Amendment S.2308 187th (2011 - 2012)

[Text of the Senate amendment (Ways and Means) to the House Bill relative to an accelerated transportation development and improvement program for the Commonwealth (House, No. 4147)]

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Clerk #1

Medford Gatehouse

Ms. Jehlen moves to amend the bill Senate no. 2308, by striking section 2.

Clerk #2

WITHDRAWN

Clerk #3

MBTA assessments

Sen. Keenan moves that the bill be amended by adding the following new section:-

SECTION XX: Section 9 of Chapter 161A of the General Laws is hereby amended by adding the following paragraph:

“In the case where commuter rail service for a city or town assessed by the authority is reduced or eliminated, the city or town’s assessment shall be reduced by a share proportional to the loss in service.”

Clerk #4

Reducing diesel emissions

Sen. Keenan moves that the bill be amended by adding the following new section:-

SECTION XX: The authority shall conduct a study on the costs and benefits of retrofitting authority-owned buses that currently consume diesel fuels with engines fueled by compressed natural gas. The study shall take into consideration the costs of replacing the engines, projected prices for diesel fuel and compressed natural gas, any environmental impacts, whether there are state, federal, or private grant opportunities to help defray the cost of the work, and any other relevant factors. The authority shall forward the report to the Joint Committee on Transportation, the Joint Committee on the Environment, Natural Resources and Agriculture, the House Committee on Ways and Means and the Senate Committee on Ways and Means no later than Dec. 31, 2012.

Clerk #5

Competitive fare rates

Sen. Keenan moves that the bill be amended by adding the following new section:-

SECTION XX: Section 11 of Chapter 161A of the General Laws is hereby amended by adding the following new paragraph:-

“The authority shall annually analyze the average cost of commuting into the City of Boston from each of its fare zones, the purpose of which shall be to determine whether fares are competitive enough to encourage commuters to utilize mass transit. The analysis shall consider various modes of transportation including personal vehicles, light rail, subway, commuter rail, authority-operated or private-carrier buses, and ferries. The analysis shall look at the average costs both with and without the cost of parking at authority lots or private lots in the City of Boston factored in. In determining the average cost per zone, the analysis shall use at least five diverse geographical points per zone. The analysis may include factors such as wear-and-tear on personal vehicles, lost productivity due to roadway congestion, average miles per gallon efficiency for different vehicles, and any other factor it considers important so long as the analysis clearly states the financial impact the additional factors have on the final average cost. The report shall conclude whether fares are competitive enough to encourage commuters to utilize mass transit, and if not, what steps should be taken to make fares more competitive. The report shall be made public and posted in a conspicuous location on the authority website no later than April 1 of each year. 

Clerk #6

Parking fee pilot program

Sen. Keenan moves that the bill be amended by adding the following new section:-

SECTION XX: There shall be a pilot program examining the impact of reduced daily rates at authority-owned parking facilities on ridership rates. The pilot program shall include parking facilities at both commuter rail and subway stations. The pilot program shall also monitor parking activity at nearby non-participating parking facilities to determine whether the pilot program resulted in a net gain or loss of riders. Thirty days prior to the lower rates taking affect, the authority shall launch a promotional campaign to publicize the reduced rates and encourage utilization of mass transit. The Secretary of Administration & Finance shall transfer the sum of $5,000,000 from the Commonwealth Stabilization Fund into the Massachusetts Bay Transportation Authority State and Local Contribution Fund for the purposes of supporting the pilot program.  

Clerk #7

Haverhill/Reading Commuter Rail Line

Mr. Finegold moves to amend the bill (Senate, No. 2308) by inserting, in line 75, after the word "finance" the following:-"; provided, however, that such funds may not be transferred until the Massachusetts Bay Transportation Authority revises the schedule of the Haverhill/Reading commuter rail line to extend service for all trains currently terminating in Reading to Haverhill at the completion of the double tracking project funded by the American Recovery and Reinvestment Act of 2009."

Clerk #8

Regional Transit Authorities Forward Funding

Mr. Rosenberg moved that the bill be amended by inserting at the end thereof the following new sections:-

“Section  __. The commonwealth, acting by and through the executive office for administration and finance, shall enter into contract or contracts with regional transit authorities established under the provisions of Chapter 161 B of the General laws to provide for the payment of the principal and interest of any bonds issued by each authority to retire the full amount of revenue anticipation notes issued by the authority for contact assistance to be paid by the commonwealth to the authority.

Any debt service on bonds issued by an authority, for which contract assistance is provided, shall mature serially beginning not later than ten years after the date of issue and ending not later than forty years after the date of the bonds, so that the amounts payable in the several years for principal and interest combined shall be as nearly equal as in the opinion of the authority as is practicable to make them or, in the alternative, in accordance with a schedule providing a more rapid amortization of principal.

Section __   Notwithstanding the provisions of Chapter 161B each authority is hereby authorized to provide by resolution at one time or from time to time for the issue of bonds of the authority to provide for the financing end the current system of retroactive reimbursement of the Regional Transit Authorities established pursuant to Chapter 161B of the General Laws.

Bonds may be issued for any costs of the foregoing incurred either before or after the issue of the bonds. Bonds issued under the foregoing may be issued in sufficient amount to pay the expenses of issues and to establish such reserves as may be required by any applicable trust agreement or bond resolution provided however that no such bonds may be issued under this section without the prior approval of the secretary of administration and finance
The bonds of each issue shall be dated, shall bear interest at such rates, shall mature at such time or times not exceeding ten years from their date or dates as may be determined by the authority and may be made redeemable before maturity at the option of the authority at such price or prices and under such terms and conditions as may be fixed by the authority prior to the issue of the bonds. The authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and the manner of execution of the bonds, and shall fix the denomination or denominations of the bonds, and the place or places of payment of principal and interest, which may be at any bank or trust company within or without the commonwealth. In case any officer whose signature or a facsimile of whose signature shall appear on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes, the same as if he had remained in office until such delivery. All bonds issued under the provisions of this act shall have and are hereby declared to have all the qualities and incidents of negotiable instruments under the Uniform Commercial Code. The bonds may be issued in coupon or in registered form, or both, as the authority may determine, and provisions may be made for the registration of any coupon bonds as to principal alone, and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest and for the exchange of coupon and registered bonds. The authority may sell such bonds in such manner, either at public or private sale, and for such price as it may determine to be for the best interest of the authority.

The proceeds of such bonds shall be disbursed in such manner and under such restrictions, if any, as the authority may provide. The authority may also provide for the replacement of any bonds which shall become mutilated or shall be destroyed or lost. Bonds and bond anticipation notes may be issued under the provisions of this section without obtaining the consent of any department, division, commission, board, bureau or agency of the commonwealth, and without any other proceedings or the happening of any other conditions or things than those proceedings, conditions or things which are specifically required by this section. Provisions of this chapter relating to the preparation, adoption or approval of plans, programs, projects, budgets and expenditures shall not affect the issue of bonds and notes and the bonds and notes may be issued either before or after such preparation, adoption or approval.

While any bonds or notes issued or assumed by the authority remain outstanding, the powers, duties and existence of the authority and the provisions for payments by the commonwealth to the authority shall not be diminished or impaired in any way that will affect adversely the interests and rights of the holders of such bonds or notes.

In the discretion of the authority such bonds shall be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within the commonwealth. Either the resolution providing for the issue of bonds or such trust agreement may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the authority in relation to the acquisition, improvement, maintenance, operation, repair and insurance of property, and the custody, safeguarding and application of all moneys and may pledge or assign the revenues to be received, but shall not convey or mortgage any property.

Bonds issued under this chapter are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies, and savings banks, co-operative banks and trust companies in their banking departments, banking associations, investment companies, executors, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of a similar nature may properly and legally invest funds, including capital in their control or belonging to them, and such bonds are hereby made obligations which may properly and legally be made eligible for the investment of savings deposits and the income thereof in the manner provided by section fifteen B of chapter one hundred and sixty-seven. Such bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the commonwealth for any purpose for which the deposit of bonds or other obligations of the commonwealth now or may hereafter be authorized by law.

Any holder of bonds issued under the provisions of this chapter or of any of the coupons appertaining thereto, and the trustee under the trust agreement, if any except to the extent the rights herein given may be restricted by such resolution or trust agreement, may, either at law or in equity, by suit, action, mandamus or other proceedings, protect and enforce any and all rights under the laws of the commonwealth or granted hereunder or under such resolution or trust agreement, and may enforce and compel the performance of all duties required by this chapter or by such resolution or trust agreement to be performed by the authority or by any officer thereof.”

Clerk #9

Massachusetts Bay Transportation Authority Control Board 

Ms. Candaras and Messrs. Welch and Tarr move to amend the bill (Senate, No. 2308) by striking out SECTION 6 and inserting in its place thereof the new section:-

SECTION 6. Notwithstanding any general or special law or rule or regulation to the contrary, the registrar of motor vehicles shall transfer $2,000,000 from the Motor Vehicle Inspection Trust Fund to the Massachusetts Transportation Trust Fund; provided, that this transfer shall be made under a transfer schedule to be developed by the comptroller, after consulting with the secretary of transportation and the secretary of administration and finance. The schedule shall provide for transfers in increments considered appropriate to meet the cash flow needs of each fund and all transfers under the schedule shall be completed not later than June 30, 2013. Not later than 7 days after the schedules receive final approval by the comptroller, they shall be reported to the house and senate committees on ways and means. In fiscal year 2013 the secretary of transportation shall, upon certification by the comptroller that sufficient funds exist in the Massachusetts Transportation Trust Fund, transfer $2,000,000, in the aggregate, from the Massachusetts Transportation Trust Fund to the regional transit authorities organized under chapter 161B of the General Laws; provided, however, that: (i) notwithstanding section 23 of said chapter 161B, the $2,000,000 shall be distributed to each regional transit authority as supplemental assistance pro rata based upon the percentage of funds received by each regional transit authority from the total amount of state contract assistance distributed to the regional transit authorities in fiscal year 2012; (ii) such funds shall only be used to reimburse the authorities for the prior fiscal year’s “preventative maintenance expenses” of the vehicle fleet, as that term is defined within the federal national transit database definitions; and (iii) any regional transit authorities not required to file with the national transit database shall file with the Massachusetts Department of Transportation the same information required by the national transit database with respect to preventative maintenance expenses.; and by inserting the following sections:-

SECTION X. Notwithstanding any general or special law to the contrary, there is hereby established and set up on the books of the commonwealth the MBTA Fiscal Recovery Trust Fund, in this act called the fund, the sole purpose of which shall be to provide interest free loans to the MBTA. Effective June 30, 2012, the comptroller shall transfer to the fund $51,000,000 from the General Fund to the fund. The fund shall be established as a separate trust fund, subject to the control of the secretary for administration and finance, who shall serve as the trustee and who may approve without further appropriation interest-free loans from the fund to the MBTA. The loan shall be disbursed to the MBTA from time to time in such amounts and upon terms and conditions determined by the finance control board and approved by the secretary for administration and finance. These terms and conditions may provide that payment of money on account of tax receivables be paid over to the commonwealth to reduce any loan balance. The MBTA shall repay the loan on a schedule proposed by the finance control board and approved by the secretary for administration and finance. Any such repayment schedule proposed by the finance control board and approved by the secretary for administration and finance shall begin in fiscal year 2016. The MBTA shall repay the entire balance of amounts loaned pursuant to this section no later than June 30, 2020. This loan shall not be forgiven in whole or in part, and failure to repay the full value of loans disbursed from the fund to the MBTA shall result in an equally commensurate reduction in so called “contract assistance” payments established under Chapter 131 of the Acts of 2010, to the MBTA in fiscal year 2021. The repayments shall be deposited in the commonwealth's General Fund. Loan amounts from the fund may be expended for the 3-year operating expenses of the MBTA finance control board established in section 2, subject to the approval of the secretary for administration and finance. The secretary shall report quarterly to the house and senate committees on ways and means on expenditures made from the fund, including the amounts and purposes of expenditures for personnel costs, contracted personnel costs or consultant fees. Any amounts loaned to the MBTA from funds made available in this section shall be repaid to the commonwealth regardless of any actions taken by any trustees appointed on behalf of the MBTA pursuant to chapter 9 of Title 11 of the United States Code. The secretary shall report quarterly to the house and senate committees on ways and means on the amounts and purposes of expenditures made from the fund. The fund shall expire on June 30, 2021.

SECTION X. If the comptroller or the secretary for administration and finance determine that there are not sufficient funds in the General Fund to make the transfer pursuant to the previous section, the registrar of motor vehicles shall transfer $49,000,000 from the Motor Vehicle Inspection Trust Fund to the General Fund; provided, that this transfer shall be made under a transfer schedule to be developed by the comptroller, after consulting with the secretary of administration and finance.

SECTION X. (a) There shall be a MBTA a finance control board, in this act called the board, which shall consist of 5 members: 3 designees of the secretary of administration and finance all of who reside outside the MBTA service area, the Chair of the MBTA Board of Directors, and the Secretary of Transportation. The board shall act by a majority vote of all its members. The secretary for administration and finance, in this act called the secretary, may fix stipends to be paid to members of the board other than the Chair of the MBTA Board of Directors and Secretary of Transportation, which stipends shall be paid from directly from the trust established in section 1. The board shall initiate and assure the implementation of appropriate measures to secure the financial stability of the MBTA, and shall continue in existence until June 30, 2015, and thereafter for such period as the members may vote to continue its existence, provided however that the secretary of administration and finance may at any time abolish the board. The board shall be a state agency for the purpose of chapter 268A of the General Laws.
          (b) Action by the board under the authority of this act shall in all respects constitute action by the MBTA for all purposes under the General Laws and under any special law.
          (c) Until the board ceases to exist, no appropriation, borrowing authorization, transfer, or other spending authority shall take effect until approved by the board. The board shall approve all appropriations, borrowing authorizations, transfers, or any other spending authorizations, in whole or part.
          (d) In addition to the authority and powers conferred elsewhere in this act, and notwithstanding any MBTA provision, or local ordinance to the contrary, the board shall have the following powers:
                   (1) to amend the annual or supplemental budgets of the MBTA including the establishment, increase or decrease of any appropriations and spending authority for all aspects of the MBTA;
                   (2) to implement and maintain uniform budget guidelines and procedures for all departments;
                   (3) to amend, formulate and execute capital budgets, including to amend any borrowing authorization, or finance or refinance any debt in accordance with law;
                   (4) to amortize operational deficits in an amount and for such term as the secretary approves on an annual basis;
                   (5) to develop and maintain a uniform system for all financial planning and operations in all departments, offices, boards, commissions, committees, agencies or other units of the MBTA;
                   (6) to review and approve or disapprove all proposed contracts for goods or services;
                   (7) notwithstanding any general or special law to the contrary, to establish, increase, or decrease any fee, rate, or charge, for any service, license, permit or other activity, otherwise within the authority of the MBTA;
                   (8) notwithstanding any MBTA ordinance to the contrary, to appoint, remove, supervise and control all MBTA employees and have control over all personnel matters; the board shall hold all existing powers to hire and fire and set the terms and conditions of employment held by other employees or officers of the MBTA, whether or not elected; the board shall have the authority to exercise all powers otherwise available to the MBTA Board of Directors regarding contractual obligations during a fiscal emergency; and no MBTA employee or officer shall hire, fire, transfer or alter the compensation or benefits of any employee except with the written approval of the board. The board may delegate or otherwise assign these powers with the approval of the secretary;
                   (9) to alter the compensation of officials of the MBTA to reflect the fiscal emergency and changes in the responsibilities of the officials as provided by this act;
                   (10) to employ, retain, and supervise such managerial, professional and clerical staff as are necessary to carry out its responsibilities, with the approval of the secretary. The board, with the approval of the secretary, shall have authority to set the compensation, terms, and conditions of employment of its own staff. The compensation of personnel hired pursuant to this subsection shall be determined and fixed by the board and paid directly from the trust established in section 1. Staff hired under this subsection shall be deemed employees of the commonwealth, except such employees as the board formally designates independent contractors, but chapters 31 and 150E of the General Laws shall not apply to such employees.
                   (11) to reorganize, consolidate or abolish departments, commissions, boards, offices or functions of the MBTA, in whole or in part, and to establish such new departments, commissions, boards, offices or functions as it deems necessary, and to transfer the duties, powers, functions and appropriations of a department, commission, board or other unit to another;
                   (12) to appoint in consultation with the secretary persons to fill vacancies on any board, committee, department, or office acting in an advisory capacity to the board;
                   (13) to sell, lease, or otherwise transfer real property and other assets of the MBTA with the approval of the secretary;
                   (14) to purchase, lease, or otherwise acquire property or other assets on behalf of the MBTA with the approval of the secretary;
                   (15) to promulgate rules and regulations governing the operation and administration of the MBTA;
                   (16) to alter or rescind any action or decision of any, employee, board or commission within 14 days after receipt of notice of such action or decision;
                   (17) to suspend in consultation with the secretary such rules and regulations of the MBTA and to promulgate rules and regulations necessary to carry out this act; and
                   (18) to exercise all powers under the General Laws and this or any other special act, any provision or ordinance that any official of the MBTA may exercise, acting separately or jointly. With respect to any such exercise of powers by the board, the officials of the MBTA shall not rescind or take any action contrary to such action by the board so long as the board continues to exist; and  
                   (19) to develop a long range plan for MBTA financial and structural sustainability, included but not limited to an analysis of debt and contemplated expansion, specifically identifying expansion which is strictly necessary as a result of a legally binding agreements and other proposals that may not be financially viable.   

SECTION X. Within 30 days after the appointment of the board, but no later than September 1, 2012, the board shall make a preliminary report to the secretary of administration and finance and to the chairpersons of the house and senate committees on ways and means. The report shall present a preliminary analysis of the fiscal crisis of the MBTA and the board's preliminary finance and management plans to address the MBTA's operating and structural deficits.

SECTION X. Within 30 days after the appointment of the board, but no later than September 1, 2012, the board shall establish a liaison to the Office of the Attorney General. Such liaison shall be responsible for, but not limited to, providing the Attorney General with any concern that, in the opinion of the board, warrants further investigation.

SECTION X. (a) If the board established by section 2 concludes that its powers are insufficient to restore fiscal stability to the MBTA, it shall so notify the secretary for administration and finance, and shall forward to him a statement of the reasons why it has been unable to restore fiscal stability to the MBTA. Upon receipt of such statement, the secretary for administration and finance may terminate the existence of the board, notwithstanding section 2, and may appoint a receiver for the MBTA for a period as he may determine. The secretary may at any time and without cause remove the receiver and appoint a successor, or terminate the receivership. The secretary shall determine the salary of the receiver, which salary shall be payable by the MBTA.
          (b) The receiver shall have the following powers:-
                   (1) all powers of the finance control board under section 2. Such powers shall continue in the receiver and shall remain through the period of any receivership;
                   (2) the power to exercise any function or power of any officer or employee, whether elected or otherwise, specifically including the following powers:
                             (A) to order the reduction of service within the MBTA;
                             (B) to regulate the construction of buildings;
                    (3) the power to file a petition in the name of the MBTA under Chapter 9 of Title 11 of the United States Code, and to act on the MBTA's behalf in any such proceeding.
           (c) Upon the appointment of a receiver, the Board of Directors shall be abolished, and the receiver shall exercise all the powers of the Board of Directors under the General Laws, special laws, the MBTA charter and ordinances.

SECTION X. (a) The board shall submit reports to the house and senate committees on ways and means not later than October 1, January 1, April 1, and July 1 of each year, which shall provide a detailed accounting of all loan funds expended pursuant to section 2. The accounting shall itemize by recipient the amount of any stipends paid pursuant to section 4.
          (b) The board shall submit a report to the house and senate committees on ways and means not later than 5 days before the award of any no-bid contract to any private person or entity. This report shall disclose: (1) the terms of the anticipated contract, including but not limited to all monetary compensation; (2) the identity of the contractor and any subcontractor or affiliate of such contractor that would benefit under the contract; (3) a specific finding by the board that not using a competitive bidding process under the circumstances is necessary to ensure the provision of essential services to the MBTA; and (4) a certification by the board that it engaged in arms-length negotiations with the contractor and that the terms of the contract represent the best possible arrangement for the MBTA under the circumstances.
          (c) The finance control board shall submit a report to the house and senate committees on ways and means not later than 5 days before the award of any contract if, at any time within 3 years before the effective date of this act, any member of the finance control board or any employee or officer of the executive office of administration and finance served as an employee, member or general or limited partner of the contractor, its owners or affiliates. The report shall also disclose whether, at any time within 3 years before the effective date of this act, any member of the finance control board or any employee or officer of the executive office of administration and finance was required to file a statement pursuant to the Securities Exchange Act of 1934 as beneficial owner of more than 10 per cent of a class of the contractor's equity securities. This report shall disclose the terms of the anticipated contract, including but not limited to all monetary compensation, and the identity of the contractor and any subcontractor or affiliate of such contractor that would benefit under the contract.

SECTION X. This act shall be effective notwithstanding any enabling statute provision or ordinance to the contrary.

Clerk #10

Proportional Fare Increases

Ms. Chang-Díaz moves that the bill (Senate No. 2308) be amended by adding at the end thereof the following section:-

“Section XX.  Notwithstanding any general or special law to the contrary, neither the Massachusetts Bay Transportation Authority nor the regional Transit Authorities organized under 161B of the General Laws shall increase fares for paratransit services or fares for seniors, persons with disabilities, or elementary, junior high or high school students; provided however, such fares may be increased simultaneously with fares for other passengers on the Authority’s bus, subway, commuter rail, parking, or ferry services but only in an amount no greater than the average percentage increase in all fares.  For convenience of collection, such increase may be rounded to the nearest nickel. This prohibition shall be in effect until such time as the legislature reforms the transit funding structure.”

Clerk #11

Promoting Healthy Transportation

Ms. Fargo moves to amend the bill (Senate, No. 2308) by inserting, after the word “transportation” in line 146 the following words:- “The plan shall also ensure that transportation policies and infrastructure decisions affirmatively include a commitment to promote and/or enhance multiple modes of transportation including pedestrian, bicycle, and forms of public transportation and other transportation-related contributions that increase active lifestyles that improve public health and decrease childhood and adult obesity.” And further moves to amend the bill by inserting, after section __, the following new section:-  

“SECTION XX. (a) Notwithstanding any general or special law to the contrary, all local, regional and state roadway construction, reconstruction, and maintenance projects receiving state or federal transportation funding shall meet the guiding principle of the state roadway design guidelines, The Project Development and Design Guide, which states that roadways of the Commonwealth must safely accommodate all users of the public right-of-way including: pedestrians, (including people requiring mobility aids); bicyclists; drivers and passengers of transit vehicles, trucks, automobiles and motorcycles. The guidelines further state that designers and decision-makers are encouraged to fully consider these modes of transportation throughout the planning, design, and construction phases of projects.

(b) The secretary shall take actions to include a voting representative from the Executive Office of Health and Human Services on the board of the Boston Region Metropolitan Planning Organization and on other regional planning organizations. 

(c) All transportation and parking projects using state funds or requiring review under the Massachusetts Environmental Policy Act will include routine accommodations for non-motorized modes, such as bicycles, including parking and connections.

(d) Any transportation project using state funds or requiring review under the Massachusetts Environmental Policy Act that expands roadway capacity shall include plans and projects to specifically increase non-motor vehicle use in the communities to the same degree that roadway capacity is increased.”

Clerk #12

MBTA Advisory Board

Ms. Creem moves that the bill (Senate Bill 2308) be amended by adding the following section:-

“Section XX. Section 7A of chapter 161A of the General Laws is hereby amended by adding the following paragraph:- The advisory board may apply for, accept and receive grants from any private foundation or corporation or any governmental body or agency. The advisory board may form non-profit corporations in the manner prescribed in chapter 180”.

Clerk #13

MBTA Rail Expansion

Mr. Timilty moves to amend the bill (S. 2308) by adding at the end thereof the following new Section:-

“Section X.  Prior to expending any further funds for any rail expansion project, the Massachusetts Bay Transportation Authority or the state agency initiating said expansion of rail service shall conduct a cost analysis reflecting the profitability of said proposed project. This cost analysis shall include any and all costs associated with the project including debt service, construction costs, future maintenance and associated costs. The auditor of the commonwealth shall request that the administrator of the appropriate division of the Massachusetts Department of Transportation prepare said fiscal analysis, including life cycle costs, demonstrating that sufficient revenues exist or will be generated to operate and maintain in good repair said expansion. This analysis shall also be submitted to the joint legislative committee on revenue. If said cost analysis shows that expansion is deemed unprofitable, then said expansion will not proceed.”

Clerk #14

Ticket Expiration Dates

Mr. Timilty moves to amend the bill (S. 2308) by adding at the end thereof the following new Section:-

“Section X.  Notwithstanding any general or special law to the contrary, no pass purchased as part of a multi-ride pass for use on the commuter rail shall expire less than 1 calendar year from the date it is purchased.  No pass purchased for a single ride shall expire fewer than 90 days from the date it is purchased.”

Clerk #15

Internal Special Audit Unit Annual Report

Mr. Timilty moves to amend the bill (S. 2308) by adding at the end thereof the following new Section:-

“Section X.  Section 9 of chapter 6C of the General Laws is hereby amended by adding the following subsection:-

“(e) The director shall submit an annual report of the unit’s activities in the preceding calendar year, including but not limited to findings referred to the inspector general for investigation, to the Joint Committee on Transportation and to the House and Senate Committees on Ways and Means no later than March 15 of each year.”

Clerk #16

Chapter 90 Funding

Mr. Tarr moves to amend the bill (Senate, No. 2308) by inserting, after Section__, the following new Section:-

“SECTION__.  Section 6 shall not take effect until such time as the apportionment for the construction and reconstruction of town and county ways as described in clause (b) of section 4 of chapter 6C of the General Laws, commonly known as Chapter 90 program, for the 2012 calendar year is authorized by the General Court and approved by the Governor.”

Clerk #17

Chapter 90 Funding II

Mr. Tarr moves to amend the bill (Senate, No. 2308) by inserting at the end thereof the following new sections:-

“SECTION__. To provide for a program of transportation development and improvements, the sums set forth in section 2B, for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the laws regulating the disbursement of public funds. The sums appropriated in this act shall be in addition to any amounts previously appropriated and made available for these purposes.

SECTION 2B.     MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

6122-1223 For the construction and reconstruction of town and county ways as described in clause (b) of section 4 of chapter 6C of the General Laws, the “chapter 90 program”; provided that a city or town shall comply with the procedures established by the department of transportation; provided further, that any city or town may appropriate for these projects amounts not in excess of the amount provided to the city or town under this item, preliminary notice of which shall be provided by the department to the city or town not later than April 1 of each year; provided further, that the appropriation shall be considered as an available fund upon approval of the commissioner of revenue under section 23 of chapter 59 of the General Laws; and provided further, that the commonwealth shall reimburse a city or town under this item, subject to the availability of funds as provided in section 9B of chapter 29 of the General Laws, within 30 days after receipt by the department of a request for reimbursement from the city or town, which request shall include certification by the city or town that actual expenses have been incurred on projects eligible for reimbursement under this item, and that the work has been completed to the satisfaction of the city or town according to the specifications of the project and in compliance with applicable laws and procedures established by the department…………….$200,000,000

SECTION__. To meet the expenditures necessary in carrying out section 2B, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, the sum of $200,000,000. All the bonds issued by the commonwealth as aforesaid shall be designated on their face, Town and County Ways and Economic Development Loan, Act of 2012, and shall be issued for a maximum terms of years, not exceeding 30 years, as the governor may recommend to the general court under Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all these bonds shall be payable not later than June 30, 2047. All interest and payments on account of principal of these obligations shall be payable from the General Fund. Notwithstanding any other general or special law to the contrary, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.”

Clerk #18

Charlie Card on MBCR

Mr. Timilty moves to amend the bill (Senate 2308) in line 144, after the words “chapter 6C.”, by adding the following:-“The plan shall also consider the implementation of the Charlie Card system for use on the Massachusetts Bay Commuter Rail.”

Clerk #19

Commuter Rail Surcharge Protection

Mr. Tarr moves to amend the bill (Senate, No. 2308) by inserting at the end thereof the following section:-

“SECTION __.  Notwithstanding any general or special law to the contrary, the fare for a rider who boards the commuter rail at a station where the opportunity to purchase a fare ticket before boarding is not available shall not be greater than the fare charged to riders with an advanced purchase single ride ticket. 

SECTION _. Section _ shall take effect on July 1, 2012.”.

Clerk #20

Fare Evasion Study

Mr. Tarr moves to amend the bill (Senate, No. 2308) by inserting at the end thereof the following new Section:-

“SECTION_.  The Massachusetts Bay Transportation Authority shall conduct an investigation and study and issue a report on the issue of fare evasion and the failure to collect fares on authority services. The authority shall examine, report and make recommendations on topics including, but not limited to: (1) the extent to which fares are not collected; (2) the steps that have been taken to ensure that fares are collected; (3) estimates of the amount of fare revenue that is lost due to inadequate fare collection; and (4) recommendations to ensure that revenue collection is maximized.

The report and recommendations shall be filed with the clerks of the house and the senate, the house and senate committees on ways and means and with the joint committee on transportation.  Said report shall be filed annually until December 31, 2016, with the first such report issued not later than December 31, 2012.”

Clerk #21

Administrative Vehicles Report

Mr. Rush moves to amend the bill (Senate, No. 2308) by inserting at the end thereof the following section:-

“Section XX.  Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall submit a report to the house and senate committees on ways and means and the joint committee on transportation not later than August 31, 2012, which shall include the number of vehicles used at the Massachusetts Bay Transportation Authority for administrative functions and the cost of maintenance, insurance, and fuel associated with such vehicles.  The report shall also include the cost savings associated with the potential elimination of all administrative vehicles at the Authority.”

Clerk #22

Federal Commitments

Mr. Tarr moves to amend the bill (Senate, No. 2308) by inserting, after Section 2, the following 2 Sections:-

“Section 2A.  Section 10 of said chapter 161A, as so appearing, is hereby amended by inserting after the word “chapter”, in line 4, the following words:- ; provided, however, that notification of any formal communications attempting to secure federal assistance, together with the contents of said communications, are simultaneously transmitted to the house and senate committees on ways and means

Section 2B.  Said section 10 of said chapter 161A, as so appearing, is hereby further amended by inserting at the end thereof the following sentence:-  The chairman of the authority shall issue a quarterly report on communications with the federal government in furtherance of this section.  Said report shall include, but not be limited to, any actions by the authority committing or proposing to commit the state to provide financial assistance and shall be submitted to the house and senate committees on ways and means.”.

Clerk #23

MBTA Subway Zones

Mr. Timilty moves to amend the bill (Senate 2308) in line 144, after the words “chapter 6C.”, by inserting the following:- “The plan shall also consider the implementation of a tiered pricing system based on zones for use on Massachusetts Bay Transit Authority subway system, including but not limited to increases at exit based on line transfer or length of travel on the subway system.”

Clerk #24

MBTA Expansions

Mr. Tarr moves to amend the bill (Senate, No. 2308) by inserting, after Section__, 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 commuter line service through the creation of a new line, extension of a current line, or increasing use of a current line, until the authority submits a plan to the legislature on how the authority will pay for the proposed expansion and certifies that such expansion will not adversely affect existing services and that the fare recovery ratio for the expanded service will not be less than the fare recovery ratio for that particular mode of transportation system wide .”

Clerk #25

MBTA Financial Accountability

Mr. Tarr moves to amend the bill (Senate, No. 2308) by inserting, after Section__, the following new Section:-

 “Section _.  Chapter 161A of the General Laws, as so appearing, is hereby amended by adding at the end thereof the following section:-
Section 49. (a) The authority shall develop and operate, on its website, a searchable database accessible by the public at no cost that includes:

1. a complete accounting of all capital assets under the control of the authority, including the investment needed to maintain said assets in a state of good repair and an estimate of which fiscal year the asset will be placed on the capital investment program;
2. operating expenses;
3. monthly ridership data aggregated by each mode of transit provided by the authority;
4. the fare recovery ratios for each mode of transit provided by the authority; provided however, that such ratios shall be further aggregated for each commuter rail line; and
5. the financial plans, proposed by the authority, for any proposed expansion projects, which shall include but not be limited to, the development, conceptual planning, design and construction of any effort to expand the scope of MBTA services.

(b) The searchable database shall allow users to search electronically by field in a single search, aggregate the data, download information yielded by a search and, where possible, contain graphical representations of the data and a hyperlink to the actual grants issued.

(c) The searchable database shall include and retain information for each fiscal year for not less than 10 fiscal years.

(d) The authority shall update the searchable database as new data becomes available; provided that all applicable data must be updated at the close of each fiscal year.”.

Clerk #26

MBTA Legal Commitments

Mr. Tarr moves to amend the bill (Senate, No. 2308) by inserting, after Section__, the following new Section:-

“SECTION__.  The attorney general shall investigate and issue a report on federal laws or other legal commitments binding upon the Massachusetts Bay Transportation Authority resulting in proposed or contemplated service expansion.  The report shall include an analysis of  legally or contractually obligated service expansion, including but not limited to, the specific source of the obligation, the legal authority demanding fulfillment of the expansion, legal defenses that could reduce or eliminate the obligations, and the financial burdens of breaching the obligation.  The report and recommendations shall be filed with the clerks of the house and the senate, the house and senate committees on ways and means and with the joint committee on transportation not later than December 31, 2012.”   

Clerk #27

Multi-ride pass consumer protection

Mr. Tarr moves to amend the bill (Senate, No. 2308) by inserting at the end thereof the following 2 sections:-

“SECTION _.  Notwithstanding any general or special law to the contrary, no pass purchased for a single ride or as part of a multi-ride pass for use on the commuter rail will expire less than 90 days from the date of purchase.

SECTION _. Section _ shall take effect on July 1, 2012”

Clerk #28

Sponsorship Study

Mr. Tarr moves to amend the bill (Senate, No. 2308) by inserting, after Section__, the following new Section:-

“SECTION__.  The Massachusetts Bay Transportation Authority shall issue a report on revenues collected through the use of sponsorship agreements.  The report shall include, but not be limited to, an analysis of revenues collected, offers to sponsor which have been declined, and attempts to increase and promote sponsorship opportunities.  The report and recommendations shall be filed with the clerks of the house and the senate, the house and senate committees on ways and means and with the joint committee on transportation.  Said report shall be filed with the clerks of the house and the senate, the house and senate committees on ways and means and with the joint committee on transportation not later than December 31, 2012.”.

Clerk #29

Transportation Planning

Ms. Spilka moves to amend the bill (Senate No. 2308), in SECTION 9, in first paragraph by inserting at the end thereof the following new sentence:- “The plan shall be developed after consultation with the regional transit authorities, the regional planning agencies established pursuant to chapter 40B of the General Laws, and after holding at least six public hearings in the various regions of the commonwealth.”  And by further amending said SECTION 9 in the second paragraph by striking out the fourth sentence and inserting in place thereof the following sentence: “The baseline assessment shall project capital spending for the maintenance of the existing system to achieve a state of good repair, for the completion of all expansion projects the commonwealth is legally bound to complete, and capital improvements and projects included in the fiscally-constrained long-range transportation plans mandated by federal law.”

Clerk #30

Needham Line Weekend Service

Mr. Ross moves to amend the bill (Senate, No. 2308) in section 8 by adding, in line 110, after the word “Rail”, the following words:- “and the Needham Line”;  and by striking in line 110 the word “service” and inserting in place thereof the following word:- “services”; and by striking in line 111 the word “service” and inserting in place thereof the following word:- “services”.

Clerk #31

Needham Line Weekend Service

Mr. Rush moves to amend the bill (Senate, No. 2308) in section 8 by adding, in line 110, after the word “Rail”, the following words:- “and the Needham Line”;  and by striking in line 110 the word “service” and inserting in place thereof the following word:- “services”; and by striking in line 111 the word “service” and inserting in place thereof the following word:- “services”.

Clerk #32

Study of the impact of MBTA fare increases on seniors, persons with disabilities, and students

Mr. Brownsberger moves to amend the bill by adding the following section:

“SECTION XX. There shall be a study of the impact of the MBTA fare increases effective July 1, 2012 on seniors, persons with disabilities, and students. The study shall include, but not be limited to, the impact of the fare increases on their finances, health, employment, education, and quality of life. The study shall also examine and propose possible ways of mitigating these impacts. The study shall be conducted jointly by the Executive Office of Elder Affairs, the Office of Disability, and the Department of Elementary and Secondary Education.  The MBTA shall cooperate and provide all information necessary to prepare the report. The report, together with any recommendations for legislative or administrative action, shall be submitted by January 1, 2013 to the joint committee on transportation, the Senate and House committees on Ways and Means and the MBTA.”

Clerk #33

Long-term surfacing transportation financing plan additions

Mr. Eldridge moves that the bill (Senate, No. 2308) be amended in Section 9 in line 115 by adding the following words:-The plan shall be developed after consultation with the regional transit authorities, the regional planning agencies established pursuant to chapter 40B of the General Laws, and after holding at least six public hearings in the various parts of the commonwealth.

And further amends the bill in line 126 by striking the words “and for” and inserting in place thereof the following words:-in a state of good repair, for the completion of all

And further amends the bill in line 126 by inserting after the word “complete” the following words:-, and any other capital improvements and projects included in the fiscally-constrained long-range transportation plans mandated by federal law.

And further amends the bill in line 139 after the words “projects that would expand” the following words:-improve or

Clerk #34

RTA Funding

Mr. Timilty moves to amend the bill (S. 2308) in line 81, by striking the figure “49,000,000” and inserting in place thereof the following figure:-“45,000,000”; and in line 86, by striking the figure “2,000,000” and inserting in place thereof the following figure:- “6,000,000”.

Clerk #35

Loan to MBTA

Mr. Tarr moves to amend the bill (Senate, No. 2308) by striking Section 6 in its entirety and inserting in place thereof the following section:-

“SECTION 6.  Notwithstanding any general or special law or rule or regulation to the contrary, the registrar of motor vehicles shall loan $51,000,000 from the Motor Vehicle Inspection Trust Fund to the Massachusetts Transportation Trust Fund; provided, that this loan shall be made under a schedule to be developed by the comptroller, after consulting with the secretary of transportation and the secretary of administration and finance. The schedule shall provide for transfers in increments considered appropriate to meet the cash flow needs of each fund and all transfers under the schedule shall be completed not later than June 30, 2013. Not later than 7 days after the schedules receive final approval by the comptroller, they shall be reported to the house and senate committees on ways and means.  In fiscal year 2013 the secretary of transportation shall, upon certification by the comptroller that sufficient funds exist in the Massachusetts Transportation Trust Fund, transfer $49,000,000, in the aggregate, from the Massachusetts Transportation Trust Fund to the Massachusetts Bay Transportation Authority or any fund controlled by the authority; provided further, that $2,000,000, in the aggregate, shall be  transferred from the Massachusetts Transportation Trust Fund to the regional transit authorities organized under chapter 161B of the General Laws; provided, however, that: (i)  notwithstanding section 23 of said chapter 161B, the $2,000,000 shall be distributed to each regional transit authority as supplemental assistance pro rata based upon the percentage of funds received by each regional transit authority from the total amount of state contract assistance distributed to the regional transit authorities in fiscal year 2012; (ii) such funds shall only be used to reimburse the authorities for the prior fiscal year’s “preventative maintenance expenses” of the vehicle fleet, as that term is defined within the federal national transit database definitions; and (iii) any regional transit authorities not required to file with the national transit database shall file with the Massachusetts Department of Transportation the same information required by the national transit database with respect to preventative maintenance expenses.  The Authority shall repay the loan on a schedule proposed and approved by the secretary for administration and finance. Any such repayment schedule shall begin in fiscal year 2016. The Authority shall repay the entire balance of amounts loaned pursuant to this section no later than June 30, 2020. This loan shall not be forgiven in whole or in part, and failure to repay the full value of loans disbursed to the Authority shall result in an equally commensurate reduction in so called “contract assistance” payments established under Chapter 131 of the Acts of 2010, to the Authority in fiscal year 2021. The repayments shall be deposited in the commonwealth's General Fund. Any amounts loaned to the Authority from funds made available in this section shall be repaid to the commonwealth regardless of any actions taken by any trustees appointed on behalf of the Authority pursuant to chapter 9 of Title 11 of the United States Code.”

Clerk #36

Corrective Amendment

Mr. Brewer moves to amend the bill (Senate, No. 2308), in section 9, by striking out, in line 158, the words “December 31, 2012” and inserting place thereof the following words:- “January 23, 2013”.