SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1774

The Commonwealth of Massachusetts

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In the Year Two Thousand Fifteen

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by inserting after section 4 the following 4 sections:-

“SECTION 4A.  Subsection (e) of section 9 of chapter 6C of the General Laws, as appearing in section 1 of chapter 132 of the acts of 2012, is hereby amended by adding the following sentence:-The secretary shall make the annual report and all such reports from previous years available on the department’s website. 

SECTION 4B. Section 10 of said chapter 6C, as appearing in the 2010 Official Editon, is hereby amended by adding the following paragraph:-

The office of transportation planning shall work in collaboration with the public-private partnership infrastructure oversight commission and provide the oversight commission information and updates on research, surveys, studies and future transportation projects.  

SECTION 4C.  Section 11 of said chapter 6C, as so appearing, is hereby amended by inserting after the word “finance”, in lines 18 and 19, the following words:-  , the public-private partnership infrastructure oversight commission,

SECTION 4D. Said section 11 of said chapter 6C, as so appearing, is hereby further amended by adding the following paragraph:-

The long-range transportation plan shall prioritize each project identified in the transportation plan, separated by mode of transportation, and provide a detailed fiscal analysis of each project, including the projects funding sources, yearly operating costs to maintain the project, the projects impact on existing transportation infrastructure and impact of the project on the goals identified by the department and the office of performance management and innovation including, but not limited to, reducing the number of structurally-deficient bridges, reducing the state of good repair backlog and increasing customer satisfaction across all modes of transportation.”; and

by inserting after section 5 the following 2 sections:-

“SECTION 5A.  Said chapter 6C is hereby further amended by inserting after section 13 the following section:-

Section 13A.  The secretary shall develop and implement, to the extent permitted by federal law, a program to allow vehicles with less than 2 occupants access to existing high occupancy vehicle lanes; provided, however that such access may be limited during hours that the existing high occupancy vehicle lane operates at or near capacity.  Vehicles with less than 2 occupants shall pay a varying automated toll depending on the time of the day; provided, however, that the secretary shall establish regulations to allow vehicles with at least 2 occupants, motorcycles, buses and low or zero emission vehicles, hybrid vehicles or other fuel efficient or environmentally-friendly vehicles, as established by regulation, to access the lane without paying a toll.  

SECTION5B .  Section 16 of said chapter 6C, as appearing in the 2010 Official Edition, is hereby amended by adding the following sentence:-  The plan shall be made available on the department’s website.”; and

by inserting after section 6 the following 4 sections:-

“SECTION 6A.  Section 28 of said chapter 6C, as so appearing, is hereby amended by inserting after the word ‘divisions’, in line 33, the following words:- including, but not limited to, revenues from parking fares, financial assistance from cities and towns, sponsorships, naming rights and advertising.  

SECTION 6B. Section 30 of said chapter 6C, as so appearing, is hereby amended by inserting after subsection (c) the following subsection:-

(d) The secretary shall:

(1) develop, in consultation with the commonwealth development coordinating council, and administer a long-term statewide transportation plan that includes planning for intermodal and integrated transportation;

(2) develop, based on a public hearing process, procedures to be used for transportation project selection;

(3) establish criteria for project selection to be used in the procedures developed under clause (2);

(4) create a future project prioritization list, separated by mode of transportation;

(5) include detailed information regarding all construction projects for which the department has expended funds during the preceding 5 fiscal years, which shall include:

(i)  the location and street name, including a brief description of the work to be performed;

(ii) all project identifying numbers used within the department or with respect to any federal or state grant or funding program including, without limitation, any contract numbers, transportation incentive program numbers or Transportation Infrastructure Finance and Innovation Act or other federal aid numbers;

(iii) all contractors, engineers, architects and other service professionals who have performed work on the project;

(iv) all amounts expended, including payee and date of disbursement with respect to each disbursement;

(v)  total projected and actual cost;

(vi) projected and actual start and completion dates;

(vii) projected and actual milestone dates and details;

(viii) identification and a brief description of any issues, factors or other causes that have affected or are anticipated to affect the projected cost and completion date of any project; and

(ix) the names and contact information of the project manager within the department or other department personnel with oversight authority;

(6) compare each project to the metrics established by the by the department’s office of performance management and innovation;

(7) document the attempts to engage the public-private partnership infrastructure oversight commission on each project; and

(8) make the long-term statewide transportation plan available on the department’s website.

SECTION 6C.  Section 34 of said chapter 6C, as so appearing, is hereby amended by adding the following 2 paragraphs:-

Final approval on a project contemplated in this section shall not be given until the public-private partnership infrastructure oversight commission has been given an opportunity to evaluate the project’s suitability to be constructed in the design-build-finance-operate-maintain or design-build-operate-maintain project delivery method. 

No project shall be given final approval unless it is properly identified and explained in the comprehensive state transportation plan under section 11. 

SECTION 6D.  Section 35 of chapter 6C, as so appearing, is hereby amended by adding the following sentence:-The secretary shall make the report and all such reports from previous years available on the department’s website.”; and

by inserting after section 41 the following 3 sections:-

“SECTION 41A.  Section 10 of said chapter 161A of the General Laws, as so appearing, is hereby amended by inserting after the word “chapter”, in line 4, the following words:- ; provided, however, that notification of any formal communications attempting to secure federal assistance, together with the contents of those communications, shall be simultaneously transmitted to the house and senate committees on ways and means.

SECTION 41B.  Said section 10 of said chapter 161A, as so appearing, is hereby further amended by adding the following sentence:-  The chairman of the authority shall issue a quarterly report on communications with the federal government in furtherance of this section.  The report shall include, but not be limited to, any actions by the authority committing or proposing to commit the commonwealth to provide financial assistance and shall be submitted to the house and senate committees on ways and means.”.

SECTION 41C.  The first paragraph of section 20 of said chapter 161A, as so appearing, is hereby amended by adding the following sentence:-The secretary shall make the preliminary and final itemized budgets available on the department’s website.”; and

By striking out sections 52 and 53 and inserting in place thereof the following 2 sections:- 

“SECTION 52. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall, in the department’s annual budget, ensure that the budget includes sufficient revenue from sources of revenue listed in subsection (c) to meet the following benchmarks: (i) in fiscal year 2014, the department shall contribute 47 per cent of the department’s operating budget; (ii) in fiscal year 2015, the department shall contribute 48 per cent of the department’s operating budget; (iii) in fiscal year 2016, the department shall contribute 50 per cent of the department’s operating budget; (iv) in fiscal year 2017, the department shall contribute 51 per cent of the department’s operating budget; and (v) in fiscal year 2018, the department shall contribute 51 per cent of the department’s operating budget.  The salary, benefits or level of compensation of any department employee in a major policymaking position, as defined by section 1 of chapter 268B, shall not be increased if the department is not exceeding the benchmarks provided for in this section.

(b) The benchmarks in subsection (a) may be achieved through any combination of revenue increases under subsection (c) and savings to the department’s operating budget; provided, however, that the department shall submit a preliminary report of savings to the operating budget by October 1 of each fiscal year and a final report of savings to the operating budget by January 1 of each fiscal year.  Those preliminary and final reports shall be submitted to the house and senate committees on ways and means and the joint committee on transportation. 

(c) The revenue generated to meet the benchmarks in subsection (a) may be derived from: (i) fees collected by the registrar of motor vehicles under section 34 of chapter 90 of the General Laws; (ii) funds available to the registry of motor vehicles through the Motor Vehicle Inspection Trust Fund under section 61 of chapter 10 of the General Laws; and (iii) any other funds directly collected by the department; provided, however, that no funds collected through increases in tolls charged and collected as of January 1, 2013 under section 13 of chapter 6C of the General Laws shall be counted towards the benchmarks in subsection (a); and provided further, that any revenue collected from tolls for transit on roads not tolled as of July 1, 2013 shall count towards the benchmarks in said subsection (a).

SECTION 53. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall, in the authority’s budget as approved by the board of directors under section 20 of chapter 161A of the General Laws, ensure that the budget includes sufficient revenue from sources of revenue listed in subsection (c) to meet the following benchmarks: (i) in fiscal year 2014, the authority shall contribute 31.5 per cent of the authority’s operating budget; (ii) in fiscal year 2015, the authority shall contribute 33 per cent of the authority’s operating budget; (iii) in fiscal year 2016, the authority shall contribute 33.25 per cent of the authority’s operating budget; (iv) in fiscal year 2017, the authority shall contribute 32.75 per cent of the authority’s operating budget; and (v) in fiscal year 2018, the authority shall contribute 34 per cent of the authority’s operating budget.The salary, benefits or level of compensation of any department employee in a major policymaking position, as defined by section 1 of chapter 268B, shall not be increased if the department is not exceeding the benchmarks provided for in this section.

(b) The benchmarks in subsection (a) may be achieved through increasing non-fare revenues, increasing total fare revenues through ridership growth, increasing fare levels while accounting for potential loss of ridership from fare increases or from savings to the authority’s operating budget; provided, however, that the authority shall submit a preliminary report of savings to the operating budget by October 1 of each fiscal year and a final report of savings to the operating budget by January 1 of each fiscal year. Those preliminary and final reports of savings shall be submitted to the house and senate committees on ways and means and the joint committee on transportation.  Nothing in this section shall be construed to relieve the authority of any legal requirements it shall fulfill under state or federal law prior to increasing fares or eliminating service.

(c) The revenue generated to meet the benchmarks in subsection (a) may be derived from any funds collected by the authority through fees and fares and any other funds directly collected by the authority; provided, however, that such revenue shall not include funds contributed to the Massachusetts Bay Transportation Authority State and Local Contribution Fund under section 35T of chapter 10 of the General Laws.

(d)  The authority may achieve these benchmarks by restraining operating costs and increasing ridership prior to proposing a fare increase. The authority shall, in the authority’s budget plan, regularly create and update5-year pro forma financials and, as part of the budget planning process, may plan for small, regular fare increases of not more than 5 per cent for all modes and populations. The authority shall not increase fares at intervals of less than 24 months or at a rate greater than5 per cent. The authority shall not implement any fare increase unless it is in strict compliance with section 5 of chapter 161A of the General Laws. If the authority’s budget plan does not achieve a required benchmark within a given budget year, but is within 0.5 percentage points of the benchmark, and fares have been increased within the previous budget year, the authority shall increase the subsequent year’s benchmark by an equivalent amount and make needed adjustments to the operating budget and fare levels in the subsequent budget year.”; and

by inserting after section 58 the following 6 sections:-

“SECTION 58A.(a) The secretary of transportation shall conduct a study and issue a report on the taxicab market in the commonwealth.  The study shall include, but not be limited to, an analysis of the level of competition in the industry, any unserved or underserved needs and an evaluation of a state licensing alternative to stimulate competition, better serve the needs of customers and employees in the market and to address regional and environmental concerns.  The report, together with any legislative recommendations, shall be filed electronically with the clerks of the senate and house of representatives and the joint committee on transportation not later than August 15, 2013.  

SECTION 58B.  Notwithstanding any general or special law to the contrary, the director of the internal special audit unit shall conduct a comprehensive investigation of the financial impact of chapter 25 of the acts of 2009.  The investigation shall include a review of total savings to date, anticipated future savings, an analysis of how the savings compare to projected savings at the time of the effective date of the act and recommendations to increase future savings and efficiencies.  The director shall publish its findings on the department’s website and submit an electronic copy of the report to the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on transportation not later than November 1, 2013. 

SECTION 58C. Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall, as mandated by section 14 of chapter 132 of the acts of 2012, issue a report on revenues collected through the use of sponsorship agreements. The report shall include, but not be limited to, an analysis of revenues collected, offers to sponsor which have been declined and attempts to increase and promote sponsorship opportunities. The report and recommendations shall be filed with the clerks of the house of representatives and the senate and to the house and senate committees on ways and means and the joint committee on transportation not later than August 30, 2013.

SECTION 58D.  Notwithstanding any general or special law to the contrary, the secretary of transportation shall issue a 5-year transportation plan not less than 180 days after the effective date of this act.  The plan shall prioritize projects to provide for the reduction in the number of structurally-deficient bridges, to reduce congestion attributable to disrepair, to improve urban and rural primary pavement conditions, to improve interstate pavement conditions, to increase maintenance disbursements per mile to the level necessary to achieve and maintain a state of good repair, to move bus and transit assets into a state of good repair, to improve track and signalization conditions and to otherwise eliminate the backlog on transit, road and bridge projects.  The plan shall not include any capital expansion projects and shall be published on the department’s website and filed electronically with the clerks of the senate and house of representatives and the joint committee on transportation. 

SECTION  58E.  Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall create a pilot program at 3 high-volume parking station facilities dedicating not more than 10 per cent of the available parking to customers willing to pay an increased premium for a reserved parking spot that is guaranteed to be available to them if they arrive at the spot before a certain hour, as determined by the authority; provided, however, that all net proceeds received as a result of the pilot program shall be dedicated to the authority. 

SECTION 58F.  Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall issue a request for proposals from business, civic and nonprofit entities to enter into sponsorship agreements for providing transportation services beyond the current hours of operation.”