SECTION 1. Chapter 6C of the Massachusetts General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding at the end thereof the following new section:-
SECTION 76. (a) Non-exclusive assess to rights-of-way in the Commonwealth of Massachusetts may be granted to Personal Rapid Transit providers meeting the following criteria:
(1) Privately funded construction;
(2) Privately operated without government subsidies;
(3) Exceed 120 passenger-miles per gallon, or equivalent efficiency; and
(4) Exceed safety performance of transportation modes already approved for use.
(b) The Department shall promulgate rules or regulations for Personal Rapid Transit systems based on the following criteria:
(1) System design, fabrication, installation, safety, insurance, inspection practices consistent with the ASTM International, Committee F24 on Amusement Rides and Devices;
(2) Environmental approvals based on a ratio of energy consumed per passenger-mile of the innovation versus transport modes approved to operate in the rights-of-way; and
(3) All taxes and fees assessed on the Personal Rapid Transit system providers, passengers and cargo being limited to 5% of gross revenues and paid to the aggregate rights-of-way holders by Personal Rapid Transit (PRT) providers.
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