Amendment #1 to H.3763

An Act financing improvements to the Commonwealth’s transportation system

recommend that the bill be amended An Act financing improvements to the Commonwealth’s transportation system.



Whereas, The deferred operation of this act would tend to defeat its purpose, which is to forthwith finance improvements to the commonwealth’s transportation system, 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. To provide for a program of transportation development and improvements, the sums set forth in sections 2 to 2G, 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

6121-1314 For projects on the interstate and 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; 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 .................................................................................................... $1,900,000,000

SECTION 2A.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Highway Division

6121-1317 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 department may use these funds for the purchase and rehabilitation of facilities, heavy equipment and other maintenance equipment; provided further, that not less than $377,255,000 shall be expended for the design, construction and repair of, or improvements to pedestrian, bicycle and multi-use pathways and provided further, that the amounts specified for such improvements to pedestrian, bicycle and multi-use pathway may be adjusted in order to facilitate projects relating to the design, construction, repair or improvement to non-federally-aided roadway projects; provided that not less than $1,200,000 be expended for improvements to the intersection of Sea Street and Quincy Shore Drive in city of Quincy; provided further, that not less than $4,500,000 shall be expended to replace Sherman’s Bridge connecting the Town of Sudbury and the town of Wayland; provided further, that not less than $25,000,000 shall be expended for upgrades to Ruggles MBTA Station in the city of Boston; provided further, that not less than $38,000,000 be expended for Dedham Street Corridor Improvements, including the I-95 NB ramp onto Dedham Street in the town of Canton; provided further, that not less than $17,000,000 shall be expended for improvements on the Needham Street and Highland Avenue corridor in the town of Needham and the city of Newton; provided further, that not less than $250,000 shall be expended to for traffic signals and roadway and sidewalk construction at the intersection of Allen Street and Rockdale Avenue in New Bedford; provided further, that not less than $50,000 shall be expended for an engineering study to examine the feasibility of reconstructing the intersection of I-95 and Route 3 in the town of Burlington; provided further, that not less than $3,500,000 shall be expended for infrastructure and road improvements at the intersection of Interstate 95, South Main Street, and Old Post Road in the town of Sharon; provided further, that a cleanup plan be in place by June 30, 2014 for the back side of the Riverside MBTA Station and to work with DCR to provide for recreational connections to the Charles River through MBTA property to DCR property and including the entrance to the rail trail to Newton Lower Falls located in the northwest corner of the Riverside MBTA station; provided further, that not less than $5,600,000 shall be expended for the design and reconstruction of Haydenville Road and Mountain Street in the towns of Whately and Williamsburg; provided further, that not less than $2,358,000 shall be expended for the construction of the new Marion Street Bridge in the town of Natick; provided further, than an amount not to exceed $1,000,000 shall be expended for the purpose of studying the feasibility and economic impact of constructing an additional exit ramp, roadway or slip ramp on route 3 connecting state highway 139 located in the town of Marshfield between exits presently numbered twelve and eleven in the vicinity of Enterprise Drive; provided further, that not less than $1,500,000 be expended to construct a connector road system and bike path system connecting Edgartown-Vineyard Haven Road to State Road on Martha’s Vineyard; provided further, that not less than $500,000 be expended for Padanaram Bridge repair and reconstruction in the town of Dartmouth; provided further, that not less than $750,000 shall be expended for construction of the Gardner Street Sound Barrier in the town of Rockland; provided further, that not less than $5,000,000 shall be expended on an analysis of transit capacity issues in Greater Boston, including recommendations and preliminary engineering for addressing these challenges; provided further, that not less than $205,273 shall be expended to repair a roadway shoulder failure across from 325 Worcester Street in the town of West Boylston; provided further, that not less than $2,500,000 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 not less than $2,000,000 shall be expended to reconstruct roadways, sidewalks, lights and traffic signals on Rivet Street between Route 18 and Goulart Square in New Bedford and County Street between Rivet Street and Cove Road in New Bedford; provided further, that repairs be made to address the drainage problem (culvert needed) caused by Interstate 195 construction on property owned by the town of Marion, east of Station 548+32 (east side), on MassDOT layout 5865, sheet 19; provided further, that not less than $30,000,000 shall be expended for the repair of the Wamsutta Street Railroad Bridge in the city of New Bedford; provided further, that not less than $1,000,000 be expended for improvements to Tatnuck Square, including traffic signals, traffic mitigation, and lighting in the city of Worcester; provided further, that not less than $1,000,000 be expended for street paving on North Main Street from Royal Crest Drive to Pleasant Street in the town of Randolph; provided further, that not less than $500,000 be expended for the planning, design, and permitting for the Route 79 Davol Street Boulevard Project in the city of Fall River; provided further, that not less than $5,000,000 shall be expended to improve Route 18 south of Walnut Street in New Bedford and intersecting streets, which shall include boulevard improvements to car and pedestrian access across the highway to the waterfront; provided further, that not more than $175,000 be expended to upgrade and create a scenic pedestrian riverwalk and a bicycle lane along Riverside Avenue from the Buffington Street intersection to the South Street intersection in the town of Somerset; provided further, that not less than $1,000,000 be expended for a sound barrier along Fenno Street and Spring Avenue/Route 1 in the city of Revere; provided further, that not less than $2,500,000 shall be spent on the construction of a walkway on top of the hurricane barrier from West Rodney French Blvd. to Padanaram Ave. along Clark’s Cove in New Bedford; provided further, that not less than $1,000,000 be expended for a sound barrier along Sargent Street and Jefferson Drive/Route 1 in the city of Revere; provided further, that $220,000 shall be expended for the dredging of Lynn Harbor; provided further, that $900,000 shall be expended for the replacement of 4200 linear feet of 8” iron water main with 12” PVC pipe, and road improvements in Marblehead; provided further, that not less than $5,00,000 shall be expended to create road and rail access to the New Bedford Marine Commerce Terminal along MacArthur Drive; provided further, that $4,400,000 shall be expended for the replacement of 3500 linear feet of drain pipe on Paradise Road between Franklin Avenue and Stacy’s Brook in Swampscott; provided further, that $4,000,000 shall be expended towards the design of the Malden-Revere-Saugus Reconstruction and Widening Project on Route 1, from Route 60 to Route 99 and shall include a feasibility study of connecting the city of Lynn to Route 1 in Revere; provided further, that $500,000 shall be expended for a study to examine the cost and feasibility of using current commuter rail infrastructure for the Massachusetts Bay Transit Authority’s Blue Line connecting in revere and continuing to run along the tracks into the Lynn Station; provided further, that $1,000,000 shall be expended for the Mt. Vernon Street Viaduct repairs in the city of Lynn; provided further, that $1,515,497 shall be expended for the Roosevelt Avenue improvement plan in the city of Springfield; provided further, that $4,494,000 shall be expended for the reconstruction of Route 21 from North Street to Beachside Drive in the town of Ludlow; provided further, that $400,000 shall be expended for the reconstruction of ADA accessible sidewalks in the downtown area of the town of Millbury; provided further, that $625,000 shall be expended for the design of the commercial gateway from Snow Road and Carroll Road to the historic downtown in the town of Grafton; provided further, that $3,000,000 shall be expended for the sewer expansion project along Route 20, between Massasoit Road and Sunderland Road, in the city of Worcester; provided further, that not less than $5,000,000 shall be expended for improvements and maintenance of the VFW Parkway in West Roxbury; provided further that not less than $200,000 shall be expended for feasibility and cost analysis study for maintenance and improvements to the roadways from the VFW in the West Roxbury section of Boston to the Marine Rotary in the town of Dedham; provided further, that $1,650,000 shall be expended for signalization and intersection improvements on Route 27 at the intersection of South Ave and Franklin Street in the town of Whitman; provided further, that $4,950,000 shall be expended for the design and reconstruction of Route 106 from Whitman Street to Halifax Town Line, in the town of East Bridgewater; provided further, that not less than $13,000,000 shall be expended for the Middleborough rotary improvements at Route 44, Route 28 and Route 18, in the town of Middleborough; and provided further, that not less than $6,925,000 shall be expended for safety, drainage and traffic flow improvements on Route 3A, Summer Street, and Rockland Street in the towns of Hingham and Hull, including consideration of pedestrian and bicycle traffic. …............................................................................................................................$2,761,872,770

6121-1318 For an active streets certification program as established pursuant to Chapter 90-I of the General Laws, to be disbursed in the form of grants to certified municipalities for complete streets infrastructure and planning, provided that at least 33 per cent of such grants shall be issued to municipalities with a median household income below the commonwealth’s average …………………$50,000,000.

6122-1224.. For the construction and reconstruction of town and county ways as described in clause (b) of the second paragraph of section 4 of chapter 6C of the General Laws; provided, however, that a city or town shall comply with the procedures established by the Massachusetts Department of Transportation; provided further, that a city or town may appropriate for these projects amounts not in excess of the amount provided to the city or town under this item, preliminary notice of which shall be provided by the department to the city or town not later than April 1 of each year; provided, further, that the appropriation shall be considered as an available fund upon approval of the commissioner of revenue under section 23 of chapter 59 of the General Laws; and provided, further, that the commonwealth shall reimburse a city or town under this item, subject to the availability of funds as provided in section 9B of chapter 29 of the General Laws, within 30 days after receipt by the department of a request for reimbursement from the city or town, which request shall include certification by the city or town that actual expenses have been incurred on projects eligible for reimbursement under this item and that the work has been completed to the satisfaction of the city or town according to the specifications of the project and in compliance with applicable laws and procedures established by the department.................................................................................................................$300,000,000



EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENT

Department of Conservation and Recreation

2890-7020 For the design, construction, reconstruction, repair, improvement, or rehabilitation of department of conservation and recreation parkways, boulevards, and related appurtenances and equipment including, but not limited to, the costs of engineering and other services for those projects rendered by department of conservation and recreation consultants; provided, that all work funded by this item shall be carried out according to standards developed by the department of conservation and recreation pursuant to historic parkways preservation treatment guidelines to protect the scenic and historic integrity of the bridges and parkways under its control……………………………………………………….…….……………..…..$125,000,000

SECTION 2B.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Rail and Transit Division

6622-1305 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; provided that not less than $100,000,000 shall be made available for the purpose of planning, engineering, design and construction of regional transit authority transportation facilities…………………………………………………………………...…………….......... $350,000,000

6622-1382 For the purposes of implementing the mobility assistance program under section 13 of chapter 637 of the acts of 1983 and regional intercity bus and intermodal service; provided, that funds may also be used for transportation planning, design, permitting, acquisition of interests in land and engineering for bus and other transit projects …………………………………….……………………………………….…………..$24,000,000

6622-1380 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 rail projects, including the industrial rail access program........................................................................................$80,000,000

SECTION 2C.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Massachusetts Bay Transportation Authority

6621-1308 For the purpose of implementing rail improvements under chapter 161C of the General Laws; provided, that funds may be used for transportation planning, design, permitting and engineering, right-of-way acquisition, acquisition of interests in land, vehicle procurement, construction, construction of stations, signals and electrical systems, and for heavy rail, light rail and bus projects which projects shall include the Red Line, Orange Line, Green Line, and system- wide bus service; and provided further, that the department may use these funds for the purchase and rehabilitation of heavy equipment and other maintenance equipment; provided that such rolling stock shall be assembled in Massachusetts and that preference will be given to assembly facilities located in municipalities with unemployment rates that exceed the state average……………………………………………………………………….......................$2,500,000,000

SECTION 2D.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Aeronautics Division

6820-1301 For the implementation of the airport improvement program under chapter 6C of the General Laws; and provided further that $25,000,000 be expended for upgrades at the New Bedford Airport …………………………………….……………………...………$ 89,000,000

SECTION 2E.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Registry of Motor Vehicles Division

6420-1317 For the implementation of the registry of motor vehicles modernization and improvement program under chapter 6C of the General Law…………….…………$63,000,000

SECTION 2F.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Rail and Transit Division

6622-1381 For the purpose of implementing South Coast Rail improvements; provided, that funds may be used for transportation planning, design, permitting and engineering, acquisition of interests in land, vehicle procurement, construction, construction of stations, and right-of-way acquisition; provided further, that prior to beginning project construction in the towns of Stoughton or Canton, the Massachusetts Department of Transportation shall complete: (1) a study of options for mitigating the sound and other impacts of the project in the towns of Stoughton and Canton, including but not limited to double tracking or depressing the right of way below grade at key locations and the construction of sound barriers, (2) a study of projects in downtown Stoughton that could accompany the construction of the planned new rail station that would encourage the revitalization of the downtown, and (3) a study of improvements to or for the replacement of the Canton Junction Station pedestrian overpass in Canton, including upgrades to make the existing overpass comply with the provisions of the Americans with Disabilities Act of 1990, as amended, including the installation of elevators and escalators; and provided further that all of the rail stations receiving South Coat Rail service, whether new or existing, shall comply with the Americans with Disabilities Act of 1990, as amended..............................................................................................................$2,200,000,000

6622-1382 For the purpose of implementing the Green Line Extension improvements; provided, that funds may be used for transportation planning, design, permitting and engineering, acquisition of interests in land, vehicle procurement, construction, construction of stations, and right-of-way acquisition; provided further, that no less than $25,000,000 shall be expended on the design and engineering of transportation improvements in the South Boston Waterfront............................................................................................$1,327,517,000

6622-1383 For the purpose of implementing South Station improvements; provided, that funds may be used for transportation planning, design, permitting and engineering, acquisition of interests in land, vehicle procurement, construction, construction of stations, and right-of-way acquisition....................................................................................................................$300,000,000

6622-1384 For the purpose of implementing rail improvements under chapter 161C of the General Laws; provided, that funds may be used for transportation planning, design, permitting and engineering, acquisition of interests in land, vehicle procurement, construction, construction of stations and right-of-way acquisition for rail projects, including Springfield to Worcester service, Boston to Cape Cod service and Pittsfield to New York City service ………………………………………………..…………………………….……......$ 175,000,000

SECTION 2G.

MASSACHUSETTS DEPARTMENT OF TRANSPORTATION

Office of the Secretary

6720-1307 For the acquisition of information technology and related expenses including, but not limited to, renovation of the operations center and intelligent transportation systems and the development of an asset management system required under section 6 of chapter 6C of the General Laws………………………………………………………………….……..$146,500,000

SECTION 3. To meet the expenditures necessary in carrying out section 2, 2A, 2B, 2C, 2D, 2E, 2F, 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, $9,291,889,770. All bonds issued by the commonwealth under this section shall be designated on their face, Commonwealth Transportation Improvement Act of 2013, 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, 2053. All interest and payments on account of principal on these obligations shall be payable from the General Fund or the Commonwealth Transportation Fund. Unless the governor makes a request under section 20 of chapter 29 of the General Laws, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 4. To meet the expenditures necessary in carrying out section 2, 2A, 2B, 2C, 2D, 2E, 2F, 2G, 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, $3,100,000,000. Bonds issued by the state treasurer under this section shall be issued as special obligation bonds under section 2O of chapter 29 of the General Laws. All bonds issued by the commonwealth under this section shall be designated on their face, Special Obligation Commonwealth Transportation Improvement Act of 2013, 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, 2053. All interest and payments on account of principal on these obligations shall be payable from the Commonwealth Transportation Fund including revenues credited to the Commonwealth Transportation Fund under Chapter 46 of the Acts of 2013 and shall be payable solely in accordance with said section 2O of said chapter 29. Notwithstanding any general or special law to the contrary, bonds or notes issued under this section shall not be included in the computation of outstanding bonds for purposes of the limit imposed by the second paragraph of section 60A of chapter 29 of the General Laws. As additional security for bonds of the commonwealth issued under section 2O of said chapter 29, the commonwealth, if so determined by the state treasurer with the concurrence of the secretary of administration and finance, is hereby authorized to pledge all or any portion of the receipts from the excises imposed by section 3 of chapter 64G of the General Laws and section 22 of chapter 546 of the acts of 1969 upon the transfer of any room taxes, which are not otherwise pledged pursuant to any other applicable law, as “additional pledged receipts” to further secure such bonds. Additional pledged receipts shall be thereafter applied in each fiscal year, subject to the terms of the trust agreement pursuant to which such Special Obligation Commonwealth Transportation Improvement Act of 2013 bonds are issued, first, for purposes of paying debt service on such bonds or to the maintenance of the capital reserve fund for such bonds established pursuant to section 2O of said chapter 29 and second, as other provided by law.

SECTION 5. To meet the expenditures necessary in carrying out section 2G, 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, $146,500,000. All bonds issued by the commonwealth under this section shall be designated on their face, Commonwealth Transportation Improvement Act of 2013, and shall be issued for a maximum term of years, not exceeding 20 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, 2043. All interest and payments on account of principal on these obligations shall be payable from the General Fund or Commonwealth Transportation Fund. Unless the governor makes a request under section 20 of chapter 29 of the General Laws, bonds and interest thereon issued under this section shall be general obligations of the commonwealth.

SECTION 6. Notwithstanding any general or special law to the contrary, in carrying out sections 2 to 2G, inclusive, and all other provisions 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, without limitation, 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, but the department shall certify to the comptroller the amounts so advanced, and these agreements shall contain provisions satisfactory to the department for the accounting of monies expended by any other agency or authority. All monies not expended under these agreements shall be credited to the account of the department from which they were advanced.

SECTION 7. (a) Notwithstanding any other general or special law to the contrary, the Massachusetts Department of Transportation shall expend the sums authorized in sections 2, and 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 and projects 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 any functional replacement of structures in public ownership that 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. Environmental studies conducted under this subsection may include an assessment of both existing and proposed highway rest stop facilities to determine the cost-effectiveness of sanitary facilities that use zero pollution discharge technologies, including recycling greywater systems. When dwellings or other structures are removed in furtherance of any of these 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. 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) 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, but the department shall certify to the comptroller the amount so advanced, and 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 8. 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 9. 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 plus or minus 5 per cent.

SECTION 10. Notwithstanding any other general or special law to the contrary, section 61 and sections 62A to 62I, inclusive, of chapter 30, chapter 91 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, but 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, and all 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. Notice shall be published in the Environmental Monitor of any application to the department of environmental protection for a water quality certification, and 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. Notwithstanding any other provision of this section, 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 11. Appropriations made in sections 2A, 2C, and 2F of this act shall be available for expenditure in the 10 fiscal years following June 30 of the calendar year in which the appropriation is made and any portion of such appropriation representing encumbrances outstanding on the records of the comptroller’s bureau at the close of such tenth fiscal year may be applied to the payment thereof any time thereafter. The unencumbered balance shall revert to the commonwealth at the close of such tenth fiscal year.

SECTION 12. The secretary of administration and finance and secretary of transportation shall submit a report on the progress of any projects funded under this act and included in the department’s five-year capital investment plan to the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means, and the chairs of the senate and house committees on bonding, capital expenditures and state assets. The report shall include, but not be limited to: (1) the previous year planned spending, (2) previous year spending, (3) current year planned spending, (4) current year spending to date, (5) original estimated total project cost, (6) project description and location of the project. The report shall be submitted on June 30 and December 31 of each year for a period of 8 years after the effective date of this act.



SECTION 13. Notwithstanding any general or special law to the contrary, the unexpended balances of all capital accounts authorized in chapter 86 of the acts of 2008, chapter 233 of the acts of 2008, chapter 303 of the acts of 2008, chapter 10 of the acts of 2011, chapter 133 of the acts of 2012 and chapter 242 of the acts of 2012 which otherwise would revert on June 30, 2013, but which are necessary to fund obligations during fiscal year 2014, are hereby re-authorized through June 30, 2014.

SECTION 14. (a) Section 2 of chapter 90 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by deleting, in line 143, the words “, without charge,”.

(b) Said chapter 90, as so appearing, is hereby further amended by inserting after section 2I the following new section:-

Section 2J. Beginning July 1, 2014, upon registration or renewal, the registrar shall issue new number plates to every person whose motor vehicle is registered under this chapter. All number plates issued after July 1, 2014 shall be valid for a period of 8 years, following which, upon renewal, such plates shall be replaced. No fee shall be assessed for the issuance of new number plates, provided that the registrar may impose a charge in order to defray the costs incurred to issue such plates, provided further that any such charge shall not be imposed upon number plates that are required by general or special law to be issued without charge.

(c) The registrar may utilize a “rolling” replacement cycle with respect to those motor vehicles registered prior to July 1, 2014, or otherwise stagger issuance of new number plates, in order to implement subsection (b).

SECTION 15. The secretary of transportation and the secretary of energy and environmental affairs shall jointly submit a report regarding the capital and operating needs of the New Bedford State Pier to the senate and house chairs of the joint committee on transportation and the clerks of the senate and house of representatives, no later than April 1, 2014. The report shall include, but not be limited to: (1) an analysis of the current state of repair of the state pier, including a description of all projects and expenditures needed to bring said Pier into a state of good repair and low-end and high-end estimates of the useful life of all physical components of said Pier and the estimated cost, as of the date of this Act, to replace same; (2) for the prior and current fiscal years, any and all operating expenses associated with said Pier, including without limitation payments to all vendors performing any work with respect to said Pier and the salaries of all state employees who have performed any work with respect to said Pier; (3) all persons and entities currently making use of said Pier pursuant to any written or unwritten lease, license, permit, invitation or other agreement; and (4) a recommendation as to the most efficient structure for ownership, management, operation, and oversight of said Pier, including without limitation a recommendation as to which state agency or agencies should own and/or operate said Pier and what actions, if any, should be undertaken with regard to whether future operation of said Pier should include input and/or participation by municipalities or other governmental instrumentalities abutting the Port of New Bedford.

SECTION 16. Section 101 of chapter 159 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out the words “$50 for a first offense; $100 for a second offense; or $300 for a third or subsequent offense” in lines 33 and 34, and inserting in place thereof the following words: - “$100 for a first offense; $200 for a second offense; or $600 for a third or subsequent offense”.

SECTION 17. There shall be a special commission to conduct a study of the metropolitan planning organizations. The commission shall consist of 16 members: 3 members of the senate, 1 of whom shall be the senate chair of the joint committee on transportation and serve at co-chair, 1 of whom shall be the senate chair of the joint committee on municipalities and regional government and 1 of whom shall be appointed by the minority leader of the senate; 3 members of the house of representatives, 1 of whom shall be the house chair of the joint committee on transportation and serve as co-chair, 1 of whom shall be the house chair of the joint committee on municipalities and regional government and 1 of whom shall be appointed by the minority leader of the house; the chairman of board of the Massachusetts department of transportation; the secretary of administration and finance or designee; the general manager of the Massachusetts Bay Transportation Authority or her designee; 1 representative appointed by the governor from a list of 3 nominees submitted by the Massachusetts Association of Regional Transit Authorities; 1 representative appointed by the governor from a list of 3 nominees submitted by the Massachusetts Railroad Association; 1 person appointed by the governor who is an expert in transportation finance or transportation planning who is employed at a private or public Massachusetts institution for higher education; 1 person appointed by the governor who is a representative of a business association; and 2 representatives appointed by the governor from a list of 5 nominees submitted by the Massachusetts Association of Regional Planning Agencies,. The study shall include, but not be limited to, an analysis of (1) the current metropolitan planning organizations’ process; (2) potential ways to simplify and streamline the administration and project selection process; (3) ways to better coordinate between regional metropolitan planning organizations; (4) the potential for the creation of sub-regions; and (5) best practices and models from other states’ regional planning organizations. The commission shall conduct its first meeting not more than 60 days after the effective date of the act and shall hold not less than 3 public hearings in distinct regions of the commonwealth. The commission shall consult with relevant agencies of the United States department of transportation. The commission shall report the results of its study, together with drafts of legislation, if any, necessary to carry its recommendations into effect, by filing the report with the clerks of the senate and house of representatives, who shall forward the report to the joint committee on transportation, the house and senate committees on bonding, capital expenditures and state assets, and the house and senate committees on ways and means no later than August 31, 2014.

SECTION 18. The registrar shall prepare and submit a report detailing the licensing of commercial and non-commercial motor vehicle inspection facilities pursuant to 540 CMR 4.08 to the house and senate chairs of the joint committee on transportation and the clerks of the senate and house of representatives, no later than February 1, 2014. The report shall include, but not be limited to: (1) the number of licensed commercial and non-commercial facilities, (2) the number of applicants on waiting lists for approval to perform commercial or non-commercial motor vehicle inspections, (3) any applicable limits on the number of commercial or non-commercial inspection licenses which may be issued and the reasons for such limits, and (4) the application process in general.

SECTION 19. Section 6 of Chapter 153 of the acts of 2010 is hereby amended by striking subsections (a), (b) and (c) and inserting in place thereof the following:

(a) Notwithstanding any general or special law to the contrary, the property acquired by the former metropolitan district commission pursuant to item 6005-9575 of section 2H of chapter 273 of the acts of 1994, together with all trees and structures thereon, if any, and appurtenant access, utility and other easements, collectively referred to in this section as the “DCR Parcel,” is hereby conveyed by operation of this act to the Massachusetts Bay Transportation Authority. The DCR Parcel is shown on the plan entitled “Plan of Land Between Reserved Channel and East First Street in the South Boston Designated Port Area,” dated March 24, 2010, drawn by John A. Hammer III, PLS, on file with the Massachusetts Port Authority. The DCR Parcel includes the MBTA Use Area containing approximately 67,400 square feet. The exact boundaries of the DCR Parcel are set forth in section 106 of said chapter 273 of the Acts of 1994.

(b) Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority is hereby authorized and directed to convey the portion of the DCR Parcel consisting of 569,517 square feet, more or less, as shown on the plan described in subsection (a) as the “Designated Port Area Parcel,” to the Massachusetts Port Authority for such consideration as is agreed upon by the Massachusetts Port Authority and the Massachusetts Bay Transportation Authority which shall be equal to the fair market value of the Designated Port Area Parcel, considering the condition of the parcel including the subsurface condition. The legal description of the Designated Port Area Parcel is as follows: Beginning at a point at the northeasterly corner of the parcel at the intersection of the westerly line of a street formerly known as O street and the southerly line of the Reserved Channel, Thence S88-23-28W a distance of 802.82 feet by said Reserved Channel, Thence S01-36-32E, a distance of 770.00 feet by land now or formerly of Exelon New Boston, LLC, Thence N88-23-28E, a distance of 470.00 feet, Thence N37-45-36E, a distance of 51.74 feet, Thence N01-36-32W, a distance of 120.00 feet, Thence N88-23-28E, a distance of 300.00 feet to said former O street, Thence N01-36-32W, a distance of 610.00 feet by said former O street to the point of the beginning, Together with the fee underlying said former O street where it abuts the Designated Port Area Parcel.

SECTION 20. The first sentence of subsection (d) of Section 6 of Chapter 153 of the acts of 2010 is hereby stricken and replaced with the following: “Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority is hereby authorized and directed to convey to the Massachusetts Port Authority the parcel of land consisting of 159,309 square feet, more or less, shown on the plan described in subsection(a) as “Excess MBTA Parcel,” together with all trees and structures thereon, if any, and appurtenant access, utility or other easements, and the fee underlying O street where it abuts the Excess MBTA Parcel, for such consideration as is agreed upon by the Massachusetts Port Authority and the Massachusetts Bay Transportation Authority which shall be equal to the fair market value of the Excess MBTA Parcel, considering the condition of the parcel including the subsurface condition.”

SECTION 21. The first sentence of subsection (i) of Section 6 of Chapter 153 of the acts of 2010 is hereby amended by inserting at the end of that sentence the following words: except as set forth in subsections (b) and (d) of this section.

SECTION 22. Section 39G of chapter 30 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by inserting after the word “retainage”, in lines 25, 26 and 64, each time it appears, the following words:- , if held by the awarding authority,

SECTION 23. The General Laws as they appear in the 2012 Official Edition are hereby amended by adding the following chapter:-



Chapter 90-I



Section 1. For the purposes of this chapter the following words shall have the following meanings: -



“Department”, the department of transportation.



“Program”, the active streets certification program.



“Complete streets”, streets that provide accommodations for users of all transportation modes, including but not limited to, walking, cycling, public transportation, automobiles, and freight.



“Certified municipality”, a municipality that has been certified by the department as specified in Section 3 of this act.



Section 2. The department shall establish an active streets certification program. The purpose of the program shall be to encourage municipalities to regularly and routinely include complete streets design elements and infrastructure on locally funded roads.



Section 3. To be certified as an active streets community, a municipality shall: (1) file an application with the department in a form and manner to be prescribed by the department; (2) adopt a complete streets bylaw, ordinance, or administrative policy in a manner which shall be approved by the department including at least one public hearing; such policy shall, at a minimum, identify the body, individual, or entity responsible for carrying out such policies; (3) coordinate with the department to confirm the accuracy of the baseline inventory of pedestrian and bicycle accommodations in order to prioritize projects based on the inventory; (4) identify procedures to follow when conducting municipal road repairs, upgrades, or expansion projects on public rights-of-way to incorporate complete streets elements; (5) confirm the existence of a review process for all private development proposals to ensure complete streets components are incorporated into new construction; and (6) set a municipal goal for an increased mode share for walking, cycling, and public transportation where applicable to be met within five years and develop a program to reach that goal; and (7) submit an annual progress report to the department. Municipalities may execute this section in the following manner: in a city having a Plan D or Plan E charter, by the manager; in any other city by the mayor; in a town, by vote of the board of selectmen. Certified municipalities shall be eligible to receive funding as specified in Section 6 of this act.



Section 4. The department shall adopt rules, regulations or guidelines for the administration and enforcement of this chapter, including, but not limited to, establishing applicant selection criteria, funding priority, application forms and procedures, and other requirements.



Section 5. The Governor shall appoint an advisory committee to assist the department in developing the rules, regulations or guidelines for the program, including the development of a model complete streets bylaw or ordinance. The advisory committee shall be comprised of three individuals chosen by the Governor, two of whom shall be residents of Gateway Cities, three individuals who are members of three different Massachusetts Association of Regional Planning Agencies, and one individual from each of the following organizations: Metropolitan Area Planning Council, the Massachusetts Department of Public Health, the Massachusetts Municipal Association, the Massachusetts Bicycle Coalition, WalkBoston, the Livable Streets Alliance and the Massachusetts Association of Chambers of Commerce Executives.



Section 6. The department shall annually, not later than April 1, submit a report detailing the program’s progress during the previous calendar year to the clerks of the senate and the house of representatives, the joint committee on transportation, the joint committee on public health, the senate committee on ways and means, and the house committee on ways and means.