HOUSE DOCKET, NO. 1127        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1818

The Commonwealth of Massachusetts

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PRESENTED BY:

Martha M. Walz

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to historic preservation.

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PETITION OF:

HOUSE DOCKET, NO. 1127        FILED ON: 1/19/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1818

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3362 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to historic preservation.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to  subject the Massachusetts Bay Transportation Authority to the historic preservations regulations and laws, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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

SECTION 1.  Section 3 of chapter 161A of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking  subsection (i),  and inserting in place thereof the following subsection:-

3(i)  To provide mass transportation service, whether directly, jointly or under contract, on an exclusive basis, in the area constituting the authority and without being subject to the jurisdiction and control of the department of telecommunications and energy in any manner except as to safety of equipment and operations and, with respect only to operations of the authority with equipment owned and operated by the authority, without, except as otherwise provided in this chapter, being subject to the jurisdiction and control of any city or town or licensing authority; provided that schedules and routes shall not be considered matters of safety subject to the jurisdiction and control of said department.  Except as otherwise provided in this chapter, the board shall determine the character and extent of the services and facilities to be furnished, and in these respects their authority shall be exclusive and shall not be subject to the approval, control or direction of any state, municipal or other department, board or commission except the advisory board as provided in this chapter and except that the board’s authority shall be subject to the approval, control or direction to the maximum extent allowable of any federal, state or municipal department, board or commission that has the authority to regulate a historic district, properties listed on the National Register of Historic Places, the State Register of Historic Places or a local equivalent, or properties that have received city, state, or federal landmark status.  Nothing contained in this paragraph shall be construed as exempting any privately owned or controlled carrier, whether operating independently, jointly or under contract with the authority, from obtaining any license required under section 1 of chapter 59A.