Session Laws

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. To partially provide for a program of transportation development and improvements in anticipation of additional sums to be appropriated subsequent to this act, the sums set forth in sections two and two A, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the provisions of law regulating the disbursement of public funds and approval thereof.

SECTION 2. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Massachusetts Highway Department. `tc1 6033-1961 `tc4 For projects, pursuant to the provisions of sections six and seven, on the interstate federal aid highway system; provided, that said sum may be expended for the costs of said projects including, but not limited to, the non-participating portions of such projects and the costs of engineering and other services essential to such projects, rendered by department employees or by consultants; provided further, that 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, provided that such expenses are federally reimbursed; provided further, that 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 fund the corresponding state portion of the federal commitment to fund such obligation; provided further, the department shall only enter into obligations for said project pursuant to the authority granted in this act based upon a prior commitment of federal funds and the availability of corresponding state funding authorized and appropriated for such use by the general court for the class and category of project for which such obligation applies; provided further, that the funds authorized herein shall be expended in accordance with the most recently published statewide transportation improvement program; and provided further, that the commissioner of the department of highways shall file an annual spending plan with the budget bureau and the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $87,275,000 `tc1 6033-1962 `tc4 For projects, pursuant to the provisions of sections six and seven of this act, for federal aid projects and for non-participating portions of such projects; provided, that 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; provided further, 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; provided further, that such expenses are federally reimbursed; provided further, that 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 fund the corresponding state portion of the federal commitment to fund such obligation; provided further, the department shall only enter into obligations for said projects pursuant to the authority granted in this act based upon a prior commitment of federal funds and the availability of corresponding state funding authorized and appropriated for such use by the general court for the class and category of project for which such obligation applies; and provided further that the funds authorized herein shall be expended in accordance with the most recently published statewide transportation improvement program; and provided further, that the commissioner of the department of highways shall file an annual spending plan with the budget bureau and the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item `tc6 $389,750,000 `tcol;end

SECTION 2A. `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,53,tfh1;c5=16,49,tu;c6=66,13,tur `tc3 EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION. `tc2 Massachusetts Highway Department. `tc1 6033-1963 `tc4 For the construction of, repair of or improvement to non-federally aided roadway projects and for the non-participating portion of federally aided projects pursuant to section seven; provided, that the costs of professional personnel, directly and exclusively involved in the construction, planning, engineering and design of the projects funded herein may be charged to this item; provided further, that said costs shall not be classified as administrative costs; provided further, that an amount not to exceed two percent of the amount authorized herein may be expended for the administrative costs directly attributable to the programs funded herein; and, provided further, that the funds authorized herein shall solely be used to fund projects on the statewide program `tc6 $146,725,000 `tc1 6033-1967 `tc4 For the design, reconstruction and improvement, including the testing, removal and encapsulation of lead-based paint, to highway bridges and other bridges, pursuant to section seven; provided, that the costs of professional personnel, directly and exclusively involved in the construction, planning, engineering and design of the projects funded herein may be charged to this item; provided further, that said costs shall not be classified as administrative costs; provided further, that an amount not to exceed two percent of the amount authorized herein may be expended for the administrative costs directly attributable to the programs funded herein; provided further, that the commissioner shall file an annual spending plan with the budget bureau and the house and senate committees on ways and means which details, by subsidiary, all personnel costs and administrative costs charged to this item; and provided further, that the department is authorized and directed to pursue federal participation for projects authorized herein wherever applicable; and, provided further, that the funds authorized herein shall solely be used to fund projects on the statewide program `tc6 $51,883,750 `tc1 6033-1969 `tc4 For construction and reconstruction of town and county ways pursuant to sections nine and fifteen of this act `tc6 $300,000,000 `tcol;end

SECTION 3. To meet a portion of the expenditures necessary in carrying out the provisions of section two, 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 hundred million one hundred fifteen thousand five hundred 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. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan Act of 1996 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 of Massachusetts; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand twenty-one. 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. All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 1996 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 of Massachusetts; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand twenty-one. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund 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 4. To meet the expenditures necessary in carrying out the provisions of section two 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, the sum of four hundred ninety-eight million six hundred eight thousand seven hundred fifty 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. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan Act of 1996 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 of Massachusetts; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand twenty-one. 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. All special obligation bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 1996 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 of Massachusetts; provided, however, that all such bonds shall be payable not later than June thirtieth, two thousand twenty-one. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund 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 5. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by sections three and four 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 of Massachusetts, 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 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 6. The department of highways, hereinafter called the department, is hereby authorized and directed to expend the sums authorized in section two 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, on-street bicycle projects and sidewalks, 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 two of chapter eighty-five, improvements on routes not designated as state highways without assumption of maintenance responsibilities and, 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 section two, consideration shall be made to accommodate and incorporate provisions to facilitate the use of bicycles and walking as a means of transportation; provided, however, that nothing herein shall give rise to enforceable legal rights in any party or a cause of action or an enforceable entitlement as to the projects provided herein; and provided, further, that nothing stated herein shall be construed as to giving rise to such enforceable legal rights in any party or a cause of action or an such enforceable entitlement as to the projects provided herein.

Funds authorized by section two 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.

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 of buildings, utility facilities and toll booths to be constructed as part of the Central Artery/Third Harbor Tunnel Project, and shall construct, control, supervise or contract said structures; provided, however, that no construction or contractual agreement for construction shall begin prior to the review and approval of the inspector general of the commonwealth. The inspector general shall file with the house and senate committees on ways and means and the joint committee on transportation all notices of approval for projects undertaken pursuant to the provisions of this paragraph.

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.

In carrying out the provisions of this section, the department may enter into contracts or agreements with a city to mitigate the impacts of projects undertaken pursuant to this act and to undertake additional transportation measures within such city, and may enter into such contracts or agreements with other state, local or regional public agencies, authorities, or political subdivisions as may be necessary to implement such city agreements. Cities and other state, local or regional public agencies, authorities or political subdivisions are hereby granted the authority to enter into such contracts or agreements with the department. In relation to such agreements the department is hereby authorized to and may advance to such agencies or authorities without prior expenditure by such agencies or authorities, monies necessary to carry out such agreements; provided however, that the department certifies to the comptroller the amount so advanced; and, provided further, that all monies not expended under such agreement shall be credited to the account of the department from which it was advanced.

SECTION 7. In carrying out the provisions of sections two and two A, the department of highways 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 advance monies to such agencies or authorities, without prior expenditure by such agencies or authorities, and such agencies and authorities are hereby authorized to accept monies necessary to carry out such agreements; provided, however, that the department shall certify to the comptroller the amounts so advanced; provided, further, that such agreements shall 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 shall be credited to the account of the department from which they were advanced. The department shall report to the house and senate committees on ways and means any transfers completed pursuant to the provisions of this section.

SECTION 8. All sums expended either pursuant to this act 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 9. The funds appropriated in item 6033-1969 of section two A of this act are hereby made available and shall be in addition to those funds appropriated in 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, paragraph (c) of section three of chapter fifteen of the acts of nineteen hundred and eighty-eight, section ten of chapter two hundred and eight of the acts of nineteen hundred and eighty-eight, paragraph (c) of section three of chapter thirty-three of the acts of nineteen hundred and ninety-one and item 6010-3950 of section two A of chapter eighty-five of the acts of nineteen hundred and ninety-four for projects for construction and reconstruction of town and county ways as described in subclause (a) of clause (2) of the second paragraph 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 said paragraph (d) of said section three of said chapter six hundred and thirty-seven of the acts of nineteen hundred and eighty-three, said paragraph (d) of said section three of said chapter eight hundred and eleven, said paragraph (c) of said section three of said chapter fifteen, said section ten of said chapter two hundred and eight; said paragraph (c) of said section three of said chapter thirty-three and said item 6010-3950 of said section two A of said chapter eighty-five 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 such 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 such city or town under this section within thirty days after 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 reimbursement under this section, and the work has been completed to its satisfaction according to the specifications of such 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 such 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; and, provided further, that the funds provided herein may be expended for transportation enhancement projects as described in the Intermodal Surface Transportation Efficiency Act of 1991, P.L. 102-240, and for the repair, replacement or removal of underground municipal public works fuel tanks.

SECTION 10. Subclause (a) of clause (2) of the second paragraph of section 34 of chapter 90 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the first and second sentences and inserting in place thereof the following two sentences:- For expenditure, under the direction of said department, for maintaining, repairing, improving and constructing town and county ways and bridges, sidewalks adjacent to such ways and bridges, bikeways and other projects eligible for funding as a transportation enhancement project as described in the Intermodal Surface Transportation Efficiency Act of 1991, P.L. 102-240, salt storage sheds, bikeways and public use off-street parking facilities related to mass transportation, for engineering services and expenses related to highway transportation enhancement and mass transportation purposes, for care, repair, storage, replacement, purchase and long-term leasing of road building machinery, equipment and tools, for the erection and maintenance of direction signs and warning signs and for necessary or beneficial improvements to unpaved town and county ways together with any money which any town or county may appropriate for such purposes to be used on the same ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities. Such ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities shall remain town or county ways, sheds, bikeways, bridges, machinery, equipment, tools and facilities.

SECTION 11. Notwithstanding the provisions of any general or special law to the contrary, the department of highways, hereinafter referred to as the department, is hereby authorized and directed to take all necessary actions to secure federal highway or mass transportation assistance which is or may become available to the department including, but not limited to, actions authorized under or in compliance with the provision of Title 23 of the United States Code and section one hundred and forty-five of the Surface Transportation and Uniform Relocation Assistance Act of 1982, PL 97-424, the Surface Transportation and Uniform Relocation Act of 1987, PL 10-17, the Intermodal Surface Transportation Efficiency Act of 1991, PL 102-240, and actions such as filing applications for federal assistance, supervising the expenditure of funds under federal grants or other assistance agreements and making any determinations and certifications necessary or appropriate to the foregoing. If any federal law, administrative regulation or practice requires any action relating to such federal assistance to be taken by any department, agency or other instrumentality of the commonwealth other than the department of highways, such other department, agency or instrumentality is hereby authorized and directed to take such action.

In furtherance of the foregoing purposes, the department, as appropriate, shall apply for and accept any federal funds available for projects authorized in section two and such federal funds, when received, shall be credited to the Federal Highway Construction Program Fund. To meet a portion of the expenditures authorized by section two, there is hereby appropriated to the Federal Highway Construction Program Fund a sum of three hundred seventy-six million nine hundred nine thousand five hundred dollars which shall be expended, subject to the limitations contained in Article LXXVIII of the Amendments to the Constitution of the Commonwealth of Massachusetts and which shall be in addition to the amounts appropriated in section one of chapter fifteen of the acts of nineteen hundred and eighty-eight, section one of chapter thirty-three of the acts of nineteen hundred and ninety-one, section two of chapter one hundred and two of the acts of nineteen hundred and ninety-four and section two of chapter two hundred and seventy-three of the acts of nineteen hundred and ninety-four.

SECTION 12. The provisions of section sixty-one and sections sixty-two A to sixty-two H, inclusive, of chapter thirty of the General Laws and chapter ninety-one of the General Laws 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 such 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 sections sixty-two A to sixty-two H, inclusive, of said chapter thirty, said chapter ninety-one and said section forty of said chapter one hundred and thirty-one shall apply to any portions of the bridge and roadway approaches to the crossing of the Charles River for the Central Artery/Tunnel Project; 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 such track of a necessary clearance between such track and the state highway bridge, but such 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 section and item 6033-1967 of section two A, the word 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.

SECTION 13. The department of highways, hereinafter referred to as 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 words 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, including either land or facilities thereon, or both, which provide equivalent utility and the words 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 by 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 facility 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; 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 14. No payment in excess of one hundred and seventy-five thousand dollars by way of purchase of real estate or any interest therein shall be made by the department of highways and no settlement in excess of one hundred and seventy-five 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. 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 in excess of one hundred seventy-five 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 has been rendered, together with interest and costs.

SECTION 15. Notwithstanding the provisions of any general or special law to the contrary, the funds authorized in item 6033-1969 of section two A of this act shall be distributed according to the schedule listed below:

`tcol(*)=2;c1=1,16,tu;c2=69,10,tur `tch `tc1 MUNICIPALITY*AMOUNT `t+1 `tch;end `tc1 ABINGTON*561,262 ACTON*982,080 ACUSHNET*477,614 ADAMS*492,341 AGAWAM*1,034,624 ALFORD*122,716 AMESBURY*649,326 AMHERST*1,155,619 ANDOVER*2,035,009 ARLINGTON*1,293,522 ASHBURNHAM*522,195 ASHBY*371,741 ASHFIELD*464,469 ASHLAND*527,999 ATHOL*831,779 ATTLEBORO*2,008,452 AUBURN*925,202 AVON*308,903 AYER*388,789 BARNSTABLE*3,189,426 BARRE*700,156 BECKET*392,156 BEDFORD*944,879 BELCHERTOWN*872,445 BELLINGHAM*717,030 BELMONT*852,472 BERKLEY*353,038 BERLIN*303,535 BERNARDSTON*298,881 BEVERLY*1,532,724 BILLERICA*1,598,434 BLACKSTONE*373,519 BLANDFORD*422,342 BOLTON*429,318 BOSTON*22,227,945 BOURNE*926,781 BOXBOROUGH*255,693 BOXFORD*611,045 BOYLSTON*306,091 BRAINTREE*1,660,410 BREWSTER*443,205 BRIDGEWATER*948,421 BRIMFIELD*450,439 BROCKTON*3,005,404 BROOKFIELD*272,786 BROOKLINE*1,525,774 BUCKLAND*297,530 BURLINGTON*1,387,365 CAMBRIDGE*4,047,678 CANTON*1,065,302 CARLISLE*367,326 CARVER*576,817 CHARLEMONT*297,659 CHARLTON*921,408 CHATHAM*522,624 CHELMSFORD*1,622,114 CHELSEA*813,201 CHESHIRE*319,070 CHESTER*392,645 CHESTERFIELD*366,778 CHICOPEE*1,900,317 CHILMARK*105,850 CLARKSBURG*113,761 CLINTON*524,216 COHASSET*333,723 COLRAIN*538,095 CONCORD*1,071,095 CONWAY*438,167 CUMMINGTON*329,592 DALTON*372,785 DANVERS*1,366,728 DARTMOUTH*1,669,401 DEDHAM*1,004,859 DEERFIELD*632,447 DENNIS*1,076,606 DIGHTON*432,415 DOUGLAS*540,510 DOVER*383,213 DRACUT*1,104,174 DUDLEY*648,189 DUNSTABLE*257,799 DUXBURY*724,755 EAST BRIDGEWATER*351,228 EAST BROOKFIELD*152,835 EAST LONGMEADOW*923,497 EASTHAM*361,895 EASTHAMPTON*741,025 EASTON*907,317 EDGARTOWN*346,340 EGREMONT*253,636 ERVING*133,103 ESSEX*215,356 EVERETT*923,158 FAIRHAVEN*779,340 FALL RIVER*3,266,834 FALMOUTH*1,817,876 FITCHBURG*1,856,457 FLORIDA*267,081 FOXBOROUGH*795,585 FRAMINGHAM*2,784,667 FRANKLIN*1,123,758 FREETOWN*561,339 GARDNER*998,745 GAY HEAD*56,723 GEORGETOWN*399,259 GILL*283,751 GLOUCESTER*1,070,342 GOSHEN*178,226 GOSNOLD*14,650 GRAFTON*727,924 GRANBY*441,313 GRANVILLE*440,537 GREAT BARRINGTON*677,698 GREENFIELD*1,077,140 GROTON*643,137 GROVELAND*299,664 HADLEY*544,117 HALIFAX*354,854 HAMILTON*380,692 HAMPDEN*385,594 HANCOCK*162,555 HANOVER*675,717 HANSON*432,637 HARDWICK*602,499 HARVARD*566,979 HARWICH*963,979 HATFIELD*389,324 HAVERHILL*2,180,693 HAWLEY*293,753 HEATH*346,990 HINGHAM*1,071,449 HINSDALE*254,660 HOLBROOK*398,072 HOLDEN*923,820 HOLLAND*251,859 HOLLISTON*703,989 HOLYOKE*1,748,196 HOPEDALE*252,518 HOPKINTON*661,790 HUBBARDSTON*563,506 HUDSON*871,729 HULL*457,600 HUNTINGTON*271,475 IPSWICH*658,053 KINGSTON*587,731 LAKEVILLE*489,501 LANCASTER*486,077 LANESBOROUGH*357,475 LAWRENCE*1,915,682 LEE*454,932 LEICESTER*668,934 LENOX*473,170 LEOMINSTER*1,753,680 LEVERETT*240,405 LEXINGTON*1,425,561 LEYDEN*240,091 LINCOLN*434,346 LITTLETON*529,437 LONGMEADOW*794,097 LOWELL*2,889,337 LUDLOW*924,481 LUNENBURG*668,798 LYNN*2,396,738 LYNNFIELD*559,038 MALDEN*1,525,090 MANCHESTER*241,821 MANSFIELD*843,598 MARBLEHEAD*737,552 MARION*216,948 MARLBOROUGH*1,528,433 MARSHFIELD*909,599 MASHPEE*892,838 MATTAPOISETT*337,012 MAYNARD*454,095 MEDFIELD*637,138 MEDFORD*1,579,452 MEDWAY*565,583 MELROSE*879,246 MENDON*333,331 MERRIMAC*272,742 METHUEN*1,637,044 MIDDLEBOROUGH*1,246,924 MIDDLEFIELD*253,598 MIDDLETON*385,164 MILFORD*1,120,905 MILLBURY*617,709 MILLIS*450,208 MILLVILLE*158,130 MILTON*950,547 MONROE*109,236 MONSON*771,831 MONTAGUE*791,102 MONTEREY*314,163 MONTGOMERY*206,739 MOUNT WASHINGTON*116,502 NAHANT*147,242 NANTUCKET*1,014,056 NATICK*1,410,761 NEEDHAM*1,398,551 NEW ASHFORD*72,986 NEW BEDFORD*3,515,123 NEW BRAINTREE*334,244 NEW MARLBOROUGH*565,355 NEW SALEM*257,129 NEWBURY*408,868 NEWBURYPORT*761,686 NEWTON*3,586,644 NORFOLK*517,409 NORTH ADAMS*653,485 NORTH ANDOVER*1,201,525 NORTH ATTLEBOROUGH*1,096,353 NORTH BROOKFIELD*513,733 NORTH READING*624,982 NORTHAMPTON*1,591,353 NORTHBOROUGH*695,662 NORTHBRIDGE*584,428 NORTHFIELD*475,522 NORTON*728,622 NORWELL*671,114 NORWOOD*1,402,587 OAK BLUFFS*274,008 OAKHAM*299,733 ORANGE*654,642 ORLEANS*466,988 OTIS*290,733 OXFORD*761,064 PALMER*822,553 PAXTON*290,838 PEABODY*1,432,348 PELHAM*158,383 PEMBROKE*575,550 PEPPERELL*615,188 PERU*222,533 PETERSHAM*420,881 PHILLIPSTON*309,244 PITTSFIELD*2,234,780 PLAINFIELD*318,074 PLAINVILLE*383,894 PLYMOUTH*1,956,842 PLYMPTON*247,818 PRINCETON*549,007 PROVINCETOWN*189,328 QUINCY*2,940,105 RANDOLPH*1,112,629 RAYNHAM*608,111 READING*875,668 REHOBOTH*873,367 REVERE*1,154,149 RICHMOND*277,979 ROCHESTER*419,949 ROCKLAND*633,136 ROCKPORT*324,988 ROWE*238,779 ROWLEY*335,113 ROYALSTON*469,027 RUSSELL*176,120 RUTLAND*486,110 SALEM*1,204,877 SALISBURY*327,121 SANDISFIELD*540,789 SANDWICH*848,932 SAUGUS*964,319 SAVOY*328,018 SCITUATE*866,984 SEEKONK*859,666 SHARON*904,473 SHEFFIELD*596,269 SHELBURNE*363,387 SHERBORN*374,652 SHIRLEY*384,084 SHREWSBURY*1,215,826 SHUTESBURY*221,979 SOMERSET*799,165 SOMERVILLE*1,722,077 SOUTH HADLEY*757,799 SOUTHAMPTON*479,248 SOUTHBOROUGH*556,754 SOUTHBRIDGE*787,533 SOUTHWICK*524,786 SPENCER*801,409 SPRINGFIELD*5,707,127 STERLING*654,427 STOCKBRIDGE*326,673 STONEHAM*787,149 STOUGHTON*1,185,250 STOW*377,695 STURBRIDGE*664,638 SUDBURY*969,205 SUNDERLAND*291,973 SUTTON*674,837 SWAMPSCOTT*423,489 SWANSEA*877,494 TAUNTON*2,024,560 TEMPLETON*537,228 TEWKSBURY*1,343,843 TISBURY*187,061 TOLLAND*264,644 TOPSFIELD*422,963 TOWNSEND*660,916 TRURO*276,495 TYNGSBOROUGH*516,998 TYRINGHAM*169,029 UPTON*447,096 UXBRIDGE*711,554 WAKEFIELD*1,034,265 WALES*174,560 WALPOLE*1,068,821 WALTHAM*2,602,033 WARE*702,454 WAREHAM*1,044,839 WARREN*493,871 WARWICK*375,388 WASHINGTON*282,277 WATERTOWN*1,165,589 WAYLAND*791,097 WEBSTER*720,399 WELLESLEY*1,355,988 WELLFLEET*399,112 WENDELL*322,568 WENHAM*222,522 WEST BOYLSTON*435,125 WEST BRIDGEWATER*524,339 WEST BROOKFIELD*378,574 WEST NEWBURY*318,624 WEST SPRINGFIELD*1,335,625 WEST STOCKBRIDGE*255,366 WEST TISBURY*115,156 WESTBOROUGH*1,120,876 WESTFIELD*1,808,618 WESTFORD*1,099,538 WESTHAMPTON*307,878 WESTMINSTER*650,175 WESTON*715,378 WESTPORT*1,000,255 WESTWOOD*822,901 WEYMOUTH*1,791,352 WHATELY*223,116 WHITMAN*517,777 WILBRAHAM*769,474 WILLIAMSBURG*308,805 WILLIAMSTOWN*502,070 WILMINGTON*1,154,243 WINCHENDON*721,162 WINCHESTER*829,338 WINDSOR*441,369 WINTHROP*483,434 WOBURN*1,859,773 WORCESTER*6,919,416 WORTHINGTON*392,773 WRENTHAM*554,160 YARMOUTH*1,377,428. `tcol;end