AN ACT PROVIDING FOR AN ACCELERATED TRANSPORTATION DEVELOPMENT AND IMPROVEMENT PROGRAM FOR THE MASSACHUSETTS BAY TRANSPORTATION AUTHORITY.
Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for an accelerated transportation development and improvement program for the Massachusetts Bay Transportation Authority, 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 provide for a program of transportation development and improvements, the sums set forth in section 2, 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.
EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.
Massachusetts Bay Transportation Authority.
- 6005-9906
- For capital expenditures of the authority, including obligation amounts of the authority, supported by contract assistance from the commonwealth through the period to and including June 30, 2000 prior to the establishment of stand-alone credit, so-called, that will support capital expenditures made by the authority after said date; provided, that the amount authorized herein shall be available for: the costs of previously authorized projects for which prior capital authorizations are insufficient, the costs of new projects undertaken by the authority pursuant to its program of mass transportation, the costs of projects specifically enumerated herein, the costs of complying with the requirements of state and federal law including, but not limited to, station renovation projects required by the Americans with Disabilities Act, and the costs of meeting the requirements of lawful agreements of the authority including, but not limited to, central artery mitigation, so-called; provided further, that funds may be expended from the amount authorized herein for the renovations and modernization of North Station; provided further, that funds may be expended from the amount authorized herein for the Greenbush line of the Old Colony commuter rail project; provided further, that funds may be expended from the amount authorized herein for the design, permitting, construction and other associated costs related to the requirements of the New Bedford/Fall River commuter rail project; provided further, that funds may be expended from the amount authorized herein for the purchase and installation of automated fare collection equipment; provided further, that funds may be expended from the amount authorized herein for the renovation of the Charles Street/Massachusetts General Hospital station on the red line, so-called, including restoration and replacement of fencing that encloses parcels adjacent to the tunnel portal between said station and Park street station; provided further, that funds may be expended from the amount authorized herein for the modernization and extension of the blue line, so-called; provided further, that funds may be expended from the amount authorized herein for completion of the Framingham to Worcester commuter rail extension project; provided further, that funds may be expended from the amount authorized herein for construction, rehabilitation and expansion of transit infrastructure, including shops and carhouses, commuter rail improvements, subway structural and ventilation improvements, systemwide track, power and bridge improvements, station expansion, modernization and rehabilitation, plant and facility improvements and material and equipment procurement; provided further, that funds may be expended from the amount authorized herein for the purchase, long-term lease and rehabilitation of buses, light and heavy rail vehicles and commuter rail rolling stock; provided further, that funds may be expended from the amount authorized herein for the design, renovation and reconstruction of the Ashmont, Fields Corner, Savin Hill and Shawmut stations on said red line and seven Mattapan high speed trolley line stations; provided further, that funds may be expended from the amount authorized herein for the relocation of the layover facility on the Haverhill commuter rail line located in the Bradford area of the city of Haverhill; provided further, that funds may be expended from the amount authorized herein for improvements and reconstruction of the commuter rail station and rail facility in the city of Gloucester; provided further, that funds may be expended from the amount authorized herein for noise mitigation, including costs associated with noise mitigation along the Massachusetts Bay Transportation Authority and commuter rail lines in the city of Quincy and the town of Braintree; provided further, that funds may be expended from the amount authorized herein to conduct a study examining pedestrian access to the Massachusetts Bay Transportation Authority Station from South Braintree square in the town of Braintree, to conduct a feasibility study regarding the reestablishment of the commuter rail line to the cities of Gardner and Athol on the existing Fitchburg/Gardner/Athol spur line, to conduct a feasibility study of providing additional rail service from Haverhill to Reading, to conduct a feasibility study of constructing a commuter parking garage in the downtown section of the town of Framingham and to conduct a feasibility study concerning the extension of commuter rail service from the city of Lawrence to the city known as the town of Methuen; provided further, that the studies shall be filed with the joint committee on transportation and the house and senate committees on ways and means not later than 160 days after the effective date of this act; provided further, that any amount not expended or obligated from the sum authorized herein shall cease to be available for expenditure after June 30, 2000 and any authorization for expenditure made herein after said date shall be obligated from the stand-alone credit of the authority, so-called; provided further, that any unexpended amounts from the authorization made herein shall cease to be effective and shall otherwise be null and void after June 30, 2000; provided further, that funds may be expended from the amount authorized in this item for the purchase of the capital equipment necessary for the establishment of high speed commuter rail service along the Fitchburg line; and provided further, that funds may be expended from the amount authorized herein for the design, permitting and construction of an extension of the Middleborough commuter rail route to provide service to the towns of Bourne and Wareham ..................$225,000,000
SECTION 3. Section 63 of chapter 10 of the General Laws, added by section 7 of chapter 87 of the acts of 2000 is hereby amended by inserting after the third paragraph the following paragraph:-
The state treasurer may invest any monies held for the credit of the fund in instruments permitted under sections 38, 38A, 38C and 49 of chapter 29 and as follows:
(a) commercial or finance company paper, including both non-interest-bearing discount obligations and interest bearing obligations payable on demand or on a specified date not more than one year after the date of issuance thereof, that is rated in one of the two highest rating classifications by a nationally recognized rating service;
(b) securities bearing interest or sold at a discount that are issued by any corporation incorporated under the laws of the United States or any state thereof and rated in one of the two highest rating classifications by any nationally recognized rating service at the time of such investment or contractual commitment providing for such investment;
(c) units of taxable money market funds which funds are regulated investment companies and seek to maintain a constant net asset value per share and have been rated in one of the two highest rating classifications by a nationally recognized rating service;
(d) investment agreements or guaranteed investment contracts rated, or with any financial institution whose senior long-term debt obligations are rated, or guaranteed by a financial institution whose senior long-term debt obligations are rated, at the time such agreement or contract is entered into, in one of the two highest rating classifications by a nationally recognized rating service; and
(e) investment agreements with a corporation whose principal business is to enter into such agreements if: (a) such corporation and the investment agreements of such corporation are each rated in one of the two highest rating classifications by a nationally recognized rating service; and (b) the commonwealth has an option to terminate each agreement in the event that such rating is downgraded below such two highest rating classifications.
SECTION 4. Section 9 of chapter 161A of the General Laws, as appearing in section 151 of chapter 127 of the acts of 1999, is hereby amended by adding the following paragraph:-
A city or town assessed by the authority that is not receiving paratransit services for the disabled from the authority shall have 50 per cent of the amount it expended in the previous fiscal year for the operation of or membership in a local or regional paratransit service credited against its share of the assessment made under this section. The amount credited shall not exceed the total amount of the assessment. The credit shall apply only to services provided to individuals eligible for paratransit services. As used in this paragraph, "paratransit services" shall mean services provided to individuals with disabilities who, as the result of a physical or mental impairment, including a vision impairment, are unable to board, ride or disembark from a vehicle in the authority's regular transportation system without the assistance of another individual, except the operator of a wheelchair lift or other boarding assistance device.
SECTION 5. Said chapter 161A is hereby further amended by adding the following section:-
Section 48. Nothing in this chapter shall be construed to transfer or grant control of transportation services, operations, finances, facilities or related appurtenances of any regional transit authority established pursuant to chapter 161B to the Massachusetts Bay Transportation Authority or otherwise limit the authority granted to such regional transit authority pursuant to said chapter 161B .
SECTION 6. Chapter 151 of the acts of 1996 is hereby amended by striking out section 648 and inserting in place thereof the following section:-
Section 648. Any grade crossing constructed on the Old Colony Railroad, so-called, shall be guarded by two drop gates on each side of the tracks at those grade crossings where it is operationally feasible and where public safety shall thereby be enhanced. In order to determine which grade crossings on the Middleboro, Plymouth, and Greenbush lines of said railroad are appropriate locations for use of so-called quad gate technology, the Massachusetts Bay Transportation Authority shall conduct a full corridor analysis of all grade crossings and make recommendations as to the appropriate grade crossing technology that should be installed. As part of the analysis, the authority shall conduct appropriate tests of the operational and safety features of quad gates. The tests shall be conducted for a period of time sufficient to fully evaluate a quad gate crossing system. The test shall include at least one operational and functional quad gate technology. A report of the results of the analysis and recommendations shall be submitted to the joint committee on transportation of the general court not later than November 15, 2000.
SECTION 7. Chapter 87 of the acts of 2000 is hereby amended by striking out section 3 and inserting in place thereof the following section:-
Section 3. To meet a portion of the expenditures necessary in carrying out the provisions of section 2, the state treasurer shall, upon 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 $1,350,000,000, 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, Central Artery/Ted Williams Tunnel Infrastructure Loan Act of 2000, and shall be issued for such maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2031. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund, including without limitation, to the extent secured by all or any portion of special receipts credited to the Infrastructure Fund within the Highway Fund, from said Infrastructure Fund established in section 2 O of chapter 29 of the General Laws. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth, but any bonds issued by the state treasurer pursuant to this section may, upon the request of the governor, be issued as either general or special obligations of the commonwealth, as so determined jointly by the state treasurer and the governor. Any bonds issued as special obligations of the commonwealth shall be payable from, with the consent of the governor and state treasurer, fees received by the registrar of motor vehicles pursuant to section 33 of chapter 90 of the General Laws, special receipts credited to the Infrastructure Fund within the Highway Fund, as provided in said section 2 O of said chapter 29 and any other funds credited to the Highway Fund, all in accordance with said section 2 O of said chapter 29. In deciding whether to request the issuance of particular bonds as special obligations, the governor and the state treasurer shall take into account: (i) generally prevailing market conditions; (ii) the impact of each approach on the overall capital financing plans of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by a 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 2 O of said chapter 29. The last paragraph of said section 2 O of said chapter 29 shall not apply to any bonds issued pursuant to this section. Bonds issued pursuant to this section shall not be included in the computation of outstanding direct bonds for purposes of the limit imposed by the second paragraph of section 60A of said chapter 29, nor included in the computation of general obligation debt for purposes of the limit imposed by section 60B of said chapter 29. Proceeds from the bonds authorized pursuant to this section and any investment earnings thereon shall be deposited in a subfund of the Central Artery and Statewide Road and Bridge Infrastructure Fund to be established by the state treasurer and shall be made available for expenditure for the purposes of item 6005-2002 of section 2.
Bonds of the commonwealth may be issued under authority of this section in such manner and on such terms and conditions as the state treasurer, with the concurrence of the governor, may determine in accordance with the provisions of this section and, to the extent not inconsistent with the provisions hereof, provisions of the General Laws for the issuance of bonds of the commonwealth. Bonds may be secured by a trust agreement or other security agreement entered into by the state treasurer, with the concurrence of the governor, on behalf of the commonwealth, which trust agreement or other security agreement may pledge or assign all or any part of the amounts credited from time to time to the Highway Fund, as provided in said section 2 O of said chapter 29, including without limitation, fees received by the registrar of motor vehicles pursuant to section 33 of chapter 90 of the General Laws, to the extent so determined by the governor and state treasurer, and rights to receive the same, whether existing or coming into existence and whether held or thereafter acquired, and the proceeds thereof. The state treasurer may also, with the concurrence of the governor, enter into additional security, insurance or other forms of credit enhancement which may be secured on a parity or subordinate basis with the bonds. A pledge in any such trust or other security agreement or credit enhancement agreement shall be valid and binding from the time such pledge shall be made without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise, irrespective of whether such parties have notice thereof. Any such pledge shall be perfected by the filing of the trust or other security agreement or credit enhancement agreement in the records of the state treasurer and no filing shall be required under chapter 106 of the General Laws. Any such trust agreement, security agreement or credit enhancement agreement may establish provisions defining defaults and establishing remedies and other matters relating to the rights and security of the holders of the bonds or other secured parties as determined by the state treasurer, including provisions relating to the establishment of reserves, the issuance of additional or refunding bonds, whether or not secured on a parity basis, the application of the special receipts and other moneys and funds pledged pursuant to such agreement, in this act referred to as pledged funds, and other matters deemed necessary or desirable by the state treasurer for the security of such bonds, and may also regulate the custody, investment and application of moneys.
In order to increase the marketability of any bonds issued by the commonwealth under authority of this section and in consideration of the acceptance of payments for any such bonds, the commonwealth covenants with the purchasers and all subsequent holders and transferees of any such bonds that until all such bonds, including all bonds issued to refund such bonds and the interest thereon, shall be paid or, if earlier, shall be deemed paid within the meaning of any trust or other security agreement or credit enhancement agreement securing the same: (i) no pledged funds shall be diverted from the Highway Fund; (ii) in any fiscal year of the commonwealth, unless an appropriation has been made which is sufficient to pay the principal, including sinking fund payments, of and interest on all such bonds and to provide for or maintain any reserves, additional security, insurance or other form of credit enhancement required or provided for in any trust or other security agreement or credit enhancement agreement securing any such bonds or notes, no pledged funds shall be applied to any other use; and (iii) if and only to the extent set forth in any trust agreement or other security agreement or credit enhancement agreement securing such bonds, the rates of the fees collected pursuant to said section 33 of said chapter 90 and of the excises imposed in chapters 64A, 64E and 64F of the General Laws and pledged pursuant to this section shall not be reduced below the amounts in effect at the time of issuance of any such bonds, except as may be provided in said trust agreement, security agreement or other credit enhancement agreement.
Any bonds issued under authority of this section and any notes of the commonwealth issued in anticipation thereof as hereinafter provided, shall be deemed to be investment securities under chapter 106 of the General Laws, shall be securities in which any public officer, fiduciary, insurance company, financial institution or investment company may properly invest funds and shall be securities which may be deposited with any public custodian for any purpose for which the deposit of bonds is authorized by law. Any such bonds and notes, their transfer and the income therefrom, including profit on the sale thereof, shall at all times be exempt from taxation by and within the commonwealth.
SECTION 8. Section 11 of said chapter 87 after the second sentence the following sentence:- The sums so transferred shall be deposited into separate subfunds of the Central Artery and Statewide Road and Bridge Infrastructure Fund to be established by the state treasurer.
SECTION 9. Section 15 of said chapter 87 is hereby amended by inserting after the first sentence the following sentence:- Notwithstanding the provisions of any general or special law to the contrary but subject to the terms of any trust or other security agreement or credit enhancement agreement executed in connection with the issuance of bonds pursuant to section 3, not later than July 31 of each fiscal year, commencing July 31, 2001 and ending July 31, 2008, the comptroller shall transfer to the Central Artery and Statewide Road and Bridge Infrastructure Fund the remaining amount, if any, of the fees collected pursuant to clauses (2) and (21) of section 33 of chapter 90 of the General Laws during the preceding fiscal year minus the debt service payable or provided for during such fiscal year on bonds issued pursuant to section 3.
SECTION 10. Section 16 of said chapter 87 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Any statutorily authorized agency or authority on behalf of whom bonds are paid pursuant to section 14 shall transfer to the state treasurer any amounts otherwise due and payable on an authority debt paid pursuant to said section 14 on the dates that such payments would have been due by the agency or authority.
SECTION 11. Notwithstanding section 23 of chapter 161A of the General Laws, the Massachusetts Bay Transportation Authority may issue bonds in an additional amount of $225,000,000 solely for the purposes of section 2 of this act.
SECTION 12. Notwithstanding section 28 of said chapter 161A, the commonwealth may enter into contracts to provide assistance to the Massachusetts Bay Transportation Authority in an additional amount of $202,500,000 solely for the purposes of section 2 of this act.
SECTION 13. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall take all necessary actions to secure mass transportation assistance which is or may become available to the authority, including but not limited to actions authorized under or in compliance with the provisions of chapter 53 of Title 49 of the United States Code and the Surface Transportation Efficiency Act of 1991, PL 102-240, the Transportation Equity Act for the 21st Century, PL 105-178, and any successor acts or reauthorizations of said acts, 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 authority, such other department, agency or instrumentality shall take such action.
SECTION 14. The Massachusetts Bay Transportation Authority shall use an extension of the Stoughton commuter rail route through the municipalities of Stoughton, Easton, Raynham and Taunton in order to provide commuter rail service to New Bedford and Fall River. Notwithstanding the provisions of any general or special law to the contrary, said authority may expend funds, including but not limited to the amounts appropriated in item 6005-9906 of section 2 for the design, permitting and construction of said rail line for the area south of the site known as Cotley Junction.
SECTION 15. The Massachusetts Bay Transportation Authority shall develop a proposed mitigation plan to maintain the same per cent valuation of the average property value of like properties in the municipalities of Easton, Taunton and Raynham for property owners in said municipalities whose property abuts the commuter rail line extension to New Bedford and Fall River and is taken for such purpose or is not taken but is adversely affected by the commuter rail line extension and shall submit the same within 90 days after the effective date of this act to the house and senate committees on ways and means and the joint committee on transportation.
SECTION 16. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Bay Transportation Authority may extend or expand commuter rail service on the Providence-Attleboro line, so-called, in accordance with said authority's Pilgrim Partnership Agreement with the state of Rhode Island and may build and operate a layover facility in the city of Pawtucket in the state of Rhode Island. The current layover facility in the city of Attleboro shall be relocated to the city of Pawtucket, as required by section 118 of chapter 205 of the acts of 1996, not later than 30 months after the effective date of this act. The service expansion and facility relocation shall not in any way restrict the selection of a commuter rail service provider.
SECTION 17. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall select one construction project for a pilot program utilizing a design-build, an A + B, an A - B, or a design/build/operate procurement process, but such procurement process shall not require an alternative means of financing unless specifically authorized by the general court, and shall initiate the procurement of a contract for the construction project within three years of the effective date of this act. The pilot project shall not be used for any construction directly related to the Central Artery/Ted Williams Tunnel Project.
The procurement process for the pilot project shall be determined in consultation with the inspector general. The inspector general shall comment in writing on such procurement process and shall submit such comments to the authority, the joint committee on transportation and the house and senate committees on ways and means not less than 30 days before the authority begins the procurement of design and construction services.
In order to effectuate an open, competitive and fair procurement and an effective contracting process, the authority shall, not less than 45 days prior to the advertisement of the invitation for competitive bids using the procurement process, submit to the inspector general all procedures and criteria developed for the implementation of the alternative method, including a description of the project proposed for the pilot project, the construction bid packages and evaluation criteria. Said inspector general shall submit written comments on the procedures to the authority not less than 30 days prior to the advertisement. The authority shall submit the procedures and criteria and the comments of the inspector general to the joint committee on transportation and the house and senate committees on ways and means at least 15 days prior to the advertisement for any contract to be awarded on the basis of an alternative method. Such procedures and criteria shall be approved by a vote of the authority. Said authority shall submit to said committees a report of the results of such procurement. If the authority awards the contract to other than the lowest responsive bidder, the authority shall submit to said committees and to the inspector general a written justification describing in detail why such award is in the best interest of the authority.
Except as otherwise provided in this act, the procedures to be followed and the terms and conditions of such procurement process shall be determined by the authority in consultation with the inspector general and subject to review by the inspector general as set forth above, including written procedures for the selection of construction, design and other professionals for the project and the procedures shall also be approved by the authority's board of directors. The authority may designate a project manager for the project to serve as the authority's agent and consultant during the planning, design and construction of the project. The project manager's services shall include, but need not be limited to, monitoring the planning and programming and providing advice and consultation with respect to design, value engineering, cost estimating, scheduling, construction and the selection, negotiation with and oversight of a designer and a construction manager for the project. The project manager shall be selected pursuant to a publicly advertised request for qualifications, which shall include the entity's experience with the design and construction of similar projects and performance on prior projects and such other factors as the authority deems appropriate.
Sections 26 to 27F, inclusive, and section 29 of chapter 149 of the General Laws shall apply to the contract between the authority and the contractor and all subcontracts awarded pursuant to this section.
The authority shall prepare quarterly reports on such pilot project which shall include, but not be limited to: (i) the total amount expended on the project to date; (ii) the number of contracts entered into to date; (iii) the number of contracts entered into with minority businesses; (iv) the number of contracts entered into with women-owned businesses; (v) the dollar value of contracts entered into with minority businesses; (vi) the dollar value of contracts entered into with women-owned businesses; (vii) the total number of employees working on the project; and (viii) the total number of employees working on the project, broken down by race, ethnicity and gender. The quarterly reports shall be submitted to the secretary of administration and finance, the house and senate committees on ways and means, the house and senate clerks, the house committee on long term debt and capital expenditures and the joint committee on transportation. The authority shall prepare a final report which shall evaluate the effectiveness of such procurement process in terms of time and cost savings, as well as the quality of services, impact on the public and any other impacts of such procurement process and the authority shall file its report with the above-named officials and committees not later than six months from the completion of such pilot project.
SECTION 18. The Massachusetts Bay Transportation Authority shall conduct a feasibility study relative to establishing a commuter rail service between the city of Worcester and the city of Providence, Rhode Island, along the Providence and Worcester Railroad Company alignment. The authority shall also conduct a study of the feasibility of establishing commuter rail service between the city of Worcester and the town of Webster, up to the Connecticut state line, along the Providence and Worcester Railroad Company alignment.
Each study shall examine the costs of establishing such service, including but not limited to: (i) the cost of utilizing the alignment, purchasing rolling stock, constructing stations and operating the line; (ii) the projected ridership levels; and (iii) the availability of subsidies from the state of Rhode Island and the federal transit authority. The authority shall report the results of its studies to the joint committee on transportation and the house and senate committees on ways and means not more than one year after the effective date of this act.
SECTION 19. The Massachusetts Bay Transportation Authority shall prepare a study on the feasibility of providing additional commuter rail and bus transportation services to facilitate "reverse commuting", so-called. The study shall include, but not be limited to, the following: (i) demand for additional commuter rail services that provide transportation from Boston during both morning and evening rush hour commutes to stations on commuter rail lines; (ii) additional bus services and routes needed to provide north and south connecting services between commuter rail stations located in municipalities along the interstate highway route 95, state highway route 128 and interstate highway route 495 corridors; (iii) the demand for such services; (iv) whether such services assist businesses and industries with the recruitment and retention of employees; and (v) the impact of such services on traffic management and congestion. The study shall be filed with the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on transportation not later than November 15, 2000.
SECTION 20. The Massachusetts Bay Transportation Authority shall begin the study and design of the underground connection between the South Boston Fan Pier transit way, so-called, and the Silver line in the Chinatown, South End, and Roxbury sections of the city of Boston. The study and design may include a connection from the proposed terminal of the transit way at South Station. Said authority shall deliver quarterly reports on the progress of the work to the joint committee on transportation and the house and senate committees on ways and means.
SECTION 21. The Massachusetts Bay Transportation Authority shall conduct a comprehensive review of its present and future marine transportation operations, including water ferries from the north and south shores of the city of Boston and from downtown Boston to Logan International Airport. The review shall include, but not be limited to, an analysis of the following: safety; ridership at different times of day, week, and year; the subsidies paid to each ferry operation; possible plans for expansion; and the availability of parking at the ferry terminals. Said authority shall file a report detailing such review and the associated findings with the joint committee on transportation and the house and senate committees on ways and means not later than November 15, 2000.
SECTION 22. As of the effective date of this act, the Massachusetts Bay Transportation Authority shall immediately cease any proposed expansion or planned expansion of the Readville Train Layover Facility located in the Readville section of the city of Boston and shall provide a written plan for withdrawal and relocation by November 15, 2000 to the joint committee on transportation and the house and senate committees on ways and means.
SECTION 23. Notwithstanding section 3 of chapter 40 of the General Laws, the town of Natick, acting by and through its board of selectmen, may enter into a lease agreement with the Massachusetts Bay Transportation Authority, or its assignee, for a term of years not to exceed 99 years, for the purpose of constructing, operating and maintaining a public parking garage or public parking facility and related site improvements, including paving, curbing, walkways and appurtenances, on a portion of the land owned by the town of Natick and shown on the town of Natick assessors map 44 as lots 326, 327, 328, 329, 330, 355, 356A, 359 and 360.
SECTION 24. Notwithstanding the provisions of any general or special law to the contrary, section 61 and sections 62A to 62H, inclusive, of chapter 30, chapter 91, and section 40 of chapter 131 of the General Laws shall not apply to bridge projects of the department of highways and the Massachusetts Bay Transportation Authority 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. Notwithstanding the foregoing, said section 61 and sections 62A to 62H, inclusive, of said chapter 30, chapter 91 and said section 40 of said chapter 131 shall apply to any portions of the bridge and roadway approaches to the crossing of the Charles river for the Central Artery/Ted Williams Tunnel Project. In the case of a 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 the track of a necessary clearance between the track and the state highway bridge. 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. 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 6005-9906 of section 2, 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 25. For the purposes of this section 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", an individual, business organization or nonprofit corporation which is certified as a minority business enterprise as defined in section 40 of chapter 23A of the General Laws by the state office of minority and women business assistance established in section 41 of said chapter 23A.
"Women business enterprise", an individual, business organization or nonprofit corporation which is certified as a women business enterprise by said office.
Based upon the history of discrimination against minority and women business enterprises established by the results of the disparity study conducted pursuant to subsection (s) of section 3 of chapter 33 of the acts of 1991 and any other disparity studies thereafter conducted by the executive office of transportation and construction and its agencies, the executive office of transportation and construction, the Massachusetts Bay Transportation Authority, the department of highways and the Massachusetts aeronautics commission shall promote equality in the market and, to that end, shall encourage full participation of minority and women owned businesses in all areas of state contracting, including contracts for construction, design and goods and services. Each such agency, commission, authority and political subdivision shall implement a narrowly tailored affirmative market program as set forth in Executive Order 390 which shall include race and gender conscious contracting goals when necessary to eliminate disparity between minority and women owned businesses and other business entities in the relevant market. Each such agency, commission, authority and political subdivision shall develop a comprehensive five-year plan, to be updated and approved by the secretary of administration and finance on an annual basis, to encourage the participation of minority and women owned business enterprises in all aspects of public contracting within the commonwealth, including but not limited to programs for building the capacity of minority and women owned business enterprises, programs for capturing information on Massachusetts businesses by industry and programs for implementing measures required to secure federal aid.
The secretary of transportation and construction and the executive officer of each such agency, commission, authority or political subdivision shall monitor the implementation of this section to ensure that the best efforts of each agency, commission, authority and political subdivision are utilized in the implementation of this section. Each such agency, commission and authority shall provide written quarterly reports to its respective secretary and to the secretary of administration and finance and each such political subdivision shall provide written quarterly reports to the office granting or otherwise providing funds authorized in this act and to the secretary of administration and finance. The quarterly reports shall detail the total number of contracts entered into, the dollar value of each contract, the number of contracts entered into with minority and women owned business enterprises and the dollar value of each contract entered into with said enterprises.
Notwithstanding the provisions of any general or special law to the contrary, each executive office, agency, commission, authority or political subdivision may initiate state office of minority and women business assistance certification of minority and women business enterprises in a manner consistent with the rules and regulations promulgated by said office. If an executive office, agency, commission, authority or political subdivision makes a referral that a business may be a minority or women owned business enterprise, such referral, together with supporting documentation and a letter indicating the intent of the executive office, agency, commission, authority or political subdivision to contract with the business, shall be sent to said office, which shall approve or disapprove said business within 25 business days. Upon the certification of a business as a minority or women owned business enterprise by said office, such certification shall be effective for all executive offices and agencies for the purposes of this section.
SECTION 26. There is hereby established a special commission for the purpose of making an investigation and study to determine the feasibility and cost effectiveness of having the Massachusetts Bay Transportation Authority provide 24-hour passenger service on each day of the week or 24-hour passenger service on Saturdays and Sundays only. Said commission shall consist of four members of the senate, one of whom shall be appointed by the minority leader of the senate, four members of the house of representatives, one of whom shall be appointed by the minority leader of the house of representatives and four persons to be appointed by the governor. Said commission shall report the results of its investigation and study, and its recommendations, if any, together with drafts of legislation necessary to carry such recommendations into effect by filing the same with the house and senate committees on ways and means and the joint committee on transportation on or before November 15, 2000.
SECTION 27. Notwithstanding the provisions of any general or special law to the contrary, the unexpended bond authorizations contained in item 6000-7967 of section 2A of chapter 28 of the acts of 1996 shall be made available for expenditure until June 30, 2006.
SECTION 28. The Massachusetts Bay Transportation Authority shall provide not less than ten daily commuter rail round trips between the cities of Worcester and Boston.
SECTION 29. The Massachusetts Bay Transportation Authority may expend funds contained in item 6005-9906 of section 2 for the purpose of a study by the Massachusetts Bay Transportation Authority, in consultation with the department of highways, the Massachusetts Turnpike Authority and the metropolitan district commission, relative to the Woodland and Riverside stations of the Massachusetts Bay Transportation Authority and the area surrounding said stations. The study shall include, but not be limited to, the proposed development of land owned by the Massachusetts Bay Transportation Authority in said area and its impact on the quality of life on residents of the area, transportation and traffic and the feasibility of establishing an intermodal transportation terminal. Said agencies shall, in the conduct of the study, hold at least one public hearing in a place accessible to the residents of the area.
The results of the study shall be filed with the joint committee on transportation of the general court not later than November 15, 2000 and no development of the land shall take place in the area prior to the completion and filing of the results of the study.
SECTION 30. The Massachusetts Bay Transportation Authority shall submit to the joint committee on transportation of the general court, the house committee on long term debt and capital expenditures and the house and senate committees on ways and means a report detailing the expenditure or obligation of the amounts authorized for expenditure obligation by sections 2, 11 and 12 needed by the authority prior to July 1, 2000 for the purpose of: (1) meeting the unfunded costs of ongoing, previously authorized projects for which contract assistance shall be paid during said period; (2) meeting the full obligation costs of any project for which contracts shall be signed during said period; or (3) satisfying funding requirements of the federal transit agency for the state share of any projects to be commenced or for which contracts shall be obligated. The report shall detail for each of the projects commenced or completed by the authority before July 1, 2000, utilizing prior capital spending authorization and the funds authorized by said sections 2, 11 and 12 including, but not limited to, the name and location of each such project, the estimated commencement and completion date of each such project, the estimated total cost for each such project, the amount of existing bond authorization for each such project and the amount of additional bond authorization needed for each such project. The report shall establish the amount of the authorization in said sections 2, 11 and 12 for which the authority will use instead stand-alone credit after June 30, 2000. An interim report projecting the expenditures anticipated to be made from this and prior authorizations prior to July 1, 2000 shall be submitted not later than August 1, 2000 and a final report shall be submitted not later than December 1, 2000.
SECTION 31. Section 4 shall take effect on July 1, 2001.
SECTION 32. Section 5 shall take effect on July 1, 2000.