Chapter 21A of the Massachusetts General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following new section:-
SECTION 27. (a) Non-exclusive access to rights-of-way in the Commonwealth of Massachusetts may be granted to mobility network providers meeting the following criteria: (1) Privately funded construction; (2) Privately operated without government subsidies; (3) Exceed 120 passenger-miles per gallon, or equivalent energy efficiency; (4) Exceed safety performance of transportation modes already approved for use, and; (5) Gather more than 2 megawatt-hours of renewable energy per network-mile per typical day.
(b) The office of energy and environmental affairs shall promulgate rules or regulations for alternative mobility networks based on the following criteria:
(1) System design, fabrication, installation, safety, insurance, inspection practices consistent with the American Society for Testing and Materials International Committee F24 on Amusement Rides and Devices; (2) Environmental approvals will be granted 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 transport systems providers, passengers and cargo shall be limited to 5% of gross revenues and paid to the aggregate rights-of-way holders by Personal Rapid Transit providers.
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