Amendment S.2213 187th (2011 - 2012)

[Text of proposed amendments to the Senate amendment (Bonding, Capital Expenditures and State Assets) relative to financing improvements to the Commonwealth's transportation system (Senate, No. 2213)]

Rejected
Clerk #1

Study on access to Riverside Station from I-95

Ms. Creem moves to amend S. 2213 by inserting, in line 19, after the word “obligations;”, the following language:-  “and, provided further that the Department of Transportation shall conduct a cost and feasibility study on direct vehicular access from interstate highway 95 to the Riverside MBTA station in Newton”

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WITHDRAWN

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WITHDRAWN

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WITHDRAWN

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WITHDRAWN

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WITHDRAWN

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WITHDRAWN

Rejected
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Framingham/Worcester Line

Ms. Creem moves to amend S. 2213 by inserting, in line 91, after the word “Commonwealth; ”, the following:-   “provided further, that funding shall be authorized for the design and construction of the Massachusetts Bay Transportation Authority Framingham/Worcester Speed Improvement project; and, provided further, that funding shall be authorized for replacement of the interlocking at CP 3 and CP 4, and design and construction of double track from CP3 to CP4 for the Framingham/Worcester Line project” 

Rejected
Clerk #9

SOUTH COAST RAIL INITIATIVE

Mr. Montigny moves to amend the bill, S. 2213, by striking section 2D in its entirety and inserting in place thereof the following new section:-

SECTION 2D

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Rail and Transit Division

6622-1280 For the purpose of implementing rail improvements under chapter 161C of the General Laws; provided, that funds may also be used for transportation planning, design, permitting, acquisition of interests in land and engineering for heavy rail, light rail, bus and other transit projects, including the industrial rail access program; provided, however, the department shall adopt regulations within 180 days of the effective date of this act implementing the industrial rail access program, which shall increase access to rail freight service and preserve or stimulate economic development through the generation of new or expanded rail service; provided further, that the secretary of transportation shall evaluate and select eligible projects, in consultation with the secretary of housing and economic development, where the public benefit will be gained through improved use of the rail transportation network or that will facilitate economic growth through access to the rail assets within the commonwealth; provided further, that the program shall be available to any political subdivision, railroad or shipper operating within the commonwealth; provided further, that the amounts specified in this item or for a particular project may be adjusted in order to facilitate other needs of the department or other projects;  and provided further, notwithstanding the provisions of any general or special law to the contrary, any funds authorized or funds previously authorized, including but not limited to, the amounts appropriated in item 6005-9906 of section 2 of chapter 125 of the acts of 2000 and in item 6001-0804 of section 2C of chapter 303 of the acts of 2008, shall be directed for the design, permitting and construction of the South Coast rail line for the area south of the site known as Cotley Junction....................................................................................$300,000,000

ADOPTED
Clerk #10

Transportation of ethanol by train

Messrs. Petruccelli and DiDomenico move to amend the bill (Senate, No.2213) by inserting at the end of the bill the following new section:-

SECTION XX.  Notwithstanding any general law or regulation to the contrary, the department of transportation shall commission a study to determine the impact on the public safety of transporting ethanol by train through the communities of Boston, Revere, Everett, Cambridge and Chelsea.  Public safety issues to be studied shall include, but not be limited to, the proximity to residences, elderly housing complexes, schools, hospitals, health care facilities and other population and demographic characteristics, and emergency response capabilities.  Said report shall be completed within six months of enactment and copies shall be provided to the senate committee on ways and means, the executive office of public safety and security, and the department of environmental protection.  The department of environmental protection shall not issue a license under chapter 91 of the general laws for the transportation of ethanol through the communities of Boston, Revere, Everett, Cambridge and Chelsea until it has received said report. 

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WITHDRAWN

Rejected
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Pavement Study

Mr. Ross moves to amend the bill (Senate, No. 2213) by inserting at the end thereof the following section:-

Section XX.  There shall be established within the Massachusetts Department of Transportation a taskforce to review and evaluate the feasibility of amending the state specifications for road construction and bituminous concrete or pavement materials in order to increase the durability of paved public ways in the Commonwealth while decreasing any adverse environmental impacts from such specifications. 

The taskforce shall be comprised of: the Secretary of the Department of Transportation, who shall serve as chair; the Director of the Pavement Research Institute at the University of Massachusetts/Dartmouth, or his designee; one person to be appointed by the President of the Senate and one person to be appointed by the Speaker of the House of Representatives, each of whom shall have expertise in materials science; one person to be appointed by the Minority Leader of the Senate and one person to be appointed by the Minority Leader of the House of Representatives, each of whom shall be citizen who regularly drive on public ways of the Commonwealth; and, the House and Senate chairs of the Joint Committee on Transportation.

The taskforce shall convene at least four public hearings and accept written public comment before making its report, which shall be filed with the Joint Committee on Transportation, and the Clerks of the Senate and House of Representatives no later than March 1, 2013.

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WITHDRAWN

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WITHDRAWN

Rejected
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Nunnery Grounds

Ms. Jehlen and Mr. DiDomenico move to amend the bill Senate No. (2213) in Section 2, in item 6121-1215, by inserting at the end thereof the following wording “provided further that The Department of Transportation may expend not more than $10,000,000 on the installation of sound barriers on 1-93 adjacent to the Nunnery Grounds neighborhood so called located between Cross St. and Mt Vernon St. in the City of Somerville, and by striking out the figure “25,000,000” and inserting in place thereof the following figure “35,000,000.”

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RULED OUT OF ORDER

Clerk 16.1

RULED OUT OF ORDER

ADOPTED
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MBTA EXPANSIONS

Messrs. Tarr, Knapik, Hedlund and Ross moves to amend the bill (Senate, No. 2213) by inserting at the end thereof the following new section:-

“SECTION__.  Section 35T of chapter 10 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting at the end thereof the following:-

(c) The authority shall be prohibited from extending services, including but not limited to the addition of new line service through the creation of a new line, extension of a current line, or increasing the service area of a current line, until the authority submits a plan on how the authority will pay for the proposed expansion and certifies that such expansion will not adversely affect existing services.  Said plan shall be submitted to the clerk of the senate and the clerk of the house of representatives, the joint committee on transportation, and the chairs of the senate and house ways and means committees.”

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WITHDRAWN

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WITHDRAWN

Rejected
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MBTA FISCAL HEALTH

Messrs. Tarr, Knapik, Hedlund and Ross moves to amend the bill (Senate, No. 2213) by inserting at the end thereof the following new section:-
“SECTION__.  The MBTA shall file a report with the legislature detailing present, planned, and foreseeable activities to increase its self-sufficiency and decrease its dependence on state subsidization and fare increases.  Said report shall include, but not be limited to, methods for increased fare collections; the cultivation and implementation of opportunities for sponsorships of facilities, programs, venues and properties; an analysis of employee compensation, including but not limited to, overtime payments, health care benefits, pensions and other benefits; the privatization of some or all of the operations of the MBTA; and any and all other actions being considered or pursued to improve the sustainability of services provided by the MBTA within its current and projected fiscal constraints.  This report shall be filed with the clerk of the senate and the clerk of the house of representatives, the joint committee on transportation, and the senate and house ways and means committees no later than 180 days following the effective date of this act.”

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WITHDRAWN

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WITHDRAWN

Rejected
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RTA Forward Funding

Mr. Rosenberg and Ms. Candaras moves to amend the bill (Senate, No. 2213) in section 1, by striking out “2” and inserting in place thereof “1A”; and by inserting after section 1 the following new section:-

SECTION 1A. 6001-0606. For the purpose of retiring revenue anticipation notes and any interest associated thereof for the purpose of currently financing the regional transit authorities established pursuant to Chapter 161 and 161B with capital bond funds. Each authority shall submit to the executive office of transportation and the executive office for administration and finance a certified statement identifying the total amount of notes and interest issued by the regional transit authority which are attributable to contract assistance and any notes and interest that may be outstanding which are attributable to contract assistance. Amounts allocated to the authorities from this item shall be expended in accordance with policies, rules and regulations established by the Department of Transportation…………………………………………………..$85,000,000; and

by inserting after section 2D the following new section:-

SECTION 2E. To meet the expenditures necessary in carrying out section 1A the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth, in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $85,000,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Regional Transportation Authority Current Financing, and shall be issued for such maximum term of years, not exceeding 5 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund.

otwithstanding any previous act or special law, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.; and
by inserting at the end thereof the following new section:-

SECTION ___. The Secretary of the Department of Transportation in consultation with the Secretary of Administration and Finance is hereby authorized and directed to establish a financing plan to end the current system of retroactive reimbursement of  the Regional Transit Authorities established pursuant to Chapter 161 and 161B of the General Laws. Said financing plan may include and the secretary is authorized to use capital bond funds in whole or in part to finance the transition of regional transit authorities to a current funding system, so called. The Secretary may use any other available funds in addition to or in place of bond funds necessary to establish a current financing system.

Rejected
FURTHER Clerk # 23.1

Flagging Service

Mr. Knapik moves to further amend the pending amendment (No. 23) by adding the following text:-            

And further by striking out, in section 12, the word “opinion” and inserting in place thereof the following word:- agreement            

And further by striking out, in section 12, the following words:- If a flagman is needed to carry out this section, the railroad company or railway company or its assigns shall provide flagman.

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WITHDRAWN

Clerk #25

WITHDRAWN

ADOPTED
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TRANSPORTATION SALARIES

Messrs. Tarr, Knapik, Hedlund and Ross moves to amend the bill (Senate, No. 2213), in Section 2, by striking line item 6121-1215 in its entirety and inserting in place thereof the following:-

“6121-1215 For projects on the interstate federal aid highway system; provided, that funds may be expended for the costs of these projects including, but not limited to, the nonparticipating portions of these projects and the costs of engineering and other services essential to these projects, rendered by Massachusetts Department of Transportation employees or by consultants; provided further, that amounts expended for department employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects, provided however that the secretary of transportation and public works shall maximize efforts and utilize any and all available means to minimize the use of capital funds to pay for the salaries of department employees; provided further, that notwithstanding this act or any other general or special law to the contrary, the department shall not enter into any obligations for projects which are eligible to receive federal funds under this act unless state matching funds exist which have been specifically authorized and are sufficient to fully fund the corresponding state portion of the federal commitment to fund these obligations; and provided further, that the department shall only enter into obligations for projects under this act based upon a prior or anticipated future commitment of federal funds and the availability of corresponding state funding authorized and appropriated for this use by the general court for the class and category of project for which this obligation applies.............25,000,000.”

Mr. Tarr moves to further amend the bill, in Section 2, by striking line item 6121-1216 in its entirety and inserting in place thereof the following:-

6121-1216 For federal aid projects on the non-interstate federal highway system; provided, that funds may be expended for the costs of these projects including, but not limited to, the nonparticipating portions of these projects and the costs of engineering and other services essential to these projects rendered by department employees or by consultants; provided further, that amounts expended for department employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects, provided however that the secretary of transportation and public works shall maximize efforts and utilize any and all available means to minimize the use of capital funds to pay for the salaries of department employees; provided further, that notwithstanding this act or any other general or special law to the contrary, the department shall not enter into any obligations for projects which are eligible to receive federal funds under this act unless state matching funds exist which have been specifically authorized and are sufficient to fully fund the corresponding state portion of the federal commitment to fund these obligations; and provided further, that the department shall only enter into obligations for projects under this act based upon a prior or anticipated future commitment of federal funds and the availability of corresponding state funding authorized and appropriated for this use by the general court for the class and category of project for which this obligation applies..........$525,000,000”

Mr. Tarr moves to further amend the bill by inserting at the end thereof the following new Section:-

 “SECTION__.  The secretary of transportation and public works, within six months of the passage of this act, shall submit to the clerk of the house of representatives and the clerk of the senate, the joint committee on transportation, and the house and senate committees on ways and means a detailed timeline and funding schedule for the transfer of all workers at the executive office of transportation and public works and the department of highways, whose salaries and benefits are currently funded through the proceeds of bond sales, to the operations accounts of such agencies no later than December 31, 2014.”  

Clerk #27

BONDED INDEBTEDNESS AUDIT

Messrs. Tarr, Knapik, Hedlund and Ross moves to amend the bill (Senate, No. 2213) by inserting at the end thereof the following new Section:-

“SECTION__.  The state inspector general is hereby authorized and directed to conduct an audit of the commonwealth’s bonded indebtedness in relationship to the Central Artery/Third Harbor Tunnel project.  The audit shall include a complete list and descriptive summary of all projects that were required as a result of legal judgments, court orders, and other mechanisms, including negotiated settlements, resulting from the project.  The audit shall further detail the start and end dates and total bond costs associated with those projects that have already been completed, as well as the projected start and end dates and projected total bond costs associated with those projects that have yet to be undertaken or completed.  The audit shall further include the purpose of what the projects are for, why they are required, and if they are necessary to provide transportation to the citizens of the commonwealth.  This audit shall be filed with the clerk of the senate and the clerk of the house of representatives, the joint committee on transportation, and the senate and house ways and means committees no later than nine months following the effective date of this act.”

Rejected
Clerk #28

Preventing Further Capital Expansion

Mr. Hedlund moves to amend the bill (Senate Bill 2213) in Section 2D, by inserting, at the end thereof, but before the figure $300,000,000, the following:- provided further, that no funds may be spent on the permitting or planning of a mass transit expansion project that is not included within 310 CMR 7:36 until all projects currently required under said regulations have reached substantial completion.

Rejected
Clerk #29

Phase 2 Route 18 in the City of New Bedford

Mr. Montigny moves to amend the bill, S. 2213, in Section 2,  by striking line item 6121-1216 in its entirety and inserting in place thereof the following new item:-

6121-1216 For federal aid projects on the non-interstate federal highway system; provided, that funds may be expended for the costs of these projects including, but not limited to, the nonparticipating portions of these projects and the costs of engineering and other services essential to these projects rendered by department employees or by consultants; provided further, that amounts expended for department employees may include the salary and salary-related expenses of these employees to the extent that they work on or in support of these projects; provided further, that notwithstanding this act or any other general or special law to the contrary, the department shall not enter into any obligations for projects which are eligible to receive federal funds under this act unless state matching funds exist which have been specifically authorized and are sufficient to fully fund the corresponding state portion of the federal commitment to fund these obligations;  provided further, that the department shall only enter into obligations for projects under this act based upon a prior or anticipated future commitment of federal funds and the availability of corresponding state funding authorized and appropriated for this use by the general court for the class and category of project for which this obligation applies; and provided further, that not less than  $4,000,000 be expended for the phase 2 construction project of Route 18 in the City of New Bedford...................................$525,000,000

Rejected
Clerk #30

Hurricane Barrier Boardwalk in the City of New Bedford

Mr. Montigny moves to amend the bill, S. 2213, by striking Section 2A in its entirety and inserting in place thereof the following new language:-

SECTION 2A.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Highway Division

6121-1217 For the design, construction and repair of, or improvements to, nonfederally-aided roadway and bridge projects and for the nonparticipating portion of federally-aided projects; provided, that the costs of professional personnel directly and exclusively involved in the construction, planning, engineering and design of the projects funded herein may be charged to this item and any other general operating costs of the department; provided further, that those costs shall not be classified as administrative costs; provided further, that the amounts specified in this item or for a particular project may be adjusted in order to facilitate other needs of the department: and provided further that not less than $2,000,000 be expended for design, construction and engineering cost of a bike and pedestrian path along the hurricane barrier in the City of New Bedford..............................................................................................$325,000,000

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RULED OUT OF ORDER

Rejected
Clerk #32

Route 135 in the Town of Hopkinton

Ms. Spilka moves to amend the bill (Senate Bill 2213), in SECTION 2A, in line item 6121-1217, by inserting at the end thereof the following:- “; provided further that not less than $1,000,000 shall be expended for improvements to Route 135 in the Town of Hopkinton;”.

Rejected
Clerk #33

Route 126 in the Town of Holliston

Ms. Spilka moves to amend the bill (Senate Bill 2213), in SECTION 2A, in line item 6121-1217, by inserting at the end thereof the following:- “; provided further that not less than $1,000,000 shall be expended for planning, design and construction related to Route 126 in the Town of Holliston;”.

Rejected
Clerk #34

Route 109 in the Town of Medway

Ms. Spilka moves to amend the bill (Senate Bill 2213), in SECTION 2A, in line item 6121-1217, by inserting at the end thereof the following:- “; provided further that not less than $10,000,000 shall be expended for construction related to improvements to Route 109 in the Town of Medway;”.

Rejected
Clerk #35

Parking Garage in Downtown Natick

Ms. Spilka moves to amend the bill (Senate Bill 2213), in SECTION 2A, in line item 6121-1217, by inserting at the end thereof the following:- “; provided further that not less than $7,000,000 shall be expended for construction of a parking garage in downtown Natick;”.

Rejected
Clerk #36

Improvements to Downtown Franklin

Ms. Spilka moves to amend the bill (Senate Bill 2213), in SECTION 2A, in line item 6121-1217, by inserting at the end thereof the following:- “; provided further, that not less than $1,000,000 shall be expended for improvements to Main Street, West Central Street, and Emmons Street in downtown Franklin;”.

Rejected
Clerk #37

At-Grade Rail Crossing in the Town of Framingham

Ms. Spilka moves to amend the bill (Senate Bill 2213), in SECTION 2A, in line item 6121-1217, by inserting at the end thereof the following:- “; provided further, that not less than $8,000,000 shall be expended for the planning, design, or construction of transportation related improvements in the route 126/135 interchange area in the Town of Framingham;”.

Rejected
Clerk #38

At-Grade Rail Crossings in the Town of Ashland

Ms. Spilka moves to amend the bill (Senate Bill 2213), in SECTION 2A, in line item 6121-1217, by inserting at the end thereof the following:- “; provided further, that not less than $5,000,000 shall be expended for the planning, design, or construction of transportation related improvements in the area around the at-grade rail crossings in downtown Ashland;”.

Rejected
Clerk #39

MetroWest Regional Transit Authority

Ms. Spilka moves to amend the bill (Senate Bill 2213), in SECTION 2C, in line item 6622-1205, by inserting at the end thereof the following:- “; provided that not less than $5,000,000 shall be expended for the development of a facility for the operations, maintenance and demand respond dispatch of the MetroWest Regional Transit Authority;”.

Clerk #40

WITHDRAWN

Rejected
Clerk #41

Sound Barriers in the Town of Framingham

Ms. Spilka moves to amend the bill (Senate Bill 2213), in SECTION 2A, in item 6121-1217, by inserting at the end thereof the following:- “; provided further, that not less than $1,000,000 shall be expended for the construction of sound barriers along the Massachusetts Turnpike at Gina Circle in the Town of Framingham;”.

Rejected
Redraft Clerk # 42

WORCESTER AIRPORT

Messrs. Tarr, Knapik, Hedlund and Ross moves to amend the bill (Senate, No. 2213) by inserting at the end thereof the following new section:-

“Section __. There is hereby established a special commission to evaluate the feasibility of the continued operation of the Worcester Airport by the Massachusetts Port Authority, and to determine the most cost-beneficial means of maximizing the benefit to the citizens of the Commonwealth of this facility.
The Commission shall consist of the Secretary of Transportation or his designee, the Secretary of Administration and Finance or his designee, the executive director of the Massachusetts Aeronautics Commission or his designee, the Inspector General of the Commonwealth or his designee, the Secretary of Housing and Economic Development or his designee, the Mayor of the City of Worcester or his designee, and the Auditor of the Commonwealth or her designee.
Said commission shall evaluate the feasibility of the continued operation of the airport in its present form, and alternatives to maximize the benefit to the citizens of the Commonwealth and the airport, and to minimize its costs of operation. Said commission shall perform a cost-benefit analysis of maintaining the status quo, as well as any and all identifiable options, including but not limited to the sale or lease of the property. The commission shall conduct not less than one public hearing to inform its analysis.

Said commission shall make an initial determination as to the feasibility of the continued operation of the airport in its current form not later than 90 days following the passage of this act, and shall report that determination, together with the reasons therefore, to the clerks of the house of representatives and senate, the joint committee on transportation, and the house and senate committees on ways and means.

Said commission shall complete its ultimate findings and recommendations not later than 180 days following the passage of this act, and shall report them, together with any legislative recommendations to the clerks of the house of representatives and senate, the joint committee on transportation, and the house and senate committees on ways and means.”

Clerk #43

WITHDRAWN

Rejected
Clerk #44

Canals

Mr. Richard T. Moore moves to amend the bill (Senate, No. 2213) by inserting, in Section 2, in item 6121-1217, after the words “federally-aided projects” the following:- ", including, but not limited to, canals and other alternative transportation projects;” and

In the same item, by striking at the end thereof to the figure “$325,000,000” and inserting in place the figure “$330,590,000”.

ADOPTED
Clerk #45

Corrective Amendment         

Mr. Brewer moves to amend the bill (Senate, No. 2213), in section 2A, by striking, in lines 47 to 50, inclusive, the words “; and provided further, that the amounts specified in this item or for a particular project may be adjusted in order to facilitate other needs of the department”; and

in section 2D, by striking, in lines 91 to 93, inclusive, the words “; and provided further, that the amounts specified in this item or for a particular project may be adjusted in order to facilitate other needs of the department or other projects.”.