HOUSE DOCKET, NO. 1320        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3034

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Cheryl A. Coakley-Rivera

_________________

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

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

An Act establishing more public input into public transit decisions.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1320        FILED ON: 1/16/2013

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3034

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand Thirteen

_______________

An Act establishing more public input into public transit decisions.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to provide for more public input into public transit decisions, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
 

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

SECTION 1.  Section 2 of chapter 6C of the General Laws, as appearing in section 3 of chapter 242 of the Acts of 2012, is hereby amended by inserting after the second sentence the following sentence:

At least 1 director shall be a person who regularly rides public transit (at least 100 trips per year) and who is not employed by the commonwealth and at least 1 director shall be a labor union representative chosen from a list of at least 3 persons nominated by the Massachusetts State AFL-CIO.

SECTION 2.  Section 2 of chapter 6C of the General Laws, as appearing in section 3 of chapter 242 of the Acts of 2012, is hereby further amended by inserting at the end of the section the following sentence:

Each meeting shall provide a sufficient opportunity for public comment.

SECTION 3. Section 5 of chapter 161B as appearing in the 2010 Official Edition of the General Laws is hereby amended by striking out the first sentence of the second paragraphs and inserting in place thereof:

One disabled person who uses paratransit service shall serve on the advisory board for a 2 year term and shall have 1 vote on the advisory board or the least number of votes of a municipality on the advisory board, whichever is greater.

SECTION 4. Section 5 of chapter 161B as appearing in the 2010 Official Edition of the General Laws is hereby amended by inserting after the first paragraph the following two paragraphs:

Two persons, or the number of persons reflecting 10 percent of the number of municipalities served by the transit authority, whichever is greater, shall serve on the advisory board as voting members representative of the transit riding population. These transit rider representatives shall be regular riders of public transit service (at least 100 trips per year) provided by the transit authority. At least 50 per cent of said transit rider representatives shall be transit-dependent. Each transit rider representative shall be appointed for a 2 year term and shall have 1 vote or the least number of votes of a municipality on the advisory board, whichever is greater. Every city or town in the region, on a rotating basis as determined by the board, shall appoint a transit rider representative successively, provided that there shall be a transit rider representative from each community that has at least 40 per cent of the population in the region served by the authority. The mayor or city manager and the chairman, town manager or town administrator shall appoint a transit rider resident of the city or town. The representative of a city or town may be reappointed after representatives from the other cities and towns within the region have served their 2 year terms.

The Governor shall appoint 2 persons to the advisory board who are representatives of labor unions, from a list of at least 6 persons nominated by nominated by the Massachusetts State AFL-CIO and its regional councils. The appointments shall reflect the various transit modes operated by the authority. Each appointment shall be for a 2 year term. Such persons shall each have 1 vote on the advisory board or the least number of votes of a municipality on the advisory board, whichever is greater.

SECTION 5. Section 5 of chapter 161B is hereby further amended by inserting after the last paragraph the following paragraph:

Each meeting of the advisory board shall provide a sufficient opportunity for public comment.

SECTION 6. Section 2 of chapter 161B as appearing in the 2010 Official Edition of the General Laws is hereby amended by inserting after the last paragraph the following paragraph:

Each authority shall complete a community-led service assessment and publish a report on the findings and recommendations by June 30, 2015. The assessment process shall be led by the transit rider representatives on each authority’s advisory board and shall be undertaken in consultation with the regional planning commission and the Massachusetts Department of Transportation and conducted at the expense of said department. There shall be opportunities for meaningful public input through the use of an advisory committee, surveys, community meetings, and the opportunity to comment on a draft report. The service assessment shall include a comprehensive market analysis, a performance analysis of existing service, the development and evaluation of alternative service scenarios, and the development of a recommendation to better align service with local and regional demand, the commonwealth’s environmental policies, and the region’s job creation goals.

SECTION 7.  The Secretary of Transportation shall determine by written report to the Governor, be completed and released to the public within one year, the feasibility of establishing one or more facilities for the purposes of overhaul and other major repair, manufacture or assembly, installation and upgrade of mass transit vehicles in service throughout the Commonwealth, utilizing existing funding sources and available project grants to ensure that safe, modern vehicles are in service in sufficient number to meet the needs of all citizens, and that the jobs and other infrastructure needs to accomplish these goals will be performed within the Commonwealth.  The Secretary is authorized to establish and operate any such facility or facilities which are deemed feasible by the Governor after completion of the written report.