HOUSE DOCKET, NO. 94047        FILED ON: 7/22/2009

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4047

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act Text of an amendment recommended by the committee on House Ways and Means to the Senate Bill modernizing the transportation systems of the Commonwealth.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

) 99.85 percent shall be credited to the Commonwealth Transportation Fund to be used for transportation-related purposes; and (ii) 0.15 percent shall be credited to the Inland Fisheries and Game Fund, established by section 2C of chapter 131.

SECTION 58. Section 5 of chapter 64E of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 8, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 59.  Chapter 64E is hereby amended by striking out section 13 and inserting in place thereof the following section:-

Section 13. All sums received under this chapter as excises, penalties, forfeitures, interest, costs of suits and fines shall be credited to the Commonwealth Transportation Fund to be used for transportation-related purposes.

SECTION 60. Section 3 of chapter 64F of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 10, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 61..  Chapter 64F is hereby amended by striking out section 14 and inserting in place thereof the following section:-

Section 14. All sums received under this chapter as excises, penalties, forfeitures, interest, costs of suits and fines shall be credited to the Commonwealth Transportation Fund to be used for transportation-related purposes. 

SECTION 62. Section 25A of chapter 64H of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the word “commission” and inserting in place thereof the following word:- division

SECTION 63.. Section 26A of chapter 64I of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the word “commission” and inserting in place thereof the following word:- division

SECTION 64.. Section 1 of chapter 81 of the General Laws, as so appearing, is hereby further amended by striking out, in line 1, the word “department” and inserting in place thereof the following word:- division

SECTION 65..  Chapter 81A of the General Laws is hereby repealed.

SECTION 66. Section 7A of chapter 85 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 34, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 67.. Section 1 of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 57 the second time it appears, the word “department” and inserting in place thereof the following word: division

SECTION 68. Section 1A of chapter 90 of the General Laws, as amended by chapter 303 of the acts of 2008, is hereby amended by striking out, in the first paragraph, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 69. Section 7A of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out, in line 94, the words “Highway Fund” and inserting in place thereof the following words:-  Massachusetts Transportation, established under section 2ZZZ of chapter 29 of the General Laws.

SECTION 70.  Section 20G of said chapter 90, is hereby amended by striking out, in line 2, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 71. Said chapter 90 of the General Laws, as so appearing, is hereby further amended by striking out section 34 and inserting in place thereof the following section:-

Section 34. The fees received under the preceding sections, together with all other fees received by the registrar or any other person under the laws of the commonwealth relating to the use and operation of motor vehicles and trailers shall be disposed of as follows: (i) an amount equal to the costs associated with the administration and enforcement of laws relative to the use and operation of motor vehicles and trailers and the operation of the division of motor vehicles shall be deposited into the General Fund; (ii) $2 from every motorcycle registration issued pursuant to section 2 shall be deposited into the General Fund and used solely for the purpose of promoting and advancing motorcycle safety; (iii) all fees from the issuance of veterans plates pursuant to section 2, in excess of the fees set for the registration of the motor vehicle, shall be deposited into the General Fund; and (iv) any amount remaining after compliance with clause (i), (ii) and (iii) shall be deposited into the Commonwealth Transportation Fund established pursuant to section 2ZZZ of chapter 29.

SECTION 72. Section 34½ of chapter 90 is hereby repealed.

SECTION 73. Section 35 of said chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in line 74 the second time it appears, the word “commission” and inserting in place thereof the word:- division

SECTION 74. Said section 35 of said chapter 90 of the General Laws, as so appearing, is hereby further amended by striking out, in lines 75 to 76, inclusive, the words “the director of aeronautics employed by the commission” and inserting in place thereof the following words: the undersecretary for aeronautics

SECTION 75. Section 50 of said chapter 90 of the General Laws, as so appearing, is hereby further amended by striking out, in line 5, the words “chairman of the commission” and inserting in place thereof the following words:- undersecretary for aeronautics

SECTION 76. Section 1 of chapter 90C of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out in line 59, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 77. Section 1 of chapter 90E of the General Laws, as so appearing, is hereby amended by striking out, in line 16 the second time it appears, the word “department” and inserting in place thereof the following word: division

SECTION 78. Said section 1 of said chapter 90E of the General Laws, as so appearing, is hereby further amended by striking out, in line 17 the second time they appear, the words “commissioner of” and inserting in place thereof the following words: undersecretary for

SECTION 79. Section 1 of chapter 90H of the General Laws, as so appearing, is hereby amended by striking out, in line 4 the second time it appears, the word “department” and inserting in place thereof the following word: division

SECTION 80. Said section 1 of said chapter 90H of the General Laws, as so appearing, is hereby further amended by striking out, in line 5 the second time they appear, the words “commissioner of” and inserting in place thereof the following words: undersecretary for

SECTION 81. Section 35 of chapter 92 of the General Laws, as so appearing, is hereby amended by inserting after the word “control.”, in line 11, the following words:- The commission shall submit its plans for any such connection to the secretary of transportation and the undersecretary for highways so that it may be included in their capital plans.

SECTION 82. Section 251 of chapter 112 of the General Laws, as inserted by chapter 232 of the acts of 2008, is hereby amended by striking out the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 83. Section 1A of chapter 119A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out in line 82, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 84. Section 40A of chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in line 95, the word “commission” and inserting in place thereof the following words:- division

SECTION 85. Section 45 of said chapter 131 of the General Laws, as so appearing, is hereby amended by striking out, in line 36, the word “commission” and inserting in place thereof the following words:- division

SECTION 86. Section 21 of chapter 142 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out in line 5, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 87. Section 3A of chapter 143 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out in line 27, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 88. Section 94 of said chapter 143, is hereby amended by striking out, in line 10, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 89. Section 25C of chapter 152 of the General Laws, as amended by chapter 303 of the acts of 2008, is hereby amended by striking out the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 90. Section 73 of said chapter 152, is hereby amended by striking out in line 5, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 91. Section 73 of chapter 152 of the General Laws, as so appearing, is hereby amended by inserting after the first sentence, the following new sentence:-  Notwithstanding the provisions of any general or special law to the contrary, any present and former Massachusetts bay transportation authority employee or retiree entitled to compensation under section 31, 34, 34A, 35, 35A or 36 and who is also entitled to a pension by reason of the same injury shall elect whether he will receive such compensation or such pension, and shall not receive both, except in the manner and to the extent provided by section 14 of chapter 32; provided, further, that the requirement to make said election shall apply to all former Massachusetts bay transportation authority employees or retirees presently receiving or entitled to receive benefits under section 31, 34, 34A, 35, 35A or 36 and who are also receiving or entitled to a pension by reason of the same injury.

SECTION 92. Said section 73 of said chapter 152 of the General Laws, as so appearing, is hereby further amended by striking out, in line 9, the words “any police officer of”

SECTION 92A. [Tech change MTA] Section 1 of chapter 159A of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out in line 12, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 93. Section 1 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in line 16, the words “executive office of transportation and construction” and inserting in place thereof the following words:- Massachusetts transit division within the department of transportation

SECTION 94. Said section 1 of said chapter 161A of the General Laws, as so appearing, is hereby further amended by striking out, in lines 102 to 103, inclusive, the words “secretary of the executive office of transportation and construction” and inserting in place thereof the following words:- the undersecretary of transportation for mass transit within the department of transportation

SECTION 95. Section 3 of chapter 161A of the General Laws, as so appearing, is hereby amended by striking out, in lines 12 to 16, inclusive, the following words:- ; provided, however, the authority may bind itself by contract to employ not more than five senior officers but no such contract shall be for a period of more than five years.

SECTION 96. Chapter 161A of the General Laws, as so appearing, is hereby amended by striking out section 7 and replacing it with the following section:-

Section 7. The authority shall be governed and its corporate powers exercised by a board of directors. The authority shall consist of the governor, who shall serve as chairperson, and 4 additional members appointed by the governor for a term of 3 years, 2 of whom shall be experts in the field of public or private transportation finance; 1 of whom shall have practical experience in transportation planning and policy; and 1 of whom shall be a registered civil engineer with at least 10 years experience. Any person appointed to fill a vacancy in the office of a member of the board shall be appointed in a like manner and shall serve for only the unexpired term of such member. Any member shall be eligible for reappointment. Any member may be removed from his appointment by the governor for cause. The Governor may appoint a designee pursuant to section 6A of chapter 30. A majority of the directors shall constitute a quorum, which shall be required to take any particular action. The directors shall meet monthly, provided that said meeting shall occur no later than the fifteenth day of the month. Each meeting shall provide a sufficient opportunity for public comment.

SECTION 97. Section 13 of said chapter 161A, as so appearing in, is hereby amended by striking out the last paragraph of clause (4) of subsection (a).

SECTION 98. Section 20 of said chapter 161A, as so appearing, is hereby amended by striking out, in line 2, the words “March 1” and inserting in place thereof the following words:- March 15

SECTION 99. Said section 20 of said chapter 161A, as so appearing, is hereby further amended by striking out, in line 4, the words “March 15” and inserting in place thereof the following words:- April 15

SECTION 100. Section 38 of said chapter 161A, as so appearing, is hereby amended by striking out, in lines 4 to 5, the words “to the same extent as though the authority were a street railway company”

SECTION 101. Said Section 38 of said chapter 161A, as so appearing, is hereby further amended by striking out the second paragraph.

SECTION 102. Section 43 of said chapter 161A, as so appearing, is hereby amended by striking out, in line 7, the words “not less than”

SECTION 103. Said section 43 of said chapter 161A, as so appearing, is hereby further amended by striking out the second paragraph, and inserting in place thereof the following paragraph:-

For the purposes of this section, the term “railroad” shall include any person, railroad corporation or other legal entity in the business of providing rail transportation which contracts or enters into a legal agreement with the Massachusetts Bay Transportation Authority for the provision or accommodation of commuter rail services. For the purposes of this section, the term “commuter rail services” shall include all services performed by a railroad pursuant to a contract or any other agreement with the Massachusetts Bay Transportation Authority in connection with the transportation of rail passengers including, but not limited to, the operation of trains, trackage and equipment, or the construction, reconstruction or maintenance of railroad equipment, tracks and any appurtenant facilities or the provision of trackage rights over lines owned by any such railroad.

SECTION 104. Section 1 of chapter 161B of the General Laws, as so appearing, is hereby amended by striking out, in line 8, the words “executive office of transportation and construction” and inserting in place thereof the following words:- Massachusetts transit division within the department of transportation

SECTION 105. Said section 1 of said chapter 161B of the General Laws, as so appearing, is hereby further amended by striking out, in lines 37 to 38, inclusive, the words “secretary of the executive office of transportation and construction” and inserting in place thereof the following words:- the undersecretary of transportation for mass transit within the department of transportation

SECTION 106. Section 1 of chapter 161C of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 to 5, inclusive, the words “executive office of transportation and construction established under chapter six A” and inserting in place thereof the following words:- Massachusetts transit division within the department of transportation

SECTION 107. Said section 1 of said chapter 161C of the General Laws, as so appearing, is hereby further amended by striking out, in lines 19 to 20, inclusive, the words “secretary of the executive office of transportation and construction established under chapter six A” and inserting in place thereof the following words:- the undersecretary of transportation for mass transit within the department of transportation

SECTION 108. Section 2 of chapter 161D of the General Laws, as so appearing, is hereby amended by striking out, in lines 4 to 5, inclusive, the words “executive office of transportation and construction” and inserting in place thereof the following words:- Massachusetts transit division within the department of transportation

SECTION 109. Said section 2 of said chapter 161D of the General Laws, as so appearing, is hereby further amended by striking out, in lines 15 to 16, inclusive, the words “secretary of the executive office of transportation and construction” and inserting in place thereof the following words:- the undersecretary of transportation for mass transit within the department of transportation

SECTION110. Section 1 of chapter 218 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out in line 243, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 111. Section 1 of chapter 258 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out in line 52, the words “Turnpike Authority” and inserting in place thereof the following words:- Transportation and Infrastructure Authority

SECTION 112. Section 1 of chapter 258 of the General Laws, as so appearing, is hereby further amended by inserting after the word at the end thereof the following paragraph:-

“Serious bodily injury”, bodily injury which results in a permanent disfigurement, or loss or impairment of a bodily function, limb, or organ.

SECTION 113. Section 1 of said chapter 258 of the General Laws, as so appearing, is hereby further amended by inserting after the word “including,”, in line 40, the following words:- the Massachusetts Transportation and Infrastructure Authority, the Massachusetts bay transportation authority, any duly constituted regional transit authority, and the Massachusetts Turnpike Authority

SECTION 114. Said section 1 of chapter 258 of the General Laws, as so appearing, is hereby amended by striking out, in lines 50 to 52, inclusive, the words “the Massachusetts Bay Transportation Authority, the Massachusetts Port Authority, the Massachusetts Turnpike Authority” and inserting in place thereof the following words:- the Massachusetts Port Authority

SECTION 115. Section 10 of said chapter 258 of the General Laws, as so appearing, is hereby amended by inserting after subsection (j) the following new subsection:-

(k) any claim against the Massachusetts Bay Transportation Authority for a serious bodily injury

SECTION 116. Section 8 of chapter 268A of the General Laws, as so appearing, is hereby amended by inserting after the word “bonds” as it appears in line 13, the following:- ; provided, further, that this section shall not prohibit any state, county or municipal employee or any person acting on behalf of such employee, or any state, county or municipal agency, with respect to any public building or construction project, from evaluating and implementing an owner controlled insurance program, so called, where such evaluation has resulted in a determination that implementation of an owner controlled insurance program as a risk management tool associated with the public building or construction contract is in the best interests of the state, county, or municipality issuing and responsible for the public building or construction contract.

SECTION 117 . Section 1 of chapter 465 of the acts of 1956 is hereby amended by inserting after subsection (a) the following new subsection:-

(aa) The words advisory board shall mean the advisory board established pursuant to section 36 of this act.

SECTION 118.  Said chapter 465 of the acts of 1956 is hereby further amended by inserting at the end thereof the following section:-

Section 36.  (a) There shall be an advisory board to the authority consisting of a voting representative of each of the following cities and towns:  Braintree, Bedford, Brookline, Cambridge, Chelsea, Cohasset, Concord, Everett, Hingham, Hull, Lexington, Lincoln, Malden, Melrose, Medford, Milton, Nahant, Quincy, Revere, Somerville, Weymouth, and Winthrop; provided further, that the city of Boston shall have 7 voting representatives, 1 of whom shall be a resident of the Beacon Hill or South End sections of the city of Boston, 1 of whom shall be a resident of the East Boston section of the city of Boston, 1 of whom shall be a resident of the Dorchester or Roxbury sections of the city of Boston, 1 of whom shall be a resident of the Charlestown section of Boston, 1 of whom shall be a resident of the South Boston section of the city of Boston, 1 of whom shall be a resident of the Roslindale or Hyde Park sections of the city of Boston, and 1 of whom shall be a resident of the West Roxbury or Jamaica Plain sections of the city of Boston. The members of the advisory board shall consist of the chief executive officer thereof; provided however, that any chief executive officer, by writing filed with the authority, may appoint a permanent designee to serve in his stead as a member of said advisory board until the expiration of each term of office of the designating chief executive officer or the earlier vacancy of the office of the designating chief executive officer; provided further, that if the chief executive officer of the city of Boston opts to serve as the representative for the city of Boston to the advisory board, he shall be deemed to represent the forgoing sections of the city of Boston; provided further that a permanent designee shall be versed in at least one of the following three disciplines:  environmental affairs, community/airport relations or public health.  For the purpose of this section, the term “chief executive officer” shall mean the person designated as the chief executive officer under the provisions of a local charter or laws having the force of a charter, and otherwise the mayor in every city and the chairman of the board of selectmen or president of the town council, as the case may be, in every town.

(b) Except as otherwise prescribed in this section, each voting representative shall cast 1 vote on the advisory board.  Each voting representative of the several sections of the city of Boston as listed in paragraph (a) shall cast 1 vote.  Wherein the chief executive officer of the city of Boston shall opt to serve as the representative to the advisory board for the city of Boston, he shall cast 7 votes.

(c) Said advisory board may act at a regular periodic meeting called in accordance with its by-laws; or at a special meeting called by the authority; or if a majority of board members choose to do so.  Except as specially provided in paragraph (f), a quorum of the advisory board shall consist of a simple majority of voting members present, and the advisory board may act, except as otherwise provided in paragraph (f), by affirmative casting of a majority of the votes represented in the quorum.  The advisory board shall be deemed to be a governing body for the purposes of, and shall be subject to, section 11A½ of chapter 30A of the General Laws.

(d) For the conduct of its business said advisory board shall adopt.  Said advisory board shall annually elect a chairperson, a vice-chairperson, a secretary and such officers as said advisory board might determine.  Each officer may be removed by a two-thirds vote of the advisory board without cause.  In the event of a vacancy, said board shall fill the vacancy for the unexpired term.  Each member of said advisory board shall serve without compensation but may be reimbursed, as an expense of said advisory board, for all reasonable expenses incurred in the performance of his duties as approved by the advisory board.

(e) The advisory board shall without limitation: (i) make recommendations to the authority on annual current expense expenditure budgets submitted to the advisory board under paragraph (j); (ii) hold hearings, which may be held jointly with the authority at the discretion of the advisory board and said authority, on matters relating to said authority; (iii) review the annual report of the authority and to prepare comments thereon to the authority and the governor, and to make such examinations of the reports on the authority’s records and affairs as the advisory board deems appropriate; and (iv) make recommendations to the governor and the general court respecting the authority and its programs. The advisory board shall have all powers necessary or convenient to carry out and effectuate the foregoing purposes.

(f) Within 30 days of receiving any proposed current expense budget of the authority or within 15 days of receiving any proposed amended expense budget of the authority, the advisory board shall hold a public hearing on matters relating to said budget for the purpose of ascertaining, for subsequent report to the authority if necessary, the views of the public thereon.

(g) The advisory board shall appoint an ombudsman who, with the assistance from such staff and consultants as the advisory board may authorize and appoint, shall act for and in the name of the advisory board in the following respects: (i) preparation of analysis for the advisory board of the authority’s current expense budgets, capital expenditure budgets and capital programs and their effect on the charges of said authority; (ii) representation of the advisory board to said authority on all matters pertaining to said authority’s programs, operations, finances and charges; (iii) reporting regularly to the advisory board on the activities of the ombudsman and other staff of the advisory board, on the affairs of the Authority, and on the effect of the authority’s program and operations on residents of neighboring communities; (iv) exercising such other duties and responsibilities consistent with the powers of the advisory board as the advisory board may assign from time to time.

(h) The advisory board may incur annual expenses, not to exceed $500,000 for expenses authorized under paragraph (c) and for personnel and office expenses. Said annual expenses shall be paid by the authority.

(i) The authority shall provide any information, including but not limited to, annual current expense expenditure budgets and capital expenditure reports, requested by the advisory board which are necessary for the discharge of its duties; provided however, that the advisory board shall not be granted access to any information if it be determined by the executive director of the authority and the director of security for the authority that the release of such information would be detrimental to public safety;  provided further, that said determination shall be made in writing and said writing shall be delivered to the advisory board within two days; and, provided further, that said writing shall be signed by the executive director and director of security of said authority under pains and penalties of perjury.

SECTION 119. Section 2 of chapter 634 of the acts of 1971, as most recently amended by section 1 of chapter 364 of the acts of 1990, is hereby amended by striking out the second paragraph, and inserting in place thereof the following paragraph:-

Following acquisition of said bridges by the department, said department shall, in its sole discretion, furnish or otherwise provide for the necessary flag protection on the railroad rights-of-way of the Massachusetts bay transportation authority, which may be required when the department is performing inspection, maintenance and repair, reconstruction, or replacement of any such bridges.

SECTION 120. Subsection (c) of section 83 of chapter 4 of the acts of 2003, as most recently amended by section 8 of chapter 228 of the acts of 2007, is hereby amended by striking out the words “Central Artery and Statewide Road and Bridge Infrastructure Fund established under section 63 of chapter 10 of the General Laws” and inserting in place thereof the following words Massachusetts Transportation and Infrastructure Fund established pursuant to section 4 of chapter 6C

SECTION 121.  (a) Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Transportation and Infrastructure Authority and the Massachusetts turnpike authority are hereby authorized and directed to develop and implement a transfer agreement providing for the orderly transfer and provisional appointment of personnel from the turnpike authority to the Massachusetts Transportation and Infrastructure Authority consistent with the provisions contained herein as well as the transfer of all assets, liabilities, obligations, and debt of said authority to Massachusetts Transportation and Infrastructure Authority not later than July 1, 2010; provided, further, that said transfer should be effectuated upon a vote by the Massachusetts Transportation and Infrastructure Authority to assume responsibility for  the liabilities, obligations and debts of the former turnpike authority. Upon the assumption of the outstanding liabilities, obligations, and debt of the authority by the Massachusetts Transportation and Infrastructure Authority, said authority shall be dissolved and, without further conveyance or other act, all the assets, liabilities, obligations and debt as well as all rights, powers and duties of the authority shall be transferred to and assumed by Massachusetts Transportation and Infrastructure Authority. Unless specifically provided to the contrary, the terms “turnpike,” “Ted Williams tunnel,” “Sumner tunnel,” and “metropolitan highway system” as used in this section, and elsewhere in this act, shall have the meanings ascribed to them in chapter 81A of the General Laws.

(b) On the date the authority is dissolved, but not later than July 1, 2010: (i) ownership, possession, and control of all personal property, including, but without limitation, all equipment, books, maps, papers, plans, records and documents of whatever description pertaining to the design, construction, use, operation, and general affairs of the turnpike and metropolitan highway system which are in the possession of the Massachusetts turnpike authority or any division, unit, officer or employee thereof shall pass to and be vested in the Massachusetts Transportation and Infrastructure Authority without consideration or further evidence of transfer and shall thereafter be in the possession and control of the highway division; (ii) ownership, possession, and control of all real property, including, without limitation, all land, buildings, highways, bridges, tunnels and other highway elements of whatever description that are owned by the Massachusetts turnpike authority or any division or unit thereof shall pass to and be vested in the Massachusetts Transportation and Infrastructure Authority without consideration or further evidence of transfer and shall thereafter be a part of the state highway system under the possession and control of the highway division; provided, however, that prior to such dissolution, the Massachusetts Turnpike Authority shall be authorized to transfer, for nominal consideration, to the Massachusetts bay transportation authority, all of its right title and interest in the land, track and other property comprising the rail line and right of way extending from the south bay section of the city of Boston to the city of Newton; provided, further, that the authority shall retain any portion of or interest in such rail line and right of way deemed by the authority or the highway division, with the approval of the Massachusetts Transportation and Infrastructure Authority, to be necessary for the operation of the turnpike or the metropolitan highway system; and (iii) all duly existing contracts, leases, or obligations of the Massachusetts turnpike authority with respect to the turnpike or metropolitan highway system which remain in force immediately prior to the effective date of the dissolution of the authority, shall be deemed to be the obligations of the Massachusetts Transportation and Infrastructure Authority. No existing right or remedy under this section shall be lost, impaired or affected by the provisions of this act. The Massachusetts Transportation and Infrastructure Authority shall have authority to exercise all rights and enjoy all interests conferred upon the Massachusetts turnpike authority by said contracts, leases, or obligations. In the case of collective bargaining agreements, any obligations under said agreements shall expire on the stated date of expiration of such agreements.

(c) The transfer of the assets, liabilities, obligations, and debt of the Massachusetts turnpike authority to the department under this act shall be effective upon dissolution of said authority and shall bind all persons, with or without notice and without any further action or documentation. Without derogating from the foregoing, the department of transportation may, from time to time, execute and record and file for registration with any registry of deeds or the land court or with the secretary of the commonwealth, as appropriate, a certificate confirming the commonwealth’s ownership of any interest in real or personal property formerly held by the Massachusetts turnpike authority and transferred pursuant to the provisions of this act and establishing and confirming the limits of state highway so transferred.

(d) The provisions of this act shall not limit or impair the rights, remedies, or defenses of the commonwealth, the department of transportation, or the Massachusetts turnpike authority in or to any such action including, without limitation, the provisions of section 18 of chapter 81 and chapter 258. All actions or proceedings shall be subject to the provisions of said section 18 of chapter 81 and chapter 258. Except as expressly excepted by the previous sentence, actions and proceedings against or on behalf of the Massachusetts turnpike authority shall continue unabated and, from and after the date of dissolution of the authority, may be completed against or by the department of transportation.

SECTION 122. Notwithstanding any general or special law to the contrary, any order, rule, or regulation duly promulgated, or any license, permit, certificate or approval duly granted, by or on behalf of the Massachusetts turnpike authority shall continue in effect from and after the date of dissolution of the authority and shall be enforced by the department of transportation until superseded, revised, rescinded or cancelled by the department of transportation.

SECTION 123. Notwithstanding any general or special law to the contrary, the department shall, in consultation with the Federal Highway Administration, inventory the requirements for, and assume the responsibilities of, rehabilitating and reconstructing the turnpike and metropolitan highway system in compliance with Title 23 of the United States Code. Said inventory shall include operational and safety considerations associated with direct access to the mainline roadway from (i) maintenance, administration, and state police facilities, (ii) emergency median crossovers, and (iii) adjacent local roadways and service plazas.

SECTION 124. Notwithstanding any general or special law to the contrary, the terms and conditions of any collective bargaining agreement entered into by the Massachusetts turnpike authority and in effect as of July 1, 2010 with respect to employees of said Massachusetts turnpike authority, shall continue in effect until the stated expiration date of such agreement, at which point the agreement shall expire.

The personnel administrator of the commonwealth, in consultation with the Massachusetts department of transportation, shall complete a study of job titles in the former Massachusetts turnpike authority. The personnel administrator, in consultation with said department, shall determine the appropriate commonwealth job titles for former employees of the authority transferred to the department. Employees transferred to the department shall be placed in job titles as determined by the personnel administrator, and shall be paid wages and receive benefits consistent with the commonwealth bargaining unit contract governing such job title. Employees not transferred to the department shall be released pursuant to the provisions of any applicable collective bargaining agreement or authority policy in place as of April 1, 2009. 

SECTION 125. Notwithstanding any general or special law to the contrary, upon the effective date of section 124 of this act the Massachusetts Transportation and Infrastructure Authority established pursuant to chapter 6C shall be the successor to the financial obligations of the Massachusetts Turnpike Authority and shall be deemed to have assumed, without any further action, all rights, duties and obligations of the Massachusetts Turnpike Authority in effect as of said date. Notwithstanding the foregoing, no existing rights of the holders of the bonds issued by the Massachusetts turnpike authority under chapter 81A of the General Laws shall be impaired hereby, and the Authority, as successor in interest to the Massachusetts turnpike authority, shall maintain the covenants of the trust indentures pertaining to such bonds so long as such bonds shall remain outstanding.

SECTION 126. (a) Notwithstanding the provisions of any general or special law to the contrary, employees of the Massachusetts turnpike authority who become state employees under this act and who are eligible for group insurance coverage pursuant to chapter 32A of the General Laws shall receive the full extent of benefits provided to existing state employees. Said employees shall cease to be eligible or insured by the authority. The group insurance commission, hereinafter referred to as the commission, shall provide uninterrupted coverage for group life and accidental death and dismemberment insurance and group general or blanket insurance providing hospital, surgical, medical, dental, and other health insurance benefits pursuant to said chapter 32A.

(b) Notwithstanding the provisions of any general or special law to the contrary, retired employees of the Massachusetts turnpike authority and the surviving spouses of active or retired authority employees who are eligible for group insurance coverage pursuant to this section and said chapter 32A shall have said eligibility and coverage transferred to the commission and shall receive the full extent of benefits provided to existing state employees. Said persons shall cease to be eligible or insured by the authority. The commission shall provide uninterrupted coverage for group life and accidental death and dismemberment insurance and group general or blanket insurance providing hospital, surgical, medical, dental, and other health insurance benefits to the extent authorized under the provisions of said chapter 32A. All questions relating to group insurance rights, obligations, costs and payments shall be determined solely by the group insurance commission, and shall include the manner and method for the payment of all required premiums applicable to all such coverage.

(c) The human resources division of the executive office for administration and finance shall assume the obligations of the Massachusetts turnpike authority to employees who become state employees and who are covered under a health and welfare trust fund agreement. Any monies in the authority’s employees’ group insurance trust fund shall be transferred to the Group Insurance Commission Trust Fund established pursuant to section 9 of said chapter 32A.

(d) Any monies in the Massachusetts turnpike authority’s claims trust fund shall be transferred to the commission. The Massachusetts turnpike authority’s treasurer shall provide the commission with an accounting of the claims trust fund which shall be for the one year period immediately preceding the effective date and shall include a calculation of the employee, retiree and surviving spouse contributions that are in excess of the claims costs and expenses of the plans for which the contributions were made. Said treasurer shall routinely forward to the commission any claims for health insurance claims made on behalf of the active employees and retirees of the authority.

(e) Nothing in this section shall be construed to affect the eligibility and coverage of retired Massachusetts Turnpike Authority employees and the surviving spouses of active or retired Massachusetts Turnpike Authority employees who are eligible for group insurance coverage under a plan offered by the Massachusetts Turnpike Authority or who are insured under a plan offered by the Massachusetts Turnpike Authority.

SECTION 127. (a) Notwithstanding the provisions of any other general or special law to the contrary: (1) the Massachusetts turnpike authority employees retirement system shall be abolished and transferred to the state employee retirement system and shall be managed by the state board of retirement pursuant to section 18 of chapter 10 of the General Laws, which board shall have with respect thereto the general powers and duties set forth in subdivision 5 of section 20 of chapter 32; (2) the authority’s employees who retired on or before the effective date of this act shall be members of the state retirement system, which shall pay the cost of benefits annually to such retired authority employees and their survivors; and (3) the assets, liabilities, including all accrued pension and unfunded liabilities, and all data files, papers, records, and other materials of the authority’s retirement system shall be transferred from said authority retirement system to the state retirement system, subject to paragraph (a) of subsection 8 of section 3 of chapter 32 of the General Laws, and such other applicable provisions of law; provided, however, that the members and officers thereof shall continue to be authorized to do all such things and take all such action as may be necessary or desirable to be done or taken by them to effectuate the transfers to be made pursuant to this section.

(b) Effective upon the date of dissolution of the Massachusetts turnpike authority or a default in its obligations under chapter 32 of the General Laws, the payment of all annuities, pensions, retirement allowances and refunds of accumulated total deductions and of any other benefits granted under the provisions of sections 1 to 28, inclusive, of said chapter 32 are hereby made obligations of the commonwealth in the case of any such payments from funds of the Massachusetts turnpike authority employees retirement system.

SECTION 128. Notwithstanding the provisions of any general or special law to the contrary, employees of the Massachusetts turnpike authority who are hired after the effective date of this act shall become members of the state retirement system, and notwithstanding the provisions of any general or special law to the contrary including, but not limited to, paragraph (c) of subdivision 8 of section 3 of chapter 32, said system shall be responsible for all liability attributable to the service of such employees. The liabilities attributable to the service of such employees shall be recoverable by the commonwealth pursuant to the terms of section 8. Employees hired by said authorities after the effective date of this act shall not be members of either authority’s retirement system.

SECTION  129. Notwithstanding the provisions of any general or special law to the contrary, on and after the effective date of this act, the Massachusetts Turnpike Authority shall not enter into any contract to employ a person as an employee or officer beyond July 1, 2010.

SECTION 130. Notwithstanding the provisions of any general or special law to the contrary, on and after the effective date of this act, the Massachusetts Turnpike Authority shall not extend the term of any collective bargaining agreement to a date after July 1, 2010, and shall not enter into any collective bargaining agreement with an expiration date after July 1, 2010.

SECTION 131. Notwithstanding any general or special law to the contrary, all employees of the Massachusetts Bay Transportation Authority who are hired on or after the effective date of this act shall be deemed “employees” in accordance with the provisions of chapter 32A section 2(b) and shall be subject to all of the provisions of said chapter, and shall not be eligible for coverage and shall not receive benefits under any other plan offered by the Massachusetts Bay Transportation Authority. The authority’s contribution to the cost of health insurance coverage for Massachusetts Bay Transportation Authority employees hired after the effective date of this act shall be the same as the provisions on the commonwealth’s contributions in chapter 32A.

SECTION 132. Notwithstanding any general or special law to the contrary, an employee of the Massachusetts Bay Transportation Authority who is employed by the Massachusetts Bay Transportation Authority on the effective date of this act and who becomes and who is eligible for group insurance coverage under insurance plans offered by the authority or who is insured under such a plan, shall have his eligibility and coverage transferred to the jurisdiction of the group insurance commission effective July 1, 2010 and such person shall cease to be eligible or insured under the plans previously offered by the Massachusetts Bay Transportation Authority.

Upon transfer to the group insurance commission all employees of the Massachusetts Bay Transportation Authority shall be deemed “employees” in accordance with the provisions of chapter 32A section 2 (b) and shall be subject to all of the provisions of said chapter; provided, however, that a Massachusetts Bay Transportation Authority employee who was covered by a collective bargaining agreement on the date of transfer shall continue to receive the group insurance benefits required by his respective collective bargaining agreement until the expiration date of such agreement. If the Massachusetts Bay Transportation Authority has monies in an employee’s group insurance trust fund related to the employees transferred to the group insurance commission, these funds shall be transferred to the group insurance commission trust fund established in section 9 of chapter 32A.

SECTION 133. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall continue to provide the coverage, benefits, premium contribution ratios, and other terms, in effect as of June 30, 2010, applicable to retired employees of the Massachusetts Bay Transportation Authority  and the surviving spouses of active or retired employees of the Massachusetts Bay Transportation Authority who are eligible for group insurance coverage under a plan offered by the Massachusetts Bay Transportation Authority and who have retired prior to July 1, 2010; provided, however, that employees retired prior to July 1, 2010 shall be entitled to noncontributory coverage under any health maintenance organization offered by the Massachusetts Bay Transportation Authority  as of June 30, 2010.  

SECTION 134. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority or any successor, shall enter into an agreement to establish or amend existing retirement or pension benefits only if any employee hired after the effective date of the agreement or amendment may not receive a retirement or pension benefit prior to the completion of 25 years of credited pension service and attained 55 years of age. The Massachusetts Bay Transportation Authority is not prohibited by this section from permitting retirement prior to attaining age 55, provided however, that either: (i) the employee is entitled to a disability pension under the Massachusetts Bay Transportation Authority retirement system; or (ii) the employee has earned the maximum percentage allowed under the retirement formula of the Massachusetts Bay Transportation Authority retirement system and that the employee waives the ability to collect a pension and retirement benefit due until attaining age 55.

SECTION 135. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts bay transportation authority, the Massachusetts port authority, and the Massachusetts turnpike authority, for so long as it shall exist, are hereby prohibited, upon the effective date of this act, from entering into any new or amended employment agreements, which fix the compensation and conditions of employment or otherwise bind said authorities to designated contract periods.

SECTION 136. (a) As used in section xx through yy the following words shall, unless the context clearly requires, have the following meanings:

“Authority”, the Massachusetts Port Authority established pursuant to chapter 465 of the acts of 1956.

“Bridge”, the Tobin Memorial Bridge, formerly known as the Mystic River Bridge, constructed and owned by the authority pursuant to chapter 465 of the acts of 1956.

“Department”, the department of transportation.

“Fund”, the Massachusetts Turnpike Authority Revenue Enhancement Fund established pursuant to section 4.

(b) Notwithstanding any general or special law to the contrary, not later than July 1, 2009 the authority shall transfer the bridge, owned and operated by the authority, to the Massachusetts Transportation and Infrastructure Authority to be under the control of the Massachusetts Transportation and Infrastructure Authority. Ownership, possession, and control of the bridge, including, but not limited to, all equipment, books, maps, papers, plans, records and documents of whatever description pertaining to the design, construction, use, operation, and general affairs of the bridge which are in the possession of the authority or any division, unit, officer or employee thereof shall pass to and be vested in the Massachusetts Transportation and Infrastructure Authority of to be under the control of the Massachusetts Transportation and Infrastructure Authority without consideration or further evidence of transfer and shall thereafter be in the ownership, possession and control of the Massachusetts Transportation and Infrastructure Authority.

(c) Notwithstanding any general or special law to the contrary, bridge personnel deemed necessary by the authority for the operation, management, design, construction, reconstruction, repair, maintenance, or improvement of the bridge, transferred under subsection (b), shall be transferred to the Massachusetts Transportation and Infrastructure Authority. The terms and conditions of any collective bargaining agreement covering bridge personnel that is in effect upon the transfer of such personnel to the Massachusetts Transportation and Infrastructure Authority shall remain in effect until the stated date of expiration of such agreement, at which point the agreement shall expire; provided, however, that upon the effective date of this act, the authority shall not engage in negotiations for future collective bargaining agreements covering such employees.

Notwithstanding any general or special law to the contrary, a bridge employee who is employed by the authority on the effective date of this act and who becomes an employee of the Massachusetts Transportation and Infrastructure Authority on or after July 1, 2009 and who is eligible for group insurance coverage under insurance plans offered by the authority or who is insured under such a plan, shall have his eligibility and coverage transferred to the jurisdiction of the group insurance commission effective July 1, 2009 and such person shall cease to be eligible or insured under the plans previously offered by the Massachusetts Port Authority.

Upon transfer to the group insurance commission all employees of the Massachusetts Transportation and Infrastructure Authority shall be deemed “employees” in accordance with the provisions of chapter 32A section 2 (b) and shall be subject to all of the provisions of said chapter; provided, however, that a Tobin Bridge employee who was covered by a collective bargaining agreement on the date of the transfer to the Massachusetts Transportation and Infrastructure Authority  shall continue to receive the group insurance benefits required by his respective collective bargaining agreement until the expiration date of such agreement.

If the Massachusetts Port Authority has monies in an employee’s group insurance trust fund related to the bridge employees transferred to the Massachusetts Transportation and Infrastructure Authority, these funds shall be transferred to the group insurance commission trust fund established in section 9 of chapter 32A.

Nothing in this section shall be construed to affect the eligibility and coverage of retired bridge employees and the surviving spouses of active or retired bridge employees who are eligible for group insurance coverage under a plan offered by the authority or who are insured under a plan offered by the authority.

(d) Notwithstanding any general or special law to the contrary, all duly existing contracts, leases, and obligations of the authority regarding the bridge shall continue in effect and shall remain the liability of the authority; provided, however, that all contracts and obligation related to any collective bargaining agreement shall be assumed by the Massachusetts Transportation and Infrastructure Authority; and provided further, that in the case of collective bargaining agreements, any obligations assumed by the Massachusetts Transportation and Infrastructure Authority under said agreements shall expire on the stated date of expiration of such agreements. No existing right or remedy of any character shall be lost, impaired, or affected by this act.

(e) On and after the effective date of this act, the authority shall not increase its net workforce of employees working primarily on the bridge.

SECTION 137. Notwithstanding any general or special law to the contrary, the department may, in accordance with section 3B of chapter 7 of the General Laws,  fix and revise by regulation from time to time and charge and collect tolls, rates, fees, rentals, and other charges for transit over or through the Tobin bridge.

The department shall convene at least two public hearings, to be within the metropolitan Boston area for proposed changes in the toll structure on the bridge. Said public hearings shall be at least 30 days prior to the effective date of any proposed change in toll structure and shall allow for a one week comment period, after each such hearing, during which written testimony and comments shall be accepted.

The department shall not charge or collect a toll for transit by official emergency vehicles of the commonwealth or any municipality, political subdivision or instrumentality thereof over or through the Tobin bridge.

SECTION 138. Notwithstanding any general or special law to the contrary, all revenues collected by the department from fares, fees, tolls, or any other revenue sources, including, but not limited to, from federal sources from the operation of the Tobin bridge shall be deposited in the Massachusetts Transportation and Infrastructure Fund established pursuant to section 4 of chapter 6C of the General Laws.

SECTION 139. (a) Notwithstanding the provisions of section 35 of chapter 92 of the General Laws, or any other general or special law to the contrary, the care, custody, and control of all bridges carrying vehicular traffic that are owned by the commonwealth and are under the care and control of the department of conservation and recreation, all land beneath such bridges and all appurtenant structures, works and systems, including necessary bridge approaches, and all books, records, documents, agreements, contracts, licenses, permits and other legal obligations associated with said bridges or necessary for the department of transportation to design, construct, reconstruct, repair, maintain, or improve said bridges, shall be transferred to the department of transportation to be held under the control of the department for the same purposes. At such time, such bridges and appurtenances shall be considered to be a part of the state highway system, subject to and with the benefit of all rights and obligations related to such system, including, without limitation, the benefit of the so-called “footprint bridge exemption” set forth in section 61 of chapter 303 of the acts of 2008.  

(b) Any alteration, reconstruction, redesign, maintenance, improvement or repair of the bridges and appurtenances transferred by this act shall be carried out according to standards to protect the scenic and historic integrity of the bridges and related infrastructure. Such standards shall be developed by the department of conservation and recreation and agreed to by the division not later than 120 days from the effective date of this act.

(c) Not later than 1 year from the effective date of this act, the department of transportation and department of conservation and recreation shall file with the division of capital asset management and maintenance and the secretary of administration and finance a report documenting the extent of the bridges, land, and appurtenances transferred to the department on account of this act and documenting the standards required by this section.

(d) All unexpended funds and authorizations, which have been appropriated from time to time, for the engineering, design, permitting, construction, reconstruction, maintenance, and other services essential to the operation of the bridges transferred by this section but not yet expended, including, but not limited to, funds authorized by section 2A of chapter 233 of the acts of 2008 shall be transferred from the department of conservation and recreation to the department of transportation for expenditure.   

(e) Department of conservation and recreation personnel deemed necessary by the department and the highway division for the design, construction, reconstruction, repair, maintenance, or improvement of bridges and appurtenances transferred under this act shall be transferred to the department of transportation, together with the funds associated with their salary and benefits, without impairment of civil service status, seniority, retirement or other rights of the employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such transfer, and without loss of accrued rights to holidays, sick leave, vacation and benefits, and without change in union representation or certified collective bargaining unit as certified by the state division of labor relations or in local union representation or affiliation.  Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The transfer shall not impair the civil service status of any such transferred employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws.

(f) All duly existing contracts, leases and obligations of the department of conservation and recreation relating to the assets to be transferred pursuant to this section shall continue in effect but shall be assumed by the department of transportation.  No existing right or remedy of any character shall be lost, impaired or affected by this act.

SECTION 140.  Notwithstanding any general or special law to the contrary, the Massachusetts Transportation and Infrastructure Authority, in consultation with the commissioner of conservation and recreation and the Massachusetts historical commission, shall promulgate regulations and procedures within 1 year after the effective date of this act relative to the design, construction, reconstruction, maintenance, repair, improvement and operation of all bridges, and land thereunder, and all appurtenant facilities, works and systems, machinery and equipment related to the operation and maintenance of bridges, and land thereunder, and appurtenant facilities, works and systems related thereto transferred to the Massachusetts Transportation and Infrastructure Authority pursuant to section 139, and such regulations and procedures shall comply with the Historic Parkways Preservation Treatment guidelines except to the extent that compliance with such guidelines is waived by the commissioner of conservation and recreation, in consultation with the Massachusetts historical commission. The Massachusetts Transportation and Infrastructure Authority shall establish in the regulations and procedures a process for public input into the development of plans and projects relating to the bridges and other assets transferred to the Massachusetts Transportation and Infrastructure Authority pursuant to 139 consistent with the Historic Parkways Preservation Treatment guidelines.

SECTION 141. (a) The secretary of transportation shall make such plans and arrangements as may be necessary to ensure the efficient transfer of: (i) the Massachusetts turnpike authority’s functions, assets, liabilities, and obligations; (ii) the Tobin memorial bridge owned and operated by the Massachusetts port authority; and (iii) the vehicular bridges and appurtenances under the control of the department of conservation and recreation, to the department pursuant to this act.

The secretary shall have the authority to promulgate new rules and regulations as deemed necessary to effectuate the purposes of the transfers.

Any order, rule or regulation duly promulgated by or on behalf of the department of highways, the Massachusetts aeronautics commission, the registry of motor vehicles, and the Massachusetts turnpike authority, shall continue in full force and effect to the extent consistent with this act and the laws of the Commonwealth, and shall continue to be enforced, until superseded, revised, rescinded or cancelled by the secretary of transportation.

SECTION  142. (a) Notwithstanding the provisions of any general or special law to the contrary, the department of transportation shall facilitate the orderly transfer of the employees, proceedings, rules and regulations, property, and legal obligations of the following functions of state government from the transferor agency to the transferee agency, defined as follows: (1) the functions of the department of highways, as the transferor agency, to the Massachusetts department of transportation, highway division, as the transferee agency; (2) the functions of the registry of motor vehicles, as the transferor agency, to the Massachusetts department of transportation, motor vehicles division, as the transferee agency; (3) the functions of the aeronautics commission, as the transferor agency, to the Massachusetts department of transportation, aeronautics division, as the transferee agency.

(b) The employees of each transferor agency, including those who immediately before the effective date of this act hold permanent appointment in positions classified under chapter 31 of the General Laws or have tenure in their positions as provided by section 9A of chapter 30 of the General Laws or do not hold such tenure, or hold confidential positions, are hereby transferred to the respective transferee agency, without interruption of service, without impairment of seniority, retirement or other rights of the employee, and without reduction in compensation or salary grade, notwithstanding any change in title or duties resulting from such reorganization, and without loss of accrued rights to holidays, sick leave, vacation and benefits, and without change in union representation or certified collective bargaining unit as certified by the state division of labor relations or in local union representation or affiliation. Any collective bargaining agreement in effect immediately before the transfer date shall continue in effect and the terms and conditions of employment therein shall continue as if the employees had not been so transferred. The reorganization shall not impair the civil service status of any such reassigned employee who immediately before the effective date of this act either holds a permanent appointment in a position classified under chapter 31 of the General Laws or has tenure in a position by reason of section 9A of chapter 30 of the General Laws.

Notwithstanding the provisions of any general or special law to the contrary, all such employees shall continue to retain their right to collectively bargain pursuant to chapter 150E of the General Laws and shall be considered employees for the purposes of said chapter 150E.

Nothing in this section shall be construed to confer upon any employee any right not held immediately before the date of said transfer, or to prohibit any reduction of salary grade, transfer, reassignment, suspension discharge layoff or abolition of position not prohibited before such date.

(c) All petitions, requests, investigations and other proceedings appropriately and duly brought before each transferor agency or duly begun by each transferor agency and pending before it before the effective date of this act, shall continue unabated and remain in force, but shall be assumed and completed by the department of transportation.

(d) All orders, rules and regulations duly made and all approvals duly granted by each transferor agency, which are in force immediately before the effective date of this act, shall continue in force and shall thereafter be enforced, until superseded, revised, rescinded or canceled, in accordance with law, by the department of transportation.

(e) All books, papers, records, documents, equipment, buildings, facilities, cash and other property, both personal and real, including all such property held in trust, which immediately before the effective date of this act are in the custody of each transferor agency shall be transferred to the department of transportation.

(f) All duly existing contracts, leases and obligations of each transferor agency shall continue in effect but shall be assumed by the respective transferee agency. No existing right or remedy of any character shall be lost, impaired or affected by this act.

SECTION 143.  Notwithstanding any general or special law to the contrary, the secretary of administration and finance shall establish an office of transition management for transportation within the executive office for administration and finance to accomplish the purposes of this act.  Agencies from within that executive office including, but not limited to, the human resources division and the division of capital asset management and maintenance, as well as the executive office of transportation and public works and the department of labor shall staff the office.

The office shall monitor compliance with this act, recommend to the secretary of transportation rules and regulations not inconsistent with this act to facilitate the orderly, expeditious transfer of assets and functions from the executive office of transportation and public works, the Massachusetts Turnpike Authority, the Massachusetts Port Authority, the department of conservation and recreation and the department of highways to the Massachusetts Transportation and Infrastructure Authority, developing administrative processes to assure continuity of employment and operations during the transitions, identifying opportunities for potential efficiencies and cost savings and recommending legislation to realize such savings and efficiencies, resolve issues or assist government agencies with the transition of transportation agencies. 

Ninety days after the effective date of this act and quarterly thereafter until such transition period is complete, the secretary of transportation shall submit a report to the governor, the secretary of administration and finance, the joint committee on transportation,  the senate and house committees on ways and means and the clerks of the senate and the house of representatives, relative to the progression of the  incorporation of the agencies and authorities into the Massachusetts Transportation and Infrastructure Authority.

The report shall include, but shall not be limited to, plans for the assignment and reassignment of resources including personal, equipment and supplies into the Massachusetts Transportation and Infrastructure Authority. The reports shall also include the status of the transition of roads, bridges, parkways and any other transportation assets of the Massachusetts Turnpike Authority, the Massachusetts Port Authority, the department of conservation and recreation and the department of highways and shall further include approximate schedules for the completion of the transition.

SECTION 144. (a) Notwithstanding the provisions of chapter 30B of the General Laws or any other general or special law to the contrary, the city of Worcester is hereby may, within 1 year of the effective date of this act, transfer to the Massachusetts port authority the Worcester regional airport, subject to the following terms and conditions: (i) the Worcester regional airport shall be transferred to the Massachusetts port authority for fair compensation which may be paid in installments and which shall be reduced by the actual amount of any expenditures, subsidies, and operational costs assumed or provided to date to or for the Worcester regional airport by said Massachusetts port authority, in addition to any other federal and state funding and grant assistance, and (ii) the right, title, and interest of said city in the Worcester regional airport shall be conveyed within 1 year of the effective date of this act. If the parties fail to agree to the amount of fair compensation within 6 months of the effective date of this act, the secretary of transportation and the undersecretary of transportation for aeronautics shall establish such compensation in consultation with the executive director of the port authority and the city manager of the city of Worcester; provided, however, that the terms and conditions of any such transfer, and the amount of any such compensation to be paid, shall be subject to the prior approval of the board of the authority.

(b) Upon the transfer of the airport by the city of Worcester to the Massachusetts port authority pursuant to this section, the Massachusetts port authority shall be responsible for the ownership, operation, and maintenance of the Worcester regional airport and, except as otherwise agreed to by the parties, the city shall cease to be responsible for such ownership, operation, and maintenance. All warranties and all contract and indemnification rights and obligations arising out of the design, construction, operation, and maintenance of the airport shall remain in full force and effect following such transfer. The provisions of this section shall not limit or in any way impair the rights, remedies or defenses of the city of Worcester or the Massachusetts port authority in or to any such action.

SECTION 145. The secretary of the department of transportation, in consultation with the secretary of the executive office of labor and workforce development and director of workforce development shall institute a workforce retraining initiative to mitigate potential impacts to employees displaced by the organizational efficiencies and agency restructuring directed by this act. The secretary of transportation and the secretary of labor and workforce development, or their designees, shall establish a committee to coordinate the workforce retraining initiative and adopt policies that identify and categorize displaced employees, while advancing workforce development opportunities for said employees whose lack of skills may prevent or limit their successful employment. Said committee shall include representatives from labor unions likely to be affected by this act, representatives from the business industry, and representatives from the human resources division of the executive office for administration and finance. The procedures shall outline and recommend various retraining programs available to employees identified as being displaced by this act, establish eligibility criteria and base skills requirements for the administration of these programs, promote program accountability and job placement through the division of career services and one stop career centers, identify available professional development and technical assistance needs and resources, and encourage economic diversification and industry growth through technology-focused training.

The director of workforce development together with agencies and other entities that provide employment or training services in the Commonwealth, shall utilize existing state and federal grant funding, including funding for workforce retraining programs at existing institutions, community colleges, labor organizations, and administrative entities to implement the workforce retraining initiative. Where applicable, the director may utilize any funds received pursuant to the federal Workforce Investment Act of 1998, 112 Stat. 936, 29 U.S.C. § 2801, as amended, to provide additional funding for the workforce retraining initiative.

In the event an employee displaced by the operation of this act does not have severance or other termination benefits, the department of transportation shall pay, for a period not to exceed two months following the date of termination of employment, the then current salary for such employee.

This section shall expire eighteen months after the effective date of this act.

SECTION 146. Notwithstanding the provisions of sections 9, 9A, and 10 of chapter 161B of the General Laws, or any other general or special law to the contrary, all regional transit authorities established in said chapter 161B shall move to a forward funded budgeting system. The secretary of the executive office for administration and finance is hereby directed to develop a plan and timetable for accomplishing this conversion to forward funding and to seek the necessary appropriations to implement the plan. The secretary is further authorized to promulgate rules and regulations to effectuate the purposes of this section.

SECTION 147.  Notwithstanding the provisions of any general or special law to the contrary, the highway division of the department of transportation is hereby authorized and directed to enter into an agreement with the Massachusetts bay transportation authority to assume all bridge inspection responsibilities for any bridges owned and operated by said authority over the roads of the commonwealth.

SECTION 148. Notwithstanding section 31 of chapter 15 of the acts of 1988 or the provisions of any other general or special law to the contrary, the Massachusetts bay transportation authority is hereby authorized to sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of the public parking garage constructed and operated by the authority on the land acquired by the authority pursuant to such law.

SECTION 149.  Notwithstanding any general or special law to the contrary, the bureau for environmental health within the department of public health shall conduct a comprehensive baseline study of the health effects of particulate air pollution from surface and air transportation in Massachusetts. The study shall focus on understanding the health impacts from fine and ultrafine particulate matter upon populations that are located within 500 feet of any roadway with 50,000 or more motor vehicle trips per day, or any rail line regularly used by diesel locomotives or within 1 mile of any airport with more than 500 enplanements per week as reported between January 1, 2007 and January 1, 2008; provided further, that said study may include, but shall not be limited to, examining respiratory and cardiovascular disease and cancer incidence that may be affected by exposure to traffic-related particles. The following departments and agencies of the commonwealth shall provide information to the bureau relevant to this study: the department of environmental protection, the Massachusetts Transportation and Infrastructure Authority, the department of transportation, the division of aeronautics  and the central transportation planning staff of the Boston metropolitan planning organization. The bureau shall report its findings together with legislation, if any, to the house and senate committees on ways and means not later than June 30, 2010.

SECTION 150.  Notwithstanding any general or special law to the contrary, any employee who retires from the executive office of transportation, the highway department, the registry of motor vehicles, the Massachusetts Turnpike Authority, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the Massachusetts Aeronautics Commission, or the Massachusetts Transportation and Infrastructure Authority shall not be employed by the agency or authority from which the employee retired or any successor agency or authority to the agency or authority from which the employee retired, within 1 year. 

SECTION 151. The office of the state auditor shall perform a close out audit of each agency or authority admitted to the Massachusetts Transportation Infrastructure Authority.  Said audit shall include a catalogue of any issues relating to the agency or authority’s current and future finances and operations, current and future revenues or debt structure, and internal policies and procedures, that he believes are not within Financial Accounting Board Standards of practice or may violate other laws, rules and procedures of the General Laws.

SECTION 152. Notwithstanding any other provision of this act or other law, commencing on July 1, 2009, all amounts of any kind received by the commonwealth which are derived from or related to the operation of the state highway system, as defined in chapter 81B, shall be deemed to be held in trust for and shall be transferred and paid over to the Massachusetts Transportation and Infrastructure Authority when received without further appropriation to be applied to the purposes of the Authority. All amounts of any kind received by the Massachusetts Turnpike Authority which are derived from the operation of the turnpike, as defined in chapter 81B, shall be deemed to be held in trust for and shall be transferred and paid over to the Authority when received without further appropriation to be applied to the purposes of the Authority.

SECTION 153.  The secretary of transportation shall submit a report on the progress and all expenditures related to state transportation infrastructure projects undertaken through use of federal funds received under the American Recovery and Reinvestment Act of 2009 to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means, the senate and house chairs of the joint committee on transportation and the chairs of the senate and house committees on bonding, capital expenditures and state assets. The report shall include, but not be limited to: the total estimated cost of each project; the amount expended for the planning and design of each project up to the time the report is filed; the amount expended on construction of each project up to the time the report is filed; the timeline from advertisement through contract award and from the start of actual design and construction by the design build team to project completion; the time saved, if any, by employing the design build procurement method; and the estimated lifetime maintenance schedule and cost of each project, the original estimated completion date of each project and the current anticipated completion date of each project.  The report shall also include the total number of employees and outside contractors and amount expended on the salaries and benefits for such employees and outside contractors that are specifically working on projects to be carried out as part of projects funded through said American Recovery and Reinvestment Act of 2009.  The report shall be submitted on December 31 of each year until the culmination of any project constructed with funds authorized by said American Recovery and Reinvestment Act of 2009.

SECTION 154. Section 77E of this act shall expire on July 1, 2011.

SECTION 155. All uncommitted and unexpended funds and authorizations, which have been appropriated from time to time to the executive office of transportation and public works, including any agency and authority within said executive office, including but not limited to, funds authorized in chapter 15 of the acts of 1988, chapter 33 of the acts of 1991, chapter 102 of the acts of 1994, chapter 273 of the acts of 1994, chapter 28 of the acts of 1996, chapter 113 of the acts of 1996, chapter 205 of the acts of 1996, chapter 11 of the acts of 1997, chapter 55 of the acts of 1999, chapter 87 of the acts of 2000, chapter 235 of the acts of 2000, chapter 246 of the acts of 2002, chapter 40 of the acts of 2003, chapter 291 of the acts of 2004, chapter 27 of the acts of 2007, chapter 86 of the acts of 2008, chapter 233 of the acts of 2008, and chapter 303 of the acts of 2008, shall be transferred to the department of transportation for use by the department or any of its divisions for purposes consistent with such authorizations.

SECTION 156. (a) When all payments due on account of the turnpike and the metropolitan highway system, both as defined in chapter 81B,  shall have been made, and when all bonds issued under the provisions of chapter 81A and the interest thereon shall have been paid or a sufficient amount of the payment of all such bonds and the interest thereon to the maturity thereof shall have been set aside in trust for the benefit of the bondholders, and contributions shall have been made to the several funds of the Massachusetts Turnpike Authority employees' retirement system established under sections one to twenty-eight, inclusive, of chapter thirty-two of the General Laws such as are sufficient, in the opinion of the actuary, as defined in section one of said chapter thirty-two, to provide for the payment of all amounts payable by the system after that date with respect to all persons then receiving allowances from the Massachusetts Turnpike Authority employees' retirement system and with respect to all persons who are then employees, as defined in said section one, of the Massachusetts Turnpike Authority, whether or not any such amount is or becomes payable to any such person or the spouse or other beneficiary of any such person, such opinion to be based upon the assumption, among others, that such persons who are then employees are then or thereafter become entitled to receive retirement allowances in the amounts then provided by sections five, six and seven of said chapter thirty-two on the basis of the regular compensation received by, and the years of creditable service of, such persons at such date, all projects then under the control of the Massachusetts Turnpike Authority shall be operated and maintained by the division of roads and bridges of the Massachusetts Transportation and Infrastructure Authority.

(b) Upon the transfer provided in subparagraph (a) the members of the Massachusetts Turnpike Authority employees' retirement system on the effective date of the dissolution of the authority who do not then transfer to or enter service in a governmental unit in which a contributory retirement system established under the provisions of sections one to twenty-eight, inclusive, of said chapter thirty-two, or under corresponding provisions of earlier laws or of any special law, shall continue to be members of the Massachusetts Turnpike Authority employees' retirement system and shall then be entitled to apply for and receive retirement allowances from such system in the amounts, upon the terms, subject to the conditions and with all of the related rights provided by and under sections six, seven, ten and twelve of said chapter thirty-two.

(c) Effective upon the date of dissolution of the Massachusetts Turnpike Authority (1) the Massachusetts Turnpike Authority employees' retirement system shall continue under the provisions of section 1 to 28, inclusive of said chapter 32; (2) the management of the Massachusetts Turnpike Authority employees' retirement system shall be transferred to the state board of retirement provided for in section eighteen of chapter ten of the General Laws which board shall have with respect thereto the general powers and duties set forth in subdivision (5) of section twenty of said chapter thirty-two; (3) all data, files, papers and records and other materials of the retirement board provided for in paragraph (b) of subdivision (41/2) of said section twenty shall be transferred to and held by the state board of retirement; (4) the funds of the Massachusetts Turnpike Authority employees' retirement system in the custody of the secretary-treasurer of the Authority shall be transferred to the state treasurer who shall thereafter be and perform the duties of the treasurer-custodian of such funds which shall then be held by him for the exclusive benefit and use of the members of the Massachusetts Turnpike Authority employees' retirement system and their beneficiaries; and (5) the retirement board provided for in said paragraph (b) of subdivision (41/2) shall be abolished; provided, however, that the members and officers thereof shall continue to be authorized to do all such things and take all such action as may be necessary or desirable to be done or taken by them to effectuate the transfers to be made pursuant to this section.

(d) Effective upon the date of dissolution of the Massachusetts Turnpike Authority or a default in its obligations under chapter thirty-two of the General Laws, the payment of all annuities, pensions, retirement allowances and refunds of accumulated total deductions and of any other benefits granted under the provisions of sections one to twenty-eight, inclusive, of said chapter thirty-two are hereby made obligations of the commonwealth in the case of any such payments from funds of the Massachusetts Turnpike Authority employees' retirement system.

SECTION 157. Notwithstanding any general or special law to the contrary, in making initial appointments to the board of the Massachusetts Transportation and Infrastructure Fund the governor shall appoint 4 additional members 1 of whom shall be appointed for a term of 1 year; 1 of whom shall be appointed for a term of 2 years; and 2 of whom shall be appointed for a term of 3 years.

SECTION 158.  Notwithstanding any general or special law to the contrary, the secretary of administration and finance may enter into such contracts or agreements with the Massachusetts Transportation and Infrastructure Authority and may transfer proceeds of the bonds and notes of the commonwealth issued for transportation purposes to the Massachusetts Transportation and Infrastructure Authority as it deems necessary to carry out the purposes of the statutory provisions authorizing such bonds or notes.

SECTION 159. Notwithstanding any general or special law to the contrary, any existing or future balance in the Infrastructure Fund, established pursuant to said section 2O, shall be credited to the Transportation Fund established pursuant to section 2ZZZ of chapter 29, provided that such crediting shall not affect in any way the obligations of the commonwealth relating to special obligation bonds issued pursuant to said section 2O, and the pledge of pledged funds, as defined in said section 2O, to secure the payment of such bonds is hereby ratified and confirmed in all respects and shall remain in full force and effect as long as any such special obligation bonds issued as of July 1, 2009 remain outstanding in accordance with their terms and secured by funds in the fund.

SECTION 160 . Notwithstanding any general or special law to the contrary, the comptroller shall transfer the balance of the Highway Fund established pursuant to section 34 of chapter 90 of the General Laws to the Commonwealth Transportation Fund established pursuant to section 2ZZZ of chapter 29 of the General Laws.

SECTION 161. Notwithstanding any general or special law to the contrary, any project or phase thereof that has received an opinion of the secretary of the executive office of energy and environmental affairs that it is not subject to the jurisdiction of the secretary pursuant chapter 30 of the General Laws shall be governed by the regulations and procedures in effect prior to the effective date of this act; and any project or phase thereof that has received prior to the effective date of this regulation any one or more of a variance, special permit, comprehensive permit, certificate of occupancy, or building permit followed within 5 years thereafter by a certificate of occupancy, or the developer of which has entered into an agreement with any of the Department of Conservation and Recreation or the applicable executive office secretary to fund traffic improvements or traffic mitigation, shall in any such case be governed by the regulations and procedures in effect prior to the effective date of these regulations so long as the applicable variance, permit or certificate continues in force and effect or, if applicable, so long as such agreement has not been duly terminated on account of the failure of the project developer to meet its obligations under such agreement;  in any case unless the applicant elects, in writing, to be governed by this regulation and the procedures hereunder.

SECTION 162. The provisions of this act shall not be deemed in derogation of any powers conferred upon the department and its constituent divisions and authorities by existing laws; provided, however, that insofar as the provisions of this act are inconsistent with the provisions of any general or special law, administrative order or regulation, the provisions of this act shall be controlling.

SECTION 163. Section 4 of chapter 6C of the General Laws, as inserted by section 7 of this act, shall take effect on July 1, 2009.

SECTION 164. Section 14 of chapter 6C of the General Laws, as inserted by section 7 of this act, shall take effect on July 1, 2010, or upon agreement of the Massachusetts Turnpike Authority and the Massachusetts Transportation and Infrastructure Authority.

SECTION 165. Section 30 of chapter 6C of the General Laws, as inserted by section 7 of this act, shall take effect on July 1, 2011.

SECTION 166. Section 42 of chapter 6C of the General Laws, as inserted by section 7 of this act, shall take effect on July 1, 2009.

SECTION 167. Section 43 of chapter 6C of the General Laws, as inserted by section 7 of this act, shall take effect on July 1, 2009 and shall expire on July 1, 2010.

SECTION 168. Section 44 of chapter 6C of the General Laws, as inserted by section 7 of this act, shall take effect on July 1, 2010.

SECTION 169. Sections 14, 16, 31, 52, 71, 126, 127, 139 and 160 shall take effect on July 1, 2009

SECTION 170. Sections 7, 8, 22, 65, 132 and 133 shall take effect in July 1, 2010.

SECTION 171. Sections 46 and 46 of this act shall take effect on January 1, 2013.