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November 21, 2024 Rain | 46°F
The 193rd General Court of the Commonwealth of Massachusetts

Amendment S.2360 187th (2011 - 2012)

The committee on Ways and Means, to whom was referred the House Bill financing improvements to the Commonwealth’s transportation system (House, No. 4193) (the committee on Bonding, Capital Expenditures and State Assets having recommended that the bill be amended by substituting a new text numbered 2354) reports recommending that the Bonding, Capital Expenditures and State Assets recommended new text (Senate, No. 2354) be amended by striking out the text and inserting in place thereof the text of Senate document numbered 2360.

Bill Information

Sponsor:
Senate Committee on Ways and Means

[Text of the Senate amendment (Ways and Means) to the House Bill financing improvements to the commonwealth’s transportation system (House, No. 4193)]


Clerk #1

Local Project Funding

Mr. Michael Moore moves to amend the bill (Senate, No. 2360), in section 2A, in line item 6121-1217, by striking out, in line 54, the words “that funds” and inserting in place thereof the following words:- “that not less than $1,600,000” and further by striking out, in line 64, the words “that funds” and inserting in place thereof the following words:- “that not less than $750,000: and further by striking out, in line 100,  the words “that funds” and inserting in place thereof the following words:- “that not less than $1,000,000”. 

Clerk #2

Canal Street Reconstruction

Mr. Berry moves to amend the bill (Senate, No. 2360), in Section 2A, in item 6121-1217, by inserting the following:- “provided further, that $7,000,000 shall be expended for the reconstruction of Canal Street in the city of Salem”

Clerk #3

Brightman Street Bridge Bascules

Mr. Rodrigues moves to amend the bill (Senate, No. 2360) in section 2A, in line 6121-1217, by inserting the following: - "providing further, that $1,000,000 shall be expended to remove the center bascules of the Brightman Street Bridge spanning the Taunton River between the town of Somerset and the city of Fall River.”

Clerk #4

Brightman Street Bridge Razing

Mr. Rodrigues moves to amend the bill (>Senate, No. 2360) in section 2A, in line item 6121-1217, by inserting the following: - "providing further, that $3,000,000 may be expended to raze the Brightman Street Bridge spanning the Taunton River between the town of Somerset and the city of Fall River.”

Clerk #5

Iwo Jima Memorial Signs

Mr. Rodrigues moves to amend the bill (Senate, No. 2360) in section 2A, in line item 6121-1217, by inserting the following: -  “provided further that no less than $5,000 shall be expended for the Department of Transportation to erect three signs providing directions to the Iwo Jima World War II Memorial located at Bicentennial Park in Fall River”

Clerk #6

Greywater System Study

Mr. Rodrigues moves to amend the bill (Senate, No. 2360) in section 10A, by inserting the after “highway purposes” the following words: -  "; provided, however, that environmental studies conducted pursuant to this subsection may include an assessment of both existing and proposed highway rest stop facilities to determine the cost-effectiveness of sanitary facilities that utilize zero pollution discharge technologies, including recycling greywater systems.”

Clerk #7

Storm Water, Drainage and Other Infrastructure Improvements

Mr. Rosenberg moves to amend the bill (S. 2360) by striking, in line 144, the word “funds” and inserting in place thereof the following: - “not less than $4,000,000”; and by striking, in line 177, the word “funds” and inserting in place thereof the following:- “not less than  $1,000,000”;  and
by striking, in line 185, the word “funds” and inserting in place thereof the following:- “not less than  $2,000,000” .

Clerk #8

Dedication and Naming of the Hanson MBTA Train Station

Mr. Kennedy moves to amend the bill (Senate, No. 2360) by inserting at the end thereof the following Section:

“Section XX: The MBTA train station at Hanson on the Kingston/Plymouth Line is hereby renamed the ‘Lt. David C. Hall Train Station, Hanson’. There shall be a one-time disbursement of funds to be used for the creation of the signs at the station itself, which will continue to be abbreviated as the ‘Hanson’, station on all DOT materials."

Clerk #9

Worcester Wayfinder System

Ms. Chandler and Mr. Michael Moore move to amend the bill, (Senate, No. 2360), in Section 2A, in item 6121-1217 by adding at the end thereof the following:- “provided further, that not less than $3,000,000 shall be expended for the implementation of the Wayfinder System in the city of Worcester.”

Clerk #10

Halifax Route 58 Improvements

Mr. Kennedy moves to amend the bill (Senate, No. 2360) in section 2A, in item 6121-1217, by adding the following: “; provided further, that not less than $4,400,000 shall be expended for the design and reconstruction of Route 58 from Lingan Street to the Plympton town line in the Town of Halifax”.

Clerk #11

Hanson Route 14 Reconstruction

Mr. Kennedy moves to amend the bill (Senate, No. 2360) in section 2A, in item 6121-1217, by adding the following: “; provided further, that not less than $2,750,000 shall be expended for the design and reconstruction of Route 14 from Winter Street to the Pembroke town line in the Town of Hanson”.

Clerk #12

Easton Route 138/Elm Street Improvements

Mr. Kennedy moves to amend the bill (Senate, No. 2360) in section 2A, in item 6121-1217, by adding the following: “; provided further, that not less than $1,650,000 shall be expended for signalization and intersection improvements on Route 138 at Washington Street and Elm Street in the Town of Easton”.

Clerk #13

Easton Route 138/Union Street Improvements

Mr. Kennedy moves to amend the bill (Senate, No. 2360) in section 2A, in item 6121-1217, by adding the following: “; provided further, that not less than $1,650,000 shall be expended for signalization and intersection improvements on Route 138 at Washington Street and Union Street in the Town of Easton”.

Clerk #14

Marrett Road Sound Barrier Study

Ms. Fargo moves to amend the bill (Senate, No. 2360) by inserting, after the word “Somerville” in line 176 the following words:- “provided further, that funds shall be expended for the department of transportation to conduct a sound barrier study at the interchange of Marrett Road/Interstate 95 and Route 2A in the town of Lexington”

Clerk #15

Accountability and Safety in the Transportation of Goods by Motor Carriers

Mr. Timilty moves to amend the bill (S. 2360) by adding at the end thereof the following new Section:-

“SECTION X.  Chapter 85 of the Massachusetts General Laws, as appearing in the 2010 Official Edition, is hereby amended by inserting the following new section at the end thereof:-

Section __.  (a)  Notwithstanding any other provision of law, any provision, clause, covenant or agreement contained in a motor carrier transportation contract that purports to indemnify, defend or hold harmless, or has the effect of indemnifying, defending or holding harmless, an indemnitee from or against any liability for loss or damage resulting from such indemnitee's negligence or intentional acts or omissions shall be void and unenforceable. For the purposes of this section, "motor carrier transportation contract" means a contract, agreement or understanding entered into, renewed, modified or extended on or after July 1, 2012, concerning (1) the transportation of property for compensation or hire, (2) the entry on public or private property for the purpose of loading, unloading or transporting property for compensation or hire, or (3) a service incidental to the activities set forth in subdivisions (1) and (2) of this subsection.
“Motor carrier transportation contract” shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis or containers or other intermodal equipment.”

Clerk #16

Downtown Development

Mr. Timilty moves to amend the bill (S.2360) by inserting in item 6121-1217 the following:- “provided further, that not less than $1,000,000 shall be expended for improvements to traffic and pedestrian safety and upgrades for disability access in downtown Walpole;”.

Clerk #17

DAV Memorial Highway Braintree

Mr. Keenan moves that the bill (S2360) be amended in Section 2A by adding the following language:- “provided further, that provided further, that not less than $100,000 shall be expended for improvements to the Disabled American Veterans Memorial Highway in the town of Braintree”

Clerk #18

Hancock Street Quincy

Mr. Keenan moves that the bill (S2360) be amended in Section 2A by adding the following language:- “provided further, that not less than $670,000 shall be expended on the design and reconstruction of the intersection of Hancock Street, East Squantum Street and West Squantum Street”

Clerk #19

Howard Street intersection Quincy

Mr. Keenan moves that the bill (S2360) be amended in Section 2A by adding the following language:- “provided further, that not less than $1.2 million shall be expended on the design and reconstruction of the Rt. 53, Howard Street/East Howard Street intersection in the City of Quincy”

Clerk #20

Rt. 139 Holbrook

Mr. Keenan moves that the bill (S2360) be amended in Section 2A by adding the following language:- “provided further, that not less than $350,000 shall be expended for the design and reconstruction of the section of Route 139 in Holbrook east of Route 37”

Clerk #21

Sea Street Quincy

Mr. Keenan moves that the bill (S2360) be amended in Section 2A by adding the following language:- “provided further, that not less than $250,000 shall be expended for the design and reconstruction of the intersection near Sea Street and Murphy Memorial Drive in Quincy”

Clerk #22

Studley Pond Dam Rockland

Mr. Keenan moves that the bill (S2360) be amended in Section 2A by adding the following language:- “provided further, that not less than $1,600,000 shall be expended on the design, removal and replacement of the Studley Pond Dam along Route 123 in the Town of Rockland;”

Clerk #23

Washington Street Braintree

Mr. Keenan moves that the bill (S2360) be amended in Section 2A by adding the following language:- “provided further, that not less than $150,000 shall be expended for traffic flow improvements on Washington Street in the town of Braintree;”

Clerk #24

Weymouth Street Holbrook

Mr. Keenan moves that the bill (S2360) be amended in Section 2A by adding the following language:- “provided further, that not less than $250,000 shall be expended for the design and reconstruction of Weymouth Street in Holbrook”

Clerk #25

Union Station

Mr. Welch moves that the bill (Senate, No. 2360) be amended by inserting after the word “station”, in line 365, the following sentence:- “; provided further that not more than $6,000,000 shall be provided for the design and construction of the Springfield union intermodal station project, so-called, in the city of Springfield”

Clerk #26

Rehabilitation of the South Street East Bridge

Mr. Pacheco moves to amend the bill S.2360 in line item 6121-1217 by inserting at the end thereof the following: provided further, that not less than $150,000 shall be expended for the rehabilitation of the South Street East bridge in the town of Raynham

Clerk #27

Sound Barrier Dorchester

Mr. Hart moves to amend the bill (Senate, No 2360) by inserting at the end of section 2A, line item 6121-1217, the following:-“Provided further, that not less than $ 800,000 shall be expended for the design and construction of sound barrier behind McMorrow Park and Beach Street in the Dorchester section of city Boston along the MTBA Red Line.”

Clerk #28

Signalization & Pedestrian Upgrade Neponset Circle

Mr. Hart moves to amend the bill (Senate, No. 2360) by inserting at the end of section 2A, line item 6121-1217, the following:-“Provided further, that not less than $ 500,000 shall be expended for the planning, design and construction of signalization upgrades and pedestrian crossings at the intersection of Neponset Avenue, Morrissey Boulevard and Gallivan Boulevard in the Dorchester section of Boston commonly referred to as Neponset Circle.”

Clerk #29

Reconfiguration Mt. Vernon Street Dorchester

Mr. Hart moves to amend the bill (Senate, No. 2360) by inserting at the end of section 2A, line item 6121-1217, the following:-“Provided further, that not less than $ 6,000,000 shall be expended for the design and construction of the reconfiguration of Mt. Vernon Street in the Dorchester section of the city of Boston.”

Clerk #30

Security Cameras Harborwalk & Neponset River Greenway

Mr. Hart moves to amend the bill (Senate, No.  2360) by inserting at the end of Section 2A, line item 6121-1217, the following:-“Provided further, that not less than $ 250,000 shall be expended for the planning and installation of security cameras along the Neponset River Greenway bike trail and Harborwalk as it exists in the South Boston, Mattapan and Dorchester sections of the city of Boston.”

Clerk #31

South Main School Crossing

Mr. Ross moves to amend the bill (Senate, No. 2360) in section 2A, in item 6121-1217, by adding the following:-“; provided further, that not less than $160,000 shall be expended to make safety improvements for a walk to school crossing on South Main Street in the town of Natick”.

Clerk #32

Merrimack Street Corridor Improvements

Mr. Finegold moves to amend the bill (Senate, No. 2360) by inserting in section 2A, in line 311, after the figure “2013”, the following:-“provided further, that $7,200,000 be expended for the reconstruction and improvement of Merrimack street between Osgood Street and the southbound off ramp of interstate highway route 495 in the city of Lawrence;”; and by striking, in line 313 , the figure “$325,000,000” and inserting in place thereof the following figure:-“332,200,000”.

Clerk #33

Pine Hill Access Road in Sherborn

Mr. Ross moves to amend the bill (Senate, No. 2360) in section 2A, in item 6121-1217, by adding the following:- “; provided further, that not less than $1,000,000 shall be expended for the construction of the Pine Hill access road in the town of Sherborn”.

Clerk #34

Neponset River Greenway Bike Path

Mr. Hart moves to amend the bill (Senate, No. 2360) by inserting at the end of Section 2A, line item 6121-1217, the following:- “Provided further, that not less than $ 12,400,000 shall be expended for the planning, design and construction of the Neponset River Greenway bike path and pedestrian bridge in the Dorchester and Mattapan sections of city of Boston and town of Milton.”

Clerk #35

Holbrook Square

Mr. Ross moves to amend the bill (Senate, No. 2360) in section 2A, in item 6121-1217, by adding the following:-“; provided further that not less than $930,000 shall be expended for the design and reconstruction of the intersection of Exchange Street, Curve Street and Plain Street in the town of Millis”.

Clerk #36

Blackstone Canal Renovation

Mr. Richard T. Moore moves to amend the bill (Senate, No. 2360) in Section 2, in item 6121-1217, by inserting after the words “calendar year 2013;” in line 311 the following:- “; provided further, that not less than $5,590,000 shall be expended for the repair and rehabilitation of a section of the Blackstone Canal;”

Clerk #37

Blackstone River Greenway/Bikeway

Mr. Richard T. Moore moves to amend the bill (Senate, No. 2360) in Section 2, in item 6121-1217, by inserting after the words “calendar year 2013;” in line 311 the following:-“; provided further, that not less than $3,500,000 shall be expended for the state share of the final design, land acquisition, and construction of Phases 2,3,4 and 5 of the Blackstone River Greenway Bikeway;”

Clerk #38

Route 57 Improvements

Mr. Knapik moves to amend the bill (Senate, No. 2360) in section 2A, in line item 6121-1217, by inserting at the end thereof the following:- “and provided further, that not less than $2,000,000 shall be expended for the reconstruction of route 57 in the towns of Granville and Tolland”; and by striking out, in line 311, the word “and”.

Clerk #39

Mattahunt School Mattapan Student Pedestrian Safety

Mr. Hart moves to amend the bill (Senate, No. 2360) by inserting at the end of section 2A , line item 6121-1217, the following:-“Provided further, that not less than $ 800,000 shall be expended for the planning, design and construction of pedestrian crossings, sidewalks and lighting on Livermore and Hebron Streets in the Mattapan section of the city of Boston.”

Clerk #40

Norwood Ice Rink

Mr. Rush moves to amend the bill (S.2360) by inserting a new section:-

SECTION 19.  Chapter 312 of the Acts of 2008 is hereby amended, in Section 2A, in item 2840-7014 by inserting at the end thereof the following:-“; provided further, that not less than $5,659,000 shall be expended for the construction of a permanent ice skating rink in the town of Norwood”; and in said item, by striking out the figure “$205,732,000” and inserting in place thereof the following figure:-  “$211,391,000”. 

Clerk #41

Ludlow Mills, Ludlow

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $2,438,000 shall be expended for the reconstruction of Route 21 Intersection at Mass Pike Ramp, the Sewall, Center, State, and East Street  Intersection at North Side of Putts Bridge and the Main Street Intersection, in Springfield, at the South Side of Putts Bridge  in the town of Ludlow;”

Clerk #42

Eliminating Capitalized Operating Expenses

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 2360) by inserting after section __ the following section:-

“Section __.  Section 3 of Chapter 6C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following clause:-    
(49) to approve an annual operating and capital budget for the Department and its divisions and to recommend to the Governor and General Court annual appropriations for the Department; provided, however, the Department shall not, beginning in fiscal year 2015, recommend a budget that recommends funding personnel from the capital budget.”.

Clerk #43

Removing Personnel Costs

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 2360) by striking in lines 13-15, inclusive, the following words:- “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,”; and further by striking, in lines 28-30, inclusive, the following words:-“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 ,”.

Clerk #44

Bayberry Drive & Colony Road Paving, Hampden

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $163,400 shall be expended for the repaving, repair, and cleanup of Bayberry Drive and Colony Road in the town of Hampden;”

Clerk #45

Rose Kennedy Greenway

Mr. Petruccelli moves to amend the bill (Senate, No.2360) by inserting at the end of the bill the following new section:-

SECTION XX. Chapter 306 of the Acts of 2008 is hereby amended by adding the following Section 8A:-

SECTION 8A. The board shall comply with sections 18-25 of chapter 30A of the General Laws except as otherwise set forth below. The board shall be subject to oversight and enforcement by the Attorney General as set forth in sections 18-25 of chapter 30A of the General Laws, except as otherwise set forth below. Any lease between the department of transportation and the Conservancy described in Section 10 shall provide that any material failure of the board to comply with the provisions of sections 18-25 of chapter 30A that is not cured in accordance with the terms of the lease or as ordered by the Attorney General shall be considered a default under said lease, and shall be subject to such remedies for default set forth in said lease.

Notwithstanding anything in section 18-25 of chapter 30A of the General Laws to the contrary, the board may meet in executive session for any of the purposes set forth in section 21(a) of chapter 30A, as well as for the following purposes:

(a) To discuss fundraising and non-governmental revenue issues and opportunities, including but not limited to fundraising prospects, fundraising or grant agreements, or fundraising strategy; or

SECTION 2. Chapter 306 of the Acts of 2008 is herby amended by adding the following Section 8B:-   

SECTION 8B. The Board shall comply with the requirements of clause 26 of section 7 of chapter 4, section 10 of chapter 66. Provided further that any donations received by the Conservancy from a private individual, corporation, or any other private source shall be exempted from the provisions of this section. Any lease between the department of transportation and the Conservancy described in Section 10 shall provide that any material failure of the board to comply with the requirements of clause 26 of section 7 of chapter 4, section 10 of chapter 66 that is not cured in accordance with the terms of the lease, shall be considered a default under said lease, and shall be subject to such remedies for default set forth in said lease.

SECTION 3. Section 8 of Chapter 306 of the Acts of 2008 is herby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

The board of directors shall consist of 21 persons who shall be voting members. The by-laws shall contain provisions ensuring that as a director’s term expires, the board of directors fill each vacant position, provided that: (i) 1 such director shall be voted from nominees selected by the state representative representing the third suffolk district for a term of 5 years and 1 such director shall be voted from nominees selected by the state senator representing the first suffolk and first middlesex district for a term of 5 years; (iii) 2 directors shall be selected by the board from a list of names provided by the governor; (iv) 2 director shall be selected by the board from a list of names provided by the mayor of the city of Boston; (v) 1 director shall be selected by the board from a list of names provided by the Secretary of the Department on Transportation; (vi) 1 director shall be selected from a list of names provided by the Secretary of the Department of Energy and Environmental Affairs; (vi) 1 director shall be selected from a list of names provided by the North End/Waterfront Neighborhood Council; (vii) 1 director shall be selected from a list of names provided by the Wharf District Council; (viii) 1 director shall be selected from a list of names provided by the Chinatown Neighborhood Council; (ix) 1 director shall be selected from a list of names provided by the Leather District Neighborhood Association; (x) the remaining directors shall be selected for 3 year terms by a majority vote of said board then serving, notwithstanding the two term limited Board appointments from May of 2009. Those appointments shall expire and they shall revert to the North End/Waterfront Residents Association and the Chinatown Residents Association who shall each respectively submit a list of names for the board to select 1 director from each organization.

All directors and committee members shall serve without compensation. No director or committee member shall be deemed a public employee or a state, special state, municipal or special municipal employee or a civil officer by virtue of his position as a director or committee member. Other provisions relative to tenure, removal, resignation, quorum, meetings, notices, and the like shall be contained in the by-laws, which may be amended, revised and adopted by the conservancy as it deems appropriate and in a manner not inconsistent with this act or the agreement.

SECTION 4. Chapter 306 of the Acts of 2008 is herby amended by striking out Section 9 in its entirety.

Clerk #46

Freedom Trail Restoration

Mr. Petruccelli  moves to amend the bill (Senate, No. 2360) in section 2A, in item 6121-1217, in line 49, by adding after “Mansfield; ” the following:-“provided further, that $500,000 shall be expended for the design and construction of roadway and sidewalks along and adjacent to the Freedom Trail going through Marshall Street, between Union Street and Hanover Street in the city of Boston. “

Clerk #47

Chicopee & School Street Reconstruction, Granby

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $600,000 shall be expended for the reconstruction of Chicopee Street and School Street in the town of Granby;”

Clerk #48

Converse & Longmeadow Street Corridors, Longmeadow

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $4,500,000 shall be expended for the Converse Street Corridors, including Converse Street from Dwight Street to Longmeadow Street and Longmeadow Street from Converse Street to the Springfield town line in the town of Longmeadow;”

Clerk #49

Crack Filling, Hampden

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $60,000 shall be expended to fill the cracks in various roads in the town of Hampden;”

Clerk #50

Project Funding

Ms. Clark moves to amend the bill (Senate, No. 2360), by striking out, in lines 118 to 119, the words “provided further, that funds shall be expended for the Highlands infrastructure improvements in the city of Melrose”, and inserting in place thereof the following:- provided further, that $475,000 shall be  expended for the Highlands infrastructure improvements in the city of Melrose;

and by striking out, in lines 153 to 155, the words “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”, and inserting place thereof the following:- provided further, that $675,000 shall be expended to complete the construction of the Northern Strand community trail, bike to the sea trail, located in the city of Malden;

and by striking out, in lines 199 to 204, the words “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”, and inserting in place thereof the following:- provided further, that $4,000,000 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.

Clerk #51

Cox Street Bridge Design

Mr. Eldridge moves that the bill (Senate bill 2360) be amended in line item 6121-1217 by inserting the following additional language:- provided, that not less than $345,000  shall be expended for the design of the Cox Street bridge replacement over the Assabet River in the town of Hudson

Clerk #52

Project Labor Review

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 2350) by adding the following section:-

“SECTION __. A special commission is hereby established to consider the circumstances under which project labor agreements should be utilized, including consideration of their appropriateness and function, the impact of the agreements on the cost of the projects for which they are utilized, and the size, complexity and duration of the public construction projects for which they should be utilized. Said commission shall consist of: the secretary of administration and finance or designee thereof; the attorney general or designee thereof; the auditor or designee thereof; the commissioner of capital planning and operations or designee thereof; a representative of the Construction Industries of Massachusetts; a representative of the Massachusetts Building Trades Council; a representative of the Associated Builders and Contractors of Massachusetts; and a representative of the Association of Commercial and Industrial Builders of Massachusetts. Said commission shall report its findings, together with drafts of any legislation it recommends, to the joint committee on labor and workforce development not later than July 1, 2013.”.

Clerk #53

Marrett Road Sound Barrier Commission

Ms. Fargo moves to amend the bill (Senate, No. 2360) by inserting, after __, the following new section:-

 “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 at the interchange of Marrett Road/Interstate 95 and Route 2A in the town of Lexington”

Clerk #54

Route 30 reconstruction

Mr. Eldridge moves that the bill (Senate bill 2360) be amended in line item 6121-1217 by inserting the following additional language:- provided further that $1,000,000 shall be expended for the planning, design and reconstruction of Rte. 30 from Sears Road to Park Street in the Town of Southborough

Clerk #55

MBTA Station Naming Rights

Mr. Brownsberger, Ms. Chang-Diaz, and Mr. DiDomenico move to amend the bill (Senate, No. 2360) by inserting at the end of the bill the following new section:-

SECTION XX.  The Massachusetts Bay Transportation Authority shall not sell station naming rights pursuant to any corporate partnership program or otherwise in which the name of the entity being awarded naming rights comes before the station name.  The preceding sentence shall apply to the following 11 stations: Airport, Back Bay, Boylston, Copley, Downtown Crossing, Harvard, Kendall/MIT, North Station, Park Street, South Station, and State.  

Clerk #56

Laurel Street Pavement Preservation, Longmeadow

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $1,000,000 shall be expended on the pavement reconstruction , milling, and resurfacing of Laurel Street from Converse Street to Williams Street in the town of Longmeadow;”

Clerk #57

Longmeadow Street Preservation, Longmeadow

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $2,700,000 shall be expended on the pavement reconstruction , milling, and resurfacing of Longmeadow Street from Converse Street to the Enfield Town Line in the town of Longmeadow;”

Clerk #58

Main Street Drainage, Hampden

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $110,000 shall be expended for the replacement of the Main Street Drainage Culvert in the town of Hampden;”

Clerk #59

Route 27 Intersection

Mr. Eldridge moves that the bill (Senate bill 2360) be amended in line item 6121-1217 by inserting the following additional language:- provided further, that $100,000 shall be expended for the study, design, planning and construction of intersection improvements at the intersection of route 27 and Concord street in the town of Maynard

Clerk #60

BIG DIG COST ESTIMATES

Mr. Tarr moves to amend the bill (Senate, No. 2360) by inserting, after Section__, the following new Section:-

“SECTION__. Notwithstanding any general or special law to the contrary, the secretary of transportation shall file semi-annual reports on the total costs of the Central Artery/Third Harbor Tunnel project, including but not limited to, all state expenditures and interest payments on the project made to date, including maintenance and repair work, and all projected expenditures and interest payments to be made in the future, including the costs of all public transit improvement mitigation projects that have already been undertaken and/or completed, as well as the estimated costs of any mitigation projects for which commitments have been made and which have yet to be underaken.  The reports shall be filed with the joint committee on transportation, with the first report to be filed not later than March 15, 2013.

Clerk #61

Surplus Accountability

Messrs. Tarr, Hedlund, Knapik and Ross move to amend the bill (Senate, No. 2360) by inserting after Section _ the following section:-

Section __.  Section 28 of Chapter 6C of the General Laws, as appearing the in the 2010 Official Edition, is hereby amended by adding the following paragraph:-

The report shall include an analysis of any fund with a surplus.  Said analysis shall include, but not be limited to, the amount in surplus, an explanation of whether the surplus is necessary to the viability of the fund, anticipated future expenditures from the fund and any recommendations to eliminate an unnecessary surplus, including but not limited to reducing the amount of the fee or funding source of the fund; provided, however, that 6 months prior to filing the report the department shall provide notice of any funds with a surplus and the amount of the surplus. 

Clerk #62

APPOINTMENT OF SPECIAL INVESTIGATOR

Mr. Tarr moves to amend the bill (Senate, No. 2360) by inserting, after Section__, the following new Section:-   

 “SECTION__.  Notwithstanding any general or special law to the contrary, within 60 days of the passage of this act, the attorney general, the inspector general and the governor shall jointly appoint a special investigator who shall be authorized to investigate and identify potential sources of recovery on any present or reasonably foreseeable claims resulting from negligent or wrongful acts or omissions during the research, design, construction, reconstruction, or management of construction of the Central Artery/Third Harbor Tunnel project.  The special investigator shall file a report of his findings with the clerk of the senate and the clerk of the house of representatives, the joint committee on transportation, and the committees on ways and means of the house and senate no later than six months following the effective date of this act.”

Clerk #63

Mill Street Milling & Paving, Hampden

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $325,500 shall be expended for design, reconstruction, and safety improvements of Main Street from the White Birch Apartments to Scantic Road in the town of Hampden;”

Clerk #64

Sewall Street Intersection, Ludlow

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $1,035,000 shall be expended for the design and reconstruction of the intersection of Sewall, Center, State, and East Streets in the  town of Ludlow;”

Clerk #65

Mountain Road Ledge Removal, Hampden

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $110,00 shall be expended for all phases needed to complete the widening of Mountain Road in the town of Hampden;”

Clerk #66

Wilbraham Road Reconstruction, Hampden

Ms. Candaras moves that the bill be amended, in Section 2A, in item 6121-1217:-“provided further, that no less than $280,000 shall be expended on the reconstruction of Wilbraham Road in the town of Hampden;”

Clerk #67

Walk Winthrop Initiative

Mr. Petruccelli moves to amend the bill (Senate, No. 2360) in section 2A, in item 6121-1215, in line 121, by adding after “Winthrop ” the following:-provided further, that $475,000 shall be expended for the Walk Winthrop initiative in the town of Winthrop

Redraft Clerk #68

Alternative Fuel Access

Mr. Tarr moves to amend the bill (Senate, 2360) by inserting after Section __ the following section:-

Section__.  Chapter 6C of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by adding the following section:-

Section 74.  Notwithstanding any general or special law to the contrary, the department shall not enter into, renew, or renegotiate any contract providing for fuel services on service stations on the turnpike without the contract requiring the fuel provider to provide for the consumption of alternative fuel, as defined in section 1 of chapter 90.  

Clerk #69

MBTA Expansions

Mr. Tarr moves to amend the bill (Senate, No. 2360) 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 #70

John F Kennedy Memorial Highway in New Bedford

Mr. Montigny moves to amend the bill, S. 2360, by striking in lines 150-152 the following “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” and inserting in place thereof the following:-in New Bedford and intersecting streets, including access between the New Bedford waterfront and the Downtown Historic Arts and Cultural District

Clerk #71

Road Improvements Revere

Mr. Petruccelli moves to amend the bill (Senate, No. 2360) in section 2A, in item 6121-1217, in line 100, by adding after “Somerville; ” the following:-provided further that up to $10,000,000 for traffic and streetscape improvements on lower Revere and Ocean Avenue in the city of Revere.

Clerk #72

STATE PARKS AND FORESTS ROAD ACCESS

Mr. Tarr moves to amend the bill (Senate, No. 2360), in Section 2A, in item 6121-1217, by inserting at the end thereof the following language:- “provided further, that not less than $750,000 shall be expended for the improvement of roads which provide access to state parks and forests in the town of Ipswich”

Clerk #73

Gordon Owen River Parkway

Mr. Pacheco moves to amend the bill S.2360 in line item 6121-1217 by striking out the words     “Owen Gorden River parkway”inserting in place thereof the following words:  “Gordon Owen Riverway”

Clerk #74

ROUTE 114 SIDEWALK CONSTRUCTION

Mr. Tarr moves to amend the bill (Senate, No. 2360), in Section 2A, in item 6121-1217, by inserting at the end thereof the following language:- “provided further, that not less than $400,000 shall be expended for the construction of a sidewalk starting 500 feet south of Winneberg Road on the east side of route 114 and proceeding in a northerly direction for a total of 2,000 feet in the town of Middleton”

Clerk #75

SCHOOL HILL LANE

Mr. Tarr moves to amend the bill (Senate, No. 2360), in Section 2A, in item 6121-1217, by inserting at the end thereof the following language:- “provided further, that not less than $105,267 shall be expended for a road construction project on School Hill Lane in the town of North Reading”

Clerk #76

Alden Street in Fairhaven

Mr. Montigny moves to amend the bill, S. 2360, by inserting after the words  “calendar year 2013”, in line 311, the following:- “provided further the Alden Road from the Bridge Street intersection to Main Street (to the Acushnet Town line) be further reconstructed with upgrades of ADA accessibility ramps/sidewalks.”

Clerk #77

ROUTE 133 BOARDWALK AND PEDESTRIAN ACCESS FACILITIES

Mr. Tarr moves to amend the bill (Senate, No. 2360), in Section 2A, in item 6121-1217, by inserting at the end thereof the following language:- “provided further, that not less than $1,000,000 shall be expended for the planning, design and construction of a boardwalk and pedestrian access facilities on route 133 in the town of Essex”

Clerk #78

COUNTRY CLUB ROAD

Mr. Tarr moves to amend the bill (Senate, No. 2360), in Section 2A, in item 6121-1217, by inserting at the end thereof the following language:- “provided further, that not less than $100,000 shall be expended for Country Club Road in the town of North Reading”

Clerk #79

Mattapoisett bike trail

Mr. Montigny moves to amend the bill, S. 2360, by inserting after the words  “calendar year 2013”, in line 311, the following:- “provided further, that not less than $1,000,000 be expended to expand a bike trail from Mattapoisett Neck Road to Depot Street in Mattapoisett’

Clerk #80

SOUTH COAST RAIL INITIATIVE

Mr. Montigny moves to amend the bill, S. 2360, by inserting after the words “Wachusetts commuter rail station;”, in line365, the following: provided further that funds shall be directed for the design, permitting and construction of the South Coast rail line for the area south of the site known as Cotley Junction in Taunton”

Clerk #81

Commuter Rail Station in Revere

Mr. Petruccelli  moves to amend the bill (Senate, No. 2360) in section 2A, in item 6121-1217, in line 270, by adding after “Boston; ” the following:-provided further, that $500,000 may be expended for the design, siting and initial permitting for a commuter rail station at Wonderland Park in the city of Revere

Clerk #82

Padanaram Causeway in Dartmouth

Mr. Montigny moves to amend the bill, S. 2360, by inserting after the words  “calendar year 2013”, in line 311, the following:-“; provided further, that not less than $500,000 shall be expended for the design and construction of the Padanaram Causeway Rehabilitation Project in Dartmouth.”

Clerk #83

Acushnet River Bike Path Trail

Mr. Montigny moves to amend the bill, S. 2360, by inserting after the words  “calendar year 2013”, in line 311, the following:- “provided further, that $300,000 be expended for the preliminary design and engineering of the Acushnet River Bike Path Trail in Acushnet”

Clerk #84

Underground Utility Project

Ms. Fargo moves to amend the bill (Senate, No. 2360) by inserting, after __, the following new section:-  “Notwithstanding any general or special law or regulation to the contrary, not less than $300,000, for removal of aboveground utility poles, wires, and associated structures in the town of Chelmsford”

Clerk #85

Corrective Amendment

Mr. Brewer moves to amend the pending amendment (Senate, No. 2360) in section 2, in item 6121-1215, by inserting after the word “projects”, in line 15, the following words:- “; provided, however, that the secretary of transportation shall maximize efforts to utilize all available means to minimize use of capital funds to pay for salaries of department employees”; and

in said section 2, in item 6121-1216, by inserting after the word “projects”, in line 30, the following words:- “; provided, however, that the secretary of transportation shall maximize efforts to utilize all available means to minimize use of capital funds to pay for salaries of department employees”.

 

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