HOUSE DOCKET, NO. 3677        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3427

The Commonwealth of Massachusetts

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PRESENTED BY:

Michelle L. Ciccolo

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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 relative to a resilient transportation system.

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PETITION OF:

HOUSE DOCKET, NO. 3677        FILED ON: 2/19/2021

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3427

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act relative to a resilient transportation system.

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 1 of Chapter 21N of the General Laws, as appearing in the 2018 Official Edition, is hereby amended by inserting after “person” the following definition:

“Adaptation cost assessment”, a determination of the life cycle financial cost of infrastructure procured and infrastructure improvements made to implement the adaptation strategies identified in a vulnerability assessment. The adaptation cost assessment shall include: (i) estimated financial costs associated with procurement, construction, maintenance, retrofits, and other related improvements made to said infrastructure, and (ii) the estimated financial cost savings resulting from the abated climate risk associated with said infrastructure procurement and improvement. The adaptation cost assessment shall evaluate said infrastructure from its acquisition to its decommissioning. The adaptation cost assessment may include an estimation of the financial value of the co-benefits resulting from said infrastructure procurements and improvements.

SECTION 2. Section 10 of Chapter 21N of the General Laws, as so appearing, is hereby amended by inserting after subsection (c) the following sections:

(d) The vulnerability assessment pursuant to subsection (b) of this section for the department of transportation shall include an adaptation cost assessment as defined in section 1 of this chapter. The vulnerability assessment and adaptation cost assessment shall pertain to all assets comprising the metropolitan highway system as defined in section 1 of chapter 6c. The vulnerability assessment shall identify adaptation solutions to be prioritized based on severity of asset vulnerability, level of anticipated climate risk, safety risk to riders and workers if vulnerability is not addressed, and whether the asset is located in or serves an Environmental Justice community. Adaptation solutions must identify opportunities to work in partnership with abutting landowners and municipalities. Further, adaptation solutions must include identification of said solutions that are reflected in municipal hazard mitigation plans and additional planning efforts related to the municipal vulnerability preparedness grant program.

(e) The Massachusetts Bay Transportation Authority shall complete a vulnerability assessment pursuant to subsection (b) of this section. The vulnerability assessment shall include an adaptation cost assessment as defined in section 1 of this chapter. The vulnerability assessment and adaptation cost assessment shall pertain to all equipment and mass transportation facilities as defined in section 1 of chapter 161A. The vulnerability assessment shall identify adaptation strategies to be prioritized based on severity of asset vulnerability, level of anticipated climate risk, safety risk to riders and workers if vulnerability is not addressed, and whether the asset is located in or serves an Environmental Justice community. Adaptation solutions must identify opportunities to work in partnership with abutting landowners and municipalities. Further, adaptation solutions must include identification of said solutions that are reflected in municipal hazard mitigation plans and additional planning efforts related to the municipal vulnerability preparedness grant program. Said vulnerability assessment shall also identify the authority’s plan to provide replacement or alternative service to sustain the current level of service to riders in the event assets are unsuitable to operate due to damage associated with climate risks, including but not limited to flooding, extreme heat, excessive snow and ice, and other extreme weather events.

(f) The vulnerability assessment and adaptation cost assessment pursuant to sections (d) and (e) shall be completed within eighteen months of enactment of this section. Every six months upon enactment of this section, the secretary of the department of transportation shall provide a report detailing progress toward said vulnerability and adaptation cost assessments to the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means, and the chairs of the joint committee on transportation. 

SECTION 3. Section 11 of Chapter 60 of the General Laws, as so appearing, is hereby amended by inserting after “service” the following: "The plan shall incorporate prioritized adaptation strategies identified in the department’s vulnerability assessment as modernization and state of good repair investments as appropriate."

SECTION 4. Section 5 of Chapter 161A of the General Laws, as so appearing, is hereby amended by inserting in subsection (g) after “facilities of the authority” the following: "and capital investments identified as priority adaptation strategies in the Department’s vulnerability assessment."