Session Laws

CHAPTER 33 AN ACT PROVIDING FOR AN ACCELERATED TRANSPORTATION DEVELOPMENT AND IMPROVEMENT PROGRAM FOR THE COMMONWEALTH.

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Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for an accelerated transportation development and improvement program for the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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 state department of public works, hereinafter called the department, is hereby authorized and directed to expend a sum not to exceed two billion nine hundred three million nine hundred sixty-two thousand four hundred twenty-six dollars for the following purposes:

Projects for the laying out, construction, reconstruction, resurfacing, relocation or necessary or beneficial improvement of highways, bridges, bicycle paths or facilities, telecommunications, 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, but not limited to, traffic, environmental or parking studies, the 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 the provisions of any general or special law to the contrary, projects to alleviate 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, but not limited to, 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., PL 90-646, and to sell 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 after such removal. In planning projects funded by this section and section three, consideration shall be made, to the extent feasible, to accommodate and incorporate provisions to facilitate the use of bicycles as a means of transportation.

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 the provisions of any general or special 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 and section three, 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 monies to such agencies or authorities, without prior expenditure by such agencies or authorities, and such agencies and authorities are authorized to accept monies necessary to carry out such agreements; provided, however, that the department certify to the comptroller the amounts so advanced; provided, further, that such agreements 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 they were advanced.

Notwithstanding the provisions of sections thirty-eight C, forty A and forty B of chapter seven of the General Laws, the department shall have jurisdiction over the selection of designers performing design services in connection with the ventilation buildings, utility facilities and toll booths to be constructed as part of the Central Artery/Tunnel Project, and shall control and supervise said structures.

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, or 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;

(2) to expend funds made available by this act for the acquisition of van-type vehicles used for multi-passenger, commuter-driven carpools and high occupancy vehicles including, but not limited to, water shuttles and water taxis; and

(3) in accordance with all applicable state and federal law, and regulations, to exercise all powers and do all things necessary and convenient to carry out the purposes of this act.

SECTION 1A. 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 two billion one hundred ninety-six million nine hundred fourteen thousand one hundred sixty-eight dollars to the department for projects, pursuant to the provisions of section one, on the interstate federal aid highway system. Said sum may be expended for the costs of said projects including, but not limited to, the costs of engineering and other services essential to such projects, rendered by department employees or by consultants. Amounts expended for department employees may include the salary and salary related expenses of such employees to the extent that they work on or in support of such projects;

(b) a sum not to exceed six hundred forty-seven million four hundred forty-eight thousand two hundred fifty-eight dollars to the department for projects, pursuant to the provisions of section one, on the federal aid highway system, other than interstate; provided, however, that a sum not to exceed twenty million dollars of the authorization contained in this paragraph shall be expended for the purpose of treating or eliminating the discharge of highway drainage under the control of the department into Hobbs Brook and Stony Brook reservoirs or into any land area within five hundred feet thereof. Sums provided herein may be expended for the costs of said projects including, but not limited to, the costs of engineering and other services essential to such projects, rendered by department employees or by consultants. Amounts expended for department employees may include the salary and salary related expenses of such employees to the extent that they work on or in support of such projects;

(c) a sum not to exceed forty-nine million six hundred thousand 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; and

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

Notwithstanding the provisions of any general or special law to the contrary, or any other provision of this act, the department shall not enter into any obligations for projects which are eligible to receive federal funds pursuant to the authority granted under this act unless state matching funds exist which have been specifically authorized and are sufficient to fully fund the state portion of such obligation. The department shall only enter into obligations for said projects pursuant to the authority granted in this act based upon the prior commitment of sufficient federal funds and the availability of state funding authorized or appropriated for such use by the general court for the class and category of project for which such obligation applies.

SECTION 2. (a) The metropolitan district commission, hereinafter referred to as the "commission", shall expend the amounts specified in subsection (b) for the following purposes:

Projects for the laying out, construction, reconstruction, resurfacing, relocation or necessary or beneficial improvement of highways, bridges, bicycle paths or facilities, telecommunications, 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, but not limited to, traffic, environmental or parking studies, the 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 the provisions of any general or special law to the contrary, projects to alleviate contamination of public and private water supplies caused by the commission'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, but not limited to, 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., PL 90-646, and to sell 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.

(b) The commission is hereby authorized and directed to expend a sum not to exceed one hundred twenty million dollars as follows:-

(i) a sum not to exceed eighty million dollars to the commission for the design, construction, reconstruction or rehabilitation of commission parkways, boulevards and related appurtenances and equipment; provided, however, that said sums may be expended for the costs of said projects including, but not limited to, the costs of engineering and other services essential to such projects, rendered by commission employees or by consultants. Amounts expended for commission employees may include the salary and salary related expenses of such employees to the extent that they work on or in support of such projects;

(ii) a sum not to exceed thirty-two million dollars to the commission for the design and reconstruction of, and improvements, including the testing, removal, encapsulation of lead-based paint, to commission bridges; provided, however, that said sum may be expended for the costs of said projects including, but not limited to, the costs of engineering and other services essential to such projects, rendered by commission employees or by consultants. Amounts expended for commission employees may include the salary and salary related expenses of such employees to the extent that they work on or in support of such projects; and

(iii) notwithstanding the provisions of any general or special law to the contrary, a sum not to exceed eight million dollars to the commission for the enhancement of its advanced telecommunication system and for traffic mitigation or safety equipment.

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 two million dollars for the acquisition and improvement of maintenance sites, including the construction of sanitary facilities and the erection of protective fences;

(b) a sum not to exceed two hundred ninety-two million seven hundred seventy-five thousand dollars for the construction of, repair of, or improvement to non-federally aided projects. Said sum may be expended for the cost of said projects including, but not limited to, the cost for engineering and other services essential to such projects, rendered by department employees or by consultants. Amounts expended for department employees may include the salary and salary related expenses of such employees to the extent that they work on or in support of such projects;

(c) a sum not to exceed one hundred eighty 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 each city or town shall certify to the department that the city or town has expended all of the sums apportioned to the city or town under the provisions of paragraph (d) of section three of chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three, paragraph (d) of section three of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five, and paragraph (c) of section three of chapter fifteen of the acts of nineteen hundred and eighty-eight; or that said city or town has remaining a sum of money which by itself is insufficient to finance a proposed project; provided further, that a city or town shall comply with procedures established by the department; provided, further, that any such city or town is hereby authorized to appropriate for such projects amounts not in excess of the amounts provided to such city or town under this section; provided, further, that said appropriation shall be considered as an available fund upon the approval of the commissioner of revenue pursuant to section twenty-three of chapter fifty-nine of the General Laws; provided, further, that the commonwealth shall reimburse said city or town under this section within thirty days of receipt by the department of a request for reimbursement from such city or town, such request to include certification by such city or town that actual expenses have been incurred on projects eligible for reimbursements under this section, and the work has been completed to its satisfaction according to the specifications of said project and in compliance with applicable law; provided, further, that the department may enter into agreements with cities and towns to provide engineering and other services essential to the development of projects and if the department agrees to provide services, amounts charged for department employees may include the salary and salary related expenses of such employees to the extent that they work on or in support of such projects; provided, further, that funds provided herein may be expended for the entire cost of any project eligible under the provisions of said chapter ninety; provided, further, that the funds provided herein may be expended for the repair, replacement or removal of underground municipal public works fuel tanks; and provided, further, that notwithstanding the provisions of any general or special law to the contrary, the allocations to cities and towns from amounts authorized in this subparagraph are as follows:-

Abington 338,184

Acton 584,764

Acushnet 268,663

Adams 302,906

Agawam 616,040

Alford 74,666

Amesbury 394,768

Amherst 678,938

Andover 1,150,516

Arlington 795,377

Ashburnham 316,482

Ashby 242,806

Ashfield 305,653

Ashland 313,320

Athol 511,721

Attleboro 1,139,797

Auburn 540,728

Avon 181,343

Ayer 243,969

Barnstable 1,950,597

Barre 424,991

Becket 240,829

Bedford 678,919

Belchertown 531,121

Bellingham 429,509

Belmont 536,265

Berkley 207,552

Berlin 184,895

Bernardston 184,779

Beverly 910,142

Billerica 942,645

Blackstone 213,202

Blandford 259,535

Bolton 244,152

Boston 13,894,510

Bourne 557,946

Boxborough 131,428

Boxford 325,697

Boylston 186,392

Braintree 1,008,087

Brewster 259,038

Bridgewater 494,948

Brimfield 269,078

Brockton 1,936,946

Brookfield 166,475

Brookline 941,333

Buckland 179,813

Burlington 857,352

Cambridge 2,314,060

Canton 609,042

Carlisle 224,736

Carver 351,370

Charlemont 178,061

Charlton 514,447

Chatham 308,769

Chelmsford 959,292

Chelsea 454,642

Cheshire 190,791

Chester 247,082

Chesterfield 215,665

Chicopee 1,149,964

Chilmark 63,848

Clarksburg 69,209

Clinton 320,044

Cohasset 205,066

Colrain 331,114

Concord 642,506

Conway 269,021

Cummington 199,207

Dalton 211,612

Danvers 749,320

Dartmouth 914,678

Dedham 609,343

Deerfield 372,056

Dennis 659,633

Dighton 268,843

Douglas 315,639

Dover 217,799

Dracut 624,054

Dudley 395,257

Dunstable 157,837

Duxbury 445,029

East Bridgewater 201,683

East Brookfield 88,881

East Longmeadow 491,443

Eastham 209,197

Easthampton 448,493

Easton 508,791

Edgartown 218,309

Egremont 153,232

Erving 87,675

Essex 128,341

Everett 633,573

Fairhaven 453,063

Fall River 1,936,996

Falmouth 1,040,117

Fitchburg 1,185,598

Florida 164,059

Foxborough 461,942

Framingham 1,818,180

Franklin 548,880

Freetown 305,391

Gardner 598,917

Gay Head 18,653

Georgetown 217,769

Gill 172,765

Gloucester 668,982

Goshen 112,292

Gosnold 6,848

Grafton 423,116

Granby 264,334

Granville 270,429

Great Barrington 405,739

Greenfield 631,466

Groton 369,199

Groveland 182,550

Hadley 317,406

Halifax 214,338

Hamilton 234,070

Hampden 233,431

Hancock 111,008

Hanover 393,995

Hanson 257,445

Hardwick 373,437

Harvard 361,622

Harwich 588,473

Hatfield 232,773

Haverhill 1,315,487

Hawley 181,788

Heath 213,590

Hingham 629,927

Hinsdale 156,490

Holbrook 237,049

Holden 549,113

Holland 158,824

Holliston 410,096

Holyoke 1,108,008

Hopedale 126,526

Hopkinton 371,731

Hubbardston 318,233

Hudson 467,248

Hull 268,232

Huntington 171,847

Ipswich 378,749

Kingston 262,647

Lakeville 287,709

Lancaster 286,503

Lanesborough 201,804

Lawrence 1,228,991

Lee 282,802

Leicester 403,008

Lenox 281,369

Leominster 1,029,795

Leverett 147,366

Lexington 891,602

Leyden 151,812

Lincoln 265,339

Littleton 291,049

Longmeadow 462,228

Lowell 1,904,715

Ludlow 529,220

Lunenburg 376,141

Lynn 1,573,900

Lynnfield 316,319

Malden 968,226

Manchester 147,012

Mansfield 490,087

Marblehead 438,471

Marion 131,716

Marlborough 814,319

Marshfield 546,503

Mashpee 530,059

Mattapoisett 213,245

Maynard 399,142

Medfield 366,678

Medford 1,019,528

Medway 298,591

Melrose 547,649

Mendon 183,083

Merrimac 155,988

Methuen 957,500

Middleborough 749,999

Middlefield 151,864

Middleton 188,427

Milford 634,130

Millbury 360,190

Millis 249,773

Millville 90,764

Milton 584,722

Monroe 71,666

Monson 480,987

Montague 483,691

Monterey 192,136

Montgomery 127,879

Mount Washington 69,189

Nahant 93,758

Nantucket 601,228

Natick 852,424

Needham 871,482

New Ashford 41,009

New Bedford 2,233,902

New Braintree 206,022

New Marlborough 350,279

New Salem 163,296

Newbury 237,736

Newburyport 450,037

Newton 2,241,354

Norfolk 289,103

North Adams 409,278

North Andover 721,156

North Attleborough 587,801

North Brookfield 311,191

North Reading 338,981

Northampton 937,248

Northborough 393,268

Northbridge 350,337

Northfield 287,596

Norton 419,802

Norwell 363,301

Norwood 851,316

Oak Bluffs 160,297

Oakham 180,802

Orange 397,911

Orleans 301,101

Otis 181,716

Oxford 440,032

Palmer 511,428

Paxton 163,133

Peabody 834,655

Pelham 98,427

Pembroke 339,401

Pepperell 377,462

Peru 137,098

Petersham 258,301

Phillipston 186,043

Pittsfield 1,434,494

Plainfield 194,549

Plainville 235,479

Plymouth 998,868

Plympton 151,250

Princeton 337,914

Provincetown 119,988

Quincy 1,768,200

Randolph 674,942

Raynham 338,819

Reading 533,201

Rehoboth 533,678

Revere 686,952

Richmond 173,151

Rochester 248,562

Rockland 367,414

Rockport 194,511

Rowe 152,599

Rowley 194,387

Royalston 295,923

Russell 104,200

Rutland 298,126

Salem 760,949

Salisbury 193,757

Sandisfield 333,923

Sandwich 483,528

Saugus 555,865

Savoy 201,943

Scituate 530,901

Seekonk 487,198

Sharon 513,066

Sheffield 354,587

Shelburne 224,315

Sherborn 227,532

Shirley 227,293

Shrewsbury 636,068

Shutesbury 157,765

Somerset 495,337

Somerville 1,064,551

South Hadley 475,041

Southampton 269,883

Southborough 316,111

Southbridge 535,588

Southwick 315,253

Spencer 488,883

Springfield 3,591,191

Sterling 379,140

Stockbridge 202,542

Stoneham 472,292

Stoughton 669,517

Stow 221,936

Sturbridge 406,502

Sudbury 639,426

Sunderland 175,688

Sutton 411,705

Swampscott 257,996

Swansea 525,722

Taunton 1,164,229

Templeton 328,720

Tewksbury 752,648

Tisbury 143,224

Tolland 162,919

Topsfield 253,319

Townsend 428,058

Truro 167,625

Tyngsborough 260,857

Tyringham 102,812

Upton 267,944

Uxbridge 409,773

Wakefield 619,967

Wales 104,466

Walpole 597,900

Waltham 1,586,200

Ware 431,750

Wareham 633,479

Warren 296,669

Warwick 228,210

Washington 173,868

Watertown 743,161

Wayland 468,689

Webster 436,884

Wellesley 830,830

Wellfleet 221,307

Wendell 199,230

Wenham 118,779

West Boylston 258,049

West Bridgewater 252,621

West Brookfield 232,842

West Newbury 199,676

West Springfield 784,250

West Stockbridge 148,457

West Tisbury 66,078

Westborough 606,877

Westfield 1,120,789

Westford 476,642

Westhampton 189,323

Westminster 408,523

Weston 453,083

Westport 596,109

Westwood 469,199

Weymouth 1,096,268

Whately 137,757

Whitman 314,458

Wilbraham 459,015

Williamsburg 190,847

Williamstown 293,072

Wilmington 741,982

Winchendon 408,098

Winchester 492,427

Windsor 273,073

Winthrop 302,934

Woburn 1,157,952

Worcester 3,787,283

Worthington 242,627

Wrentham 333,633

Yarmouth 828,402

(d) a sum not to exceed two 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;

(e) a sum not to exceed five million dollars for the construction and reconstruction of department owned garages and maintenance shops, and for beneficial and necessary improvements to department owned garages, maintenance shops, administrative buildings, and other structures. Notwithstanding the provisions of any general or special law to the contrary, such projects shall be carried out by the department;

(f) a sum not to exceed three million dollars for the laying out, construction or reconstruction or other improvement to bicycle paths and related facilities; provided, however, that the commissioner shall appoint a bicycle program advisory committee, which shall consist of five members, three of which shall be representatives of bicyclist organizations, which shall review all aspects of both bicycle and roadway projects which affect bicycle safety and utilization, and make recommendations to the department to facilitate the use of bicycles for transportation; and provided, further, that the commissioner shall designate a qualified employee of the department to serve as a bicycle program coordinator who shall review and make recommendations concerning all aspects of both bicycle and roadway projects which affect bicycle safety and utilization;

(g) a sum not to exceed four million dollars to provide for the replacement of fuel tanks on department property;

(h) a sum not to exceed ten million dollars to provide for the assessment, containment, transportation and disposal, decontamination, and general cleanup of hazardous materials at department sites;

(i) a sum not to exceed two million dollars for the acquisition, by eminent domain under the provisions of chapter seventy-nine of the General Laws 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; provided, however, that prior to any such acquisition, notice of acquisition shall be filed with the house and senate committees on ways and means and the joint committee on transportation;

(j) a sum not to exceed fifteen million dollars for expenses of alternative means of transportation during construction of the central artery north area project, the central artery third harbor tunnel project or any other project of significant scope which might cause traffic or other disruptions; and to facilitate the use of high-occupancy vehicles and to provide for the facilitation and creation of a Boston inner harbor water shuttle and water taxi service;

(k) a sum not to exceed one hundred and fifty million dollars for the design and reconstruction of, and improvement, including the testing, removal and encapsulation of lead-based paint, to state highway bridges and other bridges; provided, however, that notwithstanding the provisions of any other law to the contrary, the provisions of section sixty-one and section sixty-two A to sixty-two H, inclusive, of chapter thirty of the General Laws and chapter ninety-one and section forty of chapter one hundred and thirty-one of the General Laws shall not apply to bridge projects of the department authorized under this act for the repair, reconstruction, replacement or demolition of existing state highway bridges and other bridges, including the immediate roadway approaches necessary to connect said bridges to the existing adjacent highway system, in which the design is substantially the functional equivalent of, and in similar alignment to, the structure to be reconstructed or replaced; provided, however, that notwithstanding the foregoing, the provisions of said section sixty-one and section sixty-two A to sixty-two H, inclusive, of said chapter thirty and said chapter ninety-one and said section forty of chapter one hundred and thirty-one shall apply to any portions of the bridge and roadway approaches to the crossing of the Charles River known as "Scheme Z Modified" crossing, so called, described in the final supplemental environmental impact report for the Central Artery/Tunnel Project dated November fifteen, nineteen hundred and ninety, or any successor thereto; provided, further, that the secretary of environmental affairs shall develop recommended environmentally sound design and construction standards for said projects and shall submit these recommended standards in the form of a report to the joint committee on natural resources and agriculture and the house and senate committee on ways and means by September first, nineteen hundred and ninety-one; provided, further, that in the 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, railway company or its assigns 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, its agents or contractors may enter upon any right-of-way, land or premises of a railroad company or railway company or its assigns for such purposes as the department may deem necessary or convenient to carry out the provisions of this act; provided, further, that if a flagman is needed to carry out the provisions of this act, that railroad company, railway company, or its assigns shall provide such flagman. For the purposes of this paragraph, the term "bridge" shall include any structure spanning and providing passage over water, railroad right-of-way, public or private way, other vehicular facility, or other area. Sums provided herein may be expended for the costs of said projects including, but not limited to, the costs of engineering and other services essential to such projects, rendered by department employees or by consultants. Amounts expended for department employees may include the salary and salary related expenses of such employees to the extent that they work on or in support of such projects;

(l) a sum not to exceed seven million dollars for the design and construction by the department of an addition to the research and materials building located in the town of Wellesley;

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

(n) a sum not to exceed twenty-five million dollars for the purchase, long-term leasing and rehabilitation of necessary durable equipment, including highway maintenance fleet equipment;

(o) a sum not to exceed two million dollars for the purchase of parts for durable equipment including highway maintenance fleet equipment;

(p) a sum not to exceed twenty million dollars for the purpose of bridge painting;

(q) a sum of not less than one hundred thousand dollars and not greater than two hundred fifty thousand dollars for the construction of traffic lights at the new entrance to the Five Mile Pond, at the intersection of Slater Avenue and Route 20 in the city of Springfield;

(r) a sum not to exceed five million dollars for the purposes of an off-street parking program pursuant to chapter four hundred and eighty-seven of the acts of nineteen hundred and eighty; and

(s) a sum not to exceed five hundred thousand dollars for the purpose of disparity studies, so-called, as required by federal law, to determine the availability and utilization of minority and women owned businesses to provide goods and services and construction to the departments and to other state agencies and public entities, including a full survey of contracts of the departments and other state agencies.

SECTION 4. Pursuant to the provisions of sections one and three, the department is hereby authorized and directed to expend a sum of not less than four hundred million dollars for projects in the counties of Berkshire, Hampden, Hampshire, Franklin, Norfolk, Worcester, Essex, Middlesex, Barnstable, Bristol, Dukes, Nantucket and Plymouth; provided, however, that the department shall expend not less than seventy-five million dollars in the counties of Berkshire, Hampden, Hampshire, and Franklin; not less than seventy-five million dollars in the counties of Norfolk and Worcester; not less than seventy-five million dollars in the counties of Essex and Middlesex; and not less than seventy-five 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 settlement in excess of one hundred thousand dollars or 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 damages 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, chapter six hundred and sixteen of the acts of nineteen hundred and sixty-seven, chapter seven hundred and sixty-eight of the acts of nineteen hundred and sixty-nine, chapter seven hundred and sixty-five of the acts of nineteen hundred and seventy-two, chapter eight hundred and fifty-nine of the acts of nineteen hundred and seventy-five, chapter three hundred and fifty-six of the acts of nineteen hundred and seventy-seven, chapter four hundred and eighty of the acts of nineteen hundred and seventy-nine, chapter seven hundred and thirty-two of the acts of nineteen hundred and eighty-one, chapter three hundred and thirty-five of the acts of nineteen hundred and eighty-two, chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three, chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five or chapter fifteen of the acts of nineteen hundred and eighty-eight. 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 chapter 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, eight hundred and eleven or chapter fifteen, in excess of one hundred thousand dollars or 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 in whole or in part under the provisions of this act or such property is significantly and adversely affected as a result of the acquisition of property for a highway or highway-related project and whenever the department determines such functional replacement is necessary and in the public interest. For purposes of this section, the term "functional replacement" shall mean the replacement, pursuant to the provisions of chapter seven of the General Laws including sections forty F and forty F> requiring authorization of the general court prior to disposition of real property, either land or facilities or both, which will provide equivalent utility and the term "real property in public ownership" shall mean any and all present and future interest in land, including rights of use, now existing or hereafter arising, held by an agency, authority, board, bureau, commission, department, division or other unit, body, instrumentality or political subdivision of the commonwealth. This section shall not constitute authorization by the general court as required under said chapter seven.

Whenever the department determines it is necessary that any utility, or utility facility as defined under federal law be relocated because of construction of a project which is to be reimbursed federally in whole or in part, then such facilities shall be relocated by the department or by the owner thereof in accordance with an order from the department; provided, however, that the commonwealth may reimburse the owner of such utility or utility facility for the cost of relocation; 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.

Notwithstanding the provisions of any general or special law to the contrary, any utility facility that is required to be relocated because of the construction of a project federally funded under the Federal-Aid Highway Act of 1982 and the Federal-Aid Highway Act of 1987 may be relocated temporarily above ground during the construction of said project.

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

SECTION 8. To meet a portion of the expenditures necessary in carrying out the provisions of clauses (i) and (ii) of subsection (b) of section two and subject to the provisions of section eighteen which impose an annual limit of not less than twenty-five million dollars on the issuance of special obligation bonds for the purposes of said clauses (i) and (ii), the state treasurer shall, upon the request of the governor, issue special obligation bonds in an amount specified by the governor from time to time, but not exceeding in the aggregate, the sum of not less than seventy-five million dollars pursuant to section two O of chapter twenty-nine of the General Laws. All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan, Act of 1991 and shall be issued for a maximum term of years, not exceeding thirty 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 twenty-six. All interest and payments on account of principal of such obligations shall be payable from the Infrastructure Subfund established in section two O of chapter twenty-nine of the General Laws. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 9. To meet a portion of the expenditures necessary in carrying out the provisions of clauses (b), (c) and (k) of section three, the state treasurer shall, upon the request of the governor, issue special obligation bonds in an amount specified by the governor from time to time, but not exceeding in the aggregate, the sum of six hundred twenty-two million seven hundred seventy-five thousand dollars pursuant to section two O of chapter twenty-nine of the General Laws. All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan, Act of 1991 and shall be issued for a maximum term of years, not exceeding thirty 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 twenty-six. All interest and payments on account of principal of such obligations shall be payable from the Infrastructure Subfund established in section two O of chapter twenty-nine of the General Laws. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 10. To meet a portion of the expenditures necessary in carrying out the provisions of section one and clauses (j) and (m) of section three, 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, the sum of four hundred ninety-nine million one hundred four thousand nine hundred thirty-seven dollars to be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act, pursuant to the provisions of section ten of chapter fifteen of the acts of nineteen hundred and eighty-eight.

All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1991 and shall be issued for such maximum term of years, not exceeding thirty 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 twenty-six. 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; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section two O of chapter twenty-nine of the General Laws; provided, further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account (i) generally prevailing financial market conditions, (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth, (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued, and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section two O; provided, further, that the aggregate amount of special obligation bonds issued pursuant to this paragraph and general obligation bonds issued pursuant to this section shall not exceed four hundred ninety-nine million one hundred four thousand nine hundred and thirty-seven dollars.

All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan, Act of 1991 and shall be issued for a maximum term of years, not exceeding thirty 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 twenty-six. All interest and payments on account of principal of such obligations shall be payable from the Infrastructure Subfund established in section two O of said chapter twenty-nine. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 11. To meet a portion of the expenditures necessary in carrying out the provisions of clauses (a), (d), (e), (f), (g), (h), (i), (l), (q) and (r) of section three, 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, the sum of forty million two hundred and fifty thousand dollars to be in addition to those bonds previously authorized for projects and programs which remain uncommitted or unobligated on the effective date of this act, 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, section ten of chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three, section nine of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five, and section ten of chapter fifteen of the acts of nineteen hundred and eighty-eight.

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; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section two O of chapter twenty-nine of the General Laws; provided, however, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account (i) generally prevailing financial market conditions, (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth, (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued, and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section two O; provided, further, that the aggregate amount of special obligation bonds issued pursuant to this paragraph and general obligation bonds issued pursuant to this section shall not exceed forty million two hundred fifty thousand dollars.

All special obligation bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan, Act of 1991 and shall be issued for a 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 sixteen. All interest and payments on account of principal and such obligations shall be payable from the Infrastructure Subfund established in said section two O of said chapter twenty-nine. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 12. To meet a portion of the expenditures necessary in carrying out the provisions of clauses (n), (o), and (p) of section three, 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, the sum of forty-seven million dollars.

All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1991 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, two thousand and six. 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; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section two O of chapter twenty-nine of the General Laws; provided, further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account (i) generally prevailing financial market conditions, (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth, (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued, and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section two O; provided, further, that the aggregate amount of special obligation bonds issued pursuant to this paragraph and general obligation bonds issued pursuant to this section shall not exceed forty-seven million dollars.

All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan, Act of 1991 and shall be issued for a 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, two thousand and six. All interest and payments on account of principal of such obligations shall be payable from the Infrastructure Subfund established in said section two O of said chapter twenty-nine. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 13. To meet a portion of the expenditures necessary in carrying out the provisions of clauses (i) and (ii) of subsection (b) of section two 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, the sum of thirty-seven million dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1991 and shall be issued for such maximum term of years, not exceeding thirty 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 twenty-six. 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; provided, however, that the aggregate amount of general obligation bonds issued pursuant to this section and special obligation bonds issued pursuant to section nine shall not exceed one hundred twelve million dollars.

SECTION 14. To meet a portion of the expenditures necessary in carrying out the provisions of clause (iii) of subsection (b) of section two and clause (s) of section three, 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, the sum of eight million five hundred thousand dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1991 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, two thousand and six. 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 15. To meet a portion of the expenditures necessary in carrying out the provisions of 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-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 one of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five, and section one of chapter fifteen of the acts of nineteen hundred and eighty-eight, 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 the total amount of bonds authorized in each of the above referenced acts in order to meet a portion of the expenditures necessary in carrying out the provisions of the above referenced sections.

All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1991 and shall be issued for such maximum term of years, not exceeding thirty 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 twenty-six. 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; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon request of the governor, be issued as special obligation bonds pursuant to section two O of chapter twenty-nine of the General Laws; provided, further, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account (i) generally prevailing financial market conditions, (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth, (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued, and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section two O of said chapter twenty-nine.

All special obligation bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan, Act of 1991 and shall be issued for a maximum term of years, not exceeding thirty 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 twenty-six. All interest and payments on account of principal and such obligations shall be payable from the Infrastructure Subfund established in section two O of said chapter twenty-nine. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 16. 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 sections one, two, three, and fifteen of 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 the notes, whether original or renewal, shall not be later than June thirtieth, two thousand and four.

Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that the state treasurer may determine to issue any notes as special obligations pursuant to section two O of chapter twenty-nine of the General Laws if the notes, or renewals thereof, are to be paid from the proceeds of special obligation bonds to be issued pursuant to said section two O. All payments on account of principal on the notes allocable to the Federal Highway Construction Program Fund shall be repaid from said fund.

SECTION 17. Notwithstanding the provisions of any general or special law to the contrary, reimbursements authorized pursuant to clause (c) of section three of this act and projects authorized pursuant to clauses (i) and (ii) of subsection (b) of section two and clauses (b) and (k) of said section three shall have priority for funding by special obligation bonds issued within the annual expenditure limits established by section eighteen of this act. Said reimbursements authorized by said clause (c) of said section three shall be made within thirty days of the receipt of certification of project completion and all other required documentation. Projects authorized by said clauses (i) and (ii) of said subsection (b) and clauses (b) and (k) of said section three shall be advertised for construction bids pursuant to an annual or biennial advertising schedule of the department. Within such priorities, first consideration for all funding made available to the department and commission by this act shall be for projects posing the most immediate risk to public safety.

SECTION 18. Notwithstanding the provisions of any general or special law to the contrary, the state treasurer shall not issue in any one fiscal year more than four hundred million dollars in special obligation bonds pursuant to the provisions of section two O of chapter twenty-nine of the General Laws for the purposes set forth in section one, clauses (i) and (ii) of subsection (b) of section two, and sections three, fifteen and clause (b) of section thirty-seven of this act; provided, however, that of said four hundred million dollars not less than twenty-five million dollars of special obligation bonds shall be issued annually pursuant to said section two O of said chapter twenty-nine for the purposes of projects authorized by said clauses (i) and (ii) of said subsection (b); provided, further, that the sum total of bonds issued for the purposes set forth in said sections one, two, three, fifteen and clause (b) of section thirty-seven shall not exceed one billion one hundred twenty-five million dollars during the period commencing on July first, nineteen hundred and ninety-one and ending on June thirtieth, nineteen hundred and ninety-four.

SECTION 19. Bonds issued as special obligation bonds pursuant to the provisions of this act shall not be included in the computation of outstanding bonds for purposes of the limit imposed by the second paragraph of section sixty A of chapter twenty-nine of the General Laws, nor shall debt service with respect to such bonds be included in any computation of the limit imposed by section sixty B of said chapter twenty-nine.

SECTION 20. Notwithstanding the provisions of chapter thirty-one of the General Laws or any other general or special law or rule to the contrary, the commissioner of public works may provisionally appoint in any fiscal year not more than one hundred and fifty persons who have received a bachelor's or master's degree in an appropriate engineering, environmental, architectural, or scientific discipline from an accredited college or university to serve in the titles of civil engineer I, environmental analyst I, game biologist I, or chemist I; provided, however, that upon request to the personnel administrator, the commissioner may appoint persons possessing said bachelor's or master's degrees to additional non-engineering professional titles in the first level of a class series within the statewide classification plan after a determination by the personnel administrator that the knowledge, skills, and abilities of the title are necessary to effectuate the purposes of the provisions of this act; provided, further, that no appointment may be made under this paragraph to a title for which the minimum entrance requirements as established by the personnel administrator include experience in addition to education. Following such provisional appointment, each person appointed under this paragraph shall be subject to the provisions of chapter one hundred and fifty E of the General Laws except as otherwise provided herein; provided, further, that no such person shall be terminated or otherwise removed from a position as a result of the establishment or certification of a civil service eligible list for the title in which such person is employed. Each such person appointed under this paragraph or under subparagraph (1) of paragraph (c) of section two of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five or under section forty-one of chapter fifteen of the acts of nineteen hundred and eighty-eight shall be deemed eligible to take and shall take the first appropriate civil service examination for the title in which he is employed, the announcement for which is posted following such provisional appointment or the effective date of this act, whichever is later; provided, however, that in the case of engineering titles, each such person appointed under this paragraph shall within one year of his provisional appointment secure certification as an engineer-in-training or as a registered professional engineer by the board of registration of professional engineers and land surveyors as provided by the provisions of chapter one hundred and twelve of the General Laws. Upon receipt of a passing grade on the examination, a satisfactory performance evaluation as defined in section six A of said chapter thirty-one for a one year probationary period and, in the case of persons appointed to said engineering title, certification as an engineer-in-training or as a registered professional engineer, each such person appointed under this paragraph or under said subparagraph (1) of said paragraph (c) of said section two of said chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five or under section forty-one of chapter fifteen of the acts of nineteen hundred and eighty-eight shall be deemed to be appointed a civil service employee in accordance with the provisions of said chapter thirty-one; provided, however, that if a person appointed under this paragraph fails to take and pass the first appropriate civil service examination and where required fails to pass the first appropriate engineer-in-training examination or professional engineer certification, notwithstanding the provisions of any law or collective bargaining contract to the contrary, the commissioner shall terminate the employment of said person.

Notwithstanding the provisions of chapter thirty-one of the General Laws or any other general or special law or rule to the contrary, the commissioner may provisionally appoint no more than thirty persons who have received bachelor's or master's degrees in an appropriate environmental, architectural or scientific discipline from an accredited college or university and who possesses the appropriate additional experience requirements as established by the personnel administrator to serve in titles of wildlife land acquisition coordinator, landscape architect, geologist, building inspector, ornithologist or construction coordinator 1, or in titles above the first level of a class series of the statewide classification plan not described above after a determination by the personnel administrator that the knowledge, skills and abilities of the title are necessary to effectuate the purposes of the provisions of this act. Following his provisional appointment, each such person shall be subject to the provisions of chapter one hundred and fifty E of the General Laws, but shall not be subject to the provisions of said chapter thirty-one except as otherwise provided herein; provided, however, that no such person shall be terminated or otherwise removed from such position as a result of the establishment or certification of a civil service eligible list for the title in which a person is employed. Each such person provisionally appointed under this paragraph shall be deemed eligible to take and shall take the first appropriate civil service examination, or otherwise acquire civil service status in a manner consistent with civil service law and rules for the title in which he is employed, the announcement for which is posted following such provisional appointment or the effective date of this act, whichever is later. Each such person appointed under this paragraph, after a satisfactory performance evaluation as defined in section six A of said chapter thirty-one of a probationary period and a receipt of a passing grade on the civil service examination, shall be deemed to be appointed a civil service employee in accordance with the provisions of said chapter thirty-one; provided, however, that if a person appointed under this paragraph fails to take the first appropriate civil service examination, notwithstanding the provisions of any law or collective bargaining agreement to the contrary, the commissioner shall terminate the employment of said person.

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 of the General Laws, second to veterans as defined in said section one of said chapter thirty-one, and third to all other qualified persons, including employees of the department having such degrees as are specified.

SECTION 21. In furtherance of section twenty-five A of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five and in fulfillment of chapter five hundred and seventy-nine of the acts of nineteen hundred and eighty, the department and all other state agencies and authorities are hereby authorized to take all necessary and desirable actions, in accordance with all applicable federal and state laws and regulations, to develop, facilitate and effectuate the construction, ownership and operation of a third harbor tunnel crossing and its approaches and connections to the interstate highway system, all as shown on plans and described in a report entitled "Layout and Construction of Third Harbor Tunnel, Boston, MA" prepared by Bechtel/Parsons Brinckerhoff, dated the first day of November, nineteen hundred and ninety, copies of which are on file with the chief engineer of the department of public works, the committee on transportation, the deputy commissioner of capital planning and operations and the department of environmental protection.

SECTION 22. The secretary of transportation and construction is hereby authorized and directed to expend a sum not to exceed three million dollars for the purpose of further implementing the provisions of section thirteen of chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three; provided, however, that any grant funds awarded under this section shall be for not more than eighty percent of the total purchase cost of the vehicles or equipment. Said secretary may waive said limitation upon determination that a recipient is in critical financial need.

SECTION 23. To meet the expenditures necessary in carrying out the provisions of section twenty-two 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 three million dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Mobility Assistance Program Loan, Act of 1991 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-nine. 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 24. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section twenty-two of 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. The 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 the notes, whether original or renewal, shall not be later than June thirtieth, nineteen hundred and ninety-nine.

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

SECTION 25. The secretary of transportation and construction is hereby authorized and directed to expend a sum not to exceed nine million five hundred thousand dollars for the purposes set forth in section three of chapter one hundred and sixty-one D of the General Laws.

SECTION 26. To meet the expenditures necessary in carrying out the provisions of section twenty-five, 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, the sum of nine million five hundred thousand dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Intercity Bus Capital Assistance Program Loan, Act of 1991 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, two thousand and four. 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 payments. Notwithstanding the foregoing, bonds and 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 27. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section twenty-five of 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. The 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, two thousand and four.

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 Intercity Bus Capital Assistance Program Fund shall be repaid from said fund.

SECTION 28. The secretary of transportation and construction is hereby authorized and directed to expend a sum not to exceed one million nine hundred thousand dollars for boat services for commuter operations to and from the city of Boston from the north and south shores and between points within the inner harbor, or other public transportation purposes including, but not limited to, the planning, design, construction or acquisition of docking, dredging and other landside facilities, such as parking or shelter facilities, boats, the purchase of other equipment in connection with said services and the disposal of same when their use has been substantially diminished including any and all equipment or boats purchased for marine transportation service prior to this act. In carrying out the provisions of this section said secretary may enter into contracts or agreements as are appropriate with other state and local public agencies, authorities, or political subdivisions of the commonwealth including, but not limited to, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the department of environmental management or with private parties, which are hereby granted the power and authority to enter into any contracts or agreements with said secretary.

SECTION 29. To meet the expenditures necessary in carrying out the provisions of section twenty-eight, 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, the sum of one million nine hundred thousand dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Commuter Boat Assistance Loan, Act of 1991 and shall be issued for a 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 sixteen. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund.

Bonds and notes 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 30. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section twenty-eight of this act and may issue and renew from time to time notes of the commonwealth therefor bearing fixed interest payable at such time and at such rates as shall be fixed by the state treasurer. The 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, two thousand and four.

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

SECTION 31. The Massachusetts aeronautics commission, hereinafter referred to as the "aeronautics commission", is hereby authorized and directed to expend a sum not to exceed eight million six hundred thousand dollars for the purpose of airport systems improvement and development in the commonwealth, including the development of a pavement management program and an airport fuel tank replacement program, for payments, reimbursements, or both, to cities, towns and counties for planning, design and construction of airports pursuant to section 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, for administrative costs including the salary of the director of operations and the environmental planner authorized by this section, and for the purpose of implementing the provisions of section thirty-nine A of chapter ninety of the General Laws. Sums authorized by this section shall be in addition to any prior sums authorized for said purposes.

For the purpose of carrying out the above-mentioned airport development and safety programs, the aeronautics commission is hereby authorized to appoint one director of operations and one environmental planner without regard to the provisions of chapter thirty-one of the General Laws or any collective bargaining agreement pursuant to chapter one hundred and fifty E of the General Laws. Except as otherwise specified herein, following appointment under this paragraph, a person shall not be subject to the provisions of said chapter thirty-one; and a person shall not be terminated or otherwise removed from a position as a result, directly or indirectly, of the establishment, or operation of any civil service list pursuant to said chapter thirty-one.

The commission's rules and regulations governing the maintenance and safety program shall include a provision that the commonwealth's share of the total cost of each project shall not exceed seventy percent.

SECTION 32. To meet the expenditures necessary in carrying out the provisions of section thirty-one, 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 eight million six hundred thousand dollars. All bonds issued by the commonwealth, as aforesaid, shall be designated on their face, Airport Capital Outlay, Act of 1991, 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 sixteen. 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 33. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section thirty-one 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. The 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, two thousand and four.

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

SECTION 34. The secretary of transportation and construction is hereby authorized and directed to expend a sum not exceeding ten million dollars pursuant to the provisions of chapter one hundred and sixty-one C of the General Laws; provided, however, that a sum not to exceed one million five hundred thousand dollars shall be expended for the acquisition or improvement of railroad rights of way.

SECTION 35. To meet the expenditures necessary in carrying out the provisions of section thirty-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, Rail Transportation Loan, Act of 1991, 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 sixteen. 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 36. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section thirty-four and may issue and renew from time to time notes of the commonwealth thereof bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The 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, two thousand and four.

Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.

SECTION 37. In addition to the monies and purposes authorized under the provisions of section twenty-three of chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five, the secretary of the executive office of transportation and construction is hereby authorized and directed to expend a sum not exceeding fifteen million dollars as follows:

(a) a sum not to exceed ten million six hundred sixty-five thousand dollars for the purchase, long-term lease and rehabilitation of rolling stock; and

(b) a sum not to exceed four million three hundred and thirty-five thousand dollars for the construction, reconstruction, and rehabilitation of regional transit authority facilities and related appurtenances.

SECTION 38. To meet the expenditures necessary in carrying out the provisions of clause (a) of section thirty-seven of this act, the state treasurer shall upon the request of the governor, issue and sell bonds of the commonwealth, in an amount specified by the governor from time to time, but not exceeding in the aggregate, the sum of ten million six hundred and sixty-five thousand dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Regional Transit Authority Capital Assistance Loan, Act of 1991, 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, two thousand and six. All interest and payments on account of principal of such obligations shall be payable twenty percent from the Highway Fund and eighty percent 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 39. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by clause (a) of section thirty-seven 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. The 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, two thousand and four.

Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.

SECTION 40. To meet the expenditures necessary in carrying out the provisions of clause (b) of section thirty-seven, the state treasurer shall upon the request of the governor, issue and sell bonds of the commonwealth, in an amount specified by the governor from time to time, but not exceeding in the aggregate, the sum of four million three hundred and thirty-five thousand dollars. Bonds issued by the commonwealth as aforesaid shall be designated on their face, Regional Transit Authority Construction Capital Assistance Loan, Act of 1991 and shall be issued for such maximum term of years, not exceeding thirty 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 bonds shall be payable not later than June thirtieth, two thousand and twenty-six. 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; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section two O of chapter twenty-nine of the General Laws; provided, however, that in deciding whether to request the issuance of particular bonds as special obligations, the governor shall take into account (i) generally prevailing financial market conditions, (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth, (iii) any rating assigned to outstanding bonds of the commonwealth and any rating expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued, and (iv) any applicable provision of a trust agreement or credit enhancement agreement entered into pursuant to said section two O of said chapter twenty-nine.

All special obligation bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Regional Transit Authority Capital Assistance Loan, Act of 1991 and shall be issued for a maximum term of years, not exceeding thirty 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 twenty-six. All interest and payments on the account of principal of such obligations shall be payable from the Infrastructure Subfund established in section two O of chapter twenty-nine of the General Laws. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 41. 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 clause (b) of section thirty-seven 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. The 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, two thousand and four.

Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be issued as special obligations pursuant to section two O of said chapter twenty-nine of the General Laws. Such notes, or renewals thereof, are to be paid from the proceeds of special obligations bonds to be issued pursuant to said section two O of said chapter twenty-nine.

SECTION 42. The secretary of transportation and construction is hereby authorized and directed 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 for the purpose of implementing an alternative fuel pilot program. Funds provided for said program shall be limited to the purchase of vehicles, conversion of vehicles, and engineering, design, acquisition, construction and reconstruction of facilities. Said secretary shall make, and from time to time revise, guidelines for the allocation and distribution of funds made available for this purpose among the regional transit authorities.

SECTION 43. The secretary of transportation and construction is hereby directed to expend a sum not to exceed one million five hundred thousand dollars for the purposes set forth in section forty-two. To meet the expenditures, the state treasurer shall upon the request of the governor, issue and sell bonds of the commonwealth, in an amount specified by the governor from time to time, but not exceeding in the aggregate, one million five hundred thousand dollars. All bonds or notes issued by the commonwealth as aforesaid shall be designated on their face, Regional Transit Authority Alternative Fuel Program Loan, Act of 1991, 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, two thousand and six. All interest and payments on account of principal of such obligations shall be payable eighty percent from the General Fund and twenty percent from the Highway 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 44. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section forty-two 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. The 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, two thousand and four.

Notes and interest thereon issued under the authority of this section, notwithstanding any other provisions of this act, shall be general obligations of the commonwealth.

SECTION 45. The proceeds from the sale of additional bond authorization provided under section ninety-one shall be expended for the capital needs of the Massachusetts Bay Transportation Authority, hereinafter referred to as the authority, as follows:

(a) a sum not to exceed seventy-eight million six hundred thousand dollars for the purchase, long-term leasing and rehabilitation of rolling stock;

(b) a sum not to exceed five hundred eighty-seven million one hundred thousand dollars for the design, construction, rehabilitation, modernization and expansion of shops, carhouses, commuter rail improvements, stations, and other authority facilities, including material and equipment procurements; including not less than three million dollars for the Cardinal Medeiros Pier Rehabilitation Project; provided, however, that no money shall be spent on the Old Colony railroad rehabilitation project;

(c) a sum not to exceed one hundred sixty-two million two hundred thousand dollars for system-wide track, power, signal, bridge, and ventilation infrastructure improvements; provided, however, that no money shall be spent on the Old Colony railroad rehabilitation project;

(d) a sum not to exceed seventy-five million dollars for the south station transportation center project;

(e) a sum not to exceed one hundred million dollars for the north station transportation center project; and

(f) a sum not to exceed eighty-five million dollars for the Old Colony railroad rehabilitation project.

The authority shall file a report on the capital projects in design, along with capital projects currently expending funds from bond authorizations. Said report shall be filed with the joint committee on transportation and the house and senate committees on ways and means. The first report shall be filed on July first, nineteen hundred and ninety-one and additional reports shall be filed on a quarterly basis thereafter.

SECTION 46. It is hereby found and declared that open areas exist or will be created in, around, or above the south station transportation center project that is funded in part pursuant to paragraph (d) of section forty-five of this act; that the continued existence of such areas would constitute an economic liability, substantially impair or arrest the sound growth of the city of Boston, and, because of the economic and social interdependence of communities, retard the economic well being of the commonwealth as a whole; that the failure to develop or redevelop such areas would invite and likely cause decadence or blight that would constitute a serious and growing menace, injurious and inimical to the safety, health, morals, and welfare of the residents of the city and of the commonwealth; that development or redevelopment of such areas in order to prevent the occurrence of substandard conditions is necessary to retain existing industries, attract new industries, and promote the sound economic growth of the city and of the commonwealth; that the development or redevelopment of such areas requires the stimulation of private investment therein; and that the development or redevelopment of such areas for biomedical, medical and pharmaceutical research and development and for other commercial purposes therefore constitutes an important public purpose for which public money may be expended and invested.

SECTION 46A. As used in this section and section forty-six B of this act, the term "MBTA" shall mean the Massachusetts Bay Transportation Authority established by section two of chapter one hundred and sixty-one A of the General Laws.

Notwithstanding the provisions of any general or special law to the contrary, the MBTA is hereby authorized to borrow from the commonwealth, at any one time or from time to time before June thirtieth, two thousand and one, a sum not exceeding in the aggregate three million dollars to be used solely for the purposes and in the manner set forth in sections forty-six and forty-six B of this act. Such loan or loans shall be payable solely from amounts that the MBTA is obligated to pay the commonwealth in accordance with the provisions of said section forty-six B.

SECTION 46B. The MBTA is hereby authorized with the concurrence of the secretary of transportation and construction, to enter into an agreement with the developer of an economic development project that is undertaken by an institution for higher education or an organization related thereto for the development or redevelopment of facilities for biomedical, medical and pharmaceutical research and development and for other commercial purposes near or over the South Station Transportation Center project authorized in paragraph (d) of section forty-five which provides that: (i) the MBTA may lend any and all amounts borrowed by the MBTA pursuant to section forty-six A to such developer for the construction of such economic development project or any planning, consulting, designing, permitting, marketing or other preparation therefor; (ii) the MBTA may borrow, pursuant to said section forty-six A, such sums as are requested by such developer to be expended for any such construction, planning, consulting, designing, permitting, marketing or other preparation; and (iii) such developer shall repay to the MBTA the aggregate of any such amounts lent to such developer by the MBTA plus interest thereon calculated from the date such amounts are so lent and at a rate equal to the true interest cost on bonds issued by the commonwealth at or about the time any such amounts are so lent, such repayment to be made in ten equal annual installments over a period commencing upon the completion of such economic development project or upon July first, two thousand and one, whichever comes first.

Any amounts received by the MBTA from such developer pursuant to this section shall be paid to the commonwealth forthwith. If on June thirtieth, two thousand and one, any amount borrowed under authority of section forty-six A of this act has not been disbursed to such developer by the MBTA for the purposes provided herein, such undisbursed amount shall be returned to the commonwealth forthwith.

SECTION 46C. To meet the expenditures necessary in carrying out the provisions of section forty-six A 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, three million dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, MBTA/Biomedical Development Loan, Act of 1991, 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, two thousand and eleven. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 46D. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section forty-six A of this act and may issue and renew from time to time notes of the commonwealth bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The 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 the notes, whether original or renewal, shall not be later than June thirtieth, two thousand and one. Notes and interest thereupon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 47. Notwithstanding the provisions of any general or special law to the contrary, the authority, is hereby authorized to use or take land of the commonwealth, without compensation therefor, and may acquire, either by voluntary transfer or by eminent domain under chapter seventy-nine of the General Laws, such properties as the authority may determine to be necessary for the purposes of constructing and equipping a commuter rail line from the South Station area of the city of Boston and over or under the Fort Point Channel or from a point southeasterly thereof, along the former route of the Old Colony Division of the New York, New Haven and Hartford Railroad through the city of Boston, the city of Quincy and the town of Braintree, thence dividing into three routes: the Middleborough Line through the towns of Holbrook, Randolph, Avon, Brockton, Bridgewater and Middleborough; the Plymouth Line through the towns of Weymouth, Abington, Whitman, Hanson, Halifax, Kingston and Plymouth; and the Greenbush Line through Weymouth, Hingham, Cohasset and Scituate, and for the purposes of constructing and equipping a bridge over the Neponset river between the cities of Boston and Quincy over the lands of the commonwealth, adjacent to the present rapid transit bridge over said river and other properties as the authority may determine to be necessary for said commuter rail line and its appurtenances including, but not limited to, unused portions of the former route now owned by the towns of Scituate and Cohasset; portions of the former Middleborough Line and the former Greenbush Line now under the control of the executive office of transportation and construction, to be subject to an easement for freight usage; vacant land in Cohasset now under the control of the department of environmental management; land under the control of the board of regents at Bridgewater state college now used for parking purposes; and vacant land under the control of the department of public health at Lakeville state hospital.

SECTION 48. In addition to any contract assistance paid to the Massachusetts Bay Transportation 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 for 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, hereinafter referred to in this section as "the authority", to provide 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; provided, however, that said contract assistance for the net additional expense of bus service provided to and on behalf of the regional transit authorities and cities and towns outside the authority's district shall, subject to appropriation, be not more than two million dollars in annual obligation.

SECTION 49. Whenever the Massachusetts Bay Transportation Authority deems it necessary to make surveys, soundings, test pits, borings, drillings or examinations to obtain information for or to expedite the construction of public transportation facilities or other projects under its jurisdiction, said authority, its authorized agents or employees may, after thirty days notice by registered or certified mail, and without the necessity of any judicial orders or other legal proceedings, enter upon any lands, waters and premises, not including buildings, in the commonwealth, including lands both publicly and privately owned, including land owned by railroad corporations, for the purpose of making surveys, soundings, test pits, borings, drillings and examinations as it may deem necessary or convenient for the purposes of this act, and the entry shall not be deemed a trespass. Said authority shall make reimbursement for any injury or damage to lands resulting from the entry caused by any act of its authorized agents or employees and shall so far as possible restore such lands to the same condition as prior to the making of such surveys, soundings, test pits, borings, drillings or examinations.

SECTION 50. The Massachusetts Bay Transportation Authority is hereby authorized and directed to enter into one or more contracts with qualified contractors for the placement of public information and advertising messages in and upon vehicles and real property operated by said authority. Said advertising shall include, but not be limited to, cards, signs, posters, and other forms of visible matter to be placed at all passenger stations, platforms, and passenger coaches; on the exterior of all buses and light rail vehicles; on frequently used bus shelters; on clocks; on outdoor advertising structures; on dioramas; and on electronic message boards programmed to display real time public information and advertising messages.

SECTION 51. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority may enter into the New England Power Pool subject to the conditions set forth in chapter one hundred and sixty-four A of the General Laws.

SECTION 52. The department of public safety is hereby authorized and directed to spend no more than ten million one hundred fifty thousand dollars as follows:

(a) a sum not to exceed ten million dollars for the purchase of state police cruisers; and

(b) a sum not to exceed one hundred fifty thousand dollars for the purposes of section fifty-five.

SECTION 53. To meet the expenditures necessary in carrying out the provisions of section fifty-two, 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 one hundred fifty thousand dollars. All bonds, issued by the commonwealth as aforesaid shall be designated on their face, Public Safety Program Loan, Act of 1991, 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-nine. 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 54. 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 in section fifty-two, 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. The 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-nine.

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

SECTION 55. The secretary of public safety is hereby authorized and directed to conduct a study to determine the feasibility of and procurements necessary to establish and make available a statewide common interagency emergency and disaster communications frequency network for all police, fire, emergency medical, civil defense, national guard, and coast guard emergency communications. The secretary shall, throughout the course of the study, consult with the directors of the regional emergency medical service councils, as well as other public safety and disaster related organizations. In addition, said secretary or his designee and the secretary of environmental affairs or his designee, in consultation with the commission and the department, shall study and develop a plan to link individual agency's telecommunications infrastructure to facilitate the development of a telecommunications network for all state agencies. A preliminary report shall be filed on or before November first, nineteen hundred and ninety-one, and a final report and any necessary legislation including any capital authorizations needed to implement the secretary's recommendation shall be filed on or before April first, nineteen hundred and ninety-two. Said reports shall be filed with the joint committee on public safety and the house and senate committees on ways and means.

SECTION 56. The commissioner of the department of environmental management is hereby authorized and directed to expend a sum not to exceed one million five hundred thousand dollars for the purposes of section ten of chapter ninety-one of the General Laws. The commissioner shall prioritize projects authorized under this section based on the benefit to water transportation.

SECTION 57. To meet the expenditures necessary in carrying out the provisions of section fifty-six 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, the sum of one million five hundred thousand dollars. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Transportation Waterways Dredging Program Loan, Act of 1991, 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; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand and four. All 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, notwithstanding any other provisions of this act, be general obligations of the commonwealth.

SECTION 58. The state treasurer may borrow from time to time on the credit of the commonwealth sums of money as may be necessary for the purpose of meeting payments authorized by section fifty-six of this act and may issue and renew from time to time notes of the commonwealth therefore bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The 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, two thousand and four.

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

SECTION 59. The registry of motor vehicles is hereby authorized and directed to expend no more than one million and two hundred thousand dollars as follows:-

(a) A sum not to exceed seven hundred thousand dollars for new licensing systems that upgrade photographic and signature imaging; and

(b) A sum not to exceed five hundred thousand dollars for mass testing equipment.

Said equipment to be used to implement the provisions of the federal Commercial Motor Vehicle Safety Act of 1986.

SECTION 60. To meet the expenditures necessary in carrying out the provisions of section fifty-nine, the state treasurer shall, upon the 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 one million two hundred thousand dollars. All bonds, issued by the commonwealth as aforesaid shall be designated on their face, Public Safety Program Loan, Act of 1991, 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, two thousand and six. 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 61. 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 in section fifty-nine of 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. The 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 of the year two thousand and six. Notes and interest thereon issued under the authority of this section, shall be general obligations of the commonwealth.

SECTION 62. All sums expended either pursuant to, or for which reimbursement is made under this act, for the purpose of acquiring, constructing, or altering public transportation passenger vehicles or facilities shall be expended in accordance with the provisions of 42 USC 12141 to 42 USC 12150, inclusive.

SECTION 63. Each executive office, agency, department, board and commission receiving funds pursuant to this act shall certify to the comptroller on a quarterly basis, beginning in the fourth quarter of fiscal year nineteen hundred and ninety-one, that all payments from the proceeds of the sale of bonds, notes or other funds authorized in this act, that have been made during the preceding quarter in the form of salaries, wages, benefits, reimbursements for services or other compensation to any person, whether an individual, corporation or association, were for duties and responsibilities primarily allowable to projects or undertakings authorized or substantially funded in this act.

The comptroller shall file with the house and senate committees on ways and means, a quarterly report, beginning with the fourth quarter of fiscal year nineteen hundred and ninety-one, detailing the total number, and corresponding dollar amount, of employees and consultants compensated by each executive office, agency, department, board and commission from the sale of bonds, notes or other funds authorized in this act, in the "AA", "BB", "CC", "HH", "JJ" and "00" subsidiary accounts, respectively.

SECTION 64. Notwithstanding the provisions of chapter thirty-one of the General Laws or any other general or special law or rule to the contrary, the commissioner of the metropolitan district commission may provisionally appoint in any fiscal year not more than fifty persons who have received a bachelor's or master's degree in an appropriate engineering, environmental, architectural, or scientific discipline from an accredited college or university to serve in the titles of civil engineer I, environmental analyst I, game biologist I or chemist I; provided, however, that upon request to the personnel administrator, the commissioner may appoint persons possessing said bachelor's or master's degrees to additional nonengineering professional titles in the first level of a class series within the statewide classification plan after a determination by the personnel administrator that the knowledge, skills and abilities of the title are necessary to effectuate the purposes of the provisions of this act; provided, further, that no appointment may be made under this paragraph to a title for which the minimum entrance requirements as established by the personnel administrator include experience, in addition to education. Following such provisional appointment, each person appointed under this paragraph shall be subject to the provisions of chapter one hundred and fifty E of the General Laws, but shall not be subject to the provisions of chapter thirty-one of the General Laws except as otherwise provided herein; provided, further, that no such person shall be terminated or otherwise removed from a position as a result of the establishment or certification of a civil service eligible list for the title in which a person is employed. Each person appointed under this paragraph shall be deemed eligible to take and shall take the first civil service examination for the title in which he is employed, the announcement for which is posted following a provisional appointment or the effective date of this act, whichever is later; provided, further, that in the case of engineering titles, each person appointed under this paragraph shall secure certification as an engineer-in-training or as a registered professional engineer by the board of registration of professional engineers and land surveyors as provided by the provisions of chapter one hundred and twelve of the General Laws. Upon receipt of a passing grade on the examination and a satisfactory performance evaluation as defined in section six A of said chapter thirty-one for a one year probationary period and, in the case of persons appointed to said engineering title, certification as an engineer-in-training or as a registered professional engineer, each person appointed under this paragraph shall be deemed to be appointed a civil service employee in accordance with the provisions of said chapter thirty-one; provided, however, that if a person appointed under this paragraph fails to take and pass the first appropriate civil service examination, and, where required fails to pass the engineer-in-training examination or professional engineer certification within one year of his provisional appointment, notwithstanding the provisions of any law or collective bargaining contract to the contrary, the commissioner shall terminate the employment of the person.

Notwithstanding the provisions of chapter thirty-one of the General Laws or any other general or special law or rule to the contrary, the commissioner may provisionally appoint no more than thirty persons who have received a bachelor's or master's degree in an appropriate environmental, architectural, scientific discipline from an accredited college or university and who possesses the appropriate additional experience requirements as established by the personnel administrator to serve in titles of wildlife and acquisition coordinator, landscape architect, geologist, building inspector, ornithologist, construction coordinator I and any other entry level title associated with said disciplines, or in titles above the first level class series of the statewide classification plan not described above after a determination by the personnel administrator that the knowledge, skills and abilities of the titles are necessary to effectuate the purposes of the provisions of this act. Following his provisional appointment, each person shall be subject to the provisions of chapter one hundred and fifty E of the General Laws, but shall not be subject to the provisions of said chapter thirty-one except as otherwise provided herein; provided, however, that no person shall be terminated or otherwise removed from a position as a result of the establishment or certification of a civil service eligible list for the title in which a person is employed. Each person provisionally appointed under this paragraph shall be deemed eligible to take and shall take, the first appropriate civil service examination for the title in which he is employed, the announcement for which is posted following a provisional appointment or the effective date of this act, whichever is later. Each person appointed under this paragraph, after a satisfactory performance evaluation as defined in section six A of said chapter thirty-one of a probationary period and the receipt of a passing grade on the civil service examination, shall be deemed to be appointed a civil service employee in accordance with the provisions of said chapter thirty-one; provided, however, that if a person appointed under this paragraph fails to take and pass the first appropriate civil service examination, or otherwise acquire civil service status in a manner consistent with civil service law and rules, notwithstanding the provisions of any law or collective bargaining agreement to the contrary, the commissioner shall terminate the employment of the person.

Nothing in this section shall be construed to relieve the commissioner 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 of the General Laws, second to veterans as defined in section one of said chapter thirty-one, and third to all other qualified persons, including employees of the commission having such degrees as are specified.

SECTION 65. The commissioner of the metropolitan district commission is hereby authorized to develop and establish a project accounting system for capital accounts. The project accounting system shall be utilized to assess charges for all project related costs including, but not limited to, administrative overhead costs. The commissioner may employ or reassign employees of the commission to said project as may be required; provided, however, that the salaries and administrative expenses may be charged to the accounts funding such projects. Said charges shall not exceed seven percent of the following appropriation accounts: 2420-7880, 2420-8881, 2440-7870, 2440-7878, 2440-7879, 2440-7880, 2440-7885, 2440-7891, 2440-7892, 2440-7893, 2440-7895, 2440-8802, 2440-8819, 2440-8840, 2440-8844, 2440-8848, 2440-8873, 2440-8881, 2440-8884, 2440-8885, 2440-8887, 2440-8888, 2440-8889, 2440-9812, 2440-9813, 2440-9883, 2440-9848, 2444-8812, 2449-7350, 2449-7373, 2449-8754, 2449-8755, 2490-0008, 2490-0009, 2490-0010, 2490-0012, 2490-8881.

SECTION 66. A report shall be filed with the joint committee on transportation and the house and senate committees on ways and means which provides a current status on the capital projects in design, along with capital projects current expending authorization. Said report shall be filed by the commission, the Massachusetts aeronautics commission and the secretary of the executive office of transportation and construction on behalf of the regional transit authorities and as spending relates to said executive office's Mobility Assistance Program, Intercity Bus Capital Assistance Program, the Rail Transportation Program, and the Commuter Boat Program. The first report shall be filed on July first, nineteen hundred and ninety-one and shall be filed on a quarterly basis thereafter.

SECTION 67. The secretary of transportation and construction shall, within one year of the effective date of this act, prepare a comprehensive state transportation plan for the fiscal years from nineteen hundred and ninety-two through nineteen hundred and ninety-seven. Said plan shall be prepared after public hearings pursuant to chapter thirty A of the General Laws. Said plan shall be designed to improve the quality of life in the commonwealth by promoting economic development and employment in the commonwealth by meeting cost effectively the diverse transportation needs of all residents of the commonwealth, including urban, suburban, and rural populations and especially elderly, disabled and transit-dependent persons, while minimizing the harmful effects of transportation systems on public health and the environment and promoting public safety. Said plan's development process shall consider all transportation options on an integrated basis, including highway, road, transit, rail, air and water transportation, and shall be consistent and fully integrated with transportation planning activities required under the federal Clean Air Act. Said plan shall also include an engineering assessment to anticipate highway, road and bridge needs throughout the commonwealth which prioritizes projects based on need as determined by objective engineering measurements of condition, safety and service. The executive offices of environmental affairs and economic affairs shall be consulted in the development of said plan. Said plan shall be updated every three years.

SECTION 68. The secretary of administration and finance and the commissioner of public works shall prepare a report on the practice of hiring and funding salaries of employees of the commonwealth through the proceeds of bonds issued by the commonwealth and persons who, once hired, later become permanent employees of the commonwealth. Said report shall be issued by September first, nineteen hundred and ninety-one.

SECTION 69. All agencies, authorities and public entities of the commonwealth are hereby authorized and directed to enter into agreements with the attorney general for reimbursement for expenses incurred in fulfilling the obligations of the attorney general set forth in section three of chapter twelve of the General Laws as they pertain to the provisions of this act. Such action may, but shall not be limited to, representation of the commonwealth, its officers, and agencies in environmental, eminent domain, contract and tort proceedings.

SECTION 70. The department of public works is hereby authorized and directed to develop a plan detailing the required use of eminent domain powers to be exercised on behalf of any other public entity, authority, railroad or utility and necessary for the completion of the Central Artery Third Harbor Tunnel Project, so-called, or any other project authorized pursuant to this act. Said plan shall be filed with the committee on transportation and the house and senate committees on ways and means on or before September first, nineteen hundred and ninety-one, together with drafts of any legislation recommended by such plan.

SECTION 71. The secretary of transportation and construction and the commissioner of public works shall study and implement to the extent feasible, alternative methods for accelerated billing of the Federal Highway Administration for costs of the commonwealth that are eligible for federal reimbursement. The study shall identify strategies that can be used to increase the frequency of billing and maximize the accuracy and timeliness of reimbursement. The study shall be filed with the joint committee on transportation and the house and senate committee on ways and means within one hundred and twenty days of approval of this act together with any legislation required to implement any recommendations of said study.

SECTION 72. In order to minimize the hazards of lead poisoning to workers and the general public, the department and the commission shall cause a lead paint inspection to be performed by a licensed lead paint inspector, pursuant to the department of labor and industries regulation 454 CMR 22.00, prior to the repair of any painted surface, including bridges, where that surface will be disturbed by the planned repair or reconstruction work. If the department or commission determines that lead abatement work is required, the department or the commission shall cause lead abatement work to be performed by a licensed de-leader-contractor, in compliance with all applicable regulations of the commonwealth, including those of the departments of labor and industries and public health, and those stipulated in 454 CMR 22.00.

SECTION 73. In furtherance of the purposes of this act, which are not only to promptly construct, reconstruct, improve, rehabilitate and repair the commonwealth's transportation infrastructure but also to construct and maintain the commonwealth's infrastructure as to prevent or minimize prospective infrastructure deterioration, degradation and decay and to eliminate or abate existing infrastructure deterioration, degradation or decay; in recognition that the use of certain environmentally and occupationally safe construction materials and products may not only prolong the useful life, prevent and abate deterioration, and defer repair of the commonwealth's transportation infrastructure thereby saving direct costs but also in forestalling deterioration may avert the disruption of transportation services thereby avoiding attendant, untoward economic consequences; and in acknowledgement that the comprehensive highway, mass transport and rail programs proposed by the act may be substantially financed with federal funds and made contingent on compliance with federal air quality standards, occupational health and safety standards and public health and safety standards: therefore, the department and all other state agencies, authorities and instrumentalities of the commonwealth are directed to consider the following:

(1) In awarding contracts and in specifying and selecting materials and products to be utilized in implementing this act, consideration shall be given and preference may be given to those materials and products which when used alone or in conjunction with other materials and products will enhance durability, maximize the useful life and abate and prevent deterioration, degradation, decay, corrosion, weathering and any other wasting of the commonwealth's transportation infrastructure, including its highways, roads, bridges, tunnels, guideways and other transportation related facilities, structures and structural components.

(2) In awarding contracts and in specifying and selecting materials and products to be utilized in implementing this act, consideration shall be given and preference may be given, to those materials and products which will enhance the resistance of transportation facilities, structures and structural components to potentially damaging insults from deicing chemicals, salt waters, brackish waters, and other hostile environments indigenous to the commonwealth.

(3) In awarding contracts and in assessing costs of materials and products to be utilized in implementing this act, the entire life cycle costs are to be considered, and consideration should be given to those materials and products whose use will result in direct and indirect cost savings, considering installation costs and repair, replacement and maintenance costs, and other direct and indirect costs and expenses, over the life of a proposed project.

(4) In awarding contracts and in specifying and selecting materials and products to be utilized in implementing this act, consideration shall be given and preference may be given to materials and products which prevent or minimize, to the extent feasible, the emission and release of toxic air pollutants into the ambient environment, the workplace environment and the indoor environment.

(5) In awarding contracts and in specifying and selecting materials and products to be utilized in implementing this act, consideration shall be given and preference may be given to materials and products which meet federal and state environmental, indoor and workplace standards, criteria, rules, regulations, policies and practices governing the emission and release of toxic air pollutants including volatile organic compounds and ozone.

(6) In awarding contracts and in specifying and selecting materials and products to be utilized in implementing this act, consideration shall be given and preference may be given to those materials and products supplied by or produced by companies which employ and retain and are likely to continue to employ and retain significant numbers of residents of the commonwealth.

(7) Nothing in this section shall be construed as establishing a preference for asphalt or concrete applications in the construction, repair and paving of highways or roads.

(8) The provisions of this section are severable, and if any of its provisions or any application thereof shall be held unconstitutional by any court of competent jurisdiction, the decision of the court shall not affect or impair any of the remaining provisions or other application thereof.

SECTION 74. Notwithstanding the provisions of any general or special law to the contrary, the department of public works is hereby authorized and directed to pay to the town of Westford a sum equal to the entire sum of money paid by said town to the department for a traffic improvement project at the intersection of Boston, Carlisle, and Chelmsford roads in said town, pursuant to Agreement Number 5661 between the department and said town, approved by the department on February sixteenth, nineteen hundred and ninety.

SECTION 75. The secretary of transportation and construction is hereby authorized to establish a citizen's advisory committee to oversee the Route 146/Massachusetts Turnpike Interchange Project as it affects the neighborhoods of the city of Worcester and the town of Millbury.

The committee established herein shall consist of two residents of the affected neighborhoods of the city of Worcester, two members from the Route 146 task force or the city manager's Route 146 advisory committee to be appointed by the city council of the city of Worcester, two residents of the affected neighborhoods of the town of Millbury, two members from the Route 146 Millbury study committee and one member of the Blackstone River Valley National Heritage Corridor Commission to be appointed by said commission.

Said committee shall sit through the entire project period. It shall meet monthly without compensation to prepare a report made available to the public on the progress of the project and any and all adverse impacts arising from the project during the project.

Said committee shall consider, but not be limited to, the following:

(1) continued easy access into and out of the affected neighborhoods by both pedestrians and vehicles;

(2) continued unimpaired ability for sale or rental of available property;

(3) effective and efficient noise and air pollution control measures;

(4) the hours during which work can be performed to complete the project;

(5) appropriate routes for heavy equipment vehicles and other vehicles removing excavated land from the project site and any vehicle related to the project;

(6) traffic and parking alternatives in reaction to problems stemming from the project;

(7) securing any and all land made available by the project and its use to stabilize and improve the residential areas of the affected neighborhoods.

SECTION 76. For the purposes of this act the following words shall have the following meanings:-

"Minority", a person with permanent residence in the United States who is Black, Portuguese, Western Hemisphere Hispanic, Asian, Native American or Cape Verdean.

"Minority business enterprise", any individual, business organization or nonprofit corporation which is certified as a minority business by the state office of minority and women business assistance established pursuant to section forty-one of chapter twenty-three A of the General Laws.

It shall be the goal of each agency, commission, authority and political subdivision authorized to make expenditures pursuant to the provisions of this act, in accordance with federal law, to enter into construction contracts with minority and women business enterprises equalling, at a minimum, ten percent of the total dollar value of such contracts funded by this act, to enter into contracts for goods with minority and women business enterprises equalling, at a minimum, five percent of the total dollar value of such contracts funded by this act, and to enter into contracts for services with minority business enterprises equalling, at a minimum, five percent of the total dollar value of such contracts funded by this act.

The secretary of each agency or commission, and the executive officer of each authority or political subdivision authorized to make expenditures under the provisions of this act shall monitor the implementation of this section to insure that the best efforts of each agency, commission and authority are utilized in the implementation of this section. Each agency, commission or authority authorized to make expenditures under the provisions of this act shall provide written quarterly reports to its respective secretary and, in the case of a political subdivision, said quarterly reports shall be filed with the office granting or otherwise providing funds authorized in this act, detailing the number of contracts entered into, the dollar value of each contract entered into, the number of contracts entered into with minority business enterprises, and the dollar value of each contract entered into with minority business enterprises.

Notwithstanding the provisions of any general or special law to the contrary, each executive office, agency, commission, authority or political subdivision may certify minority and women business enterprises for the purposes of this section in a manner consistent with the rules and regulations promulgated by the state office of minority and women business assistance. If an initial determination is made by an executive office, agency, commission, authority or political subdivision that a business is a minority or women business, such determination shall be referred to said state office for its approval and certification. Said state office shall have thirty days from the date of referral to approve or disapprove said business. In the event said state office shall fail to act within thirty days from the date of referral, said business shall be deemed certified as a minority business and entitled to certification for the contract for which certification is initiated only. Upon the certification of a business as a minority or women business by said state office of minority and women business assistance, such certification is effective for all executive offices and agencies for the purposes of this section.

SECTION 77. Notwithstanding the provisions of sections twenty and sixty-four of this act, the affirmative action officer or the officer designated to monitor affirmative action hiring in the department of public works and the metropolitan district commission are hereby directed to submit a written report, in the case of said department to the secretary of transportation and construction, and in the case of said commission to the secretary of environmental affairs, within sixty days of the effective date of this act, detailing the hiring plan to be utilized to recruit and employ members of protected groups as established pursuant to executive orders numbered two hundred and twenty-seven, two hundred and forty-six, and two hundred and thirty-five, as amended by executive order number two hundred and fifty-three, for positions authorized in said sections twenty and fifty-eight. Each officer shall report, in writing, on the last day of each month to the appropriate secretary on the number of positions filled pursuant to said sections twenty and fifty-eight and the number of members of the protected groups as described herein hired as a result of the hiring plan.

SECTION 78. The commissioner of the department of public works appointed prior to the effective date of this act shall continue to hold office in accordance with the terms of his appointment and subject to all provisions of general law. After the effective date of this act, the department and the public works commission and all their obligations, powers and duties shall continue as they were prior to the effective date of this act, except as otherwise provided in this act.

SECTION 79. Section 1 of chapter 16 of the General Laws, as amended by section 7 of chapter 6 of the acts of 1991, is hereby further amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be a department of public works, in sections one to five, inclusive, and sections thirteen and fourteen called the department, which shall be under the supervision and control of a public works commission, in sections one to five, inclusive, called the commission.

SECTION 80. Said section 1 of said chapter 16 is hereby further amended by striking out the seventh sentence and inserting in place thereof the following sentence:- The position of commissioner shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of said chapter thirty and the commissioner shall devote full time during business hours to the duties of his office.

SECTION 81. Section 2 of said chapter 16 is hereby further amended by striking out the fifth sentence.

SECTION 82. Paragraph (b) of section 5 of said chapter 16, as appearing in the 1988 Official Edition, is hereby amended by striking out the third sentence and inserting in place thereof the following three sentences:- The term of the hearing examiner shall be coterminous with the term of the governor. The hearing examiner shall devote full time during business hours to the duties of his position. The position shall be classified in accordance with section forty-five of chapter thirty and the salary shall be determined in accordance with section forty-six C of chapter thirty.

SECTION 83. Chapter 21 of the General Laws is hereby amended by inserting after section 6H the following section:-

Section 6I. There is hereby established a fund to be known as the Environmental Law Enforcement Fund to which shall be credited such sums as are determined under the provisions of section thirteen of chapter sixty-four A; such sums as are received by the commonwealth pursuant to sections six F and six G of chapter twenty-one and sections three, twenty-two and thirty-six of chapter ninety B; such sums as are credited from other funds for the operation of the division including, but not limited to, the hazardous waste bureau; such sums as are credited pursuant to section sixteen of chapter two hundred and seventy; criminal fines received by the commonwealth pursuant to section sixteen of chapter two hundred and seventy; criminal fines or criminal penalties received by the commonwealth from prosecutions for violations of the provisions of chapter twenty-one, ninety B, one hundred and thirty or one hundred and thirty-one or the regulations promulgated thereunder; any gift or grant for the purpose of providing environmental law enforcement; sums received by the commonwealth from the sale of the division's digital data products, including, but not limited to, machine readable media, hard copy and cartographic output and the cost of the services of management information specialists needed to produce such products; and all such sums as are received by the commonwealth from the federal government on account of the activities of the division of law enforcement. Said fund may be expended, subject to appropriation, for the purpose of providing law enforcement coverage throughout the commonwealth and in maintaining, managing and operating the division of law enforcement in carrying out its functions including such appropriations and expenditures as are necessary to assure the proper administration of said division.

SECTION 84. Said chapter 21 is hereby further amended by inserting after section 17E the following section:-

Section 17F. There is hereby established a fund to be known as the Public Access Fund to which shall be credited such sums as are determined under the provisions of section thirteen of chapter sixty-four A and such sums as are received by the commonwealth from the federal government on account of the activities of the public access board. Said fund may be expended, subject to appropriation, only for the purposes authorized in section seventeen A of chapter twenty-one.

SECTION 85. Section 13 of chapter 64A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out paragraphs (a) and (b) and inserting in place thereof the following two paragraphs:-

(a) sixty-eight and sixty one-hundredths percent shall be credited to the Highway Fund.

(b) whereas not less than one and two-fifths percent of the excise imposed by section four is obtained from the sale or importation of fuel used in producing or generating power for the operation of watercraft of every description, except seaplanes, said excise funds shall be credited as follows:- fifteen one-hundredths of one percent to the Inland Fisheries and Game Fund established by section two of chapter one hundred and thirty-one; fifteen one-hundredths of one percent to the Public Access Fund established by section seventeen E of chapter twenty-one; thirty one-hundredths of one percent to the Marine Fisheries Fund established by section two B of chapter one hundred and thirty; thirty one-hundredths of one percent to the Environmental Law Enforcement Fund established by section six H of chapter twenty-one; and fifty one-hundredths of one percent to the Harbors and Inland Waters Maintenance Fund established by section ten B of chapter ninety-one.

SECTION 86. Section 7A of chapter 85 of the General Laws is hereby amended by inserting after the word "contamination", as so appearing, in lines 4 and 5, the words:- ; provided, further, that any sodium chloride, calcium chloride or chemically treated abrasives or other chemicals used for the removal of snow or ice on roads and stored within two hundred yards of an established river or estuary must be stored in a solid frame storage shed to insure against ground leaching and airborne pollution of surrounding property.

SECTION 87. Section 1 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the definition of "Motorized bicycle" and inserting in place thereof the following definition:-

"Motorized bicycle", a pedal bicycle which has a helper motor, or a non-pedal bicycle which has a motor, rated not more than 1.5 brake horsepower, a cylinder capacity not exceeding fifty cubic centimeters, an automatic transmission, and which is capable of a maximum design speed of no more than thirty miles an hour.

SECTION 88. Chapter 91 of the General Laws is hereby amended by inserting after section 10A the following section:-

Section 10A>. There is hereby established a fund to be known as the Harbors and Inland Waters Maintenance Fund to which shall be credited such sums as are determined under the provisions of section thirteen of chapter sixty-four A, sections forty-two, forty-three, forty-five, forty-six A and forty-nine of chapter ninety-one and any sums received by the commonwealth from the federal government on account of the activities of the department of environmental management relative to (a) the continuous maintenance dredging; (b) cleaning of all areas within the harbors, inland waters and great ponds of the commonwealth including removal of sunken and abandoned vessels, derelict piers and any other obstacles deemed to be hazardous to navigation; (c) maintenance of state piers; and (d) for the purpose of carrying out the provisions of section thirty-one. All monies in said fund shall be subject to appropriation, and shall be used only for the purpose of continuous maintenance dredging and cleaning of harbors, inland waters and great ponds of the commonwealth, including removal of sunken and abandoned vessels, derelict piers and any other obstacles deemed to be hazardous to navigation, by the department of environmental management.

SECTION 89. Said chapter 91 is hereby further amended by inserting after section 11 the following section:-

Section 11A. The department is hereby authorized to enter into agreements with municipalities, local commissions or local authorities for performance of work necessary for resource protection, navigational safety and protection and development projects approved by the department. Said agreements shall be limited to those for which the department is authorized under sections nine A, ten, ten B, eleven, twenty-nine, twenty-nine A, thirty-one, thirty-eight, and thirty-nine of chapter ninety-one. The department may make application to the government of the United States for reimbursement of any amounts expended under any provisions of this section.

SECTION 90. Chapter 130 of the General Laws is hereby amended by inserting after section 2 the following section:-

Section 2B. There is hereby established a fund to be known as the Marine Fisheries Fund to which shall be credited such sums as are determined under the provisions of section thirteen of chapter sixty-four A; such sums as are received by the commonwealth pursuant to sections seventeen and seventy-seven of chapter one hundred and thirty; such sums received for licenses, certificates and permits issued in accordance with section eighty-three of said chapter one hundred and thirty; any gift or grant for the purpose of managing and protecting marine fish and fisheries; such sums as are credited from other funds for the propagation and management of marine fish and fisheries; such sums received on account of litigation or the settlement thereof for the purposes of aiding in the enhancement and protection of any marine fishery resource; sums received by the commonwealth from the sale of the division's digital data products; including, but not limited to, machine readable media, hard copy and cartographic output and the cost of the services of management information specialists needed to produce such products; and all sums received by the commonwealth from the federal government on account of the activities of the division of marine fisheries. All monies in said fund shall be appropriated for the purpose of maintaining, managing, and operating the division of marine fisheries in carrying out its functions including such appropriations and expenditures as are necessary to assure the proper administration of said division.

SECTION 91. Section 23 of chapter 161A of the General Laws, as appearing in the 1988 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

Not more than three billion one hundred seventy-eight million three hundred 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; provided, further, that any bonds which are redeemed on or after January first, nineteen hundred and ninety-two shall not be reissued.

SECTION 92. 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 percent of the bonds issued thereafter, but not exceeding under this clause the debt service on two billion nine hundred thirty-seven million five hundred ten 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, however, 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; and provided, further, that said indebtedness shall not be subject to the limitations contained in the following paragraph; and (e) ninety percent of the lease payments arising from lease obligations of the authority providing for the long term use of mass transportation facilities and equipment.

SECTION 93. Said chapter 161A is hereby further amended by adding the following section:-

Section 32. The authority shall have the power to engage in electric utility business which shall include the generation, transformation, transmission and distribution of electricity for public consumption of electricity used in connection with the mass movement of persons. The authority shall be classified as a domestic electric utility pursuant to chapter one hundred and sixty-four A solely for the purpose of purchasing electricity and becoming a member of the New England Power Pool. The authority may exercise any of its rights and powers under chapter one hundred and sixty-one A necessary or convenient to carry out and effectuate the purpose of providing light, heat and power in connection with the mass movement of persons. In addition, the authority shall have the following powers:

(a) to purchase electric power and energy, including, without limiting the generality of the foregoing, all or a portion of the capacity and output of one or more specific electric power facilities, and steam whether or not produced by an electric power facility;

(b) to purchase electric power and energy and other products of electric power facilities from other utilities, public and private, within and without the commonwealth; provided, however, that nothing in this section shall be construed to authorize resale of electric power and energy so purchased except as otherwise authorized by law;

(c) to contract for the use of transmission and distribution facilities owned by others for the delivery to the authority, and any such owner is hereby authorized to enter into such contracts with the corporation;

(d) to contract with respect to the purchase, sale, delivery, exchange, interchange, wheeling, pooling, transmission or use of electric power and energy and to otherwise participate in the New England Power Pool, as defined by section one of chapter one hundred and sixty-four A; and

(e) to do all things necessary, convenient or desirable to carry out the purposes of providing electricity in connection with the mass movement of persons or powers expressly granted or necessarily implied in this chapter.

SECTION 94. The definition of "Net cost of service" in section 1 of chapter 161B of the General Laws, as so appearing, is hereby amended by inserting after the word "rentals", in line 29, the words:- payments into a reserve account established pursuant to the provisions of paragraph (q) of section six.

SECTION 95. Section 6 of said chapter 161B, as so appearing, is hereby amended by adding the following paragraph:-

(q) to establish a reserve account for the purpose of meeting the cost of extraordinary expenses of the authority. The account shall consist of annual payments made by the authority into said account in an amount not to exceed three percent of the prior year's local assessment. Any balance remaining in said account at the end of each fiscal year of the authority shall be carried forward into the next fiscal year; provided, however, the aggregate amount of said account shall not exceed twenty percent of the prior year's local assessment at any time during any fiscal year of the authority. Any expenditure made by an authority pursuant to this paragraph for extraordinary expenses shall be subject to the approval of the secretary. The secretary shall issue guidelines to each authority establishing the type of extraordinary expenses said account may be used for and detailing the procedures for the approval process for said expenditures.

SECTION 96. The second paragraph of section 17 of said chapter 161B, as so appearing, is hereby amended by striking out the last sentence and inserting in place thereof the following sentence:- Seventy-five percent of the bond proceeds shall be extended only for projects for which the authority has agreements with the federal government providing for matching grants or for expenditures which are preliminary to the obtaining of federal grants.

SECTION 97. Section 5 of chapter 161D of the General Laws, as so appearing, is hereby amended by striking out, in line 23, the word "and".

SECTION 98. Said section 5 of said chapter 161D, as so appearing, is hereby further amended by striking out, in line 26, the word "lessee" and inserting in place thereof the word:- lessee;.

SECTION 99. Said section 5 of said chapter 161D, as so appearing, is hereby further amended by adding the following clause:-

(6) Notwithstanding the provisions of clause (1), the secretary may extend the term of a lease entered into pursuant to this section; provided, however, that the term of such lease including any extension thereof shall not exceed twelve years; provided, further, that the rate for any lease extension may be adjusted and shall, as nearly as possible, produce sufficient revenues to the commonwealth in combination with the revised estimated revenues from the sale of such vehicles after twelve years under the provisions of clause (4) to recover the principal cost to the commonwealth of said program.

SECTION 100. Section 1 of chapter 164A of the General Laws, as so appearing, is hereby amended by striking out the definition of "Domestic electric utility" and inserting in place thereof the following definition:-

"Domestic electric utility", an electric utility organized under the laws of, or having its principal place of business in the commonwealth, including the Massachusetts Bay Transportation Authority for the purposes specified in chapter one hundred and sixty-one A.

SECTION 101. Chapter 265 of the General Laws is hereby amended by adding the following section:-

Section 42. Whoever uses a radio or boom box, so-called, or similar broadcasting equipment without the use of earphones or other apparatus on a public conveyance used for the common carriage of persons, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for not more than one month. Evidence seized pursuant to this section shall be sold at public auction and the proceeds therefrom may be applied against outstanding fines and court costs.

SECTION 102. Section 3 of chapter 701 of the acts of 1960, as amended by section 65 of chapter 15 of the acts of 1988, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The Woods Hole, Martha's Vineyard and Nantucket Steamship Authority shall consist of four persons to be appointed as follows:- one resident of the town of Nantucket by the selectmen thereof; one resident of the county of Dukes County by the county commissioners thereof; and one resident of the town of Falmouth by the selectmen thereof, each of whom shall serve for a term of three years and until his successor has been appointed and qualified; and one resident of the town of Barnstable by the town council thereof, which shall be a nonvoting member of the authority and who shall serve at the pleasure of said town council. The successor of each member from the town of Nantucket, the county of Dukes County, and the town of Falmouth shall be appointed in a like manner for a like term, except that any person appointed to fill a vacancy shall serve only for the period of the unexpired term. A member from the town of Nantucket, the county of Dukes County or the town of Falmouth may be removed for cause by the selectmen of the town or the commissioners of the county of which he was a resident at the time of his appointment.

SECTION 103. Said section 3 of said chapter 701, as amended by said section 65 of said chapter 15, is hereby further amended by striking out the fourth paragraph and inserting in place thereof the following paragraph:-

The authority shall elect one of the voting members as vice-chairman and as secretary and shall also elect a treasurer who need not be a member of the authority. Two voting members of the authority shall constitute a quorum, and the vote of two members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority. Before the issuance of any steamship bonds under the provisions of this act, each voting member of the authority shall execute a surety bond to the commonwealth with a surety company authorized to transact business in this commonwealth as surety in the penal sum of ten thousand dollars, and the treasurer shall execute such a bond in the penal sum of twenty thousand dollars conditioned upon the faithful performance of the duties of his office. Each surety bond shall be approved by the attorney general and filed in the office of the state secretary. The members of the authority shall serve without compensation. Each member shall be reimbursed for his actual expenses necessarily incurred in the performance of his duties. All expenses incurred in carrying out the provisions of this act shall be paid solely from funds provided under the authority of this act, and no liability or obligation shall be incurred by the authority hereunder beyond the extent to which monies shall have been provided under authority of this act.

SECTION 104. Paragraph (b) of section 4 of said chapter 701, as amended by section 1 of chapter 460 of the acts of 1985, is hereby further amended by striking out, in line 6, the word "twenty-five" and inserting in place thereof the word:- fifty.

SECTION 105. Paragraph (e) of said section 4 of said chapter 701 is hereby amended by inserting after the word "purposes", in line 2, the words:- ; provided, however, that no acquisition of real property or capital improvement in excess of fifty thousand dollars shall be undertaken by the authority within the town of Barnstable unless written notice of said real property acquisition or capital improvement is forwarded by registered mail and subsequently approved by the Barnstable town council, a majority of the members thereof present and voting. Said notice shall include, but not be limited to, a detailed description of the proposed real property acquisition or capital improvement and any other documents relevant or pertinent to said proposal. Failure on the part of said town council to render a vote on said real property acquisition or capital improvement within ninety days of the receipt of said notice shall constitute approval of said town council.

SECTION 106. Section 1 of chapter 616 of the acts of 1967 is hereby amended by striking out, in line 4, the words "three hundred million" and inserting in place thereof the words:- two hundred ninety-nine million nine hundred ninety-seven thousand one hundred fifty-seven.

SECTION 107. Section 1 of chapter 765 of the acts of 1972, as most recently amended by section 1 of chapter 415 of the acts of 1975, is hereby further amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

The state department of public works, hereinafter called the department and the metropolitan district commission, hereinafter called the commission, are hereby authorized and directed to expend a sum not to exceed five hundred fifty-nine million nine hundred twenty-one thousand one hundred and five dollars for projects for the laying out, construction, reconstruction, resurfacing, relocation or improvement of highways, parkways, bridges, grade crossing eliminations and alteration of crossing at other than grade, parking facilities, training, scenic easements, archeological and paleontogical studies and salvage and for construction of needed improvements on other routes not designated as state highways and without acceptance by the commonwealth of responsibility for maintenance; provided, that any portion of the sum authorized herein may be used in conjunction with county, city or town funds, and for traffic safety devices on state highways, and on roads constructed under the provisions of section thirty-four of chapter ninety of the General Laws, and for traffic and parking studies, including the establishment of school zones in cities and towns in accordance with the provisions of section seventeen of said chapter ninety; and, provided further, that when dwellings or other structures are removed the excavations or cellar holes remaining shall be filled in and brought to grade within one month, and notwithstanding any law to the contrary to relocate persons residing in or carrying on business in, or to replace such dwellings or other structures, and to pay relocation benefits in amounts equal to levels of benefits provided for by the Uniform Relocation Assistance and Real Property Acquisition Policies of 1970, Public Law 91-646, as amended.

SECTION 108. Section 1 of chapter 356 of the acts of 1977 is hereby amended by striking out, in lines 3 and 4, the words "four hundred sixty-eight million" and inserting in place thereof the words:- four hundred sixty-seven million four hundred eighty-two thousand five hundred forty-five.

SECTION 109. Clause (a) of section 1A of said chapter 356 is hereby amended by striking out, in line 1, the words "two hundred million" and inserting in place thereof the words:- one hundred ninety-nine million five hundred three thousand four hundred twenty.

SECTION 110. Clause (b) of said section 1A of said chapter 356 is hereby amended by striking out, in line 1, the words "two hundred ten million" and inserting in place thereof the words:- two hundred nine million nine hundred seventy-nine thousand one hundred twenty-five.

SECTION 111. Section 1 of chapter 480 of the acts of 1979 is hereby amended by striking out, in lines 3 and 4, the words "three hundred and ninety-six million" and inserting in place thereof the words:- three hundred ninety-four million nine hundred thirty-one thousand and sixty-six.

SECTION 112. Clause (a) of section 2 of said chapter 480 is hereby amended by striking out, in line 1, the words "two hundred million" and inserting in place thereof the words:- one hundred ninety-nine million forty-six thousand four hundred forty-eight.

SECTION 113. Clause (b) of said section 2 of said chapter 480 is hereby amended by striking out, in line 1, the words "one hundred and fifty-five million" and inserting in place thereof the words:- one hundred fifty-four million eight hundred eighty-six thousand six hundred eighteen.

SECTION 114. Section 15 of chapter 732 of the acts of 1981 is hereby amended by striking out, in lines 3 and 4, the words "two hundred and thirty-seven million" and inserting in place thereof the words:- two hundred thirty-six million nine hundred twenty-two thousand two hundred ninety-three.

SECTION 115. Section 16 of said chapter 732 is hereby amended by striking out clause (a), as amended by chapter 296 of the acts of 1983, and inserting in place thereof the following clause:-

(a) a sum not to exceed one hundred eighty-two million nine hundred twenty-two thousand two hundred ninety-three dollars for projects, pursuant to the provisions of section one of this act, on the federal aid highway system other than interstate.

SECTION 116. Section 1 of chapter 637 of the acts of 1983 is hereby amended by striking out, in lines 3 and 4, "four hundred and sixty-four million" and inserting in place thereof the words:- four hundred sixty-two million two hundred sixteen thousand seven hundred forty.

SECTION 117. Clause (a) of section 2 of said chapter 637 is hereby amended by striking out, in line 1, "two hundred million" and inserting in place thereof the words:- one hundred ninety-eight million four hundred sixty-three thousand seven hundred twenty-six.

SECTION 118. Clause (b) of said section 2 of said chapter 637 is hereby amended by striking out, in line 1, the words "two hundred million" and inserting in place thereof the words:- one hundred ninety-nine million seven hundred fifty-three thousand and fourteen.

SECTION 119. The second paragraph of section 13 of said chapter 637 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Said secretary may, from funds provided for such purposes, meet the costs to administer said program, and provide grant funds to any regional transit authority established under the provisions of chapter one hundred and sixty-one B of the General Laws to any public agency or political subdivision of the commonwealth for the specific purpose of providing improved transportation services to elderly and handicapped persons and also for said purposes to any nonprofit corporation only from urban mass transportation funds.

SECTION 120. Subsection (c) of section 1 of chapter 240 of the acts of 1984 is hereby amended by striking out the first paragraph and inserting in place thereof the following paragraph:-

Any operating agreement with the tenant pertaining to said garage shall be for a term, including all options for extension, that is coterminous with the termination date of the lease with tenant authorized in subsection (b).

SECTION 121. Paragraph (6) of section 1 of chapter 349 of the acts of 1986 is hereby amended by inserting after the word "operation", in line 2, the words:- ; the citizens of the commonwealth have a right to public access and open space for waterfront areas and the use of such areas for active and passive park uses is desirable.

SECTION 122. Said paragraph (6) of said section 1 of said chapter 349 is hereby further amended by inserting after the word "uses", in line 4, the words:- serve a proper public purpose, which uses are hereby deemed water dependent-industrial uses or uses accessory thereto and.

SECTION 123. Said section 1 of said chapter 349 is hereby further amended by adding the following paragraph:-

(8) The authority has divided the development of the Piers into two phases (Phase I and Phase II) for planning purposes and for review in accordance with sections sixty-one to sixty-two H, inclusive of chapter thirty of the General Laws with the approval of the secretary of environmental affairs. Phase I includes the area of the piers referred to as piers 4 and 5 and associated upland areas and consists of a lobster terminal and park. Phase II includes the remainder of the piers and associated upland areas. The authority has completed the final environmental impact report (FEIR) with respect to Phase I. The secretary of environmental affairs certified on August second nineteen hundred and ninety that the said report adequately and properly complied with section sixty-two of chapter thirty of the General Laws and associated implementing regulations.

SECTION 124. Section 2 of said chapter 349 is hereby amended by striking out the definition of "PAC" and inserting in place thereof the following definition:-

"PAC", the East Boston Project Advisory Committee, Incorporated consisting of nineteen members, eight of whom shall be appointed by the mayor of the city of Boston, eight of whom shall be appointed by the commissioner of the department of public works of the commonwealth, one of whom shall be the district's house of representatives member or his designee, one of whom shall be the district's senate member or his designee and one of whom shall be the district city councilor or his designee.

SECTION 125. Said section 2 of said chapter 349 is hereby further amended by striking out the definition of "Plan" and inserting in place thereof the following definition:-

"Plan", for the waterfront park and lobster facility will consist of two phases. Phase I is the plan developed by the authority in the FEIR which consists of a lobster terminal and waterfront park on piers 4 and 5 and associated upland areas (Phase I). Phase II (Phase II) will be a waterfront park on pier 3 and associated upland, as more fully described below. The authority has divided the development of the Piers into two phases (Phase I and Phase II) for planning purposes and for review in accordance with sections sixty-one and sixty-two H, inclusive, of chapter thirty of the General Laws with the approval of the secretary of environmental affairs. It is important to the citizens of the commonwealth and to the potential users of the lobster terminal and park reviewed in Phase I that the construction of said project proceed as soon as possible while Phase II is designed and constructed in accordance with this act. The aforementioned lobster terminal shall provide for between eighteen and twenty commercial lobster vessels.

The area of the Phase II park shall include at least the following as shown on Sheet Nos. 26N-14E and 26N-15E of the "City of Boston Topographic and Planimetric Survey", dated 1962 and on file with the Boston Redevelopment Authority (the BRA Plan); beginning at the eastern-most edge of Pier No. 1 and a line from that edge to Marginal Road; thence returning along said line to the water's edge at Pier 1; thence running in an easterly direction along said water's edge to the midpoint between Pier 1 and the existing Pier 3; thence running parallel to said eastern-most edge of Pier 1 to the "Pierhead and Bulkhead Line" as shown on the BRA Plan; thence running along said Pierhead and Bulkhead Line (but including the full outline of any existing piers) in a southeasterly direction to a point intersecting the line of the southwestern edge of the Phase I Park extended out to the "Pierhead and Bulkhead Line"; then running along said Private Street and Marginal Street to the point of beginning. The foregoing description is meant and intended to result in a continuous of upland and pier bark and lobster facilities from the edge of Pier 1, to end through Pier 5, as described in the FEIR. The Phase II park shall include all pilings, supports, the bulkheads, conveyors and structures thereon or thereunder, the land underneath said piers, and upland areas located southwest of Marginal Street.

SECTION 126. Said chapter 349 is hereby further amended by striking out section 3 and inserting in place thereof the following section:-

Section 3. The division, on behalf of the commonwealth and in consultation with the department, is hereby authorized and empowered:

(a) to fix and revise from time to time and to charge and collect such fees, rentals or other charges for the use of said lobster facilities, but only to the extent allowed pursuant to the agreement between the division and the authority; provided, however, that any such fees, rentals or other charges collected hereunder shall be applied as required under section eleven; and provided, further, that any lobster pier facilities constructed in accordance with the provisions of this act shall be available to prospective users of the facilities, upon payment of a reasonable fee, in a nondiscriminatory manner;

(b) to enter into any other agreements with any person or entity or to otherwise act in order to effectuate the development of lobster facilities at any site other than the piers deemed suitable by the division and located in the Boston harbor area. The division shall have the powers relative to such a site as those granted under clauses (a), (b) and (c) of this section but without the limitations that apply to agreements with the authority with respect to the piers; and

(c) to do any and all things necessary or convenient to carry out its purposes and exercise the powers conferred by this act; provided, however, that acquisition of any interest in real property pursuant to this act shall be made in accordance with the provisions of sections forty F to forty H, inclusive, of chapter seven of the General Laws and the purposes described in Article XCVII of the Amendments to the Constitution of the Commonwealth; provided, further, that the deputy commissioner of the division may delegate any authority conferred upon him by this act to the commissioner of the department so long as said delegation conforms with section forty E of said chapter seven.

SECTION 127. Paragraph (a) of section 4 of said chapter 349 is hereby amended by striking out, in line 1, the word "division" and inserting in place thereof the word:- PAC.

SECTION 128. Said paragraph (a) of said section 4 of said chapter 349 is hereby further amended by striking out, in line 4, the word "department" and inserting in place thereof the word:- PAC.

SECTION 129. Paragraph (d) of said section 4 of said chapter 349 is hereby amended by striking out, in line 2, the word "department" and inserting in place thereof the word:- PAC.

SECTION 130. Paragraph (f) of said section 4 of said chapter 349 is hereby amended by striking out, in lines 1 and 7, the word "division" and inserting in place thereof, in each instance, the word:- PAC.

SECTION 131. Said paragraph (f) of said section 4 of said chapter 349 is hereby further amended by striking out, in line 4, the word "department" and inserting in place thereof the word:- PAC.

SECTION 132. Section 5 of said chapter 349 is hereby amended by striking out paragraph (c).

SECTION 133. Said chapter 349 is hereby further amended by striking out section 6 and inserting in place thereof the following section:-

Section 6. The design for the Phase I park and lobster facility shall be as set forth in the FEIR. Development of final plans and specifications and construction of the Phase I park and lobster terminal shall commence immediately. The design of the Phase II park shall be commenced immediately by the authority, in consultation with the PAC. The PAC shall approve all preliminary and final designs for the park and no construction may commence without approval of the PAC. The authority is hereby directed to move as expeditiously as possible to design and construct the Phase II park. Notwithstanding the previous sentence, the authority shall have no obligation to commence construction of the Phase II park until bonds in an amount adequate to meet the expenditure necessary to construct said Phase II park have been issued and sold by the state treasurer, as provided for in this section.

The members of the PAC shall serve without compensation. The PAC shall meet from time to time to review the operation and maintenance of the waterfront park and shall advise the authority on its compliance with the requirements of this act. The PAC shall create its own bylaws and procedures. It shall always consist of the same number of members specified above. In the event that a vacancy in the membership of the PAC occurs, for whatever reason, the remaining members of the PAC shall nominate and elect new members. The PAC is hereby authorized and directed to enter into a contract with the authority which will specify in detail the operational and maintenance requirements of the authority with respect to the Phase I park and lobster terminal and the Phase II park. The PAC shall also advise the authority as to the other issues in East Boston concerning the authority. The authority shall pay for the reasonable operating expenses of the PAC.

SECTION 134. Said chapter 349 is hereby further amended by striking out section 7 and inserting in place thereof the following section:-

Section 7. The provisions of sections sixty-one to sixty-two H, inclusive, of chapter thirty of the General Laws shall apply for all projects proposed at the piers, including the lobster facility and waterfront park to the extent applicable to projects of the authority; provided, however, that the project for Phase I of the waterfront park and lobster terminal as described in the final environmental impact report certified the secretary of environmental affairs on August second, nineteen hundred and ninety shall not require further environmental review pursuant to said sections sixty-one to sixty-two H, inclusive. For the purpose of the compliance with said sections sixty-one to sixty-two H, inclusive, the authority shall be deemed to be lead agency project proponent.

SECTION 135. Said chapter 349 is hereby further amended by striking out section 8 and inserting in place thereof the following section:-

Section 8. The authority shall fund the final design, construction, operation, and maintenance of the Phase I park, the final design of the lobster facility, and the final design of the Phase II park. Notwithstanding the foregoing, the authority shall have no obligation to fund construction of the Phase II park unless and until bonds are issued to meet the expenditure necessary to construct the Phase II park in accordance with section nine. The authority shall have responsibility for the operation and maintenance of the entire waterfront park and the lobster facility. The authority shall enter into a contract with the PAC setting forth the standards by which said authority shall operate and maintain the waterfront park and the lobster facility, such contracted standards shall be at least comparable to maintenance standards employed by other waterfront parks in the North End of the city of Boston. Said contract shall provide that a penalty shall be assessed against said authority for any failure to comply with said contracted standards. Any and all such penalties shall be paid by said authority to the PAC to be placed in a separate account for the maintenance of the waterfront park and the lobster facility.

It shall be the responsibility of the authority, at all times, to provide adequate staffing levels necessary to operate and maintain the waterfront park and the lobster facility in conformance with the contracted standards.

The entire area to be covered by the Phase I park and the Phase II park, exclusive of the lobster facility, is hereby deemed to be public park land for purposes of Article XCVII of the Amendments to the Constitution. Any use of said area by the authority or any other person or entity for uses other than the Phase I or Phase II park shall be deemed a purpose inconsistent with the use of public park lands, and thereby subject to the terms and conditions of said Article XCVII. The foregoing shall include all associated buildings and facilities and improvements thereon contained on or within the Phase I or Phase II park areas. In the event that the lobster facility is at any time discontinued or is not constructed as a lobster facility, the area where the lobster facility was or would have been constructed shall also be deemed to be a public park land subject to the protection of said Article XCVII. The authority is hereby prohibited from undertaking any use to take place on the Phase I and Phase II parks and the lobster facility if same is not constructed or discontinued, as provided for in the previous sentence which is not a public park land use.

SECTION 136. Section 9 of said chapter 349 is hereby amended by striking out the first sentence and inserting in place thereof the following three sentences:- The authority shall fund the final design, construction, operation and maintenance of the Phase I park and the operation and maintenance of the Phase II park from its general revenues. To meet the expenditure necessary to design and construct the Phase II park, the state treasurer shall issue and sell bonds of the commonwealth, registered or with interest coupons attached, as he may deem best, to an amount to be specified by the governor, from time, to time, but not exceeding, in the aggregate, the sum of seventeen million dollars. Any balance left over shall be paid to the commonwealth by deposit to the fund established hereunder, which revenues shall be applied to payments on the bonds issued pursuant to section nine.

SECTION 137. The first paragraph of section 11 of said chapter 349 is hereby amended by striking out the first sentence and inserting in place thereof the following two sentences:- Any and all revenues received by the authority from the lobster facility and waterfront park at the piers from rentals, fees, or any other charge or source other than grants made for specific purposes relating to the lobster facility and park, shall be deposited with the authority and applied to the operation and maintenance of the lobster facility. Any balance left over shall be paid to the commonwealth by deposit to the fund established hereunder, which revenues shall be applied to payments on the bonds issued pursuant to section nine.

SECTION 138. The second paragraph of section 11 of said chapter 349 is hereby amended by striking out the second sentence.

SECTION 139. Said section 11 of said chapter 349 is hereby further amended by striking out the third paragraph.

SECTION 140. Section 1 of chapter 811 of the acts of 1985 is hereby amended by striking out, in line 3, the words "nine hundred and thirteen million" and inserting in place thereof the words:- eight hundred forty-six million four hundred fifty-five thousand eight hundred forty-seven.

SECTION 141. Paragraph (a) of section 2 of said chapter 811 is hereby amended by striking out, in line 1, the words "three hundred million" and inserting in place thereof the words:- two hundred thirty-three million five hundred four thousand four hundred forty-eight.

SECTION 142. Paragraph (b) of said section 2 of said chapter 811 is hereby amended by striking out, in line 1, the words "five hundred and forty million" and inserting in place thereof the following words:- five hundred thirty-nine million nine hundred fifty-one thousand three hundred ninety-nine.

SECTION 143. Paragraph (c) of said section 2 of said chapter 811 is hereby amended by striking out subparagraph (3) and inserting in place thereof the following subparagraph:-

(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 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 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 not 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 appropriate promotional civil service examination for the title to which they have been appointed and held following their appointment; provided, however, that prior to such examination, there shall have been added to the schedule of permanent offices and positions approved by the house and senate committees 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 a promotional examination, said employee shall be appointed permanently in a title in the order of his ranking on the applicable civil service list, without regard to requests for lateral transfers to a position under any applicable collective bargaining agreement, and the provisions of chapter thirty-one shall thereafter apply to said 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 a person fails to take or fails to pass the first appropriate promotional examination for which he is eligible, held following his appointment, the commissioner shall, notwithstanding chapter thirty-one of the General Laws or any collective bargaining agreement, terminate the employment of the person in his sole discretion. 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 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.

SECTION 144. The last paragraph of said paragraph (c) of said section 2 of said chapter 811 is hereby amended by striking out the last sentence.

SECTION 145. Said chapter 811 is hereby further amended by striking out section 23, as amended by section 78 of chapter 15 of the acts of 1988, and inserting in place thereof the following section:-

Section 23. The secretary of the executive office of transportation and construction is hereby authorized and directed 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 and to transportation areas organized pursuant to the provisions of chapter one hundred and sixty-one of the General Laws. Funds provided for this purpose shall be expended to meet the costs of administering the program and be awarded to regional transit authorities and transportation areas 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 transportation areas and regional transit authorities; provided, however, that fifty percent of the funds shall be expended only for projects for which the regional transit authority or transportation areas have agreements with the federal government providing for funds of at least one-half of the estimated eligible cost of the projects or for expenditures that are preliminary to obtaining federal funds; provided, further, that payments to regional transit authorities and transportation areas under the provisions of this paragraph shall be for the reimbursement of actual expenses incurred by a regional transit authority or transportation area on projects eligible under this paragraph, except that regional transit authorities and transportation areas shall be eligible to receive a direct grant under this paragraph if the regional transit authority or transportation area certifies that the grant funds will be obligated within ninety days. Said secretary is authorized to take the actions as deemed necessary to carry out the provisions of this section. Said secretary shall report annually to the house and senate committees on ways and means and the joint committee on transportation regarding the status of the program.

SECTION 146. Section 3 of chapter 15 of the acts of 1988 is hereby amended by striking out clause (g).

SECTION 147. Clause (o) of section 3 of said chapter 15 is hereby amended by inserting after the word "million", in line 1, the words:- six hundred thousand,- and by inserting after the word "improvements", in line 2, the words:- , including the testing, removal and encapsulation of lead-based paint.

SECTION 148. Said section 3 of said chapter 15 is hereby further amended by striking out clause (p).

SECTION 150. Said section 3 of said chapter 15 is hereby further amended by striking out clause (r) and inserting in place thereof the following clause:-

(r) a sum not to exceed twenty million dollars for projects to construct, reconstruct or otherwise improve water supply, drainage or sewerage facilities affected by or affecting on any highway or bridge of the department or any public use airport under the jurisdiction of the Massachusetts aeronautics commission or affected by any project undertaken by the department or said commission;.

SECTION 151. Section 10 of said chapter 15 is hereby amended by striking out, in lines 6 and 7, the words "five hundred and thirty-seven million four hundred and forty-two thousand" and inserting in place thereof the following words:- five hundred sixty-three million four hundred thirty-two thousand three hundred eighty-two.

SECTION 152. Clause (d) of the first paragraph of section 16 of said chapter 15 is hereby amended by inserting after the word "program", in line 3, the words:- or for commission equipment or vehicles.

SECTION 153. The second paragraph of section 22 of said chapter 15 is hereby amended by inserting after the word "general", in line 2, the words:- or special.

SECTION 154. Said section 22 of said chapter 15 is hereby further amended by adding the following two paragraphs:-

Notwithstanding the foregoing sentence to the contrary, any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation revenue bonds pursuant to section two O of chapter twenty-nine of the General Laws; provided, however, that in deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account (i) generally prevailing financial market conditions, (ii) the impact of each such approach on the overall capital financing plans and needs of the commonwealth, (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued, and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section two O; provided, further, that the aggregate amount of special obligation revenue bonds issued pursuant to this paragraph and general obligation bonds issued pursuant to the preceding two paragraphs shall not exceed nine million dollars.

All special obligation bonds issued pursuant to this section shall be designated on their face the words, Special Obligation Revenue Armed Services YMCA Functional Replacement Loan, Act of 1991 and shall be issued for a 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 sixteen. All interest and payments on account of principal of such obligations shall be payable from the Infrastructure Subfund established in section two O of said chapter twenty-nine. Special obligation revenue bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section two O of said chapter twenty-nine.

SECTION 155. The provisions of section sixty-five of this act shall take effect as of July first, nineteen hundred and ninety. `t+99

Approved May 10, 1991.

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1991

CHAPTER 33 AN ACT PROVIDING FOR AN ACCELERATED TRANSPORTATION DEVELOPMENT AND IMPROVEMENT PROGRAM FOR THE COMMONWEALTH.

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