AN ACT PROVIDING FOR CERTAIN TRANSPORTATION IMPROVEMENTS.
Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide for a program of capital transportation development and improvements in 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 provide for a program of capital transportation improvements to various state institutions and properties, the sums set forth in this act, for the several purposes and subject to the conditions specified in this act, are hereby made available from the General Capital Projects Fund, subject to the provisions of law regulating the disbursement of public funds.
SECTION 2.
EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.
Massachusetts Aeronautics Commission.
6006-9980
For a program of airport planning, development and improvements in the commonwealth;
provided that funds authorized in this item and funds previously authorized
by item 6006-9500 of section 2G of chapter 273 of the acts of 1994 and item
6006-9680 of section 2I of chapter 205 of the acts of 1996 and item 6006-9980
of section 2E of chapter 235 of the acts of 2000 be made available to fund the
costs of professional personnel directly involved in projects funded from these
authorizations, and for the purpose of funding and implementing the provisions
of Sections 35 to 51, inclusive, of Chapter 90 of the Massachusetts General
Laws and Sections 1 to 7, inclusive, of Chapter 702 of the Code of Massachusetts
Regulations, and for funding contracts to public and non-public entities for
airport and state system projects in support of the Commission's various funding
programs including the Airport Improvement Program, Airport Safety & Maintenance
program, Vegetation Management Program, NAVAID Management Program, Pavement
Management Program, Fuel Farm Improvement Program, Aviation Education & Promotions
Program, and Airport Information Management System; provided further, that the
Commission is hereby authorized and directed to seek federal funding participation
for projects earmarked herein whenever applicable; provided further, that notwithstanding
previous authorization for matching fund expenditure requirements, so called,
the Commission may fund up to 100% of the non-federal share for airport security
projects funded from this authorization; provided further, that $6,000,000 shall
be made available for a new airport terminal building and related site and roadway
access improvements for the Westfield-Barnes Municipal Airport; provided further,
that $800,000 shall be made available for a new instrument landing system at
the Plymouth Municipal Airport; provided further, that $1,700,000 shall be made
available for public-use infrastructure facilities and related site improvements
for an airport business park at the Plymouth Municipal Airport; provided further,
that $2,215,200 shall be made available for public-use infrastructure facilities
and related site improvements to expand the airport business park at the Martha's
Vineyard Airport; provided further, that $1,000,000 shall be expended for drainage
improvements near Worcester Airport; provided further, that no more than $350,000
shall be expended on Commission administration costs and expenses; provided
further, that the Commission shall expend no more than $3,000,000 to replace
its existing aircraft with new equipment; provided further, that $15,000,000
shall be expended on security improvements at municipal airports ...........................................................................................................$31,065,200
Department of Highways.
6033-9013
For the design and construction of roadways and other transportation-related
projects deemed necessary for economic development by the secretary of transportation
and construction upon the petition of the appropriate local executive government
body and pursuant to section 4; provided, that funds authorized in this item
shall be expended in accordance with chapter 19 of the acts of 1983; provided
further, that all projects funded through this item, subsection (f) of section
3 of chapter 15 of the acts of 1988, item 6033-9501 of section 2A of chapter
273 of the acts of 1994, item 6033-9603 of section 2A of chapter 205 of the
acts of 1996, item 6033-9703 of section 2B of chapter 11 of the acts of 1997,
and item 6033-9903 of section 2B of chapter 235 of the acts of 2000 shall be
in accordance with 701 CMR 5.00 to 701 CMR 5.10 inclusive; and provided further,
that the secretary of transportation and construction shall notify cities and
towns of the availability of funds through this program and shall inform municipalities
of the application process prior to the expenditure of any funds from this item
.......................................................................................................................................................$66,198,958
6033-9015
For the Mystic Valley Development Commission to be allocated for engineering
and construction costs associated with the reconstruction of Commercial Street
in the city of Malden, Corporate Way in the cities of Malden and Medford, Wellington
Circle in the city of Medford, Route 16 in the cities of Medford and Everett,
other roadways in or abutting the Mystic Valley Development Commission's Project,
also know as Telecom City, in the cities of Malden, Medford and Everett ...$2,000,000
6037-0017
For construction and reconstruction of town and county ways; provided, that
funds shall be in addition to those funds appropriated in section 10 of chapter
208 of the acts of 1988, subsection (c) of section 3 of chapter 15 of the acts
of 1988, subsection (c) of section 3 of chapter 33 of the acts of 1991, item
6010-3950 of section 2A of chapter 85 of the acts of 1994, item 6033-1969 of
section 2A of chapter 113 of the acts of 1996, item 6033-9798 of section 2B
of chapter 11 of the acts of 1997 and item 6037-0018 of section 2B of chapter
235 of the acts of 2000, for projects for construction and reconstruction of
town and county ways as described in subdivision (a) of clause (2) of section
34 of chapter 90 of the General Laws; provided further, that a city or town
may appropriate for such projects amounts not in excess of the amounts provided
to the city or town under this act; provided further, that the appropriation
shall be considered as an available fund upon the approval of the commissioner
of revenue pursuant to section 23 of chapter 59 of the General Laws; provided
further, that the commonwealth shall reimburse a city or town under this section
within 30 days of receipt by the department of highways of a request for reimbursement
by the city or town, such request to include certification by the city or town
that actual expenses have been incurred on projects eligible for reimbursement
under this section and that the work has been completed to its satisfaction
according to the specifications of the project and in compliance with applicable
law; provided further, that the department of highways may enter into agreements
with cities and towns to provide engineering and other services essential to
the development of projects and, if the department of highways agrees to provide
services, amounts charged for department of highways employees may include the
salary and salary-related expenses of the employees to the extent that they
work on or in support of such projects; provided further, that any such funds
expended from this item for the salary and salary-related expenses of employees
working on or in support of such projects shall not exceed the level of expenditure
in connection with such projects as of January 1, 2002 ......................................................................................................$200,000,000
8100-9961
For the acquisition of one light twin helicopter and one training helicopter,
so-called ................................$1,900,000
SECTION 3. In carrying out item 6033-9013 of section 2, 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 may advance monies to the agencies or authorities, without prior expenditure by the agencies or authorities, and such agencies and authorities may accept monies necessary to carry out the agreements; provided, however, that the department shall certify to the comptroller the amounts so advanced; provided, further, that the agreements shall contain provisions satisfactory to the department for the accounting of the monies as expended by the agency or authority; and provided further, that all monies not expended under the agreement shall be credited to the account of the department from which they were advanced.
SECTION 4. To meet 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 to be specified by the governor from time to time but not exceeding, in the aggregate, the sum of $301,164,158. All the bonds issued by the commonwealth as aforesaid shall be designated on their face, Town and County Ways and Economic Development Loan, Act of 2002, and shall be issued for such maximum terms of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2027. All interest and payments on account of principal of such obligations shall be payable from the General Fund. Notwithstanding the provisions of any general or special law to the contrary, bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.
SECTION 5. Section 1 of chapter 81A of the General Laws,
as appearing in the 2000 Official Editon, is hereby amended by striking out
the first paragraph and inserting in place thereof the following paragraph:-
There is hereby created a body politic and corporate to be known as the
Massachusetts Turnpike Authority within the executive office of transportation
and construction. The authority is hereby authorized and empowered, subject
to the provisions of this chapter, to own, construct, maintain, repair, reconstruct,
improve, rehabilitate, finance, refinance, use, police, administer, control
and operate (a) the turnpike as defined herein; and (b) the metropolitan highway
system as defined herein.
[This section was vetoed by the Acting Governor - see
Veto Message - Senate,
No. 2468]
SECTION 6. Section 2 of said chapter 81A, as so appearing, is hereby amended by striking out the first 3 paragraphs and inserting in place thereof the following 4 paragraphs:-
The authority shall consist of 5 members to be appointed by the governor who shall be residents of the commonwealth, not more than 3 of whom shall be of the same political party, and at least 1 member at all times shall be a resident of a town which abuts the Massachusetts turnpike and is wholly or partially located between the Weston toll plaza and the interstate route 495 interchange. The governor shall designate one of the members as chairperson who shall serve as such during his term in office. The members of the authority in office on July 31, 2002 shall continue for the remainder of their respective terms. The successor of each member shall be appointed for a term of 8 years; provided, however, that any person appointed to fill a vacancy shall serve only for the unexpired term; provided further that, of the 2 members appointed after July 31, 2002, 1 shall serve for an initial term of 6 years and 1 shall serve for an initial term of 3 years but all successive terms for such members shall be for a term of 8 years; and provided, further, that all members shall have senior management level experience in 1 or more of the following areas: engineering, construction, business, public or private finance, and transportation. A member of the authority shall be eligible for reappointment. Prior to entering upon the duties of his office, each member of the authority shall take an oath before the governor to administer the duties of his office faithfully and impartially and a record of such oath shall be filed in the office of the state secretary.
The authority shall elect 1 of the members as vice chairperson thereof. Three members of the authority, including the chairperson, shall constitute a quorum and the affirmative vote of 3 members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.
For the purposes of this chapter, the chairperson of the authority shall receive an annual salary from said authority, that is $205,000 subject to annual increases in the discretion of the board that are no greater than the percentage annual increase in the consumer price index for all urban consumers. The remaining members shall each receive an annual salary of $25,852. Each member shall be reimbursed for his actual expenses necessarily incurred in the performance of his duties. The members shall be eligible to participate in any benefit plan approved by the authority.
The chairperson of said authority shall report to the secretary of transportation and construction on a regular basis to assist the secretary in coordinating the transportation agenda of the commonwealth.
SECTION 7. Chapter 90 of the General Laws is hereby amended by adding the following section:-
Section 61. (a) Notwithstanding the provisions of any general or special law to the contrary, as a matter of public safety and security, there is hereby created a security zone bordering the General Edward Lawrence Logan Airport that shall include the area between the mean high water line of said airport and a line measured 500 feet seaward of and parallel to said mean high water line from Wood Island Basin to the easterly end of Jeffries Cove as shown on a plan entitled "Plan of General Edward Lawrence Logan International Airport Security Zone" prepared by Massachusetts Port Authority Capital Programs Department, April 2002.
(b) No person, except authorized law enforcement or military personnel and authorized personnel of the authority, shall: (1) carry or otherwise possess a firearm, rifle, shotgun, assault weapon, ammunition, explosive device or material, or any hoax device as defined by section 102A> of chapter 266, within said security zone; (2) engage in any activity within said security zone that jeopardizes or may jeopardize the safety or security of any person or of the airport; or (3) enter said security zone or engage in any activity, including boating, anchoring, fishing, shell-fishing, hunting, swimming or other underwater activities, within said security zone, except (i) as may be expressly permitted in writing by said authority; or (ii) with respect to shell-fishing, as may be authorized by the department of marine fisheries within the security zone and in accordance with regulations or policies as may be promulgated by said department of marine fisheries in coordination with the authority, except in no event shall the total number of shell-fishermen within said security zone exceed 50 and no person shall engage in shell-fishing within the security zone without prior notice provided by said department of marine fisheries to the authority setting forth (a) the number of shell-fishermen working within the security zone, (2) the time said fishermen will be working within the security zone, and (3) all other information as the Authority may reasonably require, or (iii) with respect to boating in the vicinity of Logan Airport, as may be clearly and conspicuously demarcated within said security zone by said authority to allow boats to travel through navigable waters within said security zone, provided that in no circumstance may any boat enter within 250 feet seaward of the mean high water line surrounding said airport.
(c) Notwithstanding the provisions of any general or special law to the contrary, no person shall engage in shell-fishing within a regulated shell-fishing zone consisting of the security zone, as defined in subparagraph (a), and shell-fish beds located within the property of the authority, unless such person has registered with the authority to access the regulated shell-fishing zone in accordance with the provisions of this chapter.
(d) Within 7 days of the receipt of a completed application for registration to access the regulated shell-fishing zone, the authority may forward one copy of the application and one copy of the applicant's fingerprints to the colonel of state police, who shall, within 14 days, advise the licensing authority, in writing, of any criminal record of the applicant arising from within or without the commonwealth. In searching for any history of the applicant, the authority or the colonel may utilize, or cause to be utilized, files maintained by the department of mental health, department of probation and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to, the National Instant Criminal Background Check System. If the information available to the authority or the colonel does not indicate that the applicant should be restricted from the regulated shell-fishing zone, the authority shall issue a registration card to the applicant within such 14 day period.
(e) The authority may not prescribe any other condition for the issuance of a registration card and shall, within 21 days from the date of application, either approve the application and issue the registration card or deny the application and notify the applicant of the reason for such denial in writing.
(f) Any person who violates the provisions of this section shall be subject to immediate arrest and shall be punished by imprisonment in a house of correction for not more than 2 years or by a fine of not more than $25,000, or both.
SECTION 8. Clause (2) of the first paragraph of section 34
of chapter 90 of the General Laws, as appearing in the 2000 Official Edition,
is hereby amended by striking out the introductory paragraph and subdivision
(a) and inserting in place thereof the following introductory paragraph and
subdivision (a):-
Not less than 90 per cent of the balance then remaining shall be used exclusively-
(a) For expenditure, under the direction of the department, for maintaining,
repairing, improving and constructing town and county ways and bridges, sidewalks
adjacent to the ways and bridges, bikeways and for design and engineering expenses,
together with any money which any town or county may appropriate for such purposes.
The ways, bridges, bikeways and sidewalks shall remain town and county ways,
bridges, bikeways and sidewalks. The remaining 10 per cent of the balance may
be used in a manner and for the purposes described above or may be used for
expenditures, under the direction of the department, for 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,
public use off-street parking facilities related to mass transportation, 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 a town or county
may appropriate for such purposes to be used on the same ways, sheds, bikeways,
bridges, machinery, equipment, tools and facilities. The department shall send
written notification to each town advising of the funds apportioned to said
town for eligible projects no later than April 1 of each year. Each town shall
submit to the members of the general court a written plan outlining the projects
for which such funds shall be applied no later than April 15 of each year, and
further, each town shall submit to the members of the general court a written
report explaining how funds authorized pursuant to this chapter were spent and
advising as to the amount, if any, of any unexpended funds no later than December
15 of each year. No revenue credited to the Highway Fund shall be transferred
from said fund to any other fund for any other purpose; provided, however, that
such revenue shall be transferred in order to cover fringe benefit costs pursuant
to section 5D or subsection (f) of section 6B of chapter 29. The department
shall withhold or withdraw the unexpended balance of any funds assigned by it
under this subdivision if a town fails to comply with the official standards
for traffic control established by the department or with any traffic control
agreement negotiated between the department and a town, as required by the United
States Secretary of Commerce under 23 U.S.C. 109. In this subdivision, the word
"town" shall include city; provided further, that towns with a population of
less than 10,000 persons according to the 2000 United States Census shall be
allowed to petition said department for a waiver in the department's discretion
from the percentage limitation that would allow said towns to use up to 100
percent of the funding provided pursuant to this section for those uses detailed
above. [This section was vetoed by the Acting Governor -
see Veto Message - Senate,
No. 2468]
SECTION 9. Section 5 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d) No proposal for a systemwide change in fares or decrease in systemwide service of 10 per cent or more shall be effective until said proposal shall first have been the subject of one or more public hearings and shall have been reviewed by the advisory board and, for a systemwide increase in fares of 10% or more, the MBTA board has made findings on the environmental impact of such increase in fares and, for a systemwide decrease in service of 10% or more, the decrease shall be the subject of an environmental notification form initiating review pursuant to sections 61 and 62H, inclusive, of chapter 30. Any systemwide increase in fares of 10 per cent or more shall conform to the fare policy established pursuant to paragraph (r). The authority shall increase fares only to provide needed revenue and shall not increase fares soley for the purpose of funding the stabilization fund established pursuant to section 19.
SECTION 10. Section 2 of chapter 465 of the acts of 1956 is hereby amended by adding the following language to the third paragraph:-
All appointees to the Authority made after July 31, 2002 shall have the following qualifications: The chairman shall have executive level business leadership experience with a preferred background in transportation, engineering, aviation or finance. The vice-chairman shall have executive level experience in aviation, security, information technology, seaport operations, or transportation. The remaining members, other than the bona fide representative of a national or international labor organization, shall have senior management level experience in one or more of the following: business, engineering, construction, safety and security, public finance, community affairs, environmental issues or transportation.
SECTION 11. Section 2A of chapter 205 of the acts of 1996 is hereby amended by striking out the figure "$7,000,000" and inserting in place thereof the following figure:- "$13,000,000".
SECTION 12. The last sentence of section 103 of chapter 205 of the acts of 1996 is hereby amended by striking out the words "June thirtieth, two thousand and one" and inserting in place thereof the following words:- June 30, 2006.
SECTION 13. The second paragraph of section 112 of chapter 205 of the acts of 1996 is hereby amended by striking out the fifth sentence and inserting in place thereof the following sentence:- The authority granted under this section shall expire on December 31, 2007, except as to any contract or contracts made prior to such expiration date.
SECTION 14. Item 6033-9702 of section 2B of chapter 11 of the acts of 1997 is hereby amended by inserting after the word "Uxbridge", in line 18, the following words:- ; provided, further, that $10,000,000 shall be expended for the acquisition of land for the development of rail trails; provided further, that not less than $40,000 shall be awarded for the creation of a rails-to-trails line in the town of Millbury; provided further, that not more than $500,000 shall be expended for reconstruction of a bicycle pathway-tunnel under state highway route 56 in the town of Rutland; provided further, that $750,000 shall be expended for the completion of the Tri-Community Bike Path in the town of Winchester; provided further, that $600,000 shall be expended for the construction of the Watertown bike path between Grove and School Streets; provided further, that $500,000 shall be expended for the purposes of a rail trail in the cities of Leominster and Fitchburg adjacent to Route 12; provided further, that $500,000 shall be expended for the construction of a rail trail bridge in the town of West Boylston next to the Beaman Street Bridge on Route 140. The department of environmental protection shall be authorized to do a study to assess the environmental impacts of reducing the use of salt on the roads in the Mystic River Watershed.
SECTION 15. Said item 6033-9702 of said section 2B of chapter 11 of the acts of 1997 is hereby further amended striking out the figure "$7,000,000" and inserting in place thereof the figure:- $19,890,000.
SECTION 16. Section 7 of said chapter 11 is hereby amended by striking out, in line 4, the figure "$1,057,200,000" and inserting in place thereof the following figure:- $1,070,090,000.
SECTION 17. Item 6001-9957 of section 2D of chapter 235 of the acts of 2000 is hereby amended by striking out the following:- "$1,000,000 be expended for the Intermodal Transportation Facility in the town of Westfield" and inserting in place thereof:- "$3,500,000 be expended for the Intermodal Transportation Facility in the town of Westfield".
SECTION 18. Item 6033-9917 of section 2B of chapter 235 of the Acts of 2000 is further amended by striking out, in line 99, the words "an amount not to exceed".
SECTION 19. Item 6033-9917 of section 2B of chapter 235 of the acts
of 2000 is hereby amended by striking out, in lines 18 and 19, the words "Tanzio
road" and inserting in place thereof the following words:- "Malburn street",-
and by adding the following words:- ;provided further, that $43,500 shall be
expended for the reconstruction of historical and environmental aspects of Bay
Road in the town of Sharon; provided further that $375,000 shall be expended
for the design and installation of traffic signals at the intersection of East
and Livingston Streets in the town of Tewksbury; provided further, that $150,000
shall be expended on engineering and design associated with projects in the
Central Square intersection of West Bridgewater; provided further, that $758,558
shall be expended for the UNESSA Central Artery Mitigation project [This
language above was stricken by the Acting Governor - see Veto Message -
Senate, No. 2468]; provided
further, that $6,500,000 shall be expended by the department of highways for
a corrosion mitigation program utilizing electrochemical corrosion passivation
and/or chloride extraction treatment of steel reinforced structures; provided
further, that $200,000 shall be expended for traffic signals and improvements
in the city of Lynn; provided further, that $2,400,000 shall be expended for
improvements on Chestnut Street in the town of Needham; provided further, that
$150,000 shall be expended design and installation of traffic control signals
on Middle Road and on Main Street in the town of Acushnet; provided further,
that $150,000 shall be expended for design and installation of traffic control
signals at the intersection of Lumbert Mill Road and Route 28 (Falmouth Road)
in Centerville; provided further, that $100,000 shall be expended for traffic
signalization at state route 12 in the Greendale section of the city of Worcester;
provided further, that $500,000 shall be expended for traffic signalization
at Hillside Road and rotary improvements at Vinerock and Needham Streets in
the town of Dedham; provided further, that $500,000 shall be expended for the
resignalization of a certain intersection in the town of Ashland; provided further,
that $85,000 shall be expended for traffic signalization on Sea Street in the
city of Quincy; provided further; that $1,900,000 shall be expended for design,
engineering and construction of improvements on Union Street in the town of
Braintree, which shall include the rotary at state route 3 in said town; provided
further, that $250,000 shall be expended for engineering and design of on- and
off-ramps on Route 213 in the city of Methuen; provided further, that $1,900,000
shall be expended for a sound abatement program on Interstate 93, from Brookside
parkway to Newport avenue [This language above was
stricken by the Acting Governor - see Veto Message - Senate,
No. 2468]; provided further, that $250,000 shall be expended
for design and construction of safety improvements on state route 6 at Sanford
Road in the town of Westport; provided further, that $150,000 shall be expended
for intersection improvements at the intersection of Canton Avenue, Highland
Avenue, and Thatcher Street in the town of Milton; provided further, that not
less than $250,000 be expended for the repaving of Paradise Road, Route 1A in
Swampscott; provided further, that $400,000 shall be expended for the signalization
of Blue Hills Parkway at Brook Road in the town of Milton; provided further,
that $300,000 shall be expended for signalization at the intersection of Adams
Street, Randolph Avenue and Canton Avenue in the town of Milton; provided further,
that $175,000 shall be expended for a study of signalization at Blue Hills Parkway,
Canton Avenue and Unquity Road in the town of Milton; provided further, that
$750,000 shall be expended for reconstruction of the intersection at state route
20 and Concord Road in the city of Marlborough; provided further, that $75,000
shall be expended for the reimbursement of costs associated with the paving
of state route 31 in the town of Charlton [This language
was stricken by the Acting Governor - see Veto Message -
Senate, No. 2468]; provided
further, that $500,000 shall be expended for the County Bridge in the city of
Haverhill; provided further, that $2,500,000 shall be expended for off-street
parking on Granite Street at Moulton Way and Essex Street in the city of Haverhill;
provided further, that $500,000 shall be expended for off-street parking in
the town of Franklin [This language was stricken by
the Acting Governor - see Veto Message - Senate,
No. 2468]; provided further, that $120,000 shall be expended
for signalization on High Street at Canton Street and Reed Street in the town
of Randolph; provided further, that $292,000 shall be expended on signalization
and reconstruction on Oak Street from North Street to McDevitt Road in the town
of Randolph; provided further, that $785,000 shall be expended on signalization
and reconstruction of a bridge and an intersection on North Main Street at Depot
Street, Pond Street, West Street, Liberty Street and Grove Street in the town
of Randolph, provided further, that $50,000 shall be expended for repair
of fencing along Route 9 at Hartford Street in the town of Natick [This
language was stricken by the Acting Governor - see Veto Message -
Senate, No. 2468]; provided
further that $50,000 be provided to the town of Barnstable for a traffic and
economic feasibility study relative to considering the possible reconfiguration
of traffic patterns in downtown Hyannis and the harbor area and parking facilities
in the downtown harbor area; provided further, that $200,000 shall be expended
for repair of the Marian Street bridge in the town of Natick [This
language was stricken by the Acting Governor - see Veto Message -
Senate, No. 2468]; provided
further, that $1,500,000 shall be expended for streetscape and roadway improvements
on Mount Vernon Street in the town of Winchester; provided further, that $1,147,000
shall be expended for intersection improvements on Forest Street at Trapelo
Road and Beaver Street in the city of Waltham; provided further, that $1,000,000
shall be expended for an intermodal transportation center in the town of Belchertown;
provided further, that $1,500,000 shall be expended for an intermodal transportation
center in the city of Holyoke; provided further, that $3,400,000 shall be
expended for widening of Montvale Avenue in the city of Woburn [This
language was stricken by the Acting Governor - see Veto Message -
Senate, No. 2468]; provided
further, that $1,500,000 shall be expended for the design and engineering of
a state route 57 flyover ramp over state route 5 in the town of Agawam; provided
further, that $1,625,000 shall be expended for reconstruction of Queen Anne's
Corner in the towns of Norwell and Hingham; provided further, that $1,000,000
shall be expended to expand the "Safe Routes to School" program; provided further,
that $1,000,000 shall be expended for repairs to the Bullard Street bridge and
culvert at Willett Pond; provided further, that $4,000,000 shall be expended
for reconstruction of the northbound side of state route 1A at Kendall Street;
provided further, that $300,000 shall be expended for a barrier on the southbound
side of Interstate 95 at the Sharon-Canton line of the identical type and length
of the existing barrier on the northbound side of said highway [This
language was stricken by the Acting Governor - see Veto Message -
Senate, No. 2468]; provided
further, that no less than $200,000 shall be expended for signalization at the
intersection of Route 495 and Ramp 109 in the town of Milford; provided further
that $500,000 shall be expended for the engineering and replacement of Bridge
No. N-18-002 (Park Street) over Martin's Brook in the town of North Reading;
provided further that up to $200,000 shall be expended for improvements to the
intersection of Route 6 and Brandt Ave. in the town of Dartmouth; provided
further that not less than $100,000 shall be expended for resignalization and
reconstruction on North Main Street at the Trilling House in the Town of Randolph
[This language was stricken by the Acting Governor - see
Veto Message - Senate,
No. 2468]; provided further, that $750,000 shall be expended
for intersection improvements at Route 28 (Palmer Avenue) and Jones Road; Route
28 (Davis Straits) and Jones Road; and Route 28 and Davisville Road in the Town
of Falmouth; provided further, that not less than $500,000 be expended for reconstruction
of upper Palmer Avenue bridge in Falmouth; provided further, that $300,000 shall
be expended for a project to engineer and place a street light at the intersection
of Route 28 and Orchard Street in the town of Mashpee; provided further, that
not less than $50,000 shall be expended for drainage improvements on Bernache
Street off Route 9, in the city of Northampton; provided further, that not less
than $150,000 shall be provided to the town of North Attleborough to provide
the necessary specialized equipment for the police department's emergency operations
center for advancement of a telecommunications highway program; provided further,
that not more than $750,000 shall be expended for the resurfacing of Plantation
Street in Worcester, from the intersection of Route 9 to Sunderland Road;
provided further, that not less than $130,000 shall be expended to study the
feasibility of erecting a sound barrier on 95/128 abutting East Quinobequin
Road in the city of Newton [This language was stricken
by the Acting Governor - see Veto Message - Senate,
No. 2468]; provided further, that $2,000,000 shall be expended
for repairs and improvements to state route 38 at North Main Street and Bates
Road off of route 28 and route 60 in the town of Winchester; and provided further,
that $100,000 shall be expended for a revitalization study and/or a traffic
flow study at the convergence of Routes 139, 27 and 138 in the center of the
town of Stoughton; provided further, that $150,000 shall be expended for the
restoration of the North Lake Avenue Bridge in the city of Worcester; provided
further, that $150,000 shall be expended for a study to be conducted by the
Highway department regarding the possibility of traffic signalization or other
traffic controls to be installed at Fellsway East and Glenwood Street in the
city of Malden, and if sufficient funds are still available, for the installation
of said signalization on controls; provided further that $500,000 shall be expended
for reconstruction of Marianno Bishop Boulevard in the city of Fall River; provided
further that $490,000 shall be expended on signalization on state route 99 at
Gladstone Street, Second Street, Summer Street, Hancock Street and Lexington
Street; provided further, that not more than $155,000 be awarded to the city
of Worcester for public way enhancement for Pleasant Street from the intersection
with Chestnut Street to the intersection with Park Avenue; provided further
that not less than $500,000 shall be expended on the design and construction
of a pedestrian underpass under the Mystic Wellington bridge on state highway
route 28 in the city of Somerville [This language
was stricken by the Acting Governor - see Veto Message -
Senate, No. 2468]; provided
further, that $150,000 shall be expended by the Massachusetts Highway Department
for a traffic noise survey to be conducted in the area of Interstate 290 in
Shrewsbury; provided further, that not less than $250,000 shall be provided
to the town of Plymouth to provide for a traffic light at the intersection of
Route 3A and Manomet Point Road; provided, further, that $250,000 shall be expended
for roadway improvements on Dartmouth Street (connecting road to Route 110),
$250,000 shall be expended for roadway improvements on Hillside Avenue (connecting
road to Route 110), $175,000 shall be expended for roadway improvements on Marston
Street (connecting road to Route 495) all in the city of Lawrence; provided,
further, that $250,000 shall be expended for roadway improvements on Prospect
Street (connecting road to Route 110 & Route 495), in the city of Lawrence;
provided further that not less than $100,000 shall be expended for traffic signals
at the intersection of Hathaway Road and Rockdale Avenue off of Route 140 in
the city of New Bedford; provided further, that $2,500,000 shall be expended
for improvements to Front Street in the city of Chicopee; provided further,
that $1,000,000 shall be expended for repairs to the state street bridge in
Springfield on Route 20; provided further, that $1,200,000 shall be expended
for the construction of a parking garage in the downtown area in the city of
Brockton [This language was stricken by the Acting
Governor - see Veto Message - Senate,
No. 2468]; provided further, that $28,050 shall be expended
for the repair of 2 rail bridge crossings of the Hop brook in the town of Sudbury;
provided further, that $2,431,500 shall be expended on the Wiggins avenue extension
project in the town of Bedford; provided further, that funds shall be expended
for improvement planning at the Crosby corner rotary in the town of Concord
[This language was stricken by the Acting Governor - see
Veto Message - Senate,
No. 2468]; provided further, that $100,000 shall be expended
for culvert repair due to flooding at Heywood avenue and Westford road in the
town of Concord; provided further, that $150,000 shall be expended to improve
or install sidewalks from Littleton common to Shaker lane along the eastbound
side of state highway route 2A and from Littleton common to the Fortin mall
along the westbound side of state highway route 2A in the town of Littleton;
provided further, that $1,000,000 shall be expended for the construction of
a sound barrier along interstate highway route 93 in the town of Somerville;
provided further, that the department of highways shall remove the overhanging
traffic light at the corner of Bellvale avenue and route 60 in the city of Malden
[This language was stricken by the Acting Governor - see
Veto Message - Senate,
No. 2468]; provided further, that $1,000,000 shall be expended
for improvements to the sidewalks and the pedestrian walkways on state highway
routes 5 and 10 in the town of Northfield; provided further, that $55,000 shall
be expended for the additional work necessary to complete the Smith road rehabilitation
project in the town of Chesterfield; provided further, that $300,000 shall be
expended for the Nielson road relocation project in the town of New Salem; provided
further, that $1,500,000 shall be expended for the state's portion of the Westfield
multimodal transportation project; provided further, that the department of
highways shall design and construct the state highway route 181 and the River
street bridge replacements in the town of Belchertown; provided further, that
said department shall work in coordination with the department of environmental
management to improve Laurel lake road in the town of Erving; provided further,
that $1,600,000 shall be expended for road infrastructure improvements to Center
street from the city of Springfield boundary line to interstate highway route
391 in the city of Chicopee; provided further, that $180,000 shall be expended
for a traffic light on Grossman drive in the town of Braintree; provided further,
that the department of highways shall study the cost and benefit of a bike path
along the department of highways/MBTA route from the town of Braintree to the
city of Boston; provided further, that not more than $350,000 shall be expended
for improvements to exit 2 on route 6 in the town of Sandwich; provided further,
that $325,000 shall be expended for traffic and safety improvements at the Main
street intersection in the town of Acushnet; provided further, that $450,000
shall be expended for phase I reconstruction on Green street in the town of
Fairhaven; provided further, that $1,000,000 shall be expended for the reconstruction
of Dartmouth street in the town of Dartmouth; provided further, that $1,000,000
shall be expended for phase II of the New Bedford downtown streetscape project;
provided further, that not less than $70,000 be provided for the installation
of traffic signals on state highway route 113 at the Pentucket Regional High
School at 22 Main Street and the Public Safety Building to be located at 403
Main street in the town of West Newbury; provided further, that $750,000 shall
be expended for the resurfacing of Lake avenue in the city of Worcester; provided
further, that $100,000 shall be expended to study the CSX Corporation's Worcester-Framingham
commuter line to examine possible solutions to the problem of insufficient commuter
rail service from Worcester to Framingham, including the possibility of adding
a track, adding more switching and signaling equipment, adding commuter rail
service during peak hours and addressing the problem of parking commuter trains
when not in use; provided further, that $1,500,000 shall be expended for 5 extremely
hazardous intersections at Salem and Temple streets; Edgell and Water streets;
Edgell and Brook streets; Edgell and Central streets; and Edgell and Vernon
streets in the town of Framingham; provided further, that $2,200,000 shall be
expended for the resignaling and reconstruction of Franklin street in the town
of Framingham; provided further, that $1,300,000 shall be expended for the reconstruction
of the Central street bridge in Saxonville; provided further, that $1,000,000
shall be expended for the reconstruction of the Winter street bridge in Framingham;
provided further, that $1,500,000 shall be expended for the resurfacing of route
126 from the town line with Ashland to Irving street; provided further, that
$50,000 shall be expended to reimburse the town of Medway for expenditures incurred
to conduct a traffic study on state highway route 109 in fiscal years 2001 and
2002 [This language was stricken by the Acting Governor
- see Veto Message - Senate,
No. 2468]; provided further, that not less than $100,000 shall
be expended for the design and installation of a pedestrian traffic control
signal to be installed on East Main street, state highway route 131 in the town
of Southbridge, opposite the entrance of the Center of Hope Sheltered Workshop;
provided further, that $150,000 shall be expended for a comprehensive engineering
and planning study, including recommendations and estimates of probable cost,
of the feasibility of opening or replicating a portion of the historic Blackstone
canal in the town of Uxbridge [This language was stricken
by the Acting Governor - see Veto Message - Senate,
No. 2468]; provided further, that not less than $3,000,000
shall be expended for the reconstruction and improvement of US route 1 Bridge
road in the town of Salisbury; provided further, that not less than $100,000
shall be expended on improvements to and restoration of the East Brookfield
Railroad Station [This language was stricken by the
Acting Governor - see Veto Message - Senate,
No. 2468]; provided further, that $25,000 shall be expended
for the purpose of conducting a feasibility study for transportation improvements
between exits 16 and 17 on route 2 in the area of the proposed Athol Industrial
Park; provided further, that $50,000 shall be expended to study traffic flow
at the intersection of routes 122, 32, and 62 in the town of Barre; provided
further, that $25,000 shall be expended for the purpose of conducting a feasibility
study for improvements to route 32 in the area of the Nichewaug Inn in the town
of Petersham; provided further, that $1,000,000 shall be expended for the continuation
of the Union Station Project in Springfield; provided further, that $100,000
shall be expended for additional signalization on state route 202 at the public
safety complex in Belchertown; provided further, that $1,000,000 shall be expended
for improvements at the Spec pond recreation area in Wilbraham; provided further,
that $500,000 shall be expended for the replacement of two bridge culverts in
the town of Winchester in the area of Horn Pond Brook; provided further,
that $450,000 shall be expended for the design, study and completion of Phase
Two of the Mystic Valley Parkway Rehabilitation project, so-called, encompassing
the areas of Roosevelt circle and South Border road, located in the town of
Winchester and the city of Medford [This language
was stricken by the Acting Governor - see Veto Message -
Senate, No. 2468]; provided
further, that $3,200,000 shall be expended for the construction of a 1 mile
connector road from US route 20 to state route 30 in the towns of Shrewsbury
and Grafton, also known as the Cherry street connector; provided further, that
$2,000,000 shall be provided for the planning, design and construction of enhanced
parking facilities and visitor information center in the vicinity of Washington
street, Railroad Avenue and Maplewood avenue, as well as Main street in the
city of Gloucester; provided further, that $420,000 shall be expended to
install a traffic signal at the intersection of Grove street and Greenough boulevard
in Watertown [This language was stricken by the Acting
Governor - see Veto Message - Senate,
No. 2468]; provided further, that $200,000 shall be expended
in conjunction with matching state and federal funds for engineering and design
associated with repair of the state route 106 rail bridge underpass in the town
of Mansfield; provided further, that the department of highways shall install
a traffic signal at the intersection of West Britannia street and Bay street
in the city of Taunton; provided further, that the department of highways shall
install full traffic signalization at Braga square in Taunton; provided further,
that $1,500,000 shall be expended for the reconstruction of the interchange
at exit 34 on route 2 in the communities of Leominster and Lancaster; provided
further, that $500,000 shall be expended for the study, review, design and construction
of road improvements for Lynnfield street and other state intersections and
rotaries in the city of Lynn; provided further, that an amount not less than
$150,000 shall be expended for the relocation of Assabet avenue in the town
of Concord; provided further, that $1,000,000 shall be expended for the construction
of a sound barrier along route 3 in the towns of Bedford and Chelmsford
[This language was stricken by the Acting Governor - see
Veto Message - Senate,
No. 2468]; provided further, that $480,000 shall be expended
for the intersection improvements on Lincoln street at Wyman street and Smith
street in the city of Waltham; provided further, that $350,000 shall be expended
on a study of a regional parking facility in the town of Lexington to encourage
greater use of local and regional public transport [This
language was stricken by the Acting Governor - see Veto Message -
Senate, No. 2468]; provided
further, that not less than $75,000 shall be expended for the route 128 Regional
Planning Project, so-called; provided further, that not less than $1,500,000
is hereby authorized for planning and construction of a mini-intermodal center
on the Lower Cape; provided further, that not less than $1,500,00 is hereby
authorized for planning and construction of a mini-intermodal center on the
Upper Cape; provided further, that not less than $250,000 shall be expended
for a project to engineer and place a street light at the intersection of state
route 28 and South County road in Marstons Mills; provided further, that not
less than $250,000 shall be expended for a project to engineer and place as
street light at the intersection of state route 28 and state route 149 in Marstons
Mills; provided further, that not less than $700,000 shall be expended for the
reconfiguration of the horizontal design, including extension of the on-ramp,
at the intersection of route 6 and route 149 in Barnstable; provided further,
that $50,000 shall be expended for crosswalk and traffic light on Memorial Drive
at Hawthorne Street Extension in the city of Cambridge [This
language was stricken by the Acting Governor - see Veto Message -
Senate, No. 2468]; provided
further, that $3,500,000 shall be expended for the reconstruction and improvement
of the R street bridge and Elm street in the town of Amesbury; provided further,
that $150,000 shall be expended for the design, construction and installation
of traffic signals to portions of Boston road at the on and off ramps at state
highway route 495 in the town of Westford.
SECTION 20. Said item 6033-9917 of said section 2B of said chapter 235 is hereby further amended by inserting after the word "Leominster" the following words:- ; provided further, that $30,000,000 shall be obligated to the Massachusetts Convention Center Authority for the design, planning, permitting, repair, reconstruction, engineering and construction of transportation infrastructure in and around the new Boston Convention and Exhibition Center in the city of Boston to include a new Cypher street, connecting D street to the South Boston Haul road; at-grade roadways at surface level of said center; elevated ring road around said center; Massachusetts Bay Transportation Authority silver line stop in front of said center; Summer street at front entrance of said center, including retaining wall; reconstruction of D street from Broadway to Summer street and reconstruction of West Second street from D street to B street; provided further, that not more than $15,000,000 may be obligated to the Massachusetts Convention Center Authority for the engineering, design, siting, permitting and bid documents for the construction of a U-turn ramp in the city of Boston to manage the flow of traffic to allow eastbound traffic on the Massachusetts Turnpike at a location east of the Allston/Cambridge exit and west of the Copley/Prudential exit on said turnpike to reverse direction and/or to access the Back Bay section of the city of Boston; provided, however, that, except for such funds not to exceed $2,500,000, as shall be necessary to complete any reports that may be required by the Massachusetts Environmental Policy Act, section 61 to 62H of chapter 30 of the General Laws, inclusive, no funds from the preceding $15,000,000 authorization shall be expended until such reports are completed; provided, further that such reports shall be prepared in consultation with the Massachusetts Turnpike Authority and the Massachusetts Highway Department; provided further, that said convention center authority in consultation with said turnpike authority and said highway department shall conduct and prepare a study of the necessity, feasibility, costs, siting alternatives, design alternatives, financing alternatives and other issues related to construction of the ramp and a report shall be filed with the joint committee on transportation on or before January 31, 2003; provided further, that said Convention Center Authority in consultation with said turnpike authority and said highway department shall establish and conduct a public advisory process including a public hearing, as a part of such study regarding the specific issues stated herein and other issues related to the construction of said ramp; provided further, that not more than $5,000,000 may be obligated to the Massachusetts Convention Center Authority towards the design, engineering and construction of a tunnel under D street in the city of Boston for use by the Massachusetts Bay Transportation Authority silver line; provided, that any costs above the amount authorized in this item shall be paid by other sources.
SECTION 21. Said item 6033-9917 of said section 2B of said chapter
235 is hereby further amended by striking out the figure "$650,000,000" and
inserting in place thereof the following figure:- $799,295,608.
SECTION 22. Line item 6005-0016 of Section 2H of said chapter 235 is hereby repealed.
SECTION 23. Section 2D of said chapter 235 is hereby amended by inserting before item 6001-9905 the following item:- For the purpose authorized by chapter 161B of the general laws including the purchase, long-term lease and rehabilitation of rolling stock, equipment and related appurtenances ..................$9,500,000
SECTION 24. Section 5 of said chapter 235 is hereby amended by striking
out, in line 4, the figure "1,107,000,000" and inserting in place thereof the
figure:- 1,256,145,608.
Section 5 of said chapter 235 is hereby amended by striking out, in line 4,
the figure "1,107,000,000" and inserting in place thereof the figure:- 1,241,882,050.
[This language was stricken and reduced by the Acting
Governor - see Veto Message - Senate,
No. 2468]
SECTION 25. The department of telecommunications and energy shall require that whistle markers on the railroad right-of-way on the approach to each grade crossing referred to in section 49 shall be replaced with bell markers within 90 days of the effective date of this act.
SECTION 26. The department of telecommunications and energy shall notify the Massachusetts Bay Transportation Authority and all other railroad corporations operating locomotive engines over the grade crossings referred to in section 49 of the provisions of this act within 30 days after its effective date.
SECTION 27. Notwithstanding section s 40E to 40K, inclusive, of chapter 7 of the General Laws to the contrary the commissioner of the division of capital asset management and maintenance, acting in consultation with the commissioner of the department of environmental management, is hereby authorized and directed to convey to the Massachusetts Bay Transportation Authority, by quitclaim deed, for mass transportation and roadway purposes, the fee simple interest in the former railroad right-of-way located in the towns of Hingham and Cohasset more fully described in a deed from the United States to the Commonwealth of Massachusetts, dated September 17, 1986 and recorded with the Norfolk county registry of deeds in Book 8918, Page 199 and in the Plymouth county registry of deeds in Book 8200, Page 153.
Said parcels of land are more particularly shown as parcels GBL-3P, GBL-3Q, GBL-3R, GBL-3S (in Hingham), and GBL-4A, GBL-4B, GBL-4C, and GBL-4D (in Cohasset) on a plan of land entitled "Public Lands in the Towns of Hingham and Cohasset Plymouth and Norfolk Counties" dated April 12, 2001, prepared by Bryant Associates, Inc. and on file with the Massachusetts Bay Transportation Authority. Sections 40E and 40K of said Chapter 7 shall not apply to this transfer.
SECTION 28. No deed of conveyance by, or on behalf of the Commonwealth of the property described in section four shall be valid unless such deed provides that such property shall be used solely for the purposes described therein. Prior to the execution of a deed, the Massachusetts Bay Transportation Authority shall file with the commissioner of the division of capital asset management and maintenance a written abrogation of deed restrictions executed by an authorized representative of the United States. In the event the parcels conveyed pursuant to section four above are not used for mass transportation purposes within five years of the effective date of this act, or if the Massachusetts Bay Transportation Authority ceases to utilize such parcels for mass transportation or roadway purposes at any time thereafter, title to such parcels shall revert to the Commonwealth upon such terms and conditions as the commissioner of the division of capital asset management and maintenance may determine.
SECTION 29. In consideration of the conveyance authorized by section 27, the Massachusetts Bay Transportation Authority shall plan, design and construct a recreational bicycle trail from its proposed commuter station at Route 3A in the town of Cohasset into Wompatuck State Park, approximately 7,000 linear feet. In addition the Massachusetts Bay Transportation Authority shall and is hereby authorized to convey to the commonwealth, under the care and control of the department of environmental management or, at the department of environmental management's option, to some or all of the respective towns, by deed approved as to form and content by the commissioner of the division of capital asset management and maintenance, the railroad right of way known as the West Hanover Secondary and located in the towns of Abington, Rockland and Hanover, containing approximately 3.4 miles of right of way between Monroe street in the town of Abington and mile post 3.49 (STA 192+00) in the town of Hanover as shown on the railroad Valuation Plans Nos. 5.22/1 through 5.22/4, which right of way shall be held by the Commonwealth or the respective towns, as applicable, for conservation and recreation purposes.
SECTION 30. In accordance with the authorization set forth in this act and in section 47 of chapter 33 of the acts of 1991, the Massachusetts Bay Transportation Authority may acquire, by deed, eminent domain, or otherwise, and thereafter may use the former railroad right of way extending from Braintree to the Greenbush area of Scituate, and certain properties adjacent to such right of way for mass transportation and roadway purposes, including, without limitation, the properties referenced in section 28 and said section 47 of said chapter 33, and the following properties, some or all of which may be presently used for open space or recreation purposes: a certain parcel of land presently owned by the town of Scituate improved with tennis courts and located on Henry Turner Bailey road in North Scituate; the entire length of the right of way located within the towns of Cohasset and Scituate; certain conservation land along Herring Brook in the town of Weymouth which may be required for the construction of East Weymouth station; a portion of Home Meadows, so-called, in the town of Hingham which is required for a connector road; and a portion of Ellms Meadow, so-called, in the town of Cohasset which is required for the widening of Spring street.
SECTION 31. The Massachusetts Bay Transportation Authority shall assume the costs of any appraisals; surveys or other expenses related to the conveyances authorized in sections 26, 27, 29 and 30.
SECTION 32. The commissioner of the division of capital asset management and maintenance shall, 30 days prior to the execution of any agreement or deed authorized by sections 28 or 30, or any subsequent amendment thereof, submit said agreement or deed, or amendment, and a report thereon to the inspector general for his review and comment. The inspector general shall issue his review and comment within 15 days of receipt. The commissioner of the division of capital asset management and maintenance shall submit the agreement, or deed, or any subsequent amendments thereof, the report, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the chairmen of the joint committee on state administration at least 15 days prior to the execution of same.
SECTION 33. The commissioner of the division of capital asset management and maintenance is hereby authorized, subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, to acquire by eminent domain, purchase or otherwise, and or to transfer the care custody and control of certain parcels of land, herein described in sections 33 to 40, inclusive, located in the towns of Billerica and Chelmsford.
SECTION 34. A parcel of land known as Parcel 13-3, owned by the town of Billerica conservation commission. This parcel is located on the easterly side of the Route 3 northbound off-ramp and southerly of Concord road in the town of Billerica and is bounded and described as follows:-
Starting along the 1953 state highway layout, Westerly along the 1953 state highway layout for about 96 feet by a line (N26° 30'14"W), Northerly along the 1953 state highway layout by a line of about 234 feet (N28° 42'01"E);
Southerly by a line of about 221 feet (S15° 56'29"W), and by a curve to the left with a radius of about 578 feet and a length of about 79 feet by land now or formerly of the town of Billerica Conservation Commission.
Said parcel contains about 7,714 square feet. The parcel is to be diverted from its present use for conservation purposes to a highway use. The parcel of land, hereinbefore described, is shown on a plan entitled "Plan of land in the Town of Billerica, Parcel 13-3", prepared by URS Corporation, dated June 24, 2002. Said plan shall be kept on file with the chief engineer of the department of highways.
SECTION 35. A parcel of land known as Parcel 13-12-T owned by the town of Billerica. The parcel is located easterly of Treble Cove road in the town of Billerica adjacent the on- and off-ramps to Route 3 southbound and is bounded and described as follows:
Starting along the 1959 county layout, Northerly along the 1959 county layout by a curve and a line. The curve is to the left with a radius of about 796 feet and a length of about 92 feet and a line of about 123 feet long (N24° 04'28"E);
Easterly along the projection of the common line of the 1959 county layout and the 1953 state highway layout by a line of about 7 feet (N74° 42'44"W) by land now or formerly of the town of Billerica; and Southerly by a line of about 174 feet (N26° 07'09"E), and by a line of about 43 feet (N31° 46'21"E) by land now or formerly of the town of Billerica.
Said parcel contains about 667 square feet. This parcel of land is to be diverted from its present use for park purposes to a highway use. This parcel of land, hereinbefore described, is shown on a plan entitled "Plan of land in the Town of Billerica, Parcels 13-12 & 13-12-T", prepared by URS Corporation, dated June 24, 2002. Said plan shall be kept on file with the chief engineer of the department of highways.
SECTION 36. A parcel of land known as parcel 13-12 owned by the town of Billerica. This parcel is located easterly of Treble Cove road in the town of Billerica, north of Parcel 13-12-T, and adjacent to the on- and off-ramps to Route 3 southbound and is bounded and described as follows:
Starting along the 1953 state highway layout, Northerly along the 1953 state highway layout by two lines and a curve, the first line is a line of about 36 feet (N24° 04'28"E), the second line is line of about 230 feet (N15° 17'13"E), and the curve is to the right with a radius of about 72 feet and a length of about 79 feet;
Southerly by two curves and a line, the first curve is to the right with a radius of about 2,223 feet and a length of about 172 feet, the second curve is to the right with a radius of about 1,752 feet and a length of about 103 feet, and by a line of about 57 feet (N25° 13'48"E); and Westerly by a line of about 7 feet (N74° 42'44"W) by land now or formerly of the town of Billerica.
Said parcel contains about 7,406 square feet. This parcel is to be diverted from its present use for park purposes to a highway use. The parcel of land, hereinbefore described, is shown on a plan entitled "Plan of land in the Town of Billerica, Parcels 13-12 & 13-12-T", prepared by URS Corporation, dated June 24, 2002. Said plan shall be kept on file with the chief engineer of the department of highways.
SECTION 37. A parcel of land known as parcel 15-D-17 owned by the town of Chelmsford Conservation Commission. This parcel is located west of Stony Brook on the southerly side of Route 3 southbound in the town of Chelmsford and is bounded and described as follows:
Starting along the 1958 state highway layout, Northerly along the 1958 state highway layout for about 33 feet by a line (S78° 36'36"E);
Easterly, by a line of about 33 feet (S11° 23'24"W), Southerly by a line of about 33 feet (S78° 36'36"E), and Westerly by a line of about 33 feet (S11° 23'24"W) by land now or formerly of the town of Chelmsford Conservation Commission.
Said parcel contains about 1,076 square feet. The parcel is to be diverted from its present use for conservation purposes to a highway use. This parcel is shown on a plan entitled "Plan of land in the Town of Chelmsford, Parcels 15-D-17 & 15-D-18", prepared by URS Corporation, dated June 24, 2002. Said plan shall be kept on file with the chief engineer of the department of highways.
SECTION 38. A parcel of land known as 15-D-18 owned by the town of Chelmsford conservation commission. The parcel is located west of Stony Brook, west of Parcel 15-D-17, and on the southerly side of Route 3 Southbound in the town of Chelmsford and is bounded and described as follows:
Starting along the 1958 state highway layout, Northerly along the 1958 state highway layout for about 33 feet by a line (S78° 36'36"E);
Easterly, by a line of about 33 feet (S11° 23'24"W), Southerly by a line of about 33 feet (S78° 36'36"E), and Westerly by a line of about 33 feet (S11° 23'24"W) by land now or formerly of the town of Chelmsford Conservation Commission.
Said parcel contains about 1,076 square feet. This parcel is to be diverted from its present use for conservation purposes to a highway use. This parcel of land, hereinbefore described, is shown on a plan entitled "Plan of land in the Town of Chelmsford, Parcels 15-D-17 & 15-D-18", prepared by URS Corporation, dated June 24, 2002. Said plan shall be kept on file with the chief engineer of the department of highways.
SECTION 39. A parcel of land known as Parcel 15-D-16 owned by the Town of Chelmsford. The parcel is located west of the B&M Railroad tracks and east of Moores Canal on the southerly side of Route 3 Southbound in the town of Chelmsford, and is bounded and described as follows:-
Starting along the 1958 State highway layout, Westerly along the 1958 State highway layout for about 45 feet by a line (N78° 36'36"W);
Southerly, by a line of about 49 feet (S11° 23'24"W), Easterly by a line of about 10 feet (S78° 36'36"E) by land now or formerly of the Town of Chelmsford, and Northerly by a line of about 60 feet (N46° 32'37"E) by land now or formerly of the B&M Railroad.
Said parcel contains about 1,342 square feet. This parcel is to be diverted from its present use for education purposes to a highway use. The parcel of land, hereinbefore described, is shown on a plan entitled "Plan of land in the Town of Chelmsford, Parcels 15-D-16", prepared by URS Corporation, dated June 24, 2002. Said plan shall be kept on file with the chief engineer of the Department of Highways.
SECTION 40. A parcel of land known as Parcel 15-D-19 owned by the North Chelmsford Water District. The parcel is located west of Stony Brook on the northerly side of Route 3 northbound in the town of Chelmsford and is bounded and described as follows:-
Starting along the 1958 state highway layout, Easterly along the 1958 state highway layout for about 33 feet by a line (S78° 36'36"E);
Northerly, by a line of about 33 feet (S11° 23'24"W), Westerly by a line of about 33 feet (S78° 36'36"E), and Southerly by a line of about 33 feet (S11° 23'24"W) by land now or formerly of the North Chelmsford Water District.
Said parcel contains about 1,076 square feet. This parcel is to be diverted from its present use for water purposes to a highway use. The parcel of land, hereinbefore described, is shown on a plan entitled "Plan of land in the Town of Chelmsford, Parcels 15-D-17, 18 & 19", prepared by URS Corporation, dated June 24, 2002. Said plan shall be kept on file with the chief engineer of the department of highways.
SECTION 41. A parcel of land known as parcel 13-E-1-T owned by the commonwealth under the care custody and control of the Middlesex community college. The parcel is located on the southerly side of Manning road in the town of Billerica at the intersection of Manning road and Technology Park Drive adjacent the on-ramp to Route 3, and is bounded and described as follows:-
Starting along Manning Road, Westerly along the Billerica town layout for about 85 feet by a line (S24° 36'56"W), and then for about 3 feet (S50° 49'35"W); northerly along the Billerica town layout by a line of about 67 feet (N61° 41'56"E);
Southerly and Westerly by a line of about 137 feet (N32° 40'22"E), by a line of about 14 feet (N43° 10'04"E); and by a line of about 46 feet (N50° 48'57"E); by land now or formerly of the Commonwealth of Massachusetts (Board of Regional Community Colleges).
This parcel contains about 4,591 square feet. This parcel is to be diverted from its present use for educational purposes to a highway use. This parcel of land, hereinbefore described, is shown on a plan entitled "Plan of land in the Town of Billerica, Parcel 13-E-1-T", prepared by URS Corporation, dated June 24, 2002.
Said plan shall be kept on file with the chief engineer of the department of highways.
SECTION 42. The Massachusetts Port Authority is hereby authorized and directed to repay to the commonwealth all interest expenses incurred by the commonwealth as result of the delay in the authority's scheduled payment to the Capital Expenditure Reserve Fund in accordance with the terms of the roadway transfer agreement dated March 23, 1999, and executed by said authority, the Massachusetts Turnpike Authority, the department of highways, and the executive office of administration and finance. Repayment shall proceed according to terms agreed upon by said port authority and the treasurer; provided, however, that full repayment shall be completed within 2 years of the effective date of this act.
SECTION 43. The Massachusetts Port Authority is hereby directed to study and present alternative locations to shellfish harvesting at the ends of runway 22R and runway 22L. Said authority will report the findings of said study to the joint committee on transportation on or before June 30, 2003.
SECTION 44. There is hereby established an advisory committee consisting of 6 persons to be appointed by the governor, 4 persons appointed by the president of the senate with at least 1 such person to be a member of the minority party, 4 persons appointed by the speaker of the house of representatives, with at least 1 such person to be a member of the minority party, 1 person appointed by the chief executive officer of Massachusetts Turnpike Authority and 1 person appointed by the chief executive officer of the Massachusetts Port Authority for the purpose of studying and making recommendations relative to future proposals and actions to finance the obligations of the Massachusetts Turnpike Authority, the metropolitan highway system, the Massachusetts Port Authority and the Central Artery/Third Harbor Tunnel Project.
The study shall examine the equity of the funding structure with regard to financing the obligations of the Massachusetts Turnpike Authority, the Metropolitan highway system, the Massachusetts Port Authority and the Central Artery/Third Harbor Tunnel Project and shall include, but not be limited to, an examination of the following: (1) the fairness of the proposed toll structure for private passenger vehicles using interstate highway route 90 relative to private passenger vehicles using the other highways of the commonwealth and to benefit from the intended use of the Central Artery/Third Harbor Tunnel Project; (2) the effect and practicality of instituting tolls on the commonwealth's border with neighboring states, including on the commonwealth's border with the state of New Hampshire on the interstate highway routes 93 and 95 and state highway route 3; (3) the effect of providing for a more uniform and consistent toll structure on highways throughout the commonwealth, including the effect of instituting tolls on that portion of the metropolitan highway system, as defined in chapter 81A of the General Laws, presently consisting of interstate highway route 93; (4) the effect of reinstituting tolls on the Boston Extension at the interchange of interstate highway routes 90 and 93 and on the turnpike from exit 1 at the commonwealth's border with the state of New York to, but excluding, exit 6, at the interchange of interstate highway Route 90 and interstate highway route 291; (5) the effect of modifying toll discounts or free travel on the turnpike, roadways within the metropolitan highway system and Tobin Bridge including consideration of frequent user and commuter discount; (6) the effect of limiting or eliminating contributions by the Massachusetts Turnpike Authority to the surface artery; (7) the effect of excluding from the metropolitan highway system that portion constituting a section of interstate highway route 93; (8) the effect of transferring to the department of highways such portion of the turnpike extending from the commonwealth's border with the state of New York to, but excluding, exit 6 at the interchange of interstate highway route 90 and intestate highway route 291; (9) the effect of redefining the metropolitan highway system to include such portion of the turnpike extending from the interchange of interstate highway route 90 to and excluding the interchange of interstate highway route 90 and interstate highway route 495; (10) funding sources for the department of highways to meet the expenses of operating such portion of interstate highway route and other highway transferred to the department of highways from the Massachusetts Turnpike Authority; (11) the effect of providing a tax credit to Massachusetts residents purchasing transponders for use on the turnpike or the metropolitan highway system; (12) the effect of permitting turnpike revenues in excess of those needed to pay operating expenses and debt service on bonds supported by turnpike revenues available to be pledged and pay debt service on bonds issued for the metropolitan highway system; (13) the elimination of the Local Tourism Grant Program of the Massachusetts Turnpike Authority; (14) the effect of limiting certain liabilities of the Massachusetts Turnpike Authority, including the extent to which the provisions of chapter 258 of the General Laws should also be applicable to the Massachusetts Turnpike Authority; (15) further cost savings that might be realized by the Massachusetts Turnpike Authority; (16) the effect and practicality of dedication of a portion of the vehicle registration fee under clause 2 of section 33 of chapter 90 of the General Laws and a portion of the fee for a license to operate motor vehicles under clause 21 of said section 33 of said chapter 90 to offset proposed or actual toll increases on interstate highway route 90; (17) the effect and practicality of dedicating all or a portion of all taxes collected on fuel sold on property owned or leased by the Massachusetts Turnpike Authority to offset the proposed or actual toll increase on interstate highway route 90; and (18) the feasibility of the Massachusetts Turnpike Authority instituting a size limitation of 80 square feet in area, excluding supports, and a height restriction of 30 feet from the ground for signs advertising any gasoline station, restaurant or other service erected or maintained on the turnpike and the feasibility of eliminating existing signs that do not meet such limitations or prohibiting the illumination of existing signs that do not meet such limitations between the hours of 10:00 p.m. and 6:00 a.m.
No member of the advisory board shall receive compensation for his services nor shall a member of the advisory committee be reimbursed for travel expenses or actual expenses incurred in carrying out his duties as a member of the advisory committee. The advisory committee shall report to the joint committee on transportation the results of its study, together with its recommendations and drafts of any legislation necessary to carry those recommendations into effect, not later than January 1, 2003. The Massachusetts Turnpike Authority and the Massachusetts Port Authority shall not implement any adjustment in tolls imposed on 2 axle passenger, noncommercial vehicles at least until 90 days after the submission of the report.
SECTION 45. The Massachusetts Turnpike Authority is hereby authorized and directed to provide for the continued operation of the fifty-percent toll discount program for account holders who participate in the authority's electronic toll collection system, as approved by the board of directors in open meeting on June 28, 2002. The authority shall appropriate the funds necessary to provide said discount on a permanent basis.
SECTION 46. The Massachusetts Turnpike Authority shall establish and convene within 30 days of the effective date of this act a task force to determine the effect that the Massachusetts Turnpike and its new toll increases shall have for neighborhoods in the vicinity of Exits 16 and 17 on the Massachusetts Turnpike in the city of Newton, specifically, the areas known as Newton Corner, Nonantum, Newtonville, West Newton, Auburndale, Newton Lower Falls and Waban. Said task force shall also study the continuing problem of noise from the turnpike for neighborhoods abutting the turnpike throughout the city of Newton. Said task force shall consist of 5 members: 1 shall be appointed by the Massachusetts Turnpike Authority; 1 shall be appointed by the Massachusetts highway department; 1 shall be appointed by the executive office of environmental affairs; 2 shall be appointed by the mayor of the city of Newton. Said study shall include, but not be limited to, any issues concerning traffic, pedestrian access and safety, parking, pollution and noise in the city of Newton related to its proximity to the Massachusetts Turnpike. Said task force shall conduct at least 1 public hearing in the city of Newton. The task force shall make recommendations, including but not limited to mitigating the noise, traffic and safety problems stemming from proximity to the Massachusetts turnpike of the neighborhoods of the city of Newton. The cost of implementing any such recommendations shall be the responsibility of the Turnpike Authority. Nothing herein shall in any way limit the city of Newton's authority to approve any changes to its public roadways. Said task force shall submit its findings and recommendations to the house and senate chairs of the general court's joint committee on transportation, and to the city of Newton, no later than January 1, 2003. The Massachusetts Turnpike Authority shall not institute tolls at Exit 16 or 17 prior to the conclusion of this study and without further analysis of the impact of such institution on the problems aforementioned.
SECTION 47. The Massachusetts Turnpike Authority is hereby
authorized and directed to expend $5,000,000 for the purpose of erecting sound
barriers along Interstate 90, which shall include but not be limited to the
following cities and towns: the Allston-Brighton section of the city of Boston;
the city of Newton; the town of Charlton; the town of Natick; the town of Wayland;
the town of Hopkinton, the town of Southborough; the town of Framingham and
the town of Sturbridge.[This section was vetoed by the Acting Governor -
see Veto Message - Senate,
No. 2468]
SECTION 48. Notwithstanding chapter 160 of the General Laws or any other general or special law, rule or regulation to the contrary, no railroad corporation, including the Massachusetts Bay Transportation Authority, shall permit any locomotive engine passing over the so-called Greenbush right of way extending from the Braintree Wye, so-called, to the Greenbush area of the town of Scituate, in the towns of Braintree, Weymouth, Hingham, Cohasset and Scituate to sound a whistle at any of said grade crossings which has the following safety features: flashing lights in each direction which are caused to be automatically activated by an approaching train; two gates, one on each side of the crossing, both of which are caused to be automatically lowered by an approaching train and each of which extends across approximately half the width of the lanes of traffic at said crossing so that the entire width of the lanes of traffic at said crossing is blocked when said gates are lowered; a bell that is caused to be automatically activated by an approaching train; overhead street lights; signs posted before the grade crossing in each direction warning motorists and pedestrians of the crossing ahead; posted speed limits for roadway traffic of not more than 40 miles per hour, and not more than two lanes of vehicular traffic in each direction at the grade crossing. Notwithstanding the provisions of this section , the whistle of a locomotive shall be sounded in the event of an emergency or in accordance with established rules governing the protection of railroad workers.
SECTION 49.[This section was vetoed by the Acting Governor -
see Veto Message - Senate,
No. 2468] Section 2 of chapter 21 of the General Laws,
as appearing in the 2000 Official Edition, is hereby amended by striking out,
in line 2, the word "seven" and inserting in place thereof the following word:-
9.
SECTION 50.
Said section 2A of said chapter 21, as so
appearing, is hereby
further amended by striking out the second paragraph and inserting in place
thereof the following paragraph:-
The commissioner shall request each of the boards of trustees or directors
of the Massachusetts Audubon Society, the Massachusetts Chapter of the Sierra
Club, and the Trustees of Reservations, to nominate 3 candidates for the seventh
member of the board. The commissioner shall also request each of the boards
of directors of the Snowmobile Association of Massachusetts, the New England
Trail Riders Association, the Massachusetts All Terrain Vehicle Association
and the Massachusetts Motorcycle Business Association or their successor organizations,
to nominate 3 candidates for the eighth member of the board. The commissioner
shall also request the board of directors of the Appalachian Mountain Club to
nominate a candidate for the ninth member of the board. From the nominations
received from the several boards of such organizations for the seventh member
of the board, the commissioner shall select 3 candidates for the seventh member
of the board whom he shall recommend to the governor, from the nominations received
from the several boards of such organizations for the eighth member of the board,
the commissioner shall select three candidates for the eighth member of the
board whom he shall recommend to the governor, and from the commissioner shall
recommend to the governor the candidate nominated by the Board of the Appalachian
Mountain Club for the ninth member of the board. The governor shall appoint
the seventh and eighth members of the board, respectively, from among the candidates
recommended by the commissioner for the seventh and eighth members of the board,
respectively, which members shall be appointed without regard to the county
membership restrictions outlined above. The governor shall appoint the candidate
recommended by the board of the Appalachian Mountain Club and recommended by
the commissioner as the ninth member of the board.[This section was vetoed by the Acting Governor -
see Veto Message - Senate,
No. 2468]
SECTION 51.
The first paragraph of section 9 of chapter 161A of
the General
Laws, as appearing in the 2000 Official Edition, is hereby amended by striking
out the sixth sentence and inserting in place thereof the following 3
sentences:- A city or town that is also a member of a regional transit
authority as of June
30, 2002 shall have 100 per cent of the amount assessed for the operation of
the
regional transit authority credited against its share of the assessment made
under this section. A city or town that joins a regional transportation
authority after June 30, 2002 shall have 75 per cent of the amount assessed for
the operation of such regional transit authority credited against its share of
the assessment made under this section. The amount credited shall not exceed
the
total amount of the assessment.
SECTION 52.
Section 3 of chapter 161B of the General Laws, as so
appearing, is
hereby amended by striking out the third paragraph and inserting in place
thereof
the following paragraph:-
Any city or town, or group or combination of cities or towns, other than
a city or town included in the Massachusetts Bay Transportation Authority or
in an authority established pursuant to section fourteen may, by a majority
vote of the city council or of the town meeting or majority vote of any other
legislative body, respectively, and subject to the approval of the secretary,
and subsequent to the notification of the advisory board to such authority by
the secretary, join an authority which is not separated from the city or town
or group or combination of cities and towns by more than 1 other municipality.
For the purposes of this section, any city or town defined as an other served
community in section 1 of chapter 161A shall not be considered a member of the
Massachusetts Bay Transportation Authority.
[This section was vetoed by the Acting Governor - see Veto Message -
Senate, No. 2468]
SECTION 53. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:
"Authority", the Massachusetts Bay Transportation Authority.
"Developer", the private entity selected to design and build the project, which private entity may be comprised of, but not be limited to, a civil engineering firm, a railroad construction firm, a law firm and a consulting firm.
"Development agreement" or "design-build contract", the agreement or contract entered into between the developer and the authority pursuant to subsection (d).
"Facility", that portion of the authority's commuter rail system necessary to extend the authority's existing commuter rail system from South Station in the city of Boston to the cities of New Bedford and Fall River.
"Project", the study, planning, design and construction of an extension to the authority's commuter rail system to the cities of New Bedford and Fall River, as approved by the secretary of environmental affairs in certificates issued on the Final Environmental Impact Report, in accordance with the terms of the agreement described in subsection (4).
"Secretary", the secretary of transportation and construction or his designee.
(b) Notwithstanding chapter 30, 149, 161 or 161A of the General Laws or any other general or special law to the contrary, the authority may solicit proposals from, and negotiate and enter into a development agreement or design-build contract with, a developer to undertake, as appropriate, all or a portion of the project. No such prospective developer or entity making up a portion of the prospective developer's team shall be precluded from participation in the project on the basis of its prior participation in the project based upon paragraph (q) of section 1 of chapter 268A of the General Laws unless the authority determines that such prospective developer or entity actually participated in the engineering or environmental analysis of the project on behalf of the authority and, in doing so, came into contact with information pertaining to the project which is not a public record or otherwise generally available to all prospective developers and entities.
(c)(1) The authority shall develop and publicly advertise a request for qualifications setting forth a description of the project and the criteria for prequalification of developers, including minimum levels of experience, financial capability, bonding capacity and such other criteria as are deemed appropriate by the authority in consultation with the secretary. The authority may consult with legal, financial, technical and other experts within and outside state government in the prequalification of developers.
(2) The authority shall select a minimum of 3 prospective developers, which it has determined to be the most qualified, based on their abilities to design and construct the project. Any selection made in response to a request for qualifications issued by the authority prior to the effective date of this section is hereby authorized and ratified if the request for qualifications is in a form which is consistent with this section.
(3) Following the authority's determination of the most qualified developers, the authority shall develop and distribute to those developers deemed to be most qualified a request for proposals setting forth the minimum criteria upon which the authority expects to select the most qualified developer to undertake the project. At the authority's option the request for proposals may specify that the sole or primary criteria to be used in the selection of the developer shall be price. The authority may consult with legal, financial, technical and other experts within and outside state government in the development of the request for proposals, the selection of a developer and the negotiation of a development agreement or design-build contract. Each developer may then submit to the authority a proposal in the format specified by the authority. The authority may waive any informalities in such proposals and reject any proposals if, in its sole discretion, a rejection would be in the public interest.
(4) All statements of qualifications and all proposals shall be reviewed in private and no proposal or any information contained in a proposal shall be released to a third party, other than as specified in this section, prior to execution of the development agreement or design-build contract in accordance with this section, nor shall any portion of such proposal nor any statement of qualifications submitted to the authority in response to its request for qualifications be deemed to be a public record until such development agreement or design-build contract is executed.
(5) Each proposal shall be evaluated by criteria determined by the authority and set forth in the request for proposals including, but not limited to, the proposed cost of the project and the financial benefit to the authority, the commonwealth and the regions which the facility shall serve and, at the authority's option, the reputation, industry experience and financial capacity of the developer, the proposed design of the facility, the time schedule proposed for completion of the project, local citizen and government concerns, environmental concerns relative to the project, benefits to the commuting public and such other criteria as the authority deems appropriate. The authority may request oral presentations by such proposers as it deems necessary for the purpose of understanding, clarifying and improving the terms contained in a proposal. An oral presentation shall include a written component, including minutes of the meeting in which the presentation took place, which shall be made public after the execution of the development agreement or design-build contract.
(6) The authority shall select the developer which it determines best meets the selection criteria for the benefit of the authority. If the authority selects a developer which did not submit the proposal offering the lowest overall cost, the authority shall explain the reason for the selection in writing to the joint committee on transportation not later than 5 days before the execution of the development agreement or design-build contract.
(d) The authority may enter into a binding development agreement or design-build contract with the selected developer, which development agreement or contract shall:
(1) provide for the design and construction of the project;
(2) specify a design and construction schedule with project milestones and an enforceable project completion date, subject to delays beyond the control of the developer;
(3) specify the cost of the design and construction of the project, as an aggregate total and separated into cost for each identified project segment;
(4) establish a schedule for annualized, periodic or other payments by the authority to reimburse the developer's capital outlay costs for the project, but all payments made shall be in accordance with obligations established in the development agreement or contract;
(5) describe the procedures to be utilized in the completion of design and construction of the project;
(6) identify the remaining parcels, required for railroad purposes, for the authority to obtain pursuant to the authority granted to the authority under chapter 161A of the General Laws;
(7) outline the responsibilities of the authority and the developer in obtaining any remaining environmental permits or approvals;
(8) provide for the participation of the authority and the developer in a value engineering program which shall be reviewed by the inspector general;
(9) require that the developer secure and maintain bonding and liability insurance coverage in amounts appropriate to protect the project's viability as determined by the authority;
(10) set forth the responsibilities of the authority and the developer in community outreach efforts, including the planning and scheduling of periodic community meetings in the regions to be impacted by the facility;
(11) set forth the guarantee of performance and security to be provided by the developer;
(12) specify the claims process to be utilized in the event of unforeseen circumstances during project design or construction and provide for the reimbursement to the developer for reasonable costs and expenses incurred in developing the design of the project and the construction cost estimate and in the financing of the project should the authority, for any reason, determine to terminate the development agreement or design-build contract;
(13) clarify the responsibilities of the authority and developer in responding to hazardous materials in the project's right-of-way;
(14) provide that the authority's construction inspections shall be conducted by personnel employed directly and on a full-time basis by the authority or, if such inspection is to be performed by an entity other than the authority, that such inspections be supervised by authority employees;
(15) contain minority and women business enterprise or disadvantaged business enterprise goals and minority and women workforce goals as specified by the authority in accordance with state and federal law; and
(16) require the developer's prime contractor to obtain a labor and material payment bond, in accordance with section 29 of chapter 149 of the General Laws, covering all construction, reconstruction or maintenance, including capital maintenance, work of the project and shall require the payment of prevailing wages for labor performed on the project in accordance with sections 26 to 27H, inclusive, of said chapter 149.
(e) The project shall comply with the following conditions: (1) sections 26 to 27F, inclusive, and section 29 of chapter 149 of the General Laws shall apply to all contracts for the project; and (2) all construction employees employed in the construction of the project shall be paid not less than the wage rate established for such work pursuant to a project labor agreement with the appropriate labor organization or labor organizations, which includes (i) a uniform grievance and arbitration procedure for the resolution of work-related disputes on job sites; (ii) mutually agreeable uniform work rules and schedules for the project; and (iii) an obligation for a labor organization and its constituent members not to strike with respect to work on such project; provided, however, that it shall not be a precondition to the award of a contract or development agreement that a proposer or developer has previously entered into a collective bargaining agreement with a labor organization, but only that the proposer or developer shall be willing to execute and comply with the project labor agreement for the designated project if it is awarded a development agreement or design-build contract for the project.
(f) The authority may, through the adoption of a project procedure manual, delegate any of the powers conferred on it by this section to the general manager of the authority or his designee; provided, however, that in no event shall the authority delegate the power to award the development agreement or design-build contract which power is exclusively vested in the board of directors of the authority.
(g) Notwithstanding chapters 7, 30 and 149 of the General Laws or any other general or special law to the contrary regarding procurement practices, the developer shall, in its sole discretion and in accordance with its own procurement practices and sound business judgment, determine the qualifications and selection of its own consultants, engineers, designers, architects, lawyers, contractors, materials suppliers and other persons or entities employed in connection with the project. The developer shall remain subject to all applicable anti-discrimination laws including, but not limited to, chapter 151B of the General Laws.
(h) The authority may exercise, on its own behalf and on behalf of the developer, any power possessed by it to facilitate the development, construction, financing, operation and maintenance of the facility.
(i) Notwithstanding any general or special law to the contrary, the authority may acquire land of the commonwealth or any city or town within the commonwealth, either by voluntary transfer or by eminent domain under chapter 79 of the General Laws and such additional properties as the authority may determine to be necessary for designing, constructing, equipping and operating a commuter rail line from the South Station area of the city of Boston, by extending the authority's existing Stoughton line along existing railroad right-of-way in part and along a new alignment in part, through the communities of Stoughton, Easton, Raynham, Taunton, Berkley, Freetown, Lakeville, Fall River and New Bedford, all as substantially described in the Draft Environmental Impact Report (EOEA File Number 10509) filed with the Massachusetts Environmental Policy Act Unit, a notice of which was published in the Environmental Monitor on August 10, 1999 or any final environmental impact report; provided further, 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 Stoughton, Easton, Taunton and Raynham for property owners in said municipalities whose properties 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 plan 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. In making such determination, the authority may use, without limitation, the properties proposed for the right-of-way as set forth in the draft environmental impact report and which are presently being used for park and open space properties.
(j) The authority shall file quarterly reports with the house and senate committees on way and means, the joint committee on transportation and the house and senate clerks on the status of the project. Within 3 months of completion of construction of the project, the authority shall file with said committees and clerks a report detailing the actual costs incurred by the developer in the design and construction of the project.
(k) In recognition of the benefit of the project to the commonwealth, the secretary of administration and finance, on behalf of the commonwealth, shall, with the concurrence of the secretary, enter into a contract with the authority providing for payments by the commonwealth to the authority equal to the cost of the debt service on the bonds issued by the authority to finance or refinance the project and related expenses. The issuance of such bonds, the maturities, which shall not exceed 40 years, and other details thereof, the rights of the holders thereof and the rights, duties and obligations of the authority with respect thereto shall be governed by chapter 161A which relate to the issuance of bonds, insofar as they may be appropriate therefor. The term of such agreement shall not exceed the final maturity of the bonds. The agreement shall provide that the secretary of administration and finance shall, for each year in which the bonds are outstanding, include in the governor's annual budget recommendation to the general court, an amount equal to all amounts due and payable in connection with the bonds for such year. The commonwealth's obligation to make payments under such contract shall be subject to annual appropriation by the general court.
SECTION 54. The Massachusetts highway department shall assume administration of state route 140 from the Gardner/Winchendon town line northerly to the intersection with Teel road.
SECTION 55.
All appointments made by the commissioner of highways and
the
commissioner of the metropolitan district commission for construction
inspection,
engineering or related professional positions as authorized by this act and
subparagraphs (2) and (3) of paragraph c of section 2 of
chapter 811 of the acts
of 1985, section 143 f chapter 33 of the acts of 1991, section 29 of
chapter 102 of
the acts of 1994, section 55 of chapter 273 of the acts of 1994 and
chapter 235 of the
acts of 2000 shall be employees who meet at least the minimum qualifications as
established for the position by the personnel administrator and all such
appointments shall be made in accordance with applicable collective bargaining
agreements.
On or after the effective date of this act, all appointments made to civil
engineering titles CE II, CE III, CE IV, CE V OR CE VI by the commissioner of
highways and the commissioner of the metropolitan district commission, shall
be in accordance with chapter 31 of the General Laws.
[This section was vetoed by the Acting Governor - see Veto Message -
Senate, No. 2468]
SECTION 56. Notwithstanding any general or special law to the contrary, the division of personnel administration shall conduct a classification study of the employees of the Wood's Hole, Martha's Vineyard and Nantucket Steamship Authority pursuant to section 45 of chapter 30 of the General Laws; provided however, that the study shall summarize the various employee classifications, the nature of their duties and responsibilities and the total number of employees in each classification by gender and their respective salaries and shall evaluate whether the salary and benefits for male and female employees in comparable positions who, in the opinion of the personnel administrator are doing the same type of work with the same preparation and training are equal. The personnel administrator shall file the report of the study with the house and senate committees on ways and means and the joint committee on public service within 60 days after the effective date of this act. The Steamship Authority shall, within 30 days after the filing of the personnel administrator's report, file a report with said committees describing actions taken by the steamship authority as a result of the study.
SECTION 57. The Massachusetts Port Authority shall conduct a feasibility study of implementing a 50 cent toll discount for participants in the FAST LANE program, so-called, on the Maurice J. Tobin Memorial Bridge; provided further, that as part of said study the Massachusetts Port Authority shall hold a public hearing the time and location of which shall be determined by the Authority; provided however, that such public hearing be held within 45 days after the effective date of this act; provided further, that such public hearing be held in one of the following communities: Chelsea, Everett, Lynn, Malden, Melrose, Revere, Saugus or Winthrop, and; provided further, that comments from such public hearing be addressed by the Authority and its responses incorporated into the feasibility study authorized in this section.
Said Authority shall provide a report of its findings, including responses to public comments, to the Speaker of the House of Representatives, President of the Senate, Chairman of the House Committee on Ways and Means, Chairman of the Senate Committee on Ways and Means, Chairman of the Joint Committee on Transportation, Clerk of the House of Representatives and Clerk of the Senate 60 days after the effective date of this act.
SECTION 58.
There shall be a special commission to study the
feasibility of
transferring ownership, or operation and maintenance, of the Ted Williams
Tunnel
from the Massachusetts Turnpike Authority, in this section called MassPike,
to
the Massachusetts Port Authority, in this section called Massport, in return
for
Massport's assuming the debt service on the MassPike bonds secured by the
Tunnel's tolls and for Massport's making an additional payment to MassPike
or the commonwealth to assist in paying the cost of the Central Artery/Tunnel
project.
The commission shall consist of the secretaries of administration and finance and
of transportation and construction, the chairman of MassPike, the chairman of
Massport, and the attorney general, or their designees, and 2 persons appointed
by the governor, 1 of whom is expert in public finance and toll-backed debt
issuance, and 1 of whom is expert in tunnel maintenance and management.
The commission shall include in its study the amount of the
additional payment by Massport, possible additional revenue sources for Massport
to defray this payment, and meeting any legal concerns identified by the attorney
general.
The commission shall report its findings and recommendations, including
draft legislation if any, to the joint committee on transportation and the house
and senate committees on ways and means not later than December 31, 2002 .[This section was vetoed by the Acting Governor -
see Veto Message - Senate,
No. 2468]
SECTION 59. There shall be established a special advisory commission on multimodal transportation improvements to the Massachusetts Bay Transit Association line corridor in the city of Fitchburg to consist of 3 members of the senate, 3 members of the house of representatives, the secretary of transportation and construction or his designee, the general manager of the Massachusetts Bay Transportation Authority or his designee, the commissioner of highways or his designee, the president of Massachusetts Development Finance Corporation or his designee, the executive director of the metropolitan area planning commission or his designee, the executive director of the Montachusett regional planning commission or his designee, the land use administrator or director of the Devens Enterprise Commission or his designee, a representative from the Massachusetts Municipal Association, a representative from an environmental interest group, a representative from the minuteman area group on interlocal coordination sub-region, a representative from the Montachusett Regional Transit Authority, 3 representatives from separate chambers of commerce within the Fitchburg commuter rail line service area and 4 representatives from municipalities primarily serviced by the Massachusetts Bay Transportation Authority commuter rail line in the city of Fitchburg, 2 of whom shall be appointed by the metropolitan area planning council and 2 of whom shall be appointed by the Montachusett regional planning commission for the purpose of promoting and facilitating interlocal and interregional cooperation and to investigate, propose, evaluate and vote on recommendations to the executive office of transportation and construction on the need for transportation improvements, enhancements and alternatives for the municipalities and the regions serviced by the Massachusetts Bay Transportation Authority commuter rail line in the city of Fitchburg.
SECTION 60. A special commission is hereby established for
the purpose of making an investigation and study of the safety of the commonwealth's
crosswalks and to make recommendations to promote the improvement thereof. Said
investigation shall include, but not be limited to, the frequency at crosswalks
of irregular pavement markings, inadequate lighting, intrusive vegetation, poles
or parked cars, missing stop signs or inoperative or defective traffic signals,
traffic signals that do not allow a reasonable amount of time for pedestrians
to cross, and moving violations, including speeding and red light violations.
Said study also shall examine, without limitation, whether a more uniform system
of pavement markings that graphically delineate the boundaries of the crosswalk
may improve motorist recognition of crosswalks, police enforcement of pedestrian
and motor vehicle right-of-way laws and speed limits, especially around schools
and playgrounds, may be improved and whether placement of cameras at dangerous
intersections may help police enforce traffic safety laws. Said commission shall
also consider whether construction of more sidewalks and bicycle paths may promote
separation of motor vehicles and pedestrians, as well as whether speed bumps,
"Children at Play" signs or similar devices may reduce average motor vehicle
speeds in residential neighborhoods, and whether driver education courses should
include pedestrian-awareness training. Said commission shall consist of: three
members of the senate to be appointed by the senate president, one of whom shall
be the chairman of the joint committee on transportation or designee, who shall
serve as co-chair of the commission, and one of whom shall be the chairman of
the joint committee on public safety; three members of the house of representatives
to be appointed by the speaker of the house, one of whom shall be the chairman
of the joint committee on transportation or designee, who shall serve as co-chair
of the commission, and one of whom shall be the chairman of the joint committee
on public safety; the secretary of the executive office of transportation and
construction or designee, the secretary of the executive office of public safety
or designee; and three persons to be appointed by the governor, one of whom
shall be a representative of the Massachusetts municipal association, and one
of whom shall be a member of private industry who shall represent insurance
providers and one person upon the recommendation of Walk Boston. Said commission
shall report to the general court the results of its investigation and study,
and its recommendations, together with drafts of legislation necessary to carry
its recommendations into effect, by filing the same with the clerk of the house
of representatives and the clerk of the senate within six months of the effective
date of this act.[This section was vetoed by the Acting Governor -
see Veto Message - Senate,
No. 2468]
SECTION 61. The executive office of transportation and construction shall submit to the joint committee on transportation and the committees on house and senate ways and means not later than January 1, 2003, the findings of the feasibility study conducted to determine the viability of commuter water shuttle service from the city of Lynn and its surrounding coastal sites to the city of Boston.