Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The department of public works, hereinafter referred to as the "department", is hereby authorized and directed to expend a sum not to exceed nine hundred and thirteen million dollars and the metropolitan district commission, hereinafter referred to as the "commission", is hereby authorized and directed to expend a sum not to exceed thirty-three million dollars for the following purposes:

Projects for the laying out, construction, reconstruction, resurfacing, relocation or improvement of highways, bridges, bicycle paths or facilities, parking facilities, auto-restricted zones, scenic easements, grade crossing eliminations and alterations of other crossings, traffic safety devices on state highways and on roads constructed under the provisions of section thirty-four of chapter ninety of the General Laws, highway or mass transportation studies, including without limitation, traffic environmental or parking studies, establishment of school zones in accordance with section seventeen of said chapter ninety, improvements on routes not designated as state highways without assumption of maintenance responsibilities, and notwithstanding any law to the contrary, projects to alleviate the contamination of public and private water supplies caused by the department's storage and use of snow removal chemicals which are necessary for the purposes of highway safety, and for the relocation of persons or businesses, or replacement of dwellings or structures including, without limitation, the provision of last resort housing under federal law and such functional replacement of structures in public ownership as may be necessary for the foregoing purposes and for relocation benefits to the extent necessary to satisfy the requirements of the Uniform Relocation Assistance and Real Property Acquisition Act, 42 USC 4601 et. seq., and to sell, at public or private sale, any structure the title to which has been acquired for highway purposes. When dwellings or other structures are removed, in furtherance of any of the foregoing projects, the excavations or cellar holes remaining shall be filled in and brought to grade within one month.

Funds authorized by this section shall, except as otherwise specifically provided in this act, be subject to the provisions of the first paragraph of section six and sections seven and nine of chapter seven hundred and eighteen of the acts of nineteen hundred and fifty-six and, notwithstanding any law to the contrary, may be used for the purposes stated in this act in conjunction with funds of cities, towns, and any political subdivision of the commonwealth.

In carrying out the provisions of this section the department may enter into such contracts or agreements as are appropriate with other state, local or regional public agencies or authorities. In relation to such agreements between the department and other state agencies or authorities, the department is hereby authorized to and may advance to such agencies or authorities, without prior expenditure by such agencies or authorities, monies necessary to carry out such agreements; provided, however, the department certifies to the comptroller the amounts so advanced; provided further, that such agreement contains provisions satisfactory to the department for the accounting of such monies as expended by said agency or authority; and provided, further, that all monies not expended under such agreement be credited to the account of the department from which it was advanced.

In addition to the foregoing the department is further authorized:

(1) to expend funds made available by this act to acquire from any person land or rights in land by lease, purchase, eminent domain under the provisions of chapter seventy-nine of the General Laws, or otherwise for parking facilities adjacent to any public way, to be operated by the department or under contract with any person; and

(2) to expend funds made available by this act for the acquisition of van-type vehicles used for multipassenger, commuterdriven carpools; and

(3) to exercise all powers and do all things necessary and convenient to carry out the purpose of this act.

SECTION 1A. None of the funds authorized for expenditure by the commission under section one shall be expended until sixty days after the governor submits to the clerk of the senate, the clerk of the house of representatives, the senate committee on ways and means, the house committee on ways and means, the joint committee on transportation, and the inspector general a report which describes the improvements made in the commission's management capabilities in accordance with a comprehensive improvement plan, and which demonstrates that the commission has the necessary technical, managerial, and financial capability to execute one or more projects to be funded under this act and to maintain such projects in good repair. Within thirty days after receiving said report, the inspector general shall provide his written comments thereon to the clerk of the senate, the clerk of the house of representatives, the senate committee on ways and means, the house committee on ways and means, and the joint committee on transportation.

SECTION 2. Amounts authorized by section one of this act shall be available for expenditure and shall be allocated on the accounting records of the comptroller to the department as follows:

(a) a sum not to exceed three hundred million dollars to the department for projects, pursuant to the provisions of section one, on the interstate federal aid highway system;

(b) a sum not to exceed five hundred and forty million dollars to the department for projects, pursuant to the provisions of section one, on the federal aid highway system, other than interstate;

(c) a sum not to exceed sixty million dollars to the department for engineering and other consultant services essential to the purposes and projects authorized by this section; provided, however, that a sum of not less than three million dollars of this amount shall be expended for salaries of engineering employees of the department, other than engineers appointed as provided in this section; and provided, further, that the commissioner of public works may appoint, without regard to chapter thirty-one of the General Laws or any collective bargaining agreement pursuant to chapter one hundred and fifty E of the General Laws, persons qualified as described herein to serve in engineering and construction inspection titles of the department as specified herein. Except as otherwise specified herein, following appointment under this paragraph, no such person shall be subject to the provisions of said chapter thirty-one; and no such person shall be terminated or otherwise removed from such position as a result, directly or indirectly, of the establishment or operation of any civil service list pursuant to said chapter thirty-one. Employees of the department who meet the qualifications stated herein shall be eligible to apply for promotion to a position governed by this paragraph, such promotion to be deemed an "appointment" for purposes of this paragraph. Any employee previously holding a position in the department who is terminated from any position under this paragraph shall be restored to his previous title. All appointments under this paragraph shall be terminated prior to any reduction in force of department employees due to lack of work, lack of funding for positions subject to said chapter thirty-one, or abolition of positions subject to said chapter thirty-one.

(1) The commissioner may appoint to serve as junior civil engineers in the department persons, not to exceed a total of one hundred in any fiscal year, who have received the degree of bachelor of science in an appropriate engineering discipline from an accredited college or university. Following their appointment, persons appointed under this subparagraph shall be subject to all other applicable provisions of any collective bargaining agreement under said chapter one hundred and fifty E, but shall not be subject to any provisions of said chapter thirty-one except as otherwise specified below. Within one year of their appointment, persons appointed under this subparagraph shall have secured certification as an engineer-in-training by the board of registration of professional engineers and land surveyors under the provisions of section eighty-one of chapter one hundred and twelve of the General Laws. Following their appointment, persons appointed under this subparagraph shall be eligible to take, and shall take, the next promotional civil service examination for the title of junior civil engineer held more than one year following their appointment. If the employee secures certification as an engineer-in-training, and passes the promotional civil service test, such employee shall be appointed as a permanent junior civil engineer in the order of his ranking on the applicable promotional civil service list, and the provisions of said chapter thirty-one shall thereafter apply to such employee. If such a person appointed under this subparagraph fails to pass the engineer-in-training examination within one year of his appointment, or to take or pass the first promotional examination held more than one year following his appointment, the commissioner shall, notwithstanding the provisions of chapter thirty-one or any collective bargaining agreement, terminate the employment of such person.

(2) The commissioner may appoint persons qualified in construction inspection to serve temporarily as junior engineering aids, senior engineering aids, general construction inspectors, or senior general construction inspectors, for the purpose of construction inspection of department projects. The total number of appointments under this subparagraph shall not exceed one hundred and fifty at any one time. Notice of the availability of positions under this subparagraph shall be given to qualified employees of the department. At least forty per cent of the total appointments under this subparagraph shall be posted within the department in accordance with the posting provision of the applicable collective bargaining agreement, and shall be offered to qualified employees of the department, whose applications shall be considered in accordance with the promotional criteria contained in the applicable collective bargaining agreement. Following their appointment, persons appointed under this subparagraph, notwithstanding said chapter thirty-one or any applicable collective bargaining agreement, shall be considered temporary, and may be continued as construction inspectors on other department projects or terminated because of reduced need for construction inspectors; provided, that, in the event of a reduction in force because of reduced need for construction inspectors, persons appointed under this subparagraph shall be laid off in accordance with the layoff and recall provisions of the applicable collective bargaining agreement, except that seniority and bumping rights for purposes of such layoffs shall be determined only with respect to other persons appointed under this subparagraph, and recall rights shall extend only to the temporary positions established herein.

(3) The commissioner may appoint, to serve in any civil engineering title in the department at the assistant, senior, principal, associate, or supervising level, for the purposes of planning, preliminary engineering, and final engineering of department projects, any person who (i) holds a permanent position in the department in the next title lower than the position applied for, in the same or a similar career ladder, and who is qualified by training and experience for said position; or (ii) has received the degree of bachelor of science in an appropriate engineering or environmental discipline from an accredited college or university, and has been certified as an engineer-in-training or a registered professional engineer by the board of registration of professional engineers and land surveyors under the provisions of section eighty-one of chapter one hundred and twelve of the General Laws. The total number of appointments under this subparagraph shall not exceed one hundred at any one time; and after one hundred such appointments have been made, additional appointments may be made under this subparagraph only to fill vacancies created by termination of appointments previously made under this subparagraph. The total number of appointments under this subparagraph shall include no more than fifty-two appointments at the assistant level, thirty-six at the senior level, twenty at the principal level, twelve at the associate level, and four at the supervising level. Notice of availability of positions under this subparagraph shall be given to qualified employees of the department. At least one-quarter of the appointments under this subparagraph at each level shall be posted within the department in accordance with the posting provision of the applicable collective bargaining agreement, and shall be offered to qualified employees of the department, whose applications for such positions shall be considered in accordance with the promotional criteria contained in the applicable collective bargaining agreement. Following their appointment, persons appointed under this subparagraph shall be eligible to take, and shall take, the first promotional civil service examination for the title to which they have been appointed held more than one year following their appointment; provided, that prior to such examination, there shall have been added to the schedule of permanent offices and positions approved by the joint committee on ways and means, as it exists on the effective date of this act, a number of permanent positions within the department in said title equal to the number of persons appointed in said title under this subparagraph who are taking such examination, which additional permanent positions shall be filled from the civil service list to be established on the basis of such examination. In the event that the number of persons appointed in said title under this subparagraph exceeds the number of permanent positions added to the schedule as provided in the preceding sentence, persons appointed under this subparagraph shall be eligible to take the promotional examination to the extent of the available additional positions in the order of their appointment. If the employee passes such promotional examination, such employee shall be appointed as permanent in such title in the order of his or her ranking on the applicable civil service list, without regard to requests for lateral transfers to such positions under any applicable collective bargaining agreement, and the provisions of chapter thirty-one shall thereafter apply to such employee. Until such time as a person appointed under this subparagraph may be permanently appointed to the title as a result of such promotional examination; or if such person fails to take or fails to pass the first promotional examination for which he or she is eligible held more than one year following his or her appointment; the commissioner may, notwithstanding chapter thirty-one or any collective bargaining agreement, terminate the employment of such person in his sole discretion. No appointments may be made under this subparagraph after September thirtieth, nineteen hundred and ninety. Persons appointed under this subparagraph who have not, on or before September thirtieth, nineteen hundred and ninety, either been permanently appointed from an applicable civil service list or taken a promotional civil service examination, shall be terminated from positions established under this subparagraph. Termination under the preceding sentence shall be deemed to be a layoff due to reduction in force under the layoff and recall provisions of the applicable collective bargaining agreement, and such persons shall be laid off in accordance with such provisions, except that an employee laid off under the preceding sentence may not bump any employee of the department holding a position subject to chapter thirty-one.

Nothing in this section shall be construed to relieve the department of any appointment obligations pursuant to any relevant court orders or consent decrees. To the extent practicable, preference in initial appointments made pursuant to this section shall be given first to disabled veterans as defined in section one of said chapter thirty-one; second to veterans as defined in said section one of said chapter thirty-one; and third to all other qualified persons. The commissioner of the department shall institute appropriate recruitment procedures to effectuate the purposes of this paragraph.

(d) a sum not to exceed twelve million dollars to the department for direct expenses in connection with research and planning projects and work to be done on a cooperative basis with educational institutions and other state, regional and federal agencies;

(e) a sum not to exceed one million dollars for administrative and engineering expenses directly attributable to the purposes and projects authorized by section one.

SECTION 3. In addition to the funds and purposes authorized by section one of this act, the department is hereby authorized and directed to expend the following sums:

(a) a sum not to exceed three million dollars for the acquisition and improvement of maintenance sites, including the construction of sanitary facilities, the erection of protective fences, and the construction of salt storage sheds; provided, however, that the department shall make available to cities and towns a sum of two million dollars for the construction of salt storage sheds;

(b) a sum not to exceed twenty-five million dollars for the design and reconstruction of, and improvements to state highway bridges and other bridges; provided, however, that notwithstanding the provisions of any other law to the contrary, the provisions of section forty of chapter one hundred and thirty-one of the General Laws and sections sixty-one and sixty-two of chapter thirty of the General Laws shall not apply to the repair, reconstruction or replacement of existing state highway bridges and other bridges in which the design is substantially the functional equivalent of, and in similar alignment to, the structure to be reconstructed or replaced; provided, further, that the provisions of sections eleven, twelve, twelve A, and fourteen of chapter ninety-one of the General Laws shall not apply to bridge projects of the department; provided, further, that in case of any state highway or other bridge crossing over a railroad right-of-way or railroad tracks, the department shall seek the opinion of any railroad company operating on said track of a desirable clearance between said track and the state highway bridge, but said clearance shall be at the discretion of the department; provided, further, that the department may enter upon any land or premises of a railroad company for such purposes as it may deem necessary or convenient to carry out the provisions of this act; and provided, further, that the department shall develop and utilize, whenever feasible, a standard bridge design for reconstruction of such bridges;

(c) a sum not to exceed one hundred million dollars for the design and construction, repair or improvement to non-federally reimbursable projects; provided, however, that the secretary of the executive office of transportation and construction is hereby authorized and directed to expend a sum not to exceed three million five hundred thousand dollars for the purpose of determining the feasibility of the design and construction of a deck in the air rights over that portion of the Southeast Expressway, Routes I-93 and I-95, that runs through East Milton Square in the town of Milton.

(d) a sum not to exceed sixty million dollars for projects for construction and reconstruction of town and county ways under subdivision (a) of clause (2) of section thirty-four of chapter ninety of the General Laws; provided, however, that the department shall certify to the comptroller the amount to be apportioned to each city and town; and provided, further, that said apportionments shall be a direct grant to each city and town which shall not require the prior expenditure of any funds by any city or town as a condition for receipt of any such direct grant;

(e) a sum not to exceed five million dollars for non-federal aid highway expenditures which are potentially reimbursable by the federal government;

(f) a sum not to exceed one million dollars to alleviate the contamination of public or private water supplies caused by the department's storage and use of snow removal chemicals which are necessary for the purposes of highway safety;

(g) a sum not to exceed twenty-five million dollars for the design and construction of roads, roadways and any other transportation-related public works projects deemed necessary for economic development by the secretary of transportation upon the petition of the appropriate local executive government body. Said twenty-five million dollars shall be expended in accordance with the provisions of chapter nineteen of the acts of nineteen hundred and eighty-three;

(h) a sum not to exceed six million dollars for the construction and reconstruction of or alteration and improvements to the department's garages and maintenance shops. Notwithstanding any general or special law to the contrary, such projects shall be carried out by the department;

(i) a sum not to exceed five million dollars for the purpose of implementing the provisions of section thirty-two of chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three;

(j) a sum not to exceed three million dollars for laying out, construction, reconstruction or other improvement of bicycle paths and facilities;

(k) a sum not to exceed one million dollars for capital projects necessary for the provision of boat services for commuter operations;

(l) a sum not to exceed five million dollars for the design and construction in the town of Wareham of a District 7 office, so-called;

(m) a sum not to exceed ten million dollars for the acquisition, by eminent domain under the provisions of chapter seventy-nine or by purchase or otherwise, of land or rights in land within or adjacent to public ways for the purpose of restoring, preserving, or enhancing areas of scenic beauty or special environmental value. Such acquisition shall be made following consultation with the secretary of environmental affairs and appropriate advisory committees and with the prior approval of the house and senate committees on ways and means.

(n) a sum not to exceed one million dollars to establish a program to assist towns with populations of fifteen thousand or less undertaking projects to construct, reconstruct, widen, resurface, rehabilitate, and otherwise improve roads, highways, and bridges within the commonwealth that provide access to state-owned land. Said program shall provide grant funds to towns for projects authorized by this section. Towns shall be eligible to receive only one grant and the amount of any such grant shall not exceed two hundred thousand dollars.

In carrying out the provisions of this section, the department may enter into such contracts or agreements as are appropriate with other state, local or regional public agencies, authorities, or political subdivisions, which are hereby granted the authority to enter into such contracts or agreements with the department; and may enter into appropriate agreements with private persons. In relation to such agreements between the department and other state agencies or authorities, the department is hereby authorized to and may advance to such agencies or authorities, without prior expenditure by such agencies or authorities, monies necessary to carry out such agreements; provided, however, that the department certifies to the comptroller the amounts so advanced; provided further, that such agreement contain provisions satisfactory to the department for the accounting of such monies as expended by said agency or authority; and provided, further, that all monies not expended under such agreement be credited to the account of the department from which it was advanced. The commissioner of said department shall prepare and file semi-annual reports with the house and senate committees on ways and means and the joint committee in transportation detailing the expenditures made under the provisions of this program.

SECTION 4. Pursuant to the provisions of section one, the department is hereby authorized and directed to expend a sum not less than two hundred million dollars for projects in the following four areas: not less than fifty million dollars in the counties of Berkshire, Hampden, Hampshire and Franklin; not less than fifty million dollars in the counties of Norfolk and Worcester; not less than fifty million dollars in the counties of Essex and Middlesex and not less than fifty million dollars in the counties of Barnstable, Bristol, Dukes, Nantucket and Plymouth.

SECTION 5. No payment in excess of one hundred thousand dollars by way of purchase of real estate or any interest therein shall be made by the department and no settlements in excess of one hundred thousand dollars and in excess of the amount recommended by the real estate review board established by section six of chapter seven hundred and eighteen of the acts of nineteen hundred and fifty-six shall be made out of court for damage recoverable under chapter seventy-nine of the General Laws, by reason of a purchase or taking under this act or under chapter six hundred and seventy-nine of the acts of nineteen hundred and sixty-five or chapter six hundred and sixteen of the acts of nineteen hundred and sixty-seven or chapter seven hundred and sixty-eight of the acts of nineteen hundred and sixty-nine or chapter seven hundred and sixty-five of the acts of nineteen hundred and seventy-two or chapter eight hundred and fifty-nine of the acts of nineteen hundred and seventy-five or chapter three hundred and fifty-six of the acts of nineteen hundred and seventy-seven or chapter four hundred and eighty of the acts of nineteen hundred and seventy-nine or chapter seven hundred and thirty-two of the acts of nineteen hundred and eighty-one or chapter three hundred and thirty-five of the acts of nineteen hundred and eighty-two or chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three. Each recommendation of the real estate review board shall be in writing and shall be accompanied by a written statement of the reasons for such recommendation.

No settlement by reason of taking under this act or under said chapters six hundred and seventy-nine, six hundred and sixteen, seven hundred and sixty-eight, seven hundred and sixty-five, eight hundred and fifty-nine, three hundred and fifty-six, four hundred and eighty, seven hundred and thirty-two, three hundred and thirty-five, six hundred and thirty-seven in excess of one hundred thousand dollars and in excess of the recommendation of the real estate review board, shall be made by agreement of the parties during or after trial except with the written approval of the court; provided, however, that the settlements in excess of the recommendation of the board may be made without such approval if the settlement does not exceed the amount of any verdict or finding which may have been rendered, together with interest and costs.

SECTION 6. The department may provide functional replacement of real property in public ownership whenever the department has acquired such property under the provisions of this act as a result of a highway or highway-related project and whenever the department determines such functional replacement is made necessary by such project and is in the public interest. Functional replacement is defined as the replacement of real property, either land or facilities or both, which will provide equivalent utility.

Whenever the department determines it is necessary that any utility, as defined in 23 USC 123, is required to be relocated because of construction of a project authorized under the provisions of this act which is to be reimbursed federally in whole or in part, then such facilities shall be relocated by the owner thereof in accordance with the order of the department; provided, however, that the commonwealth may reimburse the owner of such utility facility for the "cost relocation" as such cost is defined in said 23 USC 123; and provided, further, that any relocation of facilities carried out under this section which is not performed by employees of the owner shall be subject to the provisions of section twenty-seven of chapter one hundred and forty-nine of the General Laws.

SECTION 7. Any amounts made available by sections one and three of this act or heretofore made available by section one of chapter six hundred and sixteen of the acts of nineteen hundred and sixty-seven and section one of chapter seven hundred and sixty-eight of the acts of nineteen hundred and sixty-nine and sections one and four of chapter seven hundred and sixty-five of the acts of nineteen hundred and seventy-two and sections six and eight of chapter eight hundred and fifty-nine of the acts of nineteen hundred and seventy-five and sections one and two of chapter three hundred and fifty-six of the acts of nineteen hundred and seventy-seven and sections one and two A of chapter four hundred and eighty of the acts of nineteen hundred and seventy-nine and sections fifteen and seventeen of chapter seven hundred and thirty-two of the acts of nineteen hundred and eighty-one and section one of chapter three hundred and thirty-five of the acts of nineteen hundred and eighty-two and sections one and three of chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three shall be available for expenditure until June thirtieth, nineteen hundred and ninety.

SECTION 8. Notwithstanding the provisions of any other law to the contrary, the department is hereby authorized and directed to take all necessary actions to secure federal highway or mass transportation assistance which is or may become available to said department, including, without limitation, actions authorized under or in compliance with the provisions of Title 23 of the United States Code and section one hundred and forty-five of the Surface Transportation Assistance Act of 1982, PL 97-424, and actions such as filing applications for federal assistance, supervising the expenditure of funds under federal grants or other assistance agreements, and making any determinations and certifications necessary or appropriate to the foregoing. If any federal law, administrative regulation or practice requires any action relating to such federal assistance to be taken by any department, agency or other instrumentality of the commonwealth other than said department, such other department, agency or instrumentality is hereby authorized and directed to take such action.

In furtherance of the foregoing purposes, said department shall apply for and accept any federal funds available for projects authorized in sections one and three of this act and such federal funds when received shall be credited to the Federal Highway Construction Program Fund. To meet a portion of the expenditures authorized by sections one and three, there is hereby appropriated from the Federal Highway Construction Program Fund a sum of seven hundred and eleven million dollars which shall be expended, subject to the limitation contained in Article LXXVIII of the Amendments to the Constitution and which shall be in addition to the amounts appropriated in section six of chapter six hundred and seventy-nine of the acts of nineteen hundred and sixty-five, section seven of chapter six hundred and sixteen of the acts of nineteen hundred and sixty-seven, section six of chapter seven hundred and sixty-seven, section six of chapter seven hundred and sixty-eight of the acts of nineteen hundred and sixty-nine, section six of chapter seven hundred and sixty-five of the acts of nineteen hundred and seventy-two, section eleven of chapter eight hundred and fifty-nine of the acts of nineteen hundred and seventy-five, section eight of chapter three hundred and fifty-six of the acts of nineteen hundred and seventy-seven, section eight of chapter four hundred and eighty of the acts of nineteen hundred and seventy-nine, section twenty-three of chapter seven hundred and thirty-two of the acts of nineteen hundred and eighty-one, section one of chapter three hundred and thirty-five of the acts of nineteen hundred and eighty-two and section one of chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three.

SECTION 9. To meet a portion of the expenditures necessary in carrying out the provisions of sections one and three, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of four hundred and eighty-five million dollars, to be in addition to bonds authorized to be issued and sold in section eleven of chapter six hundred and sixteen of the acts of nineteen hundred and sixty-seven, section nine of chapter seven hundred and sixty-five of the acts of nineteen hundred and seventy-two, section fourteen of chapter eight hundred and fifty-nine of the acts of nineteen hundred and seventy-five, section nine of chapter three hundred and fifty-six of the acts of nineteen hundred and seventy-seven, section nine of chapter four hundred and eighty of the acts of nineteen hundred and seventy-nine, section twenty-four of chapter seven hundred and thirty-two of the acts of nineteen hundred and eighty-one, section two of chapter three hundred and thirty-five of the acts of nineteen hundred and eighty-two and section ten of chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three. All bonds issued by the commonwealth as aforesaid shall be designated on their face the words, Highway Improvement Loan, Act of 1985 and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments of the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and ten. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund.

Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 10. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purpose of meeting payments authorized by this act and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June thirtieth, nineteen hundred and ninety-eight.

Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth. All payments on account of principal on the notes allocable to the Federal Highway Construction Program Fund shall be repaid from said Fund.

SECTION 11. The secretary of transportation and construction is hereby authorized and directed to expend a sum not to exceed two million dollars for the purposes of further implementing the provisions of section thirteen of chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three.

SECTION 12. To meet the expenditures necessary in carrying out the provisions of section eleven the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding, in the aggregate, the sum of two million dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Mobility Assistance Program Loan, Act of 1985 and shall be issued for such maximum term of years, not exceeding five years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, nineteen hundred and ninety-three. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provision of this act, be general obligations of the commonwealth.

SECTION 13. There is hereby appropriated a sum of two million dollars from the General Fund, for the continued implementation of emergency measures to alleviate traffic congestion and continue traffic management measures on the Southeast Expressway, Route 3, and Route 128. Said amount shall be held in a reserve account under the control of the secretary of transportation and construction. Said secretary is authorized, with the prior approval of the commissioner of administration, to transfer amounts from said reserve account to the appropriate accounts of the agencies and authorities within the executive office of transportation and construction in order to carry out the purposes of this section, provided that all future towing contracts are competitively bid.

Said secretary shall prepare and file semi-annual reports with the house and senate committees on ways and means and the joint committee on transportation detailing expenditures by item from this reserve.

SECTION 14. The secretary of transportation and construction is hereby authorized and directed to expend a sum not to exceed five million dollars for the purposes set forth in section three of chapter one hundred and sixty-one D of the General Laws.

Said secretary shall prepare a report semi-annually detailing revenues and expenditures under said program and file the same with the house and senate committees on ways and means and the joint committee on transportation within thirty days after each filing period.

SECTION 15. To meet the expenditures necessary in carrying out the provisions of section fourteen of this act, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of five million dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face the words, Intercity Bus Capital Assistance Loan, Act of 1985 and shall be issued for such maximum term of years not exceeding ten years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, nineteen hundred and ninety-eight. All interest and payments on account of principal of such obligations shall be payable from the Intercity Bus Capital Assistance Program Fund to the extent that there are funds available therein for such payments. Notwithstanding the foregoing, bonds and the interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

Said bonds shall not be subject to section fifty-three of chapter twenty-nine of the General Laws.

SECTION 16. The Massachusetts aeronautics commission is hereby authorized and directed to expend a sum not to exceed three million three hundred thousand dollars for the purpose of airport systems improvement and development in the commonwealth, for payments, reimbursements or both to cities, towns and counties for planning, design and construction of airports pursuant to sections thirty-nine F and fifty-one K of chapter ninety of the General Laws, for providing navigational aids pursuant to section forty of chapter ninety of the General Laws and for the purpose of implementing the provisions of section thirty-nine of chapter ninety of the General Laws. Sums authorized by this section shall be in addition to any prior sums authorized for such purposes; provided further that of the above amount said commission is hereby authorized and directed to expend a sum not to exceed five hundred thousand dollars for the purpose of establishing and administering an airport safety and maintenance program to assist in the maintenance and repair of airports in the Massachusetts airports system plan, excluding those airports owned and operated by the Massachusetts Port Authority.

The commission shall establish rules and regulations governing this program, which shall include a provision that the commonwealth's share of the total cost of each project shall not exceed seventy per cent.

SECTION 16A. To meet the expenditures necessary in carrying out the provisions of section sixteen, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth to an amount to be specified by the governor from time to time, but not exceeding in the aggregate, the sum of three million three hundred thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Airport Capital Outlay Loan, Act of 1985, and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and ten. All interest and payments on account of principal of such obligations shall be payable from the General Fund. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 17. There is hereby appropriated from the Passenger Rail Transportation Fund, established under the provisions of paragraph (a) of section two of chapter eight hundred and fifty-nine of the acts of nineteen hundred and seventy-five, the sum of three million dollars for the purchase, rehabilitation, design and construction of such rail rights of way, stations, maintenance facilities and related facilities as are necessary for restoring passenger rail service between Attleboro and Cape Cod.

SECTION 18. The secretary of transportation and construction is hereby authorized and directed to expend a sum not to exceed seventeen million dollars for the purpose of implementing the provisions of chapter one hundred and sixty-one C of the General Laws.

SECTION 18A. The secretary of transportation and construction is hereby authorized and directed to expend a sum not to exceed one million five hundred thousand dollars for passenger rail improvements to the so-called Inland Route in the town of Framingham. Said improvements shall be in addition to those provided for in section twenty-eight of chapter seven hundred and thirty-two of the acts of nineteen hundred and eighty-one.

SECTION 19. To meet the expenditures necessary for carrying out the provisions of sections eighteen and eighteen A of this act, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth, in an amount to be specified by the governor from time to time but not exceeding in the aggregate eighteen million five hundred thousand dollars; provided, however, that proceeds not to exceed thirteen million five hundred thousand dollars of such bonds shall be expended only for passenger rail transportation purposes; and provided, further, that proceeds not to exceed five million dollars of such bonds shall be expended only for freight rail purposes.

All bonds issued by the commonwealth as aforesaid shall be designated on their face, Rail Transportation Loan, Act of 1985 and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and ten. All interest and payments on account of principal of such obligations shall be payable from the General Fund.

Bonds and the interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 20. There is hereby appropriated from the General Fund the sum of five hundred thousand dollars to provide financial assistance for the continued operation of rail freight services on lines acquired by the commonwealth or on lines over which any railroads corporation may operate. The secretary of transportation and construction may expend said sum for said purposes, which shall be in addition to any other sums made available for this purpose.

SECTION 21. The provisions of section thirty-two of this act shall not affect the civil service status, seniority, retirement, or any other rights of any employee of the department who, on April eleventh, nineteen hundred and seventy-eight, held a permanent appointment under chapter thirty-one or had tenure under the provisions of sections nine A, nine B, or nine D of chapter thirty, in the position of highway engineer, district highway engineer, highway and structures engineer or bridge engineer.

SECTION 22. The proceeds of three hundred and eighty-four million eight hundred eighty thousand dollars of additional bond authorization provided under section thirty-five of this act shall be expended for the capital needs of the authority, including but not limited to the following: (a) purchase, long term leasing and rehabilitation of rolling stock, (b) construction, rehabilitation and expansion of shops and carhouses, (c) commuter rail improvements, (d) subway construction and subway structural and ventilation improvements, (e) system wide track and power improvements, (f) station expansion, modernization and improvements, (g) plant and facility improvements and material and equipment procurements, and (h) construction of rapid transit or steel wheeled surface lines.

The Massachusetts Bay Transportation Authority shall on or before a date set by the secretary of the executive office of transportation and construction, no later than December thirty-first, nineteen hundred and eighty-six, and annually thereafter, prepare and submit to the house and senate committees on ways and means a report detailing expenditures made for the purposes enumerated above. In addition, said report shall contain statements which include the authorized, unissued, and outstanding bonds and notes of the authority at the end of the preceding fiscal year, an estimate of the amount of said bonds and notes at the end of the current fiscal year, and an estimate of amount of said bonds and notes, including the amount to be sold, retired or refinanced, at the end of the subsequent fiscal year and shall indicate the source of revenues to finance such bonds and notes, including any financial assistance from the commonwealth, such as guarantees, contract assistance, or other such assistance.

SECTION 23. The secretary of the executive office of transportation and construction, is hereby authorized to establish a program to provide capital assistance funds to regional transit authorities organized pursuant to the provisions of chapter one hundred and sixty-one B of the General Laws. Funds provided for this purpose shall be awarded to regional transit authorities for capital projects; said projects shall be limited to purchase of vehicles and engineering, design, acquisition or construction of facilities. Said secretary shall make, and from time to time revise, guidelines for the allocation and distribution of capital assistance funds made available for this purpose among the regional transit authorities; provided, however, that ninety per cent of such funds shall be expended only for projects for which the regional transit authority has agreements with the federal government providing for funds of at least three-quarters of the estimated eligible cost of such projects or for expenditures that are preliminary to obtaining federal funds. Said secretary shall report to the house and senate committees on ways and means no later than December thirty-first, nineteen hundred and eighty-six and thereafter annually on the status of the program.

SECTION 23A. The executive office of transportation and construction is hereby directed to expend a sum not to exceed four million dollars for the purposes set forth in section twenty-three of this act. To meet said expenditures, the state treasurer shall upon the request of the governor, issue and sell at public or private sale, bonds or notes of the commonwealth, registered or with interest coupons attached, as the treasurer may deem best, to an amount specified by the governor from time to time, but not exceeding in the aggregate, four million dollars. All bonds or notes issued by the commonwealth as aforesaid shall be designated on their face by the words Regional Transit Authority Capital Assistance Program Loan, act of nineteen hundred and eighty-five and shall be issued for such maximum term of years, not exceeding twenty years, as the governor may recommend to the general court pursuant to Section 3 of the Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and ten. Bonds and interest thereon issued under the authority of this section shall, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 24. The department of public works, notwithstanding any other special or general law to the contrary, is hereby authorized and directed to expend a sum not to exceed ten million dollars for the purchase of heavy maintenance fleet equipment.

SECTION 25. To meet the expenditures necessary in carrying out the provisions of section twenty-four, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding in the aggregate the sum of ten million dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face Heavy Maintenance Fleet Equipment Loan, Act of 1985, and shall be issued for such maximum term of years, not exceeding ten years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June thirtieth, one thousand nine hundred and ninety-six. All interest and payments on account of principal of such obligation shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 25A. Notwithstanding the provisions of section fifteen of chapter five hundred and ninety-eight of the acts of nineteen hundred fifty-eight or any other law inconsistent with the provisions of this section, the commonwealth or any political subdivision thereof, or any authority or other public instrumentality may lay out and construct as a state highway an additional harbor crossing within one mile downstream from the center line of either the Sumner or the Callahan tunnel, provided that such additional crossing may be operated by the Authority as part of an integrated system of tunnels and shall be opened for traffic only after one of the following conditions has been met:

(a) The commonwealth has paid to the Massachusetts Turnpike Authority, in this section called the Authority, an amount sufficient to redeem the bonds and interim receipts which have been issued and which are outstanding under said chapter five hundred and ninety-eight as of the date on which any such crossing is opened for traffic;

(b) The commonwealth has set aside in trust for the benefit of the bondholders a sufficient amount of funds for the payment of all such bonds and interim receipts and the interest thereon to the maturity thereof; or

(c) The commonwealth has entered into an agreement with the Authority which provides that if, at any time after such crossing is opened for traffic, the Authority determines that the revenues of the Sumner-Callahan tunnels are not sufficient to provide for the payment of current expenses, to make deposits to the credit of the Replacement Reserve Fund and to make deposits to the credit of the Sinking Fund in accordance with Section 501(d) of the Trust Agreement Relating to Tunnel Revenue Bonds by and between the Massachusetts Turnpike Authority and the First National Bank of Boston, as Trustee, dated as of April first, nineteen hundred and fifty-nine, then in such event (i) the Authority shall certify to the state treasurer the amount of such insufficiency which is not attributable to loss of revenue from major maintenance on, damage or injury to, or destruction of the Sumner-Callahan tunnels or any part thereof; (ii) upon any such certification, the commonwealth shall pay to the Authority the amount so certified; (iii) the obligation of the commonwealth to make any such payment to the Authority pursuant to such agreement shall be in the nature of a contractual obligation pledging the full faith and credit of the commonwealth, and shall be enforceable as a contract of the commonwealth by the Authority, or on behalf of the Authority, by any holder or holders of the tunnel revenue bonds then outstanding or by the trustee under said trust agreement securing such bonds; and (iv) whenever the commonwealth shall make any payments to the Authority pursuant to the agreement entered into as provided in this paragraph, the Authority shall review the schedule of tolls then being charged for the use of the Sumner-Callahan tunnels, and whenever it shall appear necessary, revise such tolls, as provided in Section 501 of said trust agreement. For the purposes of any such review or revision, the Authority shall include, as revenues within the meaning of said trust agreement, only that portion of such payment which is attributable to an insufficiency of revenues resulting from a decrease in traffic which otherwise would have used the Sumner-Callahan tunnels but for the operation of any such additional crossing.

SECTION 26. Whenever such bonds and interim receipts have been redeemed as provided in section twenty-five A of this act, or whenever the commonwealth has established said trust for the purpose set forth in said section twenty-five A or whenever such bonds and interim receipts and the interest thereon shall otherwise have been paid, title to the control over the Sumner-Callahan tunnels shall pass to the commonwealth as provided in section sixteen of said chapter five hundred and ninety-eight.

SECTION 27. The secretary of the executive office of transportation and construction is hereby authorized and directed to develop, in cooperation with the city of Boston and representatives of affected neighborhoods and commercial areas, a planning and design process for the development of air-rights to be created as a result of the proposed Central Artery project, which process shall assure that (i) future uses of said Central Artery air-rights are environmentally sound and compatible with the character of the neighborhoods, historic districts and commercial areas traversed, and (ii) priority in planning, design and development is accorded to neighborhoods and businesses affected by the Central Artery project. The secretary of the executive office of transportation and construction shall seek the establishment of any financing and development mechanisms and procedures determined to be necessary to facilitate the development of Central Artery air-rights in accordance with the results of the planning and design process.

SECTION 28. The secretary of transportation and construction is hereby authorized and directed to undertake a study for the purpose of recommending to the General Court the method or methods by which the commonwealth should finance its share of the proposed Central Artery/Third Harbor Tunnel project, so-called.

Said secretary is further authorized to enter into agreements with the Massachusetts Port Authority and the Massachusetts Turnpike Authority for the performance or funding of such analyses, evaluations or services as he may require for said project.

Said secretary shall submit his recommendations to the clerk of the house of representatives who shall forward said recommendations to the joint committee on transportation on or before December thirty-first, nineteen hundred and eighty-six.

SECTION 29. There is hereby established a special commission on marine transit, comprised of three members of the senate, seven members of the house of representatives, the secretary of the executive office of transportation and construction or his designee, the commissioner of the department of public works or his designee, the commissioner of the metropolitan district commission or his designee, the commissioner of the department of environmental management or his designee, the general manager of the Massachusetts Bay Transit Authority or his designee, the executive director of the Massachusetts Port Authority or his designee, the executive director of the Woods Hole, Martha's Vineyard and Nantucket steamship authority or his designee, and three persons appointed by the governor, for the purpose of conducting an investigation and study relative to the establishment and expansion of marine passenger transportation in the commonwealth. Said investigation and study shall include, but not be limited to, a determination of the feasibility of increased marine commuter service to and from the city of Boston, the accessibility of ground transportation to marine transit facilities, passenger shuttle service between Boston and Logan international airport via Boston harbor, the operation of ferry service as currently provided to Cape Cod, Martha's Vineyard, and Nantucket, the use of navigable rivers for marine passenger service, the means of financing and operating said services, methods of managing marine traffic in the commonwealth, and the effect of expanded marine passenger service upon ground transportation facilities. Said commission shall retain the services of a licensed naval architect and marine engineer who shall, in conjunction with said commission, conduct a comprehensive study of marine transit in the commonwealth and make recommendations thereto to said commission. Said commission shall report the findings of its study and any recommendations for legislation thereto to the clerk of the house of representatives and to the joint committee on transportation on or before the first Wednesday of December, nineteen hundred and eighty-six.

SECTION 30. Any interest earned from the deposit or investment of any funds made available to any city or town under the provisions of clauses (d), (g) and (i) of section three of this act, or paragraph (c) of section seventeen of chapter seven hundred and thirty-two of the acts of nineteen hundred and eighty-one, or paragraph (b) of section one of chapter three hundred and thirty-five of the acts of nineteen hundred and eighty-two, or clause (d) or (h) section three of chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three shall only be used for the purposes that said funds were originally made available to such city or town without further appropriation. This section shall apply to any interest earned after the effective date of this act and also to any interest earned prior to the effective date of this act and still available for expenditure by such city or town. Any interest not so expended shall be returned to the commonwealth.

SECTION 31. The department of public works shall continue its investigation and study relative to the feasibility of increasing the number of lanes on state highway Route 3, a divided highway extending from the New Hampshire border through the town of Burlington, as provided in section fourteen of chapter one hundred and sixty-seven of the acts of nineteen hundred and eighty-four. Said department shall file quarterly reports as to the status of the study and including, but not limited to, an analysis of costs, time tables for completion, the agencies involved and approvals required, with the house and senate committees on ways and means and the joint committee on transportation no later than thirty days after each of said quarters, and provided that the first of said quarterly reports shall be filed no later than January thirtieth, nineteen hundred and eighty-six.

SECTION 32. Chapter 16 of the General Laws is hereby amended by striking out section 4, as appearing in the 1984 Official Edition, and inserting in place thereof the following section:-

Section 4. The commissioner shall appoint and may remove all employees in the department under the public works commission. Except as provided herein or as otherwise provided by law, all such appointments and removals shall be made in accordance with the provisions of chapter thirty-one. From time to time the commissioner may, subject to appropriation and regulation, employ such consultants as he may deem necessary.

The commissioner may appoint and remove without regard to chapter thirty-one, but with the approval of the secretary, a chief engineer; five deputy chief engineers; and assistant chief engineer; a highway and structures engineer; a bridge engineer; highway engineers; district highway engineers; a chief counsel to serve in the office of the commissioner; a director to serve in the division of administrative services; four executive assistants to the commissioner; a personnel director; a director of the right of way bureau; and a director of public information. The total number of appointments to be made by the commissioner under this paragraph shall not exceed thirty-five. No person holding an appointment under this paragraph shall be subject to the provisions of chapter thirty-one or section nine A of chapter thirty. Nothing in this section shall be deemed to exempt the positions named herein from the provisions of sections forty-five to fifty, inclusive, of chapter thirty.

So far as practicable in the judgment of the commissioner, appointments to said positions not classified under chapter thirty-one shall be made by promoting employees of the commonwealth serving in positions so classified. Any person appointed to the position of chief engineer, deputy chief engineer, assistant chief engineer, highway and structures engineer, bridge engineer, highway engineer or district highway engineer, shall be a person of experience and skill as an engineer and shall be (i) an employee of the department holding an office or position classified under said chapter thirty-one with permanent status of senior civil engineer or higher; or (ii) a registered professional engineer; or (iii) a person who has received the degree of bachelor of science in an appropriate engineering discipline from an accredited college or university. Where an employee of the commonwealth having permanent status in a position classified under or having tenure by reason of section nine A of chapter thirty is so promoted to such unclassified position, upon termination of service in such unclassified position the employee shall be restored to the position from which he was promoted; or to a position equivalent thereto in the salary grade in the same state agency; or if he had been promoted in accordance with said chapter thirty-one during promotion in the unclassified position, to the position to which he was so promoted or to a position equivalent thereto in salary grade in the same state agency. In cases of restoration under said chapter thirty-one, or under said section nine A of said chapter thirty, such restoration shall be without impairment of civil service status or tenure under said section nine A, and without loss of the seniority, retirement and other rights to which uninterrupted service in the position would have entitled the employee, provided, however, that if his service in such unclassified position shall have been terminated for cause, the employee's right to be restored shall be determined by section forty-three of said chapter thirty-one. During the period of such appointment the person so appointed shall be eligible to take any competitive promotional examination for which he would otherwise have been eligible.

SECTION 33. Section 29A of chapter 81 of the General Laws, as so appearing, is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The department may lay out or alter ways other than state highways in any county, city or town provided that the county commissioner of the county, or the mayor of the city or the board of selectmen of the town consents thereto. Land or rights in land may be acquired for this purpose by eminent domain under chapter seventy-nine by the department in behalf of the county, city or town in which the land lies. Any person whose property has been taken or injured by any action of said department under authority of this section may recover from the commonwealth under chapter seventy-nine such damages therefor as he may be entitled to. For this purpose the department may use any funds which may be available for highway purposes, including federal aid, and may also use any money appropriated for a county, or by a city or town, toward the damages sustained, provided that the county commissioners, selectmen or mayor have agreed in writing to pay the money thus appropriated upon the order of the department.

SECTION 34. Clause (2) of section 34 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out clauses (i), (j) and (k).

SECTION 34A. Section 5 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out subsections (b) and (c) and inserting in place thereof the following two subsections:-

(b) No real estate shall be sold unless notice of the intent to sell such real estate shall have been given to the advisory board not less than thirty days prior to the date of sale and unless the sale shall have been advertised at least once a week for three successive weeks prior to the date of sale in a newspaper of general circulation in the city or town in which the real property to be sold is located; provided that no such advertising shall be required if a sale or conveyance of such real estate is made to the commonwealth or any political subdivision thereof or to any agency or instrumentality of either of them. Such real property shall, unless sold to the commonwealth or any political subdivision thereof or to any agency or instrumentality of either of them, be sold to the highest bidder subject to any restrictions, covenants, or conditions the authority shall find that sound reasons in the public interest require.

(c)(i) Any concession or lease of property for a term of more than one year or development agreement shall be awarded to the highest responsible and eligible bidder therefor unless the authority shall find that sound reasons in the public interest require otherwise.

(ii) Any property which is the subject of a lease or development agreement pursuant to paragraph (i) shall not be subject to subsection (o).

SECTION 35. Section 23 of said chapter 161A, as so appearing, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Not more than one billion two hundred fifty-two million one hundred eighty thousand dollars of bonds of the authority under clauses (1), (2), (3), and (4) shall be outstanding at any time; provided, however, that such funds are expended for capital projects; and provided, further, that any bonds which are redeemed on or after January first, nineteen hundred and eighty-eight shall not be reissued.

SECTION 36. The first paragraph of section 28 of said chapter 161A, as so appearing, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- The portion of the net cost of service not to be so assessed, hereinafter called contract assistance, is limited to (A) the annual debt service on bonds issued prior to January first, nineteen hundred and seventy-one for which such contract assistance has been provided by contract, and the annual debt service on ninety per cent of the bonds issued thereafter, but not exceeding under this clause the debt service on one billion one hundred twenty million one hundred eighty thousand dollars of bonds outstanding at any time, and (B) not more than a total of five million dollars to be paid to the authority for not more than one-half of the cost to the authority of agreements with railroads authorized by paragraph (2) of section twenty-three, and (C) not more than three million dollars annually to pay interest, principal and sinking fund requirements due upon indebtedness incurred or assumed by the authority issued to finance or refinance mass transportation facilities or equipment for express service; provided that all facilities, title to which was transferred to the Metropolitan Transit Authority, pursuant to paragraph (d) of section eight A of chapter five hundred and forty-four of the acts of nineteen hundred and forty-seven shall be considered to be express service mass transportation facilities for the purpose of this clause (C); and provided, further, that such indebtedness shall not be subject to the limitations contained in the following paragraph; and (D) ninety per cent of the lease payments arising from lease obligations of the Authority providing for the long term use of mass transportation facilities and equipment.

SECTION 37. Section 5 of chapter 161D of the General Laws, as so appearing, is hereby amended by striking out clause (3) and inserting in place thereof the following clause:-

(3) Said rate shall be set by the secretary, and shall as nearly as possible, produce sufficient revenues to the commonwealth in combination with the estimated revenues from the sale of such vehicles under the provisions of clause (4), to recover the principal cost to the commonwealth of said program provided however, that the rate for any lease entered into pursuant to this chapter and in effect as of December twenty-seventh, nineteen hundred and eighty-five shall not be increased except as specifically permitted by the lease and any reduction authorized by the secretary pursuant to this section shall not be retroactive.

SECTION 37A. The third sentence of the first paragraph of section 8 of chapter 354 of the acts of 1952 is hereby amended by striking out, in line 9, the words:- ", not exceeding six per cent per annum",- and by striking out the last sentence and inserting in place thereof the following sentence:- The Authority may sell such bonds in such manner, either at public or at private sale, and for such price or prices, as it may determine to be in the best interest of the Authority.

SECTION 37B. Chapter 859 of the acts of 1975 is hereby amended by striking out sections 6C and 6D and inserting in place thereof the following two sections:-

Section 6C. Pursuant to the provisions of section six, the department of public works, notwithstanding any other law to the contrary, is hereby authorized and directed to expend a sum of not less than three and one-half million dollars for the reconstruction of state highway route one hundred and forty from the Sterling-West Boylston line to the Sterling-Princeton line or for such other purposes as the department may determine.

Section 6D. Pursuant to the provisions of section six, the department of public works, notwithstanding any other law to the contrary, is hereby authorized and directed to expend a sum of not less than four million dollars for the purpose of reconstructing and extending route fifty-six from the junction of Pleasant Street and route fifty-six in the town of Leicester to the Leicester-Paxton line or for such other purposes as the department may determine.

SECTION 38. Section 2 of chapter 487 of the acts of 1980 is hereby amended by striking out, in line 10, the word "seventy" and inserting in place thereof the word:- seventy-five.

SECTION 39. Section 4 of said chapter 487 is hereby amended by striking out the first sentence, as most recently amended by section 26 of chapter 637 of the acts of 1983, and inserting in place thereof the following sentence:- To meet the expenditures necessary in carrying out the provisions of this act, the state treasurer shall, upon the request of the governor, issue and sell at public or private sale, bonds or notes of the commonwealth, registered or with interest coupons attached, as he may deem best, to an amount specified by the governor from time to time, but not exceeding in the aggregate ninety million dollars.

SECTION 40. Section 32 of chapter 637 of the acts of 1983 is hereby amended by striking out, in lines 3 and 4, the words "fifteen hundred" and inserting in place thereof the words:- two thousand.

SECTION 41. Section 34 of chapter 637 of the acts of 1983 is hereby amended by inserting after the word "construction", in lines 6 and 7, the words:- shall be available for expenditure until June thirtieth, nineteen hundred and eighty-seven.

SECTION 42. Subsection (f) of section 1 of chapter 240 of the acts of 1984 is hereby amended by inserting after the second sentence the following sentence:- The provisions of this subsection shall not apply to any stockholder of a corporation the stock of which is registered or listed for sale to the general public with the Securities and Exchange Commission, if any such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation.

SECTION 43. The provisions of section thirty-seven shall take effect as of December twenty-fourth, nineteen hundred and eighty-one.

SECTION 44. The provisions of section thirty-four shall take effect on July first, nineteen hundred and eighty-six.

SECTION 45. In addition to any contract assistance paid to the authority under the provisions of chapter one hundred and sixty-one A of the General Laws or any other general or special law, the executive office of administration and finance, acting on behalf of the commonwealth, shall, on the recommendation of the secretary, enter into a contract or contracts with the Massachusetts Bay Transportation Authority providing for additional contract assistance for the authority's net additional expense of providing mass transportation or rail service to cities and towns outside the area constituting the authority under contracts with said cities and towns, with regional transportation areas, or with the operator of said transportation service and such amounts shall be paid by the commonwealth to the authority and shall not be reimbursed by said cities and towns to the authority. Said contract or contracts shall not exceed four million dollars in total obligation.

SECTION 46. No action shall be taken by the executive office of transportation and construction, the Massachusetts Bay Transportation Authority, or the department of environmental management to prohibit or unreasonably restrict the continuation of the services now provided by privately operated commuter and excursion vessels using the State Pier in the town of Hingham and Rowes Wharf in the city of Boston.

SECTION 47. To assure quality of construction, Class I Bituminous Concrete shall continue to be accepted by the department of public works only from those batch plants meeting the section M3.11.00 thru section M3.11.09 specification of the department of public works standard specifications for highways and bridges published nineteen hundred and seventy-three and as revised in the supplemental specifications to the nineteen hundred and seventy-three standard specifications for highways and bridges dated June nineteenth, nineteen hundred and eighty-five. Bituminous Concrete from drum mixers shall not be accepted.