Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for a joint feasibility study relative to a unified transportation system in the Boston metropolitan area, 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. Chapter 102 of the acts of 1995 is hereby amended by striking out section 13 and inserting in place thereof the following section:-

Section 13. The executive office of transportation and construction and the authority are hereby authorized and directed to undertake a joint feasibility study of the financial, public policy, implementation and operational issues as they relate to the following:

(a) The Third Harbor tunnel:

(i) establishment of the amount and terms of any contribution from the Massachusetts Port Authority to the commonwealth toward the cost of constructing the Third Harbor tunnel, for which the measure of any such contribution shall be the reasonable value of the benefit conferred upon and received by the Massachusetts Port Authority as a result of the construction of said Third Harbor tunnel; provided, however, that the amount of such contribution shall be, at a minimum, one hundred million dollars, as determined pursuant to subsection (e) of section eleven; and

(ii) establishment of the amount of an annual contribution from the Massachusetts Port Authority to the authority for the maintenance, operation and repair of the Third Harbor tunnel; and

(iii) establishment of the amount of any additional contribution, in excess of the specific amounts referred to in section eleven, to be paid by the authority for the acquisition of the Third Harbor tunnel, giving recognition to all amounts expended or to be expended by the commonwealth for the Third Harbor tunnel; and

(iv) identification of assets commensurate with the value of the contribution from the Massachusetts Port Authority required under clause (i), which assets shall be transferred to the Massachusetts Port Authority in consideration of such contribution, and which assets, upon said transfer, shall constitute a portion of the airport properties of the Massachusetts Port Authority for the purposes of chapter four hundred and sixty-five of the acts of nineteen hundred and fifty-six; provided, however, that said assets shall be limited to the portions of the Third Harbor tunnel, as defined in section nine, in the East Boston section of the city of Boston serving General Edward Lawrence Logan International Airport beginning at a point on interstate highway 90 east of the Third Harbor tunnel toll facilities and continuing to and including said airport access and egress roadways connecting thereto and the interchange between said airport access and egress roadways and interstate highway 90 and state highway Route 1A; provided, further, that any such transfer shall be subject to a transfer agreement between the highway department and the Massachusetts Port Authority which shall include, but not be limited to, provisions which the authority, the Massachusetts Port Authority and the highway department agree are necessary to (a) effectuate the orderly transfer of the ownership, control, operation and maintenance of said asset and (b) assure the on-going safe and efficient operation and maintenance of the Third Harbor tunnel, including but not limited to the interchange between the General Edward Lawrence Logan International Airport access and egress roadways and interstate highway 90 and state highway Route 1A, and, if created, the metropolitan highway system; provided, further, the executive office of transportation and construction shall provide a report to the legislature's joint committee on transportation no later than April first, nineteen hundred and ninety-six, detailing all plans and preparations to coordinate the planning, design and construction among the authority, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority and the Central Artery/Tunnel of the so-called D008A component of the Central Artery/Tunnel project, including all construction contracts associated therewith; provided, further, such report shall include efforts being undertaken to coordinate the project with emphasis on the communities, agencies and authorities affected and shall further include an estimate of the cost of maintenance for the above mentioned component of the Central Artery/Tunnel project.

The Massachusetts Port Authority shall be a full participant in, and equally responsible for the associated costs of conducting, the joint feasibility study with respect to clauses (i), (ii) and (iv); provided, however, that the agreement of a majority of such participants shall be required prior to the submission of those portions of said feasibility study with respect to the subject matter of such clauses. Any contribution required from the Massachusetts Port Authority under said feasibility study shall be consistent with its enabling act, trust agreements entered into prior hereto by the Massachusetts Port Authority and with the requirements of applicable federal aviation law.

(b) The establishment of a metropolitan highway system:

(i) governance, need and implementation of a metropolitan highway system creating a unified system of roadways, tunnels and harbor crossings in the metropolitan area comprised of the Third Harbor tunnel, the Callahan tunnel, the Sumner tunnel, the Central artery, the Central artery north area, the Tobin Memorial Bridge and the Boston extension;

(ii) identify the sources and amounts of revenue available from the component parts of a metropolitan highway system as described in clause (i), federal and state sources and any other sources available to fund the cost of operation and maintenance of a metropolitan highway system in a safe and efficient manner, to pay the state funded portions of the cost of acquisition, design and construction of the Third Harbor tunnel, Central artery and the Central Artery north area and to pay any indebtedness of the authority relating to a metropolitan highway system;

(iii) identify the sources and amount of revenue available to fund the cost of operation and maintenance for Interstate highway Route 90 from the interchange of state highway Route 128 to the New York border in a safe and efficient manner, as well as to pay the cost of any indebtedness of the authority allocable to such highway;

(iv) determine the projected impact on tolls, if any, resulting from the establishment of such metropolitan highway system;

(v) determine the impact, if any, of a moratorium on toll increases on a component part of a metropolitan highway system on the cost of acquiring, operating and maintaining the component parts of a metropolitan highway system;

(vi) determine the impact, if any, of a prohibition on the establishment of any new toll stations on the cost of acquiring, operating and maintaining a metropolitan highway system;

(vii) determine the impact, if any, of the elimination of tolls on any portion or portions of the Massachusetts turnpike on the cost of operating and maintaining said Massachusetts turnpike;

(viii) the establishment of a cost center known as the western Massachusetts cost center which shall account for all revenues and expenses for that portion of interstate highway Route 90 from the New York border through and including the toll at the state highway Route 128 interchange, and to determine the impact, if any, of a western Massachusetts cost center on the operation and maintenance of the Massachusetts turnpike or any other portion of roadway owned by the authority;

(ix) determine how the authority shall work with transportation management associations and other similar regional transportation organizations to reduce vehicle congestion and improve the air quality through a program of transportation demand management which shall, at a minimum, include park and ride facilities at turnpike entrances, carpooling and vanpooling promotions, bus and shuttle services and an active marketing program for such services;

(x) determine the additional amounts, if any, beyond those already paid by the authority for the Third Harbor tunnel, to be required from the authority for its acquisition of any or all parts or segments of the metropolitan highway system as determined by the joint feasibility study;

(xi) determine the number of noncommuter private passenger vehicles registered in the city of Boston prior to the opening of the Third Harbor tunnel which use the Callahan tunnel and the Sumner tunnel and which would be anticipated to use the Third Harbor tunnel; and

(xii) study the impact, if any, of exclusively using any revenues derived by the authority from the leasing or sale of developmental rights, air rights, or land on tolls.

(c) Study the advisability, including public consideration of suspending all tolls on interstate highway Route 90 from the Massachusetts-New York border to the interchange of interstate highway Route 90 and interstate highway Route 93 beginning at noon of the day preceding until noon of the day following the first of January, the fourth of July, the fourth Thursday in November and the twenty-fifth of December; and also of suspending said tolls on interstate highway Route 90 at the following times: from noon of the Friday preceding the last Monday in May and the first Monday in September until noon of the Saturday preceding the first Monday in May and the first Monday in September; from noon of the last Monday in May and the first Monday in September until six o'clock ante meridian time of the subsequent Tuesday; and from noon of the Sunday subsequent to the fourth Thursday in November until six o'clock ante meridian time of the subsequent Monday.

The executive office of transportation and construction and the authority shall further, as part of the feasibility study, make recommendations for additional legislation required to advance the purposes of this act including, but not limited to: (i) amending or repealing chapter five hundred and ninety-eight of the acts of nineteen hundred and fifty-eight; (ii) amending or repealing chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two; (iii) amending or repealing chapter eight hundred and eleven of the acts of nineteen hundred and eighty-five; (iv) enacting final metropolitan highway system legislation to be enacted not later than July first, nineteen hundred and ninety-seven; and (v) the composition, role, powers and establishment of an advisory board to a metropolitan highway system and the authority.

The chairman of the authority and the secretary of the executive office of transportation and construction shall submit the results, findings and recommendations of the joint feasibility study required by this section to the general court and the governor not later than December first, nineteen hundred and ninety-six; provided, however, that the executive office of transportation and construction and the authority shall consult with the metropolitan area planning council before submitting such results, findings and recommendations of the joint feasibility study.

SECTION 2. Section 23 of said chapter 102 is hereby amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-

Said Boston Redevelopment Authority, said Boston transportation department, and said authority shall submit a copy of a final report to the chairmen of the house and senate committees on ways and means and the chairmen of the joint committee on transportation on or before April thirtieth, nineteen hundred and ninety-six, and file said report with the clerk of the house of representatives.

SECTION 3. This act shall take effect as of August tenth, nineteen hundred and ninety-five.