summer!