Bill S.2360

SENATE . . . . . . . . . . . . . . No. 2360

The Commonwealth of Massachusetts

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In the Year Two Thousand Twelve

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SECTION 1. To provide for a program of transportation development and improvements, the sums set forth in sections 2 to 2C, inclusive, 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 2.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Highway Division

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 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...................................................................$225,000,000

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 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 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

SECTION 2A.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Highway Division

6121-1217 For the design, construction and repair of, or improvements to, non-federally-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 associated costs; provided further, that those costs shall not be classified as administrative costs; provided further, that not less than $200,000 shall be expended for a project to increase access to the Mansfield railroad station commuter parking lots in the town of Mansfield; provided further, that not less than $1,000,000 shall be expended for the planning, engineering, design or construction of projects to mitigate the impact of the at-grade rail crossing including the impact on the delivery of emergency municipal services, including, police and fire services, in the town of Ashland; provided further, that $500,000 shall be expended for the right of way acquisition, planning, design or construction of the Assabet River rail trail; provided further, that funds shall be expended for the replacement of culverts and the repair of Sword street in the town of Auburn; provided further, that $500,000 shall be expended for signalization improvements at East Spring street, East Main street (route 28), and West Spring street in the town of Avon; provided further, that said signalization improvements shall be coordinated with the lights at the intersection of Harrison boulevard and East Main steet (route 28) in the town of Avon; provided further, that funds shall be expended for the design, engineering and construction of the reconfiguration of the Belmont rotary in the town of Bourne; provided further, that not less than $1,600,000 shall be expended for the reconstruction of Black Brook road in the town of Savoy; provided further, that not less than $2,700,000 shall be expended to complete phase 2 of the Blue Hills parkway project in the town of Milton; provided further, that funds shall be expended for the resurfacing of Bolyston street in the town of Shrewsbury; provided further, that $500,000 shall be expended for design and improvements at the intersections of Boston avenue with route 16 in the city of Somerville, Boston avenue and Winthrop street in the city of Medford, and pedestrian safety improvements on Winthrop street between Boston avenue and route 16 in the city of Medford; provided further, that $1,500,000 shall be expended for the design, construction, repair and improvements of the so-called Brimbal avenue interchange improvement project located at or near exit 19 in the city of Beverly and identified as MassHighway Project file no. 604369; provided further, that $1,500,000 shall be expended for the design and resurfacing of Brimfield road from the Brimfield/Holland town line to the intersection of Stafford street in the town of Holland; provided further, that $200,000 shall be expended for the design of the Bruce Freeman rail trail construction, phase 2B, in the towns of Acton and Concord; provided further, that not more than $1,000,000 shall be expended for a study of traffic issues and alternatives in the Canal area in the town of Bourne; provided further, that not less than $450,000 shall be expended for improvements to the roadway, pedestrian crossings, sidewalks and park entrances on Charles River road in the town of Watertown, conditioned on matching commitments of not less than $750,000 of additional funding from other public or private sources for improvement of the adjoining parklands; provided further, that not less than $900,000 shall be expended for drainage improvements, roadway restoration, reconstruction of sidewalks and intersection reconstruction at the intersections of Chestnut and Elm streets, as well as, Chestnut street and route 1 in the town of North Attleborough; provided further, that no less than $250,000 shall be expended for the town of Northborough for the permitting, engineering and replacement of the stone box culvert under Church street at Cold Harbor brook; provided further, that not less than $75,000 shall be expended for repairs to the Civil War Memorial bridge in the town of Abington; provided further, that not less than $950,000 shall be provided for planning, design and construction of signalization upgrades at the intersection of Morton street and Gallivan boulevard in the Mattapan section of the city of Boston; provided further, that not less than $2,300,000 shall be expended for construction on Route 140 between the Sterling town line and East Princeton Village; provided further, that no less than $1,500,000 shall be expended for pavement reconstruction, curbing and a new sidewalk from Laurel street to Dwight street in the town of Longmeadow; provided further, that not less than $1,000,000 shall be expended for maintenance and improvements to the intersection of route 1, route 109, the VFW parkway and Spring street in the West Roxbury section of the city of Boston and the town of Dedham; provided further, that not less than $400,000 shall be expended for the reconstruction and signalization design cost of the intersection of Washington street, Prospect street and Fulton street in the town of Norwood; provided further, that $75,000 shall be expended for pedestrian safety improvements on route 16 in the vicinity of Dilboy Stadium in the city of Somerville; provided further, that funds shall be expended for the replacement or repair of the Rawson street bridge in the town of Leicester; provided further, that not less than $3,000,000 shall be expended for the construction of a parking deck in the city of Westfield; provided further, that funds shall be expended for the design and reconstruction of route 106 from Whitman street to the Halifax town line; provided further, that not more than $500,000 shall be expended to improve safety with signalization, new geometry and related work on Elm street at Westfield street in town of West Springfield; provided further, that not less than $950,000 shall be expended for design and construction of reconfigured Jamaica way off-ramp at Pond avenue, and reconstruction of a portion of River road in the town of Brookline; provided further, that $2,600,000 shall be expended for the design and construction of the Essex coastal scenic byway connecting certain municipalities including, but not limited to, Lynn, Swampscott, Marblehead, Salem, Beverly, Manchester-by-the-Sea, Gloucester, Rockport, Essex, Ipswich, Rowley, Newbury and Newburyport; provided further, that funds shall be expended for surface and utility enhancements in the Everett avenue urban renewal district in the city of Chelsea; provided further, that funds shall be expended for the design and reconstruction of Ferry and Elm streets in the city of Everett and shall include sidewalks and upgraded crosswalks; provided further, that not less than $1,000,000 shall be used for the planning, engineering, design, or construction of projects to mitigate the impact of the at-grade rail crossing at the intersection of route 126 and route 135 in the town of Framingham; provided further, that funds shall be expended for the Highlands infrastructure improvements in the city of Melrose; provided further, that $2,287,500 shall be expended for the Winthrop street corridor project in the town of Winthrop; provided further, that $775,000 shall be expended for the construction of a municipal parking lot on Front street in the town of Winchendon; provided further, that $150,000 shall be expended for the design and installation of a panelized bridge on Glen Valley road in the town of Petersham; provided further, that $100,000 shall be expended on design and improvements along Gray street in the town of Arlington; provided further, that $100,000 shall be expended for the planning and installation of a traffic signal at the intersection of state highway route 16 and Hartford avenue in the town of Mendon; provided further, that $1,000,000 shall be expended for the design and reconstruction of Haynes Hill road and Paige Hill road in the town of Brimfield; provided further, that the department, while authorized to expend up to $300,000, shall retain an independent, third-party, nationally recognized consultant in hazmat transportation routing risk analysis to conduct a regional hazardous materials routing analysis which: (i) addresses the safe and efficient transportation of hazardous materials through and around the greater metropolitan Boston area; (ii) addresses the public safety capabilities, environmental considerations and infrastructure capacity of impacted communities ; and (iii) makes recommendations for improving the transportation of hazardous materials while safeguarding impacted communities; provided further, that not less than $150,000 shall be expended for design, planning and improvements of High street in the town of Bridgewater; provided further, that $3,500,000 shall be expended for the reconstruction of Humphrey street and Salem street in the town of Swampscott; provided further, that not less than $1,000,000 shall be expended for design, construction and engineering cost of a bike and pedestrian path along the hurricane barrier in the city of New Bedford; provided further, that not less than $500,000 shall be expended for the design, engineering and construction of a bike and pedestrian access way, including, but not limited to, any necessary bridge, to Palmer Island in the city of New Bedford; provided further, that funds shall be expended for storm water and drainage improvements in the Meadows area along the interstate 91 corridor to the Northampton Airport in the city of Northampton; provided further, that funds shall be expended to lengthen the acceleration and deceleration lanes at route 6A in the town of Sandwich; provided further, that $2,000,000 shall be expended for environmental reviews for the interstate highway route 93 interchange project in the towns of Andover, Tewksbury and Wilmington; provided further, that not less than $4,000,000 shall be expended to improve the John F. Kennedy memorial highway south of Elm street in the city of New Bedford and intersecting streets, which shall include improvements to car and pedestrian access across the highway to the waterfront; provided further, that $70,000 shall be expended for the reconstruction of sidewalks on Main street in the town of Charlton; provided further, that funds shall be expended to complete the construction of the Northern Strand community trail, bike to the sea trail, (located in the city of Malden; provided further, that not less than $1,000,000 shall be expended for improvements to the Massachusetts Central rail trail along the corridor extending through the towns of Wayland and Weston; provided further, that not less than $3,000,000 shall be expended for the construction of a bridge over the Massachusetts Bay Transportation Authority tracks on Main street in the town of Norfolk and to make the Massachusetts Bay Transportation Authority station in the town of Norfolk fully handicap accessible provided that municipal or private funding in the amount of $1 is contributed for every $3 of state funding; provided further, that $1,500,000 shall be expended for the replacement of the water main on Mechanic street in the town of Barre; provided further, that not less than $3,500,000 shall be expended for the redesign and construction of Melnea Cass boulevard in the city of Boston; provided further, that not less than $653,750 shall be expended for improvements for Granby road to Dale street in the town of Chicopee; provided further, that $400,000 shall be expended for improvements in the municipal parking facilities in the town of Arlington; provided further, that $2,000,000 shall be expended for the reconstruction and signalization improvements of Nashua road from Forest avenue to Oak terrace in the town of Dracut; provided further, that $300,000 shall be expended to reconstruct North avenue in the town of Mendon and provide signalization at the intersection of North avenue and Hastings street; provided further, that $528,000 shall be expended for the replacement of sewer and drainage lines and for the reconstruction of North Vine street in the town of Winchendon; provided further, that the department of transportation may expend not more than $5,000,000 on the installation of sound barriers on interstate 93 adjacent to the Nunnery Grounds neighborhood, so called, located between Cross street. and Mt. Vernon street in the city of Somerville; provided further, that funds shall be expended for drainage system repairs, slope stabilization and Norwottuck rail trail abutment stabilization at Old Water street in the city of Northampton; provided further, that not more than $1,900,000 shall be expended for the repair and reconstruction of the Oyster Harbor bridge that carries Bridge street over the channel connecting West Bay and North Bay in the village of Osterville in the town of Barnstable; provided further, that not less than $500,000 shall be expended for the planning, design and construction of parallel parking along Columbia Road from I street to Preble circle in the South Boston section of the city of Boston; provided further, that no less than $3,000,000 shall be expended for the Park avenue signalization project in the city of Worcester; provided further, that funds shall be expended for water, sewer, roadway and sidewalk improvements on Pine street and sidewalk improvements along North Pleasant street in the town of Amherst; provided further, that not less than $5,100,000 shall be expended for the reconstruction of roads, sidewalks, drainage and paving of Taylor avenue in the town of Plymouth; provided further, that not less than $50,000 shall be expended for the design of opticom traffic lights at the Seekonk public safety complex on route 44 and opticon traffic lights at the intersection of route 44 and Arcade avenue in the town of Seekonk; provided further, that not less than $1,000,000 shall be expended for site work, construction and implementation of a traffic light and subsequent road work to state highway route 53 and Plesant street in the town of Pembroke; provided further, that $750,000 shall be expended for the planning, design and construction of the lower, double barrel culverts of the Quequechan River under the Massachusetts Bay Transportation Authority railroad right of way at Battleship Cove in the city of Fall River; provided further, that $2,200,000 shall be expended for the design and reconstruction of Ravine and Hardwick roads in the town of New Braintree; provided further, that funds shall be expended for the full depth reconstruction of West street from the Woburn city line to the intersection of Longwood road and West street, including roadway work along the various side streets within that expanse, and for the installation of new granite curbing, ADA accessible sidewalks, improvements to the drainage system, installation of new pavement markings and signs, and fully actuated traffic signals along this stretch in the town of Reading; provided further, that not less than $250,000 shall be expended for the city of Marlborough for the design and right-of-way costs for roadway and sidewalk reconstruction of Maple street (route 85) from the Southborough town line to John street, in the city of Marlborough; provided further, that funds shall be expended for the design and reconstruction of the intersection of Crescent street, route 27, Quincy street and Massasoit boulevard in the city of Brockton; provided further, that not less than $1,500,000 shall be expended for the reconstruction of the Tiffany street intersection in the city of Attleboro; provided further, that not less than $300,000 shall be expended for the town of Berkley for permitting, engineering, total replacement and for the prevention of future deterioration and total collapse due to chronic flooding of the Bayview road and culvert at Bayview avenue and Shore road, in the town of Berkley; provided further, that not less than $1,000,000 shall be expended for private ways, curbing and sidewalk improvements for the city of Springfield; provided further, that not less than $2,000,000 shall be expended for roadway, curbing and sidewalk improvements on Main street from route 130 to route 6A and on Jarves street from Main street to route 6A in the town of Sandwich; provided further, that not less than $1,500,000 shall be expended for the resurfacing of route 3A in the town of Kingston; provided further, that not less than $800,000 shall be expended for the resurfacing or reconstruction, including minor drainage improvements of route 123 in the town of Norwell; provided further, that not less than $2,700,000 shall be expended for the reconstruction of the route 147 bridge over the Westfield river and associated intersection improvements in the town of Agawam; provided further, that not less than $25,000 shall be expended for route 28 safety improvements in the town of Barnstable; provided further, that $2,500,000 shall be expended for the reconstruction and improvement of Main street/route 38 from Old Boston road to Livingston street in the town of Tewksbury; provided further, that not less than $5,000,000 shall be expended on the route 3A project in the city known as the town of Weymouth at the base of the Fore River bridge extending southward to the intersection of Green street, Bridge street, and Neck street for the grading and paving of roadways, as well as, construction and repair of sidewalks as to conform to ADA standards, placement of light fixtures and ground mounted electronic signs to indicate bridge openings and current traffic conditions, and for the installation of below grade utilities, and the planting of trees and landscaping along the roadway; provided further, that not less than $350,000 shall be expended for the design and reconstruction of route 139 in the town of Abington; provided further, that not less than $250,000 shall be expended for the erection of a vehicular traffic-control signal on route 37 in the town of Braintree; provided further, that not less than $600,000 be expended for design and construction of route 140 between Mile Hill road and Gatehouse road in the town of Westminster; provided further, that not less than $4,025,000 shall be expended for the planning, design, construction and any other associated costs for drainage improvements along route 9 adjacent to Boulder brook and Morses pond in the town of Wellesley; provided further, that not less than $2,000,000 shall be expended for the planning, design, construction and rehabilitation of sidewalks on route 127 and route 133 in the city of Gloucester, and for sidewalk improvements around the city's elementary schools and on Railroad avenue leading to and from the train station in the city of Gloucester; provided further, that not less than $820,000 shall be expended for safety improvements by installing geometric improvements and full traffic signalization at the intersection of Glen road, Wildwood street and Middlesex avenue (route 62) in the town of Wilmington; provided further, that funds shall be expended for a multi-use path or sidewalk along Sandy Neck road from route 6A to the existing sidewalk at the town line in the town of Sandwich; provided further, that not less than $200,000 shall be expended for the purpose of completing work undertaken by the Mass Department of Transportation in constructing the Sea street bridge between the towns of Marshfield and Scituate; provided further, that not less than $200,000 shall be expended for sidewalk repairs along route 3A Northbound in the town of East Chelmsford, near the city of Lowell line, including installation of a raised curb and sidewalk repaving; provided further, that not less than $3,500,000 shall be expended for the reconstruction of sidewalks from intersection of Granite avenue and Gallivan boulevard, along Morrissey boulevards to 100 Morrissey boulevard at the University of Massachusetts at Boston in the Dorchester section of the city of Boston including sidewalk erosion remediation along Morrisey boulevard boatramp beach; provided further, that funds shall be expended for multi-use path or sidewalk from canal access road off Freezer road, where Marina path will end, to Main street in the town of Sandwich; provided further, that not less than $800,000 shall be expended for construction for a bicycle path with lighting and related streetscape amenities for the Slade's Ferry Landing redevelopment project located in the town of Somerset; provided further, that not less than $10,000,000 shall be provided for the design, reconstruction and safety improvements to Riverside road, Plainfield street, Fisk avenue, Birnie avenue and West street in the city of Springfield; provided further, that up to $400,000 shall be expended for a planning study of current and proposed Massachusetts Turnpike entrance and exit ramps in the Back Bay and Fenway sections of in the city of Boston, which study shall include an evaluation of changes to or demolition of some or all of the Bowker Overpass; provided further, that funds shall be expended for the redesign and reconfiguration of Rutherford avenue and Sullivan Square in the Charlestown section of the city of Boston; provided further, that not less than $450,000 shall be expended for the remaining design plan for the Summer street improvement project located in the cities of Fitchburg, Leominster and Lunenburg; provided further, that funds shall be expended for the reconstruction, renovation and improvement of the tourist information center and sanitary facility at the Swansea visitor's center on interstate 195 in the town of Swansea including, but not limited to, new building construction, light and safety projects, installation of water lines, landscaping, fencing and sign installation; provided further, that when the department upgrades sanitary facilities, it does so in such a way as to enhance the environment by utilizing zero pollution discharge technologies including recycling greywater systems; provided further, that $800,000 shall be expended for design, construction, right-of-way assembly and related project costs for transportation improvements to support the Tanner street redevelopment plan in the city of Lowell; provided further, that notwithstanding chapter 82 of the Acts of 1997, or any other general law or special law to the contrary, the town of Milton may make improvements, alterations or renovations to a certain parcel of land in the town of Milton, consisting of the overpass spanning interstate 93 in East Milton Square; provided, however, that no such improvements, alterations or renovations shall result in less than 40 per cent of said parcel remaining recreational, open or green space; provided further, that not less than $1,000,000 shall be expended to reimburse the town of Milton for planning, design and construction costs associated with such improvements, alterations or renovations to the parcel; provided further, that not less than $2,100,000 shall be expended for the planning, design, construction and any other associated costs for transportation improvements at the intersection of route 30, South avenue and Wellesley street in the town of Weston; provided further, that $408,000 shall be expended for the stabilization and reconstruction of the retaining walls and revetments at the water-sheet and subsequent milling and repaving of the landside area at Tudor Wharf in the town of Nahant; provided further, that $250,000 shall be expended for the study and design of a new bridge spanning the Merrimack River in the town of Tyngsborough; provided further, that not more than $100,000 shall be expended for the design, permitting, construction and right-of-way acquisition for phase I of the Veterans Memorial drive alternate route project in the town of Milford; provided further, that $1,600,000 shall be expended for the design and construction of the Ware River Valley rail trail from the Ware River to the Gilbertville covered bridge in the town of Ware; provided further, that not less than $750,000 shall be expended for the reconstruction of Washington Mountain road in the towns of Dalton, Becket and Washington; provided further, that not less than $2,000,000 shall be expended for the design and reconstruction of the West street bridge in the town of Ludlow; provided further, that not less than $400,000 shall be expended for traffic signals on route 109 in the town Westwood; provided further, that funds shall be expended for signalization and intersection improvements on route 27 at the intersection of South avenue and Franklin street in the town of Whitman; provided further, that $250,000 shall be expended for improvement designs to the intersection at Williams street and the Owen Gorden River parkway in the city of Taunton; provided further, that not less than $2,000,000 shall be expended for the demolition and replacement of the Woodlawn avenue railroad bridge in the city of Pittsfield so that the project is completed before the end of calendar year 2013; and provided further, that not less than $2,000,000 shall be expended for the construction of a new parking garage owned and operated by the Plymouth growth and development corporation in the town of Plymouth................................$325,000,000

SECTION 2B.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Rail and Transit Division

6622-1205 For the purposes of chapter 161B of the General Laws, including the purchase and rehabilitation of rolling stock, related assets and support equipment necessary to safely serve transit passengers, construction and rehabilitation of regional transit authority operations and passenger facilities, and purchase of related appurtenances and tools........................$11,000,000

SECTION 2C.

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 have the responsibility for evaluating and selecting 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 $1,500,000 shall be expended for the completion of work at the Blossom street extension and for a 1 time purchase of a commuter water shuttle for operation of the Lynn-Boston commuter ferry line in the city of Lynn; provided further, that $6,000,000 shall be expended for planning, design, relocation, construction and enhancement of the inbound and outbound station platforms of the Massachusetts Bay Transportation Authority Green Line B branch stations at the intersection of Wallingford road and Commonwealth avenue and the Washington street platform at the intersection of Washington street and Commonwealth avenue in the city of Boston, and planning, design, relocation, construction and enhancement of a center, side platform station of the Green Line B branch station located at the intersection of Lake street and Commonwealth avenue in the city of Boston; provided further, that not less than $2,000,000 shall be expended for the construction of a passenger rail platform, for the knowledge corridor passenger rail project, in the city of Holyoke; provided further, that not less than $1,500,000 shall be used for the planning, engineering, design or construction of a facility for the operations, maintenance and demand respond dispatch of the MetroWest Regional Transit Authority; provided further, that no less than $50,000 shall be expended for the city of Newton's conversion of the abandoned, Massachusetts Bay Transportation Authority controlled rail line parallel to Needham street in the city of Newton to a linear park, with potential future conversion to a green-line extension; provided further, that the Massachusetts Bay Transportation Authority shall deed to the town of Stoughton for consideration of $1 and an express promise to redevelop within 18 months, which redevelopment may include a sale or lease, a parcel of land at or near 45 Wyman street in the town of Stoughton, consisting of +\- 6,100 square feet of land improved by a vacant building known as the Stoughton Depot Building and an easement which will provide the right of access and use of 30 adjacent parking spaces; provided further, that nothing contained in the foregoing shall be interpreted to prohibit the Massachusetts Bay Transportation Authority from retaining an easement to operate and maintain any aspect of the station right-of-way, platforms and the bike racks and public waiting area under the roof overhangs, nor shall the town of Stoughton or any subsequent purchaser or lessee be relieved of any historical covenants on the property; provided further, that not less than $25,000 be expended to study improved pedestrian and bike access at and around the Wachusett commuter rail station; and provided further, that $2,000,000 shall be expended for the South Terminal Rail Extension in the city of New Bedford...........$300,000,000

SECTION 3. Item 7004-0097 of section 2E of chapter 122 of the acts of 2006 is hereby amended by striking out the words “provided further, that not less than $2,000,000 is to be appropriated to the City of Boston for a demonstration project to attempt to increase groundwater levels in a section of the City adjacent to the Southwest Corridor, with all phases of the design and implementation of the project to be overseen by the Boston Groundwater Trust; provided further, that such funds are to be expended with the advance agreement of the Boston Groundwater Trust and in consultation with, among others, the Massachusetts Bay Transportation Authority; provided further, that in undertaking management of the demonstration project, neither the City of Boston nor the Boston Groundwater Trust assume any liability for the cause of the low groundwater levels in this area, and nor does the success or failure of the project change any potentially responsible party’s accountability for the creation of the low groundwater problem”, inserted by section 12 of chapter 192 of the acts of 2006, and inserting in place thereof the following words:- provided further, that not less than $2,000,000 shall be appropriated to the Massachusetts Bay Transportation Authority for a demonstration project to increase groundwater levels in a section of the city of Boston adjacent to the Southwest Corridor, with all phases of the design and implementation of the project to be conducted in consultation with the executive office energy and environmental affairs, the city of Boston and the Boston Groundwater Trust; provided further, that such funds shall only be expended following the execution of a memorandum of understanding between the Massachusetts Bay Transportation Authority, the executive office energy and environmental affairs, the city of Boston and the Boston Groundwater Trust that details the design and review process of the demonstration project, the project management process and the consultation process amongst the parties;

SECTION 4. Item 2840-7014 of section 2A of chapter 312 of the acts of 2008 is hereby amended by striking out the words “provided further, that not less than $5,659,000 shall be expended for construction of a permanent ice skating rink in Jamaica Plain;” and inserting in place thereof the following words:- provided further, that not less than $5,659,000 shall be expended for construction of a permanent ice skating rink and recreation center in the Jackson Square section of Roxbury and Jamaica Plain in the city of Boston; provided further that these funds shall be provided to the developer designated by the city of Boston through the selection process initiated in July 2004 and following approval of the project through the city of Boston’s Article 80 process, which approval was granted on June 16, 2011 and documented in the approved memorandum to the Boston Redevelopment Authority of the same date;

SECTION 5. To meet the expenditures necessary in carrying out section 2, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate,$171,750,000. All bonds issued by the commonwealth shall be designated on their face, Transportation Improvement Loan Act of 2012, and shall be issued for a maximum term 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. All bonds shall be payable not later than June 30, 2047. All interest and payments on account of principal on these obligations shall be payable from the Commonwealth Transportation Fund. Notwithstanding any other provisions of this act, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 6. To meet the expenditures necessary in carrying out section 2A, 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, $325,000,000. All bonds issued by the commonwealth shall be designated on their face, Transportation Improvement Loan Act of 2012, and shall be issued for a maximum term 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. All bonds shall be payable not later than June 30, 2047. All interest and payments on account of principal on these obligations shall be payable from the Commonwealth Transportation Fund. Notwithstanding any other provisions of this act, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 7. 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, $11,000,000 which shall be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Transportation Improvement Loan Act of 2012, and shall be issued for a maximum term 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. All these bonds shall be payable not later than June 30, 2047. All interest and payments on account of principal on these obligations shall be payable from the Commonwealth Transportation Fund. Notwithstanding any other provisions of this act, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 8. To meet the expenditures necessary in carrying out section 2C, 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, $177,500,000 which shall be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Transportation Improvement Loan Act of 2012, and shall be issued for a maximum term 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. All these bonds shall be payable not later than June 30, 2047. All interest and payments on account of principal on these obligations shall be payable from the Commonwealth Transportation Fund. Notwithstanding any other provision of this act, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 9. Notwithstanding any general or special law to the contrary, in carrying out sections 2 to 2C, inclusive, and all other sections of this act, the Massachusetts Department of Transportation may enter into contracts, agreements or transactions that may be appropriate with other federal, state, local or regional public agencies or authorities. The contracts, agreements or transactions may relate to such matters as the department shall determine including, but not limited to, the research, design, layout, construction, reconstruction or management of construction of all or a portion of these projects. In relation to any such contracts, agreements or transactions the department may advance monies to these agencies or authorities, without prior expenditure by the agencies or authorities, and the agencies and authorities may accept monies necessary to carry out these agreements; provided, however, that the department shall certify to the comptroller the amounts so advanced; provided further, that these agreements shall contain provisions satisfactory to the department for the accounting of monies expended by any other agency or authority; and provided, further, that all monies not expended under any such agreement shall be credited to the account of the department from which they were advanced. The department shall report to the house and senate committees on ways and means on any transfers completed under this section.

SECTION 10. (a) Notwithstanding any other general or special law to the contrary, the Massachusetts Department of Transportation shall expend the sums authorized in section 2A for the following purposes: projects for the laying out, construction, reconstruction, resurfacing, relocation or necessary or beneficial improvement of highways, bridges, bicycle paths or facilities, on- and off-street bicycle projects, sidewalks, telecommunications, parking facilities, auto-restricted zones, scenic easements, grade crossing eliminations and alterations of other crossings, traffic safety devices on state highways and on roads constructed under clause (b) of the second paragraph of section 4 of chapter 6C of the General Laws, highway or mass transportation studies, including, but not limited to, traffic, environmental or parking studies, the establishment of school zones under section 2 of chapter 85 of the General Laws, improvements on routes not designated as state highways without assumption of maintenance responsibilities andprojects to alleviate contamination of public and private water supplies caused by the department’s storage and use of snow removal chemicals which are necessary for the purposes of highway safety and for the relocation of persons or businesses or for the replacement of dwellings or structures including, but not limited to, providing last resort housing under federal law and such functional replacement of structures in public ownership as may be necessary for the foregoing purposes and for relocation benefits to the extent necessary to satisfy the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601 et seq., Pub. L. 97-646, 84 Stat. 1864 (1971), and to sell any structure the title to which has been acquired for highway purposes. When dwellings or other structures are removed in furtherance of any of the foregoing projects, the excavations or cellar holes remaining shall be filled in and brought to grade within 1 month after the removal. In planning projects funded by said section 2A, consideration shall be made, to the extent feasible, to accommodate and incorporate provisions to facilitate the use of bicycles and walking as a means of transportation; provided, however, that nothing in this section shall be construed to give rise to enforceable legal rights in any party or a cause of action or an enforceable entitlement as to the projects described in this section.

(b) Funds authorized in section 2A shall, except as otherwise specifically provided in this act, be subject to the first paragraph of section 6 and sections 7 and 9 of chapter 718 of the acts of 1956, if applicable, and, notwithstanding any general or special law to the contrary, may be used for the purposes stated in this act in conjunction with funds of cities, towns and political subdivisions.

(c) In addition to the foregoing, the Massachusetts Department of Transportation may expend funds made available by this act to acquire from a person by lease, purchase, eminent domain under chapter 79 of the General Laws or otherwise, land or rights in land for parking facilities adjacent to a public way to be operated by the department or under contract with an individual; expend funds made available by this act for the acquisition of van-type vehicles used for multi-passenger, commuter-driven carpools and high-occupancy vehicles including, but not limited to, water shuttles and water taxis; and, under all applicable state and federal laws and regulations, exercise all powers and do all things necessary and convenient to carry out the purposes of this act.

(d) In carrying out this section, the Massachusetts Department of Transportation may enter into contracts or agreements with cities to mitigate the effects of projects undertaken under this act and to undertake additional transportation measures within the city and may enter into contracts, agreements or transactions with other federal, state, local or regional public agencies, authorities, nonprofit organizations or political subdivisions that may be necessary to implement these contracts or agreements with cities. Cities and other state, local or regional public agencies, authorities, nonprofit organizations or political subdivisions may enter into these contracts, agreements or transactions with the department. In relation to these agreements, the department may advance to these agencies, organizations or authorities, without prior expenditure by the agencies, organizations or authorities, monies necessary to carry out these agreements; provided, however, that the department shall certify to the comptroller the amount so advanced; provided further, that all monies not expended under these agreements shall be credited to the account of the department from which they were advanced. The department shall report to the house and senate committees on ways and means on any transfers completed under this subsection.

SECTION 11. Notwithstanding any other general or special law to the contrary, the Massachusetts Department of Transportation shall take all necessary actions to secure federal highway or transportation assistance which is or may become available to the department including, but not limited to, actions authorized under or in compliance with Title 23 of the United States Code, the Surface Transportation Act of 1987, Pub. L. 100-17, the Intermodal Surface Transportation Efficiency Act of 1991, Pub. L. 102-240, the Transportation Equity Act for the 21st Century, Pub. L. 105-178, the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Pub. L. 109-59, Implementing Recommendations of the 9/11 Commission Act of 2007, Pub. Law 110-53 and any successor acts or reauthorizations of those acts, and actions such as filing applications for federal assistance, supervising the expenditure of funds under federal grants or other assistance agreements and making any determinations and certifications necessary or appropriate to the foregoing. If a federal law, administrative regulation or practice requires an action relating to federal assistance to be taken by a department, agency or other instrumentality of the commonwealth other than the Massachusetts Department of Transportation, the other department, agency or instrumentality shall take such action.

SECTION 12. Notwithstanding any other general or special law to the contrary, all construction contracts funded in whole or in part by the funds authorized by this act shall include a price adjustment clause for each of the following: fuel, both diesel and gasoline, asphalt, concrete and steel. A base price for each material shall be set by the awarding authority or agency and included in the bid documents at the time a project is advertised. The awarding authority or agency shall also identify in the bid documents the price index to be used for each material or supply. The adjustment clause shall provide for a contract adjustment to be made on a monthly basis when the monthly cost change exceeds +/- 5 per cent.

SECTION 13. Notwithstanding any other general or special law to the contrary, section 61 and sections 62A to 62I, inclusive, of chapter 30 of the General Laws, chapter 91 of the General Laws and section 40 of chapter 131 of the General Laws shall not apply to bridge projects of the Massachusetts Department of Transportation and the Massachusetts Bay Transportation Authority for the repair, reconstruction, replacement or demolition of existing state highway, authority and municipally-owned bridges, including the immediate approaches necessary to connect the bridges to the existing adjacent highway and rail system, in which the design is substantially the functional equivalent of, and in similar alignment to, the structure to be reconstructed or replaced; provided, however, that said section 61 and said sections 62A to 62I, inclusive, of said chapter 30 shall apply to the repair, reconstruction, replacement or demolition project where the project requires a mandatory environmental impact report under 301 CMR 11.00; provided further, that all such work shall be subject to the requirements of the then current edition of the Massachusetts Department of Transportation’s Stormwater Handbook as approved by the department of environmental protection under applicable law, that notice shall be published in the Environmental Monitor of any application to the department of environmental protection for a water quality certification, and that the work shall be subject to performance standards prescribed by the department of environmental protection under section 401 of the Federal Clean Water Act if applicable to the project; provided further, that notwithstanding the foregoing, said section 61 and said sections 62A to 62I, inclusive, of said chapter 30, said chapter 91 and said section 40 of said chapter 131 shall apply to any portions of the bridge and roadway approaches to the crossing of the Charles river for the Central Artery/Tunnel Project. If any state highway, authority or municipal bridge crosses over a railroad right-of-way or railroad tracks, the department or authority, as applicable, shall seek the opinion of a railroad company, railway company or its assigns operating on the track of a necessary clearance between the track and the bridge, but the department and the authority and their agents or contractors may enter upon any right-of-way, land or premises of a railroad company or railway company or its assigns for purposes that the department or authority may consider necessary or convenient to carry out this section. If a flagman is needed to carry out the section, the railroad company, railway company or its assigns shall provide the flagman, the cost which shall be borne by the bridge project except in the case of a bridge transferred under chapter 634 of the acts of 1971. For the purposes of this section, “bridge” shall include any structure spanning and providing passage over water, railroad right-of-way, public or private way, other vehicular facility or other area. Any project exempted from any law under this section shall be subject to the public consultation process required by the then current version of the Massachusetts Department of Transportation’s Project Development and Design Guidebook.

SECTION 14. Notwithstanding any general or special law to the contrary, the unexpended balances of all capital accounts which otherwise would revert on June 30, 2012, but which are necessary to fund obligations during fiscal year 2013, are hereby re-authorized.

SECTION 15. Notwithstanding any general law or special law, or rule or regulation to the contrary, the Massachusetts Department of Transportation shall commission a study to determine the impact on the public safety of transporting ethanol by train through the cities 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. The report shall be completed not later than 6 months after the effective date of this act, and copies of the report shall be provided to the house and senate committees 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 cities of Boston, Revere, Everett, Cambridge and Chelsea until it has received the report.

SECTION 16. Notwithstanding any general or special law or regulation to the contrary, the Massachusetts Department of Transportation shall commission a study to determine the feasibility of constructing sound barriers along route 1 to coincide with future construction of route 1 or Copeland circle in the town of Revere.

SECTION 17. Notwithstanding any general law or special law to the contrary, the Massachusetts Department of Transportation shall determine if some or all of the state highway yard land located at Granite avenue in the town of Milton is no longer necessary for department needs, and if so, may transfer that portion deemed unnecessary to the town of Milton.

SECTION 18. Notwithstanding and general or special law to the contrary, the Massachusetts Department of Transportation shall develop standards for reviewing the state of repair of any bridges that span a public way. At the request of the governing body of a municipality in which such bridge is located, the department may, based upon such standards, make maintenance and repair recommendations for any such bridge that has, within the previous 10 year period, been used for the purpose of public safety. The standards shall be finalized not later than January 1, 2013.