SENATE . . . . . . . . . . . . . . No. 3016
Senate, July 14, 2022 -- Text of the Senate amendment to the House Bill relative to Massachusetts’s transportation resources and climate (House, No. 4916). |
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
_______________
SECTION 1. To provide for a program of investments to make the commonwealth’s transportation system more reliable, address deferred maintenance and modernize and expand the system and for a program for public alternative fueling and electric vehicle charging infrastructure, the sums set forth in sections 2 to 2J, 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; provided, however, that the amounts specified in an item or for a particular project may be adjusted in order to facilitate projects authorized in this act. The sums made available in this act shall be in addition to any amounts previously made available for these purposes.
SECTION 2.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Highway Division
6121-2214For 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 funds may be expended for bicycle, pedestrian and other multi-modal facilities and electric vehicle charging infrastructure; provided further, that funds may be expended for the costs of projects and programs included in the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58; 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….……………… $2,812,457,157
SECTION 2A.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Highway Division
6121-2217For 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 the department may use these funds for multi-modal facilities; provided further, that the amounts specified in this item for a particular project or use, if any, may be adjusted in order to facilitate other projects relating to the design, construction, repair or improvement of non-federally aided roadway and bridge projects; provided further, that in connection with any reconstruction of the Boston extension, as defined in section 1 of chapter 6C of the General Laws, funds shall be expended for the reconstruction and replacement of bridges that span said Boston extension between mile markers 130 and 131; and provided further, that funds may be expended for the costs of projects and programs included in the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58………………………………………...$1,270,000,000
6121-2257For the construction, reconstruction, resurfacing, repair and improvement of pavement and surface conditions on non-federally aided roadways, including, but not limited to, state numbered routes and municipal roadways; provided, that expenditures from this item may include the costs of engineering, design, permitting, climate change adaptation and resilience and other services essential to projects under this item………………...…..$85,000,000
SECTION 2B.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Highway Division
6121-2228For the construction, reconstruction, resurfacing, repair and improvement of pavement and surface conditions on municipal roadways; provided, that expenditures from this item may include the costs of engineering, design, permitting, climate change adaptation and resilience and other services essential to projects under this item; provided further, that funds may be expended from this item for matching grants to municipalities; provided further, that the department may use these funds for improving the condition of bicycle and pedestrian accommodations related to such roadway projects consistent with principles of the complete streets program established under chapter 90I of the General Laws when feasible; and provided further, that in connection with a grant under this item, a city or town shall comply with the procedures established by the department with respect to municipal roadways in the pavement improvement program ………………………………………………………………....$25,000,000
6121-2238For the complete streets program established under chapter 90I of the General Laws for complete streets grants to municipalities; provided, that not less than 33 per cent of the grants awarded shall be issued to cities and towns with a median household income below the average of the commonwealth…….……………………………………......$20,000,000
SECTION 2C.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Rail and Transit Division
6621-2217For the purpose of implementing rail improvements pursuant to chapter 161C of the General Laws; provided, that funds may be used for transportation planning, design, permitting, acquisition of interests in land and engineering for rail projects, including the industrial rail access program; provided further, that not less than $6,000,000 per fiscal year shall be expended for said industrial rail access program; provided further, that the Massachusetts Department of Transportation may use funds from this item for the costs of engineering and other services essential to these projects; and provided further, that the department may use these funds for a particular project or use may be adjusted in order to facilitate other projects ……………………………$82,000,000
6622-2217For the purposes of chapter 161B of the General Laws, including, but not limited to, projects that may maintain and improve the overall condition, reliability and resiliency of regional transit networks and facilities, including the purchase and rehabilitation of rolling stock, low- or no-emission vehicles and other infrastructure and equipment required to support such rolling stock, related assets and support equipment, rehabilitation of regional transit authority facilities, including maintenance and passenger facilities and purchase of related appurtenances, equipment, technology and tools; provided, that funds may be expended for the purchase or rehabilitation of vehicles of all sizes to better reflect and accommodate rider demand; and provided further, that funds may be expended for the costs of projects and programs included in the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58……............................................................................................................….$64,900,000
SECTION 2D.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Office of the Secretary
6621-2208For the purpose of implementing sustainable transit system modernization investments and rail improvements pursuant to chapter 161A 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 and climate change adaptation and resilience improvements, including, but not limited to: (i) construction, reconstruction, retrofitting, resilience, efficiency improvements and modernization of stations, signals, tracks, power and electrical systems; (ii) planning, design, permitting and engineering, acquisition of interests in and rights to land; (iii) construction and reconstruction, improvement, expansion, renovation, repair, relocation and equipping of maintenance and storage facilities, including, but not limited to, technology to support and service battery electric, hybrid and other low emission transit vehicles; and (iv) heavy rail, light rail and bus projects, which shall include, but not be limited to, the red line, orange line, green line, silver line and blue line of the Massachusetts Bay Transportation Authority, including feasibility and planning studies and capital support for pilot services; provided further, that funds may be used for modernizing the bus fleet and associated infrastructure of the Massachusetts Bay Transportation Authority system, including, but not limited to, implementation of the so-called Better Bus Project; provided further, that funds shall be expended on the electrification of commuter rail system and water transportation infrastructure; provided, that not less than $50,000,000 shall be expended for the electrification and development of rapid transportation for the Fairmount commuter rail line; provided further, that not less than $50,000,000 shall be expended for the electrification of the Framingham/Worcester commuter rail line; provided further, that not less than $50,000,000 shall be expended for the electrification of the Newburyport/Rockport commuter rail line; provided further, that funds shall be expended for the electrification of the Providence/Stoughton commuter rail line; provided further, that not less than $85,000,000 shall be expended for construction and upgrades to the Auburndale, West Newton and Newtonville commuter rail stations in the city of Newton in order to ensure Americans with Disabilities Act accessibility, address reliability and modernization needs, improve current operations to enable increased service frequency and reduced travel times, enhance station amenities and improve connections to the city’s road network; provided further, that not less than $25,000,000 shall be expended to increase access to the Framingham/Worcester commuter rail line in the city of Framingham; provided further, that funds may be used for the purpose of implementing the green line transformation program including, but not limited to, planning, design and procurement of rolling stock including, but not limited to, Green Line Type 10 vehicles, to improve service and reliability, enhance rider accessibility and increase capacity; provided further, that funds may be used for the purchase and rehabilitation of heavy equipment and other maintenance equipment; provided further, that funds may be used for safety, accessibility and security equipment and improvements, energy efficiency, climate change adaptation and emergency preparedness, bicycle and pedestrian access improvements and so-called “last mile” capital improvements; provided further, that final assembly of the orange line and red line non-pilot production vehicles, as defined within the Massachusetts Bay Transportation Authority’s procurement of said vehicles, shall take place in the commonwealth; provided further, that the relative weight of all the criteria used for the selection of the red line and orange line vehicle proposals shall be determined by the Massachusetts Bay Transportation Authority; and provided further, that funds may be expended for the costs of projects and programs included in the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58…………………………….$1,375,000,000
SECTION 2E.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Aeronautics Division
6820-2217For the airport improvement program pursuant to section 39A of chapter 90 of the General Laws, including, but not limited to, aeronautics safety and modernization improvements; provided, that funds may be expended for the costs of projects and programs included in the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58…………….…………………………………………………………………….…$114,100,000
SECTION 2F.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Office of the Secretary
6720-2217For transportation planning and programming related to all modes, including, but not limited to, active transportation, bicycle and pedestrian travel, rail and transit and automobiles and associated assets, including, but not limited to, roads, bridges, transit facilities, shared-use paths and bicycle and pedestrian and other multi-modal facilities essential to the provision of transportation services for system users; provided, that funds may be expended for the maintenance, improvement and expansion of shared use paths and support for multi-modal networks that may enhance mobility or promote sustainable modes of transportation across the commonwealth; provided further, that funds may be expended for the acquisition of information technologies that will support department data and asset management initiatives; provided further, that funds may be expended for compliance with federal mandates and other statutory requirements including modal studies to help establish the framework for the department to adopt policies and programs to enhance delivery of services within all modes; provided further, that funds may be expended to reduce energy usage, enhance climate change resilience, adaptation and mitigation and support reduction of greenhouse gas emissions from transportation; and provided further, that funds in this item may be used to support and leverage municipal, quasi-public, nonprofit and private investments…………………..…..…$145,000,000
6720-2258For a public realm improvement program; provided, that funds shall be used for grants to municipalities for improvements to sidewalks, curbs, streets and parking spaces to create additional capacity for pedestrians and cyclists and to reimagine and repurpose street space in response to the 2019 novel coronavirus to support public health, safe mobility and renewed commerce…………………………………………………………………..$10,000,000
6720-2259For projects to address ongoing safety concerns related to the interim and final findings uncovered during the Federal Transit Administration’s safety management inspection of the Massachusetts Bay Transportation Authority initiated in April 2022; provided, that the Massachusetts Bay Transportation Authority shall work in consultation with the Massachusetts Department of Transportation and the department of public utilities in the planning and implementation of the projects funded through this item…………………………………………………..…………………$400,000,000
6720-2260For the purpose of implementing rail improvements pursuant to chapter 161C of the General Laws; provided, that in addition to funds authorized in item 6622-2184 of section 2E of chapter 383 of the acts of 2020, not less than $275,000,000 shall be expended for transportation planning, design, permitting and engineering, public hearings and engagement, acquisition of interests in land, vehicle procurement, construction, construction of stations and right-of-way acquisition for the East-West passenger rail project, which shall include service from the city of Pittsfield to the city of Boston via the city of Springfield, the town of Palmer and the city of Worcester; provided further, that service improvements shall include improving the existing North-South rail corridor through the city of Springfield; provided further, that said rail improvements may take into consideration the East-West passenger rail study conducted by the Massachusetts Department of Transportation; and provided further, that funding for said rail improvements may be used in conjunction with any federal funding set aside for the East-West passenger rail project……………………………$275,000,000
6720-2261For local and regional transportation projects; provided further, that not less than $300,000 shall be expended in equal amounts to the towns of Avon, Canton, East Bridgewater, Easton, Milton, Sharon, Stoughton and West Bridgewater and the cities known as the towns of Braintree and Randolph for the installation of e-bike parking racks and universal e-bike charging stations; provided further, that not less than $550,000 shall be expended for the installation of traffic signals at the inte rsection at North street and Oak street in the city known as the town of Randolph; provided further, that not less than $500,000 shall be expended for the installation of traffic signals at the intersection of South Main street and Center street located in the city known as the town of Randolph; provided further, that not less than $2,000,000 shall be expended for the synchronization of traffic lights on state highway route 2 in the towns of Acton, Concord and Lincoln; provided further, that not less than $6,000,000 shall be expended to redesign and reconstruct the Broadway corridor in the city of Malden; provided further, that not less than $7,000,000 shall be expended for costs associated with the construction of the state highway route 2 rotary interchange in the town of Concord; provided further, that not less than $3,000,000 shall be expended for costs associated with the right-of-way acquisition, engineering and construction of a single-lane roundabout at the intersection of state highway route 119, Townsend road and Proctor road; provided further, that not less than $2,000,000 shall be expended for the design and construction of a platform compliant with the Americans with Disabilities Act at the commuter rail station in the town of Ayer; provided further, that not less than $100,000 shall be expended for the design and implementation of traffic calming measures throughout the town of Milton, including, but not limited to, pavement markings, signage and the use of engineering consultants to perform traffic analysis; provided further, that not less than $2,000,000 shall be expended for infrastructure projects in the city of Gardner; provided further, that not less than $2,000,000 shall be expended for infrastructure projects in the town of Leicester; provided further that not less than $2,000,000 shall be expended for infrastructure projects in the town of Holden; provided further, not less than $2,000,000 shall be expended for infrastructure projects in the town of Sterling; provided further, that not less than $2,000,000 shall be expended for infrastructure projects in the town of Templeton; provided further, that not less than $2,000,000 shall be expended for parking expansion for the MetroWest Regional Transit Authority; provided further, that not less than $1,050,000 shall be expended for the reconstruction of the intersection of Pearl street, Ivory street and the John Mahar highway located in the city known as the town of Braintree; provided further, that not less than $800,000 shall be expended for the improvement and reconstruction of the John Mahar highway located in the city known as the town of Braintree; provided further, that not less than $1,630,000 shall be expended for transportation improvements in the town of Bedford; provided further, that not less than $5,000,000 shall be expended for sewer replacement on Main street in the city known as the town of Agawam; provided further, that not less than $4,000,000 shall be expended for the design and installation of traffic control improvements including, but not limited to: (i) installation of temporary and permanent median barriers; (ii) traffic calming measures; (iii) signalization; and (iv) roadway improvements along United States highway route 1 between the interstate highway route 95 interchange in the town of Walpole and the section of the city of Attleboro that borders the state of Rhode Island; provided further, that the department shall consult with the respective chiefs of the public safety departments in each municipality having jurisdiction along the highway in the planning of such control measures; provided further, that not less than $1,000,000 shall be expended for a study of engineering, construction and maintenance of noise abatement along the section of interstate highway route 495 adjacent to the South Grove street and Grove street neighborhood in the town of Foxborough; provided further, that not less than $2,000,000 shall be expended for the restoration of Trapelo Road culvert over Beaver brook in the city of Waltham; provided further, that not less than $3,750,000 shall be expended for improvements to the Haven street corridor in the town of Reading; provided further, that not less than $2,600,000 shall be expended for a regional shuttle service bus pilot in the town of Concord; provided further, that not less than $3,500,000 shall be expended for the town of Brookline for the complete street redesign of regionally significant multi-modal corridors; provided further, that not less than $3,100,000 shall be expended for the Pettee Square improvement project in the city of Newton; provided further, that not less than $1,000,000 shall be expended to the town of East Longmeadow for the replacement of the sewer main on Lasalle street; provided further, that not less than $1,700,000 shall be expended for the town of Wellesley for the construction of a regional multi-modal path to the Wellesley Square commuter rail station;provided further, that not less than $750,000 shall be expended for the restoration of Stonybrook bridge in the town of Chelmsford; provided further, that not less than $1,700,000 shall be expended for the town of Wellesley for sidewalk construction and other improvements that connect bicyclists and pedestrians to parkland, schools and downtowns; provided further, that not less than $1,000,000 shall be expended for the expansion of parking at the South Acton commuter rail station in the town of Acton; provided further, that not less than $1,300,000 shall be expended to rebuild and extend the sidewalk on Main street in the town of Hampden; provided further, that not less than $400,000 shall be expended for the improvement of the town center traffic signalization in the town of Chelmsford; provided further, that not less than $3,500,000 shall be expended for project costs associated with the repair and reconstruction of Birnie avenue and the Gerena tunnel in the city of Springfield to address surface and ground water concerns; provided further, that not less than $3,000,000 shall be expended for the costs associated with road reconstruction on James street in the city of Chicopee; provided further, that not less than $1,000,000 shall be expended for a design study for the North-South rail link; provided further, that not less than $1,000,000 shall be expended for the improvement of roads and bridges in the town of Abington; provided further, that not less than $1,000,000 shall be expended for the improvement of roads and bridges in the city known as the town of Braintree; provided further, that not less than $1,000,000 shall be expended for the improvement of roads and bridges in the town of Holbrook; provided further, that not less than $2,000,000 shall be expended for the improvement of roads and bridges in the city of Quincy; provided further, that not less than $1,000,000 shall be expended for the improvement of roads and bridges in the town of Rockland; provided further, that not less than $8,030,000 shall be expended to the city of Lowell for infrastructure improvements to improve safety on Douglas road and Windward road; provided further, that not less than $1,200,000 shall be expended for improvements to Frost road in the town of Tyngsborough; provided further, that not less than $670,000 shall be expended for the construction of a sidewalk on Plain road in the town of Westford, extending from Nutting road to Grassy pond; provided further, that not less than $100,000 shall be expended for road improvements related to the water line project in the town of Dunstable; provided further, that not less than $1,670,000 shall be expended to the city of Haverhill for the replacement and repair of bridges, roads, sidewalks and crosswalks, including, but not limited to, safety and accessibility improvements at the intersection of state highway route 125 and Farrwood drive and repairs to bridge H-12-2, bridge H-12-3 and bridge H-12-4; provided further, that not less than $750,000 shall be expended to the town of Merrimac for the repair, reconstruction or replacement of the Mill street culvert and bridge including, but not limited to, addressing the exposed 12-inch high pressure gas transmission line thereon; provided further, that not less than $920,000 shall be expended to the town of Merrimac for the repair of the bridge and the replacement of the water main on Locust street; provided further, that not less than $500,000 shall be expended to the city of Methuen for safety improvements at the intersection of East street, Prospect street and Milk street including, but not limited to, increasing sight distance and visibility, reducing vehicle speeds, increasing the amount of safety signage and signalization, improving the intersection layout and design, improving pedestrian safety and increasing lighting; provided further, that not less than $1,170,000 shall be expended to the city of Methuen for safety improvements along the walking routes to the city’s kindergarten to grade 8 schools including, but not limited to, repairs, upgrades and new sidewalk infrastructure, including closing all sidewalk gaps, and the creation of pedestrian ramps and crosswalks that are compliant with the federal Americans with Disabilities Act; provided further, that not less than $250,000 shall be expended to the town of North Andover for the construction of new sidewalks on Sutton street between McEvoy field and Chadwick street; provided further, that not less than $1,420,000 shall be expended to the town of North Andover for the design, engineering, construction and permitting of streetscape improvements in the downtown area of the town, including, but not limited, to the creation of wider sidewalks, pedestrian and cyclist safety improvements, additional and improved crosswalks, lighting and signage and the burial of overhead utility lines; provided further, that not less than $1,660,000 shall be expended to the city of Newburyport for the Market Landing Park expansion project, including, but not limited to, the redevelopment of parking facilities and modes of transportation to the park; provided further, that not less than $465,000 shall be expended to the city of Amesbury for the design, construction and replacement of pedestrian bridges located in the Upper Millyard area of the downtown area of the city of Amesbury over the Powow river in order to bring the bridges into compliance with the federal Americans with Disabilities Act; provided further, that not less than $1,195,000 shall be expended to the city of Amesbury for the repair, replacement and safety and accessibility improvements of roads, sidewalks and crosswalks throughout the city; provided further, that not less than $1,500,000 shall be expended to support the Complete Streets Program in the city of Everett; provided further, that not less than $1,500,000 shall be expended for the construction of the Mystic Riverwalk in the city of Everett; provided further, that not less than $2,000,000 shall be expended for the Third street and Vine street Roadway Infrastructure Project in the city of Everett; provided further, that not less than $4,000,000 shall be expended for utility work and improvements in the Downtown Broadway corridor in the city of Chelsea; provided further, that not less than $2,700,000 shall be expended for the town of Eastham for design, engineering and construction works along United States highway route 6 and for projects included in the town's Complete Streets Prioritization Plan; provided further, that not less than $1,500,000 shall be expended to the town of Nantucket for the relocation of Baxter road and its infrastructure due to coastal erosion and for related repair and construction works; provided further, that not less than $500,000 shall be expended for the Cape Cod chamber of commerce, in collaboration with the Cape Cod Climate Change Collaborative Inc., to evaluate visitor centers and other private and public sites as potentially suitable locations for electric vehicle charging stations in Barnstable county; provided further, that not less than $4,300,000 shall be expended to Dukes county for the purposes of facility upgrades to the Martha's Vineyard airport including, but not limited to, repairs, upgrades and the maintenance of the airport's wastewater treatment facility; provided further, that not less than $1,600,000 shall be expended to the town of Auburn to replace the culvert on Sword street; provided further, that not less than $1,200,000 shall be expended to the town of Grafton for sidewalk improvements, the restoration of George Hill road and the design and construction of Westboro road; provided further, that not less than $1,000,000 shall be expended for repairs and improvements to the sutton street bridge in the town of Northbridge; provided further, that not less than $1,200,000 shall be expended for culvert replacements in the town of Westborough; provided further, that not less than $5,000,000 shall be expended for repairs and improvements to the Lake Avenue pumping station in the city of Worcester; provided further, that not less than $1,000,000 shall be expended for a feasibility study relative to extending rapid transit service from the current terminus of the Massachusetts Bay Transit Authority orange line at Oak Grove station in the city of Malden to the Massachusetts Bay Transit Authority rail station located in Roslindale Village in the Roslindale section of the city of Boston; provided further, that not less than $1,000,000 shall be expended for a feasibility study on the impact of the East Street bridge replacement project in the town of Dedham; provided further, that not less than $2,000,000 shall be expended for the design, permitting, construction and improvement of the bridge connecting Centre street in the town of Dover and Central avenue in the town of Needham; provided further, that not less than $2,000,000 shall be expended for improvements and maintenance on United States route 1 from the Marine Corps rotary in the town of Dedham to Spring street in the West Roxbury section of the city of Boston; provided further, that not less than $4,000,000 shall be expended for infrastructure improvements to Draw Seven park in the city of Somerville to prevent coastal storm surges from flanking the Amelia Earhart dam, link public transit to miles of multimodal paths along and across the Mystic river and improve public recreation, ecological restoration and waterfront access; provided further, that not less than $10,000,000 shall be expended for storm drain outlet repairs in the city of Springfield; provided further, that not less than $8,000,000 shall be expended for the purpose of double tracking installation and station improvements on the Haverhill line of the Massachusetts Bay Transportation Authority commuter rail, including, but not limited to, improvements at the North Wilmington, Ballardvale, Andover, Lawrence and Haverhill stations; provided further, that not less than $2,000,000 shall be expended for the purpose of improvements to state highway route 38 in the town of Tewksbury, including, but not limited to, improvements related to drainage, roadway resurfacing and sidewalk installation; provided further, that not less than $5,000,000 shall be expended for traffic and intersection improvements in the city known as the town of West Springfield; provided further, that not less than $2,000,000 shall be expended for reconstruction of the Schell bridge in the town of Northfield; provided further, that not less than $2,000,000 shall be expended for repairs to the Fields Corner station and range in the Dorchester section of the city of Boston; provided further, that not less than $2,000,000 shall be expended for improvements to the infrastructure, road, parking and sidewalks of Sugarloaf street and Park street in the town of Deerfield; provided further, that not less than $2,000,000 shall be expended for improvements to water and sewer lines, repaving, construction of sidewalks and bicycle safety lanes on West Main street, West Orange road and South Main street in the town of Orange; provided further, that not less than $10,000,000 shall be expended for roadway surface and safety improvements on state highway route 3A from the city known as the town of Weymouth to the town of Duxbury; provided further, that not less than $1,000,000 shall be expended for various road reconstruction efforts in the city known as the town of West Springfield; provided further, that not less than $2,000,000 shall be expended for design and construction of infrastructure and improvements to Lord Pond plaza in the town of Athol; provided further, that not less than $2,000,000 shall be expended for the planning, design and construction of a train noise containment facility and other noise mitigation improvements at the Massachusetts Bay Transit Authority Rockport commuter rail station located in the town of Rockport; provided further, that not less than $500,000 shall be expended for the planning, design and construction of improvements to the Ipswich commuter rail station located in the town of Ipswich; provided further, that not less than $3,700,000 shall be expended for the executive office of energy and environmental affairs, in conjunction with the Massachusetts Department of Transportation, to develop and implement solar-powered mobility networks; provided further, that not less than $250,000 shall be expended for the elevation of the roadbed on the section of Apple street that intersects with Southern avenue in the town of Essex; provided further, that not less than $437,500 shall be expended for culvert replacement in the downtown area of the town of Manchester-by-the-Sea; provided further, that not less than $437,500 shall be expended for culvert replacement on Middleton road in the town of Boxford; provided further, that not less than $437,500 shall be expended for culvert replacement on Orchard street in the town of Newbury; provided further, that not less than $437,500 shall be expended for the planning, design and construction of culvert replacements in the town of North Andover; provided further, that not less than $4,200,000 shall be expended for the costs associated with the design, construction, repair and improvement of new and existing bridges located in the city of Pittsfield and the town of Lee; provided further, that not less than $525,000 shall be expended for the installation of solar and electric vehicle charging facilities in the towns of Ashfield and Windsor; provided further, that not less than $3,275,000 shall be expended for improvements to culverts and for costs associated with engineering, construction, reconstruction, resurfacing, repair and improvement projects to roads in the towns of Rowe and Huntington; provided further, that not less than $500,000 shall be expended for the conduction of a traffic study and the installation of a new traffic light system in the city of North Adams; provided further, that not less than $500,000 shall be expended for roadway and sidewalk improvements on state highway route 114 in the town of Middleton; provided further, that not less than $500,000 shall be expended for the planning, design and construction of sidewalk improvements in the town of West Newbury; provided further, that not less than $500,000 shall be expended for road rehabilitation and reconstruction in the town of North Reading; provided further, that not less than $9,000,000 shall be expended to the City of Boston for electrifying Boston’s school bus fleet; provided further, that not less than $3,000,000 shall be expended for sidewalk construction and improvements in the city of Gloucester and the towns of Rockport, Manchester-by-the-Sea and Essex; provided further, that not less than $6,300,000 shall be expended to the Greater Attleboro Taunton Regional Transit Authority for the purchase of electric buses, passenger vans and mini vans; provided further, that not less than $300,000 shall be expended for improvements to the guardrail on Wrentham road over the Peters river bridge in the town of Bellingham; provided further, that not less than $500,000 shall be expended for road and drainage improvements on First avenue in the town of Bellingham; provided further, that not less than $500,000 shall be expended for road and drainage improvements on Middle avenue and Fourth avenue in the town of Bellingham; provided further, that not less than $1,000,000 shall be expended for improvements to culverts located on Willow street and Dedham street in the town of Dover; provided further, that not less than $1,200,000 shall be expended for improvements to Claybrook road in the town of Dover; provided further, that not less than $2,420,000 shall be expended for improvements to the Massachusetts Bay Transit Authority Franklin commuter rail station located in the city known as the town of Franklin; provided further, that not less than $3,000,000 shall be expended for drainage improvements, sidewalk improvements, full-depth reclamation, water main replacements and street improvements on Miller street, Oak street, Park street, Pleasant street and Pleasant court in the town of Medfield; provided further, that not less than $30,000 shall be expended for improvements to the intersection of state highway route 1A and Green street in the town of Wrentham; provided further, that not less than $50,000 shall be expended for a study on the feasibility of a downtown loop in the town of Wrentham; provided further, that not less than $500,000 shall be expended for improvements to the sidewalks on Creek street in the town of Wrentham; provided further, that not less than $500,000 shall be expended for downtown transportation improvement plans in the town of Wrentham; provided further that not less than $263,000 shall be expended for a Bluebikes bikeshare program in the town of Lexington; provided further that not less than $2,868,660 shall be expended for transportation and safety improvements at the intersection of Hartwell avenue and Maguire road in the town of Lexington; provided further that not less than $2,000,000 shall be expended to expand and improve the transportation infrastructure in the town of Burlington in accordance with the commonwealth's Complete Street policy; provided further that not less than $2,000,000 shall be expended to complete Phase 2 of the Massachusetts avenue improvement project in the town of Arlington; provided further, that not less than $1,500,000 shall be expended for water quality improvement projects along Sassaquin pond in the city of New Bedford; provided further, that not less than $1,000,000 shall be expended for roadway improvements along Bridge street from Huttleston avenue to state highway route 240 in the town of Fairhaven and said expenditures shall be in addition to the unexpended balance authorized in chapter 383 of the acts of 2020; provided further, that not less than $3,500,000 shall be expended to the South Coast Bikeway Alliance, Inc. for design and construction costs for the south coast bikeway through southeastern Massachusetts; provided further, that not less than $3,000,000 shall be expended to maintain and expand street parklets for outdoor dining, retail and entertainment in the downtown district and Acushnet avenue corridor in the city of New Bedford; provided further, that not less than $3,000,000 shall be expended for state highway route 16 road repairs in the town of Mendon; provided further, that not less than $3,000,000 shall be expended for construction of a bridge in the town of Dudley; provided further, that not less than $1,000,000 shall be expended for road safety improvements in the town of Holland; provided further, that not less than $1,000,000 shall be expended for road safety improvements in the town of Charlton; provided further, that not less than $1,000,000 shall be expended for road safety improvements in the town of Monson; provided further, that not less than $1,000,000 shall be expended for road safety improvements in the town of Douglas; provided further, that not less than $2,000,000 shall be expended for the construction and engineering costs associated with the reconstruction of South avenue from Commercial street to Plymouth street, also known as state highway route 58, in the town of Whitman; provided further, that not less than $1,000,000 shall be expended for improvements to sidewalks, roads and parking along South street and Plymouth street, also known as state highway route 106, in the town of Halifax; provided further, that not less than $6,550,000 shall be expended for the proposed reconstruction and re-signalization at the intersection of Crescent street, also known as state highway route 127, with Quincy street and Massasoit boulevard in the city of Brockton; provided further, that not less than $450,000 shall be expended for the replacement of the Pond street culvert in the town of East Bridgewater; provided further, that not less than $2,000,000 shall be expended for sidewalk and walkway improvements related to the Town Center project in the town of Billerica; provided further, that not less than $200,000 shall be expended for sidewalk installation and repairs in the town of West Bridgewater; provided further, that not less than $500,000 shall be expended for the engineering and redesign of Central square in the town of Bridgewater; and provided further, that not less than $500,000 shall be expended for the downtown sidewalk replacement plan in the town of Bridgewater; and provided further, that not less than $525,000 shall be expended for the signalization of the Matfield street and state highway route 28 intersection in the town of West Bridgewater; provided further, that not less than $1,500,000 shall be expended for construction, improvement and modernization costs related to the railroad station in the town of West Stockbridge; provided further, that not less than $2,275,000 shall be expended for the design and construction of Massachusetts Bay Transportation Authority commuter rail quiet zone compliant intersections in the town of Stoughton; provided further, that not less than $2,200,000 shall be expended for the signalization of the Canton and School street intersection in the town of Stoughton; provided further, that not less than $500,000 shall be expended in equal amounts to the towns of Avon, Canton, East Bridgewater, Easton, Milton, Sharon, Stoughton and West Bridgewater and to the cities known as the towns of Braintree and Randolph for the purposes of establishing electric vehicle charging stations; provided further, that not less than $2,000,000 shall be expended to fund a pilot program in the city of Peabody for a public transit connection between downtown Peabody and the commuter rail station in the city of Salem; provided further, that not less than $1,000,000 shall be expended for improvements to the Brimbal avenue and Dunham road intersection in the city of Beverly; provided further, that not less than $1,000,000 shall be expended for the restoration of the Topsfield linear common in the town of Topsfield; provided further, not less than $1,000,000 shall be expended for the western expansion of the Danvers Rail Trail in the town of Danvers; provided further, that not less than $850,000 shall be expended for emergency responses to passenger rail incidents within the South Coast Rail corridor south and west of the Pilgrim junction in the town of Middleborough by the municipal fire departments in the cities of New Bedford, Taunton and Fall River and the town of Lakeville and for the operation, maintenance and regional deployment of extraction equipment; provided further, that not less than $1,000,000 shall be expended to the city of Boston for the design and construction of traffic calming measures on Parsons street and Brooks street in the Brighton section of the city of Boston; provided further, that not less than $1,000,000 shall be expended to the department of conservation and recreation for accessibility improvements to sidewalks and roads on department of conservation and recreation properties in the Fenway neighborhood of the city of Boston; provided further, that not less than $5,000,000 shall be expended to the department of conservation and recreation for feasibility, design and construction of traffic calming and safety improvements for the intersections between and among the Leo M. Birmingham parkway, Nonantum road and Soldiers Field road in the Brighton section of the city of Boston; provided further, that not less than $3,000,000 shall be expended to the town of Belmont for feasibility, design and construction of traffic calming measures and safety improvements on Grove street; provided further, that not less than $50,000 shall be expended to Alternatives for Community & Environment, Inc. for environmental justice and transit equity advocacy programming led by the community, civic associations collaboration and volunteers; provided further, that not less than $5,000,000 shall be expended to convert the rest area and facility located on interstate highway route 95 in the town of Mansfield into a regional visitor information center to promote local and regional businesses and tourism; provided further, that the conversion shall be executed in consultation with the regional tourism council and regional chambers of commerce; provided further, that funds for the conversion may be expended for the design, rehabilitation, construction, safety improvements, accessibility upgrades, rest room construction, landscaping, paving and reopening related to the conversion; provided further, that not less than $250,000 shall be expended for transportation needs for the council on aging in the city of Melrose; provided further, that not less than $2,200,000 shall be expended for a water main and storm water drainage system at the intersection of Court street and Hedge road in the North Plymouth area of the town of Plymouth; provided further, that not less than $7,100,000 shall be expended for the construction of leach fields near the commuter rail station in the town of Kingston; provided further, that not less than $700,000 shall be expended to repair the culvert on Congress street in the town of Pembroke; provided further, that not less than $10,000,000 shall be allocated for water transportation infrastructure to provide daily ferry service to Long Island for those seeking mental health and substance use disorder treatment; provided further, that not less than $1,000,000 shall be expended for a feasibility study relative to the Massachusetts Bay Transportation Authority designating all commuter rail stations in the city of Boston as Zone 1A to promote fare equity for commuters in the city of Boston; provided further, that not less than $6,950,000 shall be expended for the operation of fare-free bus pilot programs to be administered by the Massachusetts Bay Transportation Authority and the regional transit authorities; provided further, that not less than $4,000,000 shall be expended for the Massachusetts Bay Transportation Authority to conduct an environmental impact review of the green line extension to Mystic Valley parkway; provided further, that not later than March 1, 2023, the Massachusetts Bay Transportation Authority shall submit a status update on the review to the joint committee on transportation and the house and senate committees on ways and means; provided further, that not less than $2,000,000 shall be expended for the planning, design and capital improvement of the Norfolk street bridge in the Dorchester section of the city of Boston; provided further, that not less than $2,000,000 shall be expended for raised intersections in the South Boston section of the city of Boston, including, but not limited to, at the intersection of L street and William J. Day boulevard; provided further, that not less than $2,000,000 shall be expended for equipment and infrastructure costs related to a Mass Graf Writers Collective Outreach pilot program, to be run in collaboration with the Massachusetts Department of Transportation and the Massachusetts Bay Transit Authority, focused on the long-term preservation and maintenance of assets impacted by unauthorized graffiti writing; provided further, that not less than $2,000,000 shall be expended for green space capital investments and maintenance for the medians along Gallivan boulevard, state highway route 203, and Columbia road in the Dorchester section of the city of Boston; provided further, that not less than $2,000,000 shall be expended for engineering and design studies, repairs and replacement of the Center street bridge in the town of Montague and the Paper Mill bridge in the towns of Montague and Erving; provided further, that not less than $2,500,000 shall be expended for the installation of a solar power array on the roof of the Worcester Regional Transit Authority operations building in the city of Worcester to charge electric battery buses used for public transportation; provided further, that not less than $750,000 shall be expended for sidewalk and lighting installation at the intersection of state highway route 140 and South Sewell street and new lane striping along route 140 for pedestrian safety in the town of Boylston; provided further, that not less than $150,000 shall be expended for the restoration and improvement of the aged parking lot in the town of West Boylston to prevent pollutants from entering the municipal small separate sewer system; provided further, that not less than $4,800,000 shall be expended for construction, improvements and repairs to state highway route 140 in the town of Princeton; provided further, that not less than $2,000,000 shall be expended for mitigation services during the closure of the Massachusetts Bay Transit Authority commuter rail station in the city of Lynn; provided further, that not less than $1,800,000 shall be expended for the construction of Main street in the town of Clinton; provided further, that not less than $1,000,000 shall be expended to expand and maintain free parking access, including electric vehicle charging stations, for Noah’s Place playground on Pope’s Island in the city of New Bedford; provided further, that not less than $28,000,000 shall be expended for the planning, design, construction, acquisition, operation and maintenance of infrastructure and vessels necessary for the operation of an intracoastal water-based transportation pilot program; provided further, that the pilot program shall be conducted for not less than 3 years and not more than 5 years; provided further, that the pilot program shall provide transportation to and between terminals including, but not limited to, facilities located in the cities of Gloucester, Salem, Lynn, Winthrop and Quincy and the East Boston, North End and South Boston waterfront sections of the city of Boston; provided further, that the operator of the pilot program shall, during the duration of the program, submit annual reports not later than December 31 to the clerks of the house of representatives and senate, the house and senate committees on ways and means and the joint committee on transportation, that shall include, but not be limited to: (i) program costs; (ii) the amount and frequency of ridership of the program; (iii) any needs for modifications or changes to the program; and (iv) cost-effectiveness data; provided further, that not less than 6 months before the conclusion of the pilot program, the operator shall submit a comprehensive report to the clerks of the house of representatives and the senate, the house and senate committees on ways and means and the joint committee on transportation that shall include, but not be limited to, recommendations on the desirability and feasibility of continuing all or any components of the pilot program; provided further, that not less than $2,500,000 shall be expended for planning, design, construction and any other costs associated with upgrades and improvements to the Ashland commuter rail station; provided further, that not less than $500,000 shall be expended to the town of Ashland for planning, design, construction and any other costs associated with traffic safety improvements on route 135 near the Ashland community center; provided further, that not less $4,500,000 shall be expended to the city of Framingham for planning, design, construction and any other costs associated with drainage improvements throughout Framingham; provided further, that not less than $1,000,000 shall be expended to the town of Holliston for planning, design, construction and any other costs associated with accessibility improvements to sidewalks throughout Holliston; provided further, that not less than $1,000,000 shall be expended to the town of Hopkinton for planning, acquisition, design, construction and any other costs associated with the extension of the Hopkinton Upper Charles trail; provided further, that not less than $1,000,000 shall be expended to the town of Medway for sidewalk and pedestrian safety improvements; provided further, that not less than $3,000,000 shall be expended to the town of Natick for planning, design, construction and any other costs associated with the creation of a shared use path along route 135 in the West Natick section of the town of Natick; provided further, that not less than $1,000,000 shall be expended for bike and pedestrian pathway improvements along Warren avenue and New Meadow road in the town of Swansea; provided further, that not less than $3,000,000 shall be expended for route 6 road improvements and upgrades in the town of Westport; provided further, that not less than $3,000,000 shall be expended for the Snake river culvert replacement and other improvements in the town of Lakeville; provided further, that not less than $2,000,000 shall be expended for the replacements of the Marys Pond road culvert over Leonard’s pond in the town of Rochester; and provided further, that not less than $1,000,000 shall be expended for Route 79 roadway improvements and upgrades in the town of Freetown ……………...................................................……$407,661,660
SECTION 2G.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Office of the Secretary
6720-2215For projects funded with discretionary federal grant funds for eligible projects in the federal highway system, federal transit system, federal aviation administration system or federal rail 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 funds may be expended for bicycle, pedestrian and other multi-modal facilities and electric vehicle charging infrastructure; provided further, that funds may be expended for the costs of projects and programs included in the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58; 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; provided further, that, unless the executive office of labor and workforce development certifies that it would create a worker safety risk, as defined by the executive office, on public works projects funded under this item where the amount of construction costs under any contract awarded is likely to exceed $1,000,000, not less than 20 per cent of the total hours of work of employees receiving an hourly wage who are directly employed on the site of the project by the contractor or a subcontractor and who are subject to the prevailing wage, shall be performed by apprentices in bona fide apprentice training programs as provided in sections 11H and 11I of chapter 23 of the General Laws that are approved by the division of apprentice standards in the executive office of labor and workforce development; 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…………………………………………………………………...…$3,500,000,000
SECTION 2H.
MASSACHUSETTS DEPARTMENT OF TRANSPORTATION
Rail and Transit Division
6622-2214For the implementation of the mobility assistance program pursuant to 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; and provided further, that funds may be expended for the costs of projects and programs included in the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58....................................................................................................................................$25,501,000
SECTION 2I.
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Office of the Secretary
2000-2030For the development and implementation of programs to promote, establish or expand public alternative fueling stations and electric vehicle charging infrastructure, the development and implementation of incentive programs promoting e-bikes and public transportation, replacement of high-emissions vehicles, electric vehicles for hire and carsharing, electric school buses, electric short-haul freight and delivery trucks and other pilot projects that focus on equity and inclusion while reducing emissions; provided, that such funds may be used to support community organizations and local programs that reduce vehicle emissions; provided further, that not less than $50,000,000 shall be expended for grants under the MassEVIP Direct Current Fast Charging program; provided further, that not less than $25,000,000 of the amount appropriated in this item for the program shall be made available to regional transit authorities for costs associated with the creation or expansion of electric vehicle fleet charging stations; and provided further, that funds may be expended for the costs of projects and programs provided for in the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58…………………………………………………...…..…...$175,000,000
SECTION 2J.
EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS
Office of the Secretary
2000-2031For the development and implementation of programs to promote, establish or expand public alternative fueling stations and electric vehicle charging infrastructure, the development and implementation of incentive programs promoting e-bikes and public transportation, replacement of high-emissions vehicles, electric vehicles for hire and carsharing, electric school buses, electric short-haul freight and delivery trucks and other pilot projects that focus on equity and inclusion while reducing emissions; provided, that such funds may be used to support community organizations and local programs which reduce vehicle emissions; and provided further, that funds may be expended for the costs of projects and programs provided for in the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58……………………………..………………………………………………………..$50,000,000
SECTION 3. Section 40 of chapter 82 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the words “company”, in line 5, the first time it appears, the following words:- , municipal traffic signal department.
SECTION 4. Said section 40 of said chapter 82, as so appearing, is hereby further amended by inserting after the definition of “Excavator” the following 2 definitions:-
“Marking standards”, the methods by which a company designates its facilities in accordance with standards established by the Common Ground Alliance and the American Public Works Association.
“Nonmechanical means”, excavation using any device or tool manipulated by human power, including air vacuum, air blowing or similar methods of excavation designed to minimize direct contact with utilities.
SECTION 5. Said section 40 of said chapter 82, as so appearing, is hereby further amended by inserting after the definition of “Premark” the following definition:-
“Professional land surveyor”, a professional land surveyor as defined in section 81D of chapter 112.
SECTION 6. Section 40A of said chapter 82, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
Any professional land surveyor working on a preliminary design for a new facility or renovation where excavation is necessary shall: (i) premark the proposed excavation; and (ii) provide initial notice to the system.
SECTION 7. Section 40B of said chapter 82, as so appearing, is hereby amended by inserting after the word “excavator”, in lines 3, 12 and 15, the following words:- or professional land surveyor.
SECTION 8. Said section 40B of said chapter 82, as so appearing, is hereby further amended by adding the following sentence:- A company shall conduct periodic audits to ensure: (i) the accuracy of the designated location and marking of its facilities; and (ii) its adherence to marking standards.
SECTION 9. Section 40E of said chapter 82, as so appearing, is hereby amended by striking out, in line 2, the words “telecommunications and energy” and inserting in place thereof the following words:- public utilities.
SECTION 10. Said section 40E of said chapter 82, as so appearing, is hereby further amended by adding the following sentence:- The department of public utilities may require any person or company not in compliance with sections 40A to 40E, inclusive, to complete a “dig safe” training program in lieu of a fine for a first offense.
SECTION 10A. Chapter 85 of the General Laws is hereby amended by inserting after section 11B½ the following section:-
Section 11B¾. (a) For the purposes of this section, the terms “electric bicycle”, “class 1 electric bicycle”, “class 2 electric bicycle,” and “class 3 electric bicycle” shall have the same definitions as in section 1 of chapter 90. The terms “bike path”, “bike lane” and “bike route” shall have the same definitions as in section 1 of chapter 90E.
(b)(1) Except as otherwise provided in this section, an electric bicycle or an operator of an electric bicycle shall be afforded all of the rights and privileges, and be subject to all of the duties, of a bicycle or the operator of a bicycle under any general or special law, regulation or local ordinance. Electric bicycles may be ridden on a street, road, way, bike lane, bike path, bike route, or shared-use path that is open for use by bicycles; provided, however, that:
(i) a municipality, local authority or state agency having jurisdiction over a street, road, way, bike lane, bike path, bike route, or shared-use path that is open for use by bicycles may, after public notice and hearing, adopt ordinances or regulations prohibiting or otherwise regulating the operation of class 1 electric bicycles, class 2 electric bicycles or class 3 electric bicycles on such paths, including, but not limited to, the imposition of speed limits;
(ii) a municipality, local authority or state agency having jurisdiction over a bike lane, bike path, bike route, or shared-use path that is open for use by bicycles may authorize the operation of class 3 electric bicycles on the path and until such time no class 3 electric bicycle may be operated on such a path;
(iii) this paragraph shall not apply to a trail designated for nonmotorized traffic if the trail has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added; provided, however, that a municipality, local authority or state agency may regulate the use of electric bicycles on such a trail within its jurisdiction; and
(iv) an electric bicycle shall not be operated on sidewalks.
(2) Electric bicycles shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission established in 16 C.F.R. 1512.
(3) Manufacturers and distributors of electric bicycles shall apply a label that is permanently affixed, in a prominent location, to each electric bicycle containing the classification number, top assisted speed, and motor wattage of the electric bicycle.
(4) A person shall not tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle unless they appropriately replace the label required by paragraph (3).
(c)(1) A person under the age of 16 shall not operate a class 3 electric bicycle. A person under the age of 16 may ride as a passenger on a class 3 electric bicycle that is designed to accommodate passengers.
(2) All operators and passengers of class 3 electric bicycles shall wear a properly fitted and fastened bicycle helmet that meets the standards established by either the United States Consumer Product Safety Commission or the American Society for Testing and Materials or standards subsequently established by such entities. A violation of this paragraph shall not be used as evidence of contributory negligence in a civil action.
(3) All class 3 electric bicycles shall be equipped with a speedometer that displays the speed the bicycle is traveling in miles per hour.
(d) The secretary of transportation may promulgate additional regulations regarding electric bicycles, including, but not limited to, their safe operation and proper labeling. The secretary shall submit any such proposed regulation to the clerks of the house of representatives and senate and to the joint committee on transportation not less than 30 days prior to its effective date.
SECTION 10B. Section 1 of chapter 90 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by inserting after the definition of “Bus or motor bus” the following 3 definitions:-
“Class 1 electric bicycle”, an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.
“Class 2 electric bicycle”, an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.
“Class 3 electric bicycle”, an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.
SECTION 10C. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Department” the following definition:-
“Electric bicycle” shall mean a bicycle or tricycle equipped with fully operable pedals and an electric motor of 750 watts or less.
SECTION 10D. The definition of “Licensed private driver school” in said section 1 of said chapter 90, as so appearing, is hereby amended by adding the following sentence:- The definition of “motorized bicycle” shall not include an electric bicycle.
SECTION 10E. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “motorcycle”, in line 275, the following words:- electric bicycle.
SECTION 10F. Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the word “include”, in line 293, the following words:- electric bicycles or.
SECTION 11. Section 7E of said chapter 90 is hereby amended by inserting after the word “registrar”, in line 68, as so appearing, the following words:- , or (vii) a vehicle or equipment owned or used by the Massachusetts Department of Transportation in connection with maintenance or construction activities in highway work zones, and only by authority of a permit issued by the registrar,.
SECTION 11A. Section 1 of chapter 90D of the General Laws, as so appearing, is hereby amended by inserting after the word “include”, in line 25, the following words:- electric bicycles or.
SECTION 11B. Section 10 of chapter 159A½ of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-
Notwithstanding any general or special law to the contrary, any airport commission established pursuant to section 39G or 51E of chapter 90 that receives scheduled commercial passenger aircraft services may establish a reasonable pick-up fee for the transportation network company’s use of the airport’s facilities and may designate locations for staging, pickup and other similar operations at the airport.
SECTION 11C. Said chapter 159A½ is hereby further amended by adding the following section:-
Section 12. (a) On the first day of each month, each transportation network company shall submit to the division, in a format approved by the division, data related to each pre-arranged ride provided in the month prior to the previous month and shall include for each pre-arranged ride: (i) the latitude and longitude for the points of the origination and termination, calculated to 0.001 decimal degrees; (ii) the date and time of the origination and termination, calculated to the nearest minute; (iii) the total cost paid by the rider for the ride; (iv) the universally-unique identifier associated with the transportation network driver; (v) the transportation network driver’s city or town of residence as appearing on the driver’s license; (vi) whether the rider requested a shared ride but was not successfully matched with another rider; (vii) whether the rider requested accommodation for special needs; (viii) whether the ride was provided by a wheelchair accessible vehicle; (ix) whether there were any driver or rider-initiated cancellations; (x) the total time that the transportation network driver spent on the way to pick up the rider; (xi) the total time that the transportation network driver spent providing the pre-arranged ride; (xii) the geographic position of the vehicle during the entire duration of the pre-arranged ride, provided at intervals of not less than every 60 seconds of the pre-arranged ride; (xiii) the total mileage driven by the transportation network driver while on the way to pick up the rider; (xiv) the total mileage driven by the transportation network driver while providing the pre-arranged ride; (xv) the transportation network vehicle license plate; (xvi) whether the transportation network driver is a professional driver, as advertised by the transportation network company; and (xvii) whether the pre-arranged ride was advertised by the transportation network company as a luxury or premium ride, regardless of whether the transportation network vehicle was registered as a livery vehicle; provided, however, that if the pre-arranged ride was advertised by the transportation network company as a luxury or premium ride, the factors that were considered in that designation, including, but not limited to, vehicle make, model, year, and, if available, trim, whether the transportation network driver was a professional driver, as advertised by the transportation network company and whether the ride was available by an exclusive membership option.
(b) The division may obtain additional ride data from a transportation network company for the purposes of congestion management, which may include, but shall not be limited to: (i) the total number of transportation network drivers that utilized the transportation network vehicle’s digital network within specified geographic areas and time periods as determined by the division; and (ii) the total time spent and total miles driven by transportation network drivers in such geographic areas or time periods as determined by the division: (A) while on the way to pick up a rider; or (B) while engaged in a pre-arranged ride. The division shall promulgate regulations relative to data collection pursuant to this subsection prior to obtaining the data.
(c) Annually, not later than June 30, the division shall post on its website, in aggregate form, the total number of rides provided by all transportation network companies that originated in each city or town, each city or town where the rides originating in each city or town terminated and the average miles and minutes of the rides that originated in each city or town and terminated in each other respective city or town.
(d) For the purposes of congestion management, transportation planning or emissions tracking, the division may enter into confidential, data-sharing agreements to share de-identified, trip-level data received by the division pursuant to this section with the executive office of technology services and security, the executive office of energy and environmental affairs, the Massachusetts Department of Transportation, the Massachusetts Port Authority, the Massachusetts Bay Transportation Authority, the department of environmental protection, a regional transit authority established under section 3 of chapter 161B, a regional planning agency in the commonwealth and a metropolitan planning organization in the commonwealth. The division shall prescribe the form and content of a confidential data-sharing agreement under this subsection, the manner of transmitting the information and the information security measures that shall be employed by an entity receiving the data under any such data sharing agreement. A confidential data-sharing agreement shall specify that the information provided by the division shall be aggregated and de-identified and may be used only for the purposes set forth in the agreement. Any data received by an entity from the division through a confidential data-sharing agreement under this subsection shall not be considered a public record under clause Twenty-sixth of section 7 of chapter 4 or chapter 66 and shall not be disclosed to any person or entity other than those listed or described in the confidential data-sharing agreement; provided, however, that a state or municipal government agency or transportation planning entity may disclose conclusions and analyses derived from the information and from the data received pursuant to a confidential data-sharing agreement.
(e) A violation of the terms of a confidential data-sharing agreement by an entity listed in subsection (d) may result in the division declining to enter into future confidential data-sharing agreements with the violating entity and in the termination of any existing data-sharing agreement with the entity. The division shall notify each transportation network company whose data was shared in violation of the terms of a confidential data-sharing agreement of the violation, the violating entity and what data was shared. An entity listed in subsection (d) that violates the terms of a confidential data-sharing agreement shall destroy all data received as a result of the confidential data-sharing agreement.
SECTION 12. Section 46 of chapter 161A of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following paragraph:-
The authority shall provide adequate parking alternatives to commuters during any demolition or reconstruction of a parking lot or parking garage owned or operated by the authority. The authority shall consider: (i) the number of parking spaces affected by the project; and (ii) the average number of weekday commuters utilizing the parking facility, using levels from 2019, to determine how many alternative parking spaces shall be required.
SECTION 13. Subsection (e) of section 9 of chapter 152 of the acts of 1997 is hereby amended by inserting after the word “Fund” the following sentence:- The additional surcharge imposed under this subsection shall not apply to a vehicle in a car-sharing organization as defined in section 32J of chapter 90 of the General Laws that is used or reserved by a member of the car-sharing organization.
SECTION 14. Section 8 of chapter 187 of the acts of 2016 is hereby amended by striking out subsection (c), as appearing in section 9 of said chapter 187, and inserting place thereof the following subsection:-
(c) The division shall: (i) proportionately distribute ½ of the amount collected to a city or town based on the number of rides from the previous calendar year that originated within that city or town to address the impact of transportation network services on municipal roads, bridges and other transportation infrastructure or any other public purpose substantially related to the operation of transportation network services in the city or town, including, but not limited to, the complete streets program established in section 1 of chapter 90I of the General Laws and other programs that support alternative modes of transportation; provided, that, if the amount of the distribution to a city or town is not greater than $25,000, the chief executive officer, as defined in Clause Fifth B of section 7 of chapter 4 of the General Laws, may expend such funds for these purposes without further appropriation; and (ii) distribute ½ of the amount collected to the Commonwealth Transportation Fund established in section 2ZZZ of chapter 29 of the General Laws.
SECTION 15. Said section 8 of said chapter 187 if hereby further amended by striking out subsection (d) and inserting in place thereof the following subsection:-
(d)(1) Not later than December 31 of each year in which a city or town receives a disbursement greater than $25,000 from the Transportation Infrastructure Enhancement Trust Fund, that city or town shall submit a report to the director of the division that details the projects and the amount used or planned to be used for transportation-related projects as described in subsection (c).
(2) Not later than December 31 of each year in which a city or town receives a cumulative total greater than $25,000 in disbursements from the Transportation Infrastructure Enhancement Trust Fund since its last report to the director of the division, that city or town shall submit a report to the director of the division that details the projects and the amount used or planned to be used for transportation-related projects as described in subsection (c) for each disbursement from the Transportation Infrastructure Enhancement Trust Fund since the city or town’s last report to the director of the division.
(3) A city or town whose cumulative total disbursements from the Transportation Infrastructure Enhancement Trust Fund have not exceeded $25,000 in the 5 years since its last report to the director of the division shall submit a report to the director of the division not later than December 31 of the fifth year since its last report to the director of the division. The report shall detail the projects and the amounts used or planned to be used for transportation-related projects as described in subsection (c) for each annual disbursement from the Transportation Infrastructure Enhancement Trust Fund since the city or town’s last report to the director of the division.
(4) The division shall withhold future disbursements from the Transportation Infrastructure Enhancement Trust Fund from any city or town that does not comply with the reporting requirements of this subsection. The withheld funds shall be disbursed after the city or town complies with the requirements of this subsection.
(5) On an annual basis, the director shall compile the reports and post the projects and amounts of money used on the website of the division.
SECTION 16. (a)(1) The Massachusetts Department of Transportation, in consultation with the comptroller, shall develop and operate a publicly accessible and searchable website to provide reporting on expenditures from this act and any project receiving federal funding from the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58 and any successor or reauthorizations of such acts.
(2) The website shall be updated weekly and shall: (i) allow users to electronically search by field in a single search: (A) project type;, (B) category of spending;, and (C) recipient; (ii) allow users to download information yielded by the search; and (iii) where possible, contain geographical representations of data and hyperlink any information related to the Infrastructure Investment and Jobs Act of 2021 publicly available for the project.
(b) The website shall provide a breakdown of: (i) all federal grants and direct funds available and awarded to the commonwealth; (ii) amounts of state matching dollars necessary, if any; (iii) state dollars to be used, for each project or project type; (iii) current balance of funds not yet expended; (iv) projects pending, including whether the project is being procured or a contract has been awarded; and (v) planned use of available funding not yet committed for expenditure by category of spending and purpose of expenditure.
(c) The website shall be available with the information described in subsection (b) not later than September 30, 2022.
SECTION 17. (a) For the purposes of this section, “operate” shall include, but not be limited to, the awarding, management and oversight of a contract with a third-party to operate the service.
(b) There shall be a commission to investigate and receive public testimony concerning public entities now in existence or that may be created by statute with the ability to design, permit, construct, operate and maintain passenger rail service that meets the standards of at least 1 of the Final Alternatives set forth in the East-West Passenger Rail Study Final Report issued by the Massachusetts Department of Transportation in January 2021.
(c)(1) The commission shall consist of: 4 members of the house of representatives appointed by the speaker of the house, 1 of whom shall serve as co-chair and 3 of whom shall represent municipalities in Hampden, Berkshire, Hampshire, Franklin, or Worcester counties; 4 members of the senate appointed by the president of the senate, 1 of whom shall serve as co-chair and 3 of whom shall represent municipalities in Hampden, Berkshire, Hampshire, Franklin or Worcester counties; the secretary of transportation or a designee, who shall serve as vice chair; the general manager of the Massachusetts Bay Transportation Authority or a designee; the administrator of the rail and transit division of the Department of Transportation; the executive director of the Pioneer Valley planning commission, or a designee; the executive director of the Franklin Regional council of governments, or a designee; the executive director of the Central Massachusetts Regional planning commission, or a designee; the executive director of the Berkshire Regional planning commission, or a designee; 1 member appointed by the 495/MetroWest Partnership; 1 member appointed by the MetroWest Regional Collaborative; 1 member appointed by the minority leader of the senate; 1 member appointed by the minority leader of the house of representatives; and the executive director of the University of Massachusetts Transportation Center, or a designee..
(2) Members may attend and participate in meetings remotely, and the chair shall ensure that members are able to join the proceedings using video conferencing software and that the hearings shall be made available for viewing and participation by the public virtually.
(d) The commission shall examine and receive testimony on matters concerning the public entities described in subsection (b), including, but not limited to: (i) the feasibility of directing an existing public entity to design, permit, construct or operate the rail service; (ii) the operational and geographic jurisdiction of any newly-created public entity and any areas of potential conflict with existing public entities that may arise in connection with the operation of the rail service; (iii) governance, powers, assets and liabilities of any newly-created public entity; and (iv) funding sources for projected operating and capital budgets associated with the rail service.
(e) The commission shall consult with subject matter experts and stakeholders, including, but not limited to, representatives from the National Railroad Passenger Corporation, relevant departments and agencies within the United States Department of Transportation, freight rail entities, transportation advocacy groups, housing and environmental advocacy groups, regional planning agencies and municipalities. The commission shall be supported by staff from the Massachusetts Department of Transportation.
(f) The commission shall hold not less than 6 public hearings for the purpose of receiving public testimony; provided, however, that at least 1 meeting shall be in each of the follow locations: (i) Hampden county; (ii) Berkshire county; (iii) Hampshire county; (iv) Franklin county; (v) Worcester county; and (vi) in a community along the proposed route in Middlesex county.
(g) Appointments to the commission shall be made not later than 14 days after the effective date of this act. The commission shall convene its initial meeting not later than 45 days after the effective date of this act.
(h) Not later than December 31, 2022, the commission shall file a report of its findings and any recommendations with the secretary of transportation, the joint committee on transportation and the clerks of the senate and house of representatives. The report and recommendations shall include, but not be limited to, a section detailing projected costs identifying, by category, the project’s design, permitting, land acquisition, utility connections, land and right of way acquisition, capital equipment, updated ridership projections and operations for possible levels of service. The Massachusetts Department of Transportation shall make the report publicly available on its website.
SECTION 18. (a) For the purposes of this section, the term “public transportation” shall include the Massachusetts Bay Transportation Authority and regional transportation authorities.
(b) There shall be a special commission on mobility pricing to investigate, study and make recommendations on the development and deployment of comprehensive and regionally-equitable public transportation pricing, roadway pricing and congestion pricing.
The commission shall consist of: the secretary of transportation, or a designee; the chief executive officer of the Greater Boston Chamber of Commerce; and 14 members to be appointed by the governor, 1 of whom shall be an expert in transportation planning and policy and who shall not be an employee of the commonwealth or any political subdivision thereof, who shall serve as chair, 1 of whom shall be an expert in tolling systems or toll authorities, 1 of whom shall be an expert in transportation financing, 1 of whom shall be an expert in traffic congestion and congestion pricing, 1 of whom shall be a representative of Transportation for Massachusetts, 1 of whom shall be a representative of the Massachusetts Taxpayers Foundation, Inc., 2 of whom shall be members of the Massachusetts Municipal Association, Inc. who represent geographically-diverse areas of the commonwealth, 1 of whom shall be a representative of the Massachusetts Bay Transportation Authority advisory board, 1 of whom shall be a representative from the Massachusetts Association of Regional Transit Authorities, Inc., 1 of whom shall be a representative from A Better City, Inc., 1 of whom shall be a representative of the 495/MetroWest Corridor Partnership, Inc. and 2 of whom shall be employed by organizations that represent low-income communities that have been historically underserved by transit and acutely adversely affected by the public health impacts of traffic congestion; provided, however, that the members representing low-income communities shall not be from the same organization.
(c) For roadway and congestion pricing, the commission shall: (i) identify and analyze physical, technological, legal and other issues or requirements related to roadway pricing in the commonwealth; (ii) propose detailed specifications and regionally-equitable locations for toll gantries and other equipment necessary to assess and collect tolls; (iii) advise the Massachusetts Department of Transportation on roadway pricing scenarios under the federal Value Pricing Pilot Program; (iv) provide estimates of annual operation and maintenance costs; (v) provide estimates of annual revenue with consideration of declining motor vehicle fuel excise revenue due to vehicle electrification; (vi) provide traffic forecasts, including forecasts of traffic diversion impacts; (vii) provide a regional and social equity analysis with specific recommendations related to mitigating adverse impacts; (viii) provide potential impacts on vehicular emissions reduction; (ix) identify all local, state and federal approvals necessary to deploy new tolls and other roadway pricing mechanisms on relevant roadways; and (x) take into consideration roadway and congestion pricing programs in other jurisdictions throughout the United States and the world.
(d) For public transportation pricing, the commission shall: (i) study commute and demand patterns for public transit entities; (ii) study economic development and housing patterns and projections and the impact each has on public transit demand; (iii) review the commonwealth’s laws regarding emissions reductions within the transportation sector; (iv) determine fare structures for all modes of transit of the Massachusetts Bay Transportation Authority and regional transit authorities that account for commute patterns and demand, economic development and housing patterns and emissions reduction requirements; (v) provide estimates of annual operation and maintenance costs; (vi) provide estimates of annual revenue; (vii) provide ridership forecasts; (viii) provide a regional and social equity analysis with specific recommendations related to mitigating adverse impacts; (ix) provide potential impacts on vehicular emissions reduction; (x) identify all local, state and federal approvals necessary to deploy new fare structures at regional transit authorities and the Massachusetts Bay Transportation Authority; and (xi) take into consideration public transportation pricing programs in other jurisdictions throughout the United States and the world.
(e) The commission may also: (i) propose any other revenue sources and strategies that may be needed to meet the commonwealth’s 2050 emissions mandates; and (ii) provide year-to-year direct measurements and estimates of annual operation and maintenance costs.
(f) The commission may investigate, study and make recommendations on additional mobility methods as necessary.
(g) Not later than July 1, 2023, the commission shall file a report of its findings and recommendations, including legislative recommendations and not more than 5 scenarios for mobility pricing plans, with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation. The report shall include, but not be limited to, an analysis of mitigation measures to address social equity issues, including, but not limited to, social equity issues for communities underserved by the current transportation system.
SECTION 19. Not more than 1 week after the effective date of this act and monthly thereafter, the Massachusetts Bay Transportation Authority shall file a report with the joint committee on transportation and shall make the report publicly accessible on the Massachusetts Bay Transportation Authority website. The report shall include: (i) all unfilled job positions, including the position title and the length of time the position has been open; (ii) all positions filled in the prior month; and (iii) the length of time needed for the completion of any required training after an individual has been hired and prior to the date on which the individual may start to perform the role in the capacity for which the individual was hired.
SECTION 20. Notwithstanding the first sentence of subsection (a) of section 39M of chapter 30 of the General Laws, the division of highways, established in section 37 of chapter 6C of the General Laws, may implement a pilot program to procure 3 public works projects pursuant to said section 39M of said chapter 30 that are expected to interfere with the movement of traffic or the traveling public through a cost-plus-time procurement that awards the project to a responsible and eligible bidder with the lowest bid value after taking into account the amount of time that the bidder has identified in the bid for completion of the project; provided, however, that 2 of the projects shall each have an estimated value not greater than $50,000,000 and 1 of the projects shall have an estimated value not greater than $100,000,000; provided further, that prior to procuring each project, the division shall secure all requisite permits, including, but not limited to, environmental, historical and right of way permits; and provided further, that the division may reject a bid to serve the public interest. The administrator of the division shall establish, in consultation with the office of the inspector general, such additional procurement requirements, procedures and project standards necessary to encourage full competition and best construction practices. Prior to approving the procurement procedures herein, the office of the inspector general shall seek input and comment on the procurement procedures from the Construction Industries of Massachusetts, Inc. and the American Council of Engineering Companies of Massachusetts.
All general and special laws generally applicable to public works projects, including, but not limited to, sections 26, 27, 27A, 27B, 27C, 27D, 27F and 34A of chapter 149 of the General Laws and sections 39F, 39G, 39H, 39J, 39K, 39M, 39N, 39O, 39P and 39R of said chapter 30, but excluding the first sentence of subsection (a) of said section 39M of said chapter 30, shall apply to all public works projects using the cost-plus-time bidding procurement method provided in this section.
SECTION 20A. (a) There shall be a special commission to study and examine the transportation, resiliency, infrastructure and multi-modal needs of the South Boston Waterfront and South Boston community in the city of Boston, as designated by the Boston Planning and Development Agency.
The commission shall consist of: the 1st Suffolk member of the senate, who shall serve as co-chair; the 4th Suffolk member of the house of representatives who shall serve as co-chair; the secretary of transportation or a designee; the secretary of public safety and security or a designee; the executive director of the Massachusetts Port Authority or a designee; the executive director of Massachusetts Convention Center Authority or a designee; the director of the Boston Planning and Development Agency or a designee; the mayor of the city of Boston or a designee; and the District 2 Boston City Councilor or a designee.
(b) The commission shall: (i) evaluate and recommend transportation and infrastructure improvements necessary to: (A) improve mobility for pedestrians, transit users, cyclists and motorists; and (B) strengthen climate resiliency in the South Boston Waterfront and South Boston community in the city of Boston; (ii) develop a comprehensive plan for the South Boston Waterfront; and (iii) identify short-term investments to improve mobility for pedestrians, transit users, cyclists, motorists freight movements and other commercial transportation uses along the South Boston Waterfront and the South Boston community impacted.
(c) The commission shall file a report of its findings and recommendations, including any recommended legislation, with the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than June 1, 2023.
SECTION 20B. (a) There shall be a special commission to study and examine the transportation, resiliency, infrastructure and multi-modal needs of the regional corridor of Morrissey boulevard in the city of Boston.
The commission shall consist of: the secretary of energy and environmental affairs or a designee, who shall serve as co-chair; the secretary of transportation or a designee, who shall serve as co-chair; the secretary of public safety and security or a designee; the commissioner of conservation and recreation or a designee; the mayor of the city of Boston or a designee; 1 member of the city council of the city representing District 3 or a designee; the 1st Suffolk member of the senate or designee; 4th Suffolk member of the house of representatives or designee and the 13th Suffolk member of the house of representatives or designee.
(b) The commission shall: (i) evaluate and recommend transportation and infrastructure improvements to: (A) improve mobility for pedestrians, transit users, cyclists and motorists; and (B) strengthen climate resiliency at Kosciuszko circle in the Dorchester section of the city of Boston and along Morrissey boulevard in the city; (ii) develop a comprehensive plan for the Morrissey boulevard corridor; and (iii) identify short-term investments to improve mobility for pedestrians, transit users, cyclists and motorists along the Morrissey boulevard corridor.
In making its recommendations, the commission shall prioritize infrastructure designs that contribute to meeting statewide greenhouse gas emissions limits and the city’s carbon-neutral goals, including, but not limited to, maximizing opportunities for sustainable transportation, including walking, bicycling and transit use, and public realm designs that serve open space needs.
(c) The commission shall file a report of its findings and recommendations, including any recommended legislation, with the clerks of the senate and house of representatives and the senate and house committees on ways and means not later than June 1, 2023.
SECTION 20C. The bridge on Main street which crosses over the Kingston Plymouth commuter rail line in the city known as the town of Weymouth shall be designated and known as the Sergeant Michael C. Chesna First Responders Bridge. The Massachusetts Department of Transportation shall erect and maintain suitable markers bearing the designation in compliance with the standards of the department.
SECTION 20D. (a) The Massachusetts Bay Transportation Authority shall develop and implement short-term, medium-term and long-term plans for each line of the commuter rail system to ensure that the rail system is fully integrated into the commonwealth’s transportation system and designed to make the system more productive, equitable and decarbonized. Each plan shall seek to maximize the ridership returns on investment and shall be designed to meet statewide greenhouse gas emissions limits established in chapter 21N of the General Laws.
(b)(1) For the short-term plan, the authority shall include immediate action items to operate electric locomotive service along the Providence/Stoughton line, the Fairmont line, the line from the cities of Boston to the cities of Everett, Chelsea, Revere, Lynn, Salem and Beverly, and any other line identified by the Authority. The plan shall include, but not be limited to: (i) a detailed critical path schedule for each phase; (ii) cash flow needs organized by fiscal year through completion of each phase; (iii) a regional strategy to receive all necessary environmental approvals and permits; (iv) a list of needs from utilities to achieve adequate and redundant power to update the system; (v) target completion dates; and (vi) a conceptual work plan and a schedule outlining the work to be pursued in 2022 and 2023. The authority shall include, in any capital plan approved after the effective date of this act, purchases necessary to begin the transition to electric service on the rail lines listed in this section.
(2) For the medium and long-term plans, the plans shall include, but not be limited to: (i) a comprehensive and specific plan to electrify the remainder of the commuter rail fleet for all lines as necessary to maximize the ridership returns on investment and meet statewide greenhouse gas emissions limits and sublimits established in chapter 21N of the General Laws; (ii) a list of necessary updates to layover and maintenance facilities; (iii) a list of necessary infrastructure upgrades; and (iv) a schedule for fleet design, testing, procurement and deployment.
(c) The authority shall publish and receive public comment on its short-term plan under paragraph (1) of subsection (b) by November 1, 2022 or 180 days after the effective date of this act, whichever is later. The authority shall publish and receive public comment on its medium and long-term plans under paragraph (2) of said subsection (b) by December 31, 2023 or 180 days after the effective date of this act, whichever is later.
SECTION 20E. The Massachusetts Department of Transportation shall, in consultation with the executive office energy and environmental affairs, study the feasibility of wildlife crossings projects and create an action plan for the purpose of establishing and maintaining wildlife crossings projects within the commonwealth. The plan shall conform to the federal grant eligibility criteria and requirements for wildlife crossings pilot programs under the Infrastructure Investment and Jobs Act of 2021, Public Law 117-58. The department shall post a copy of the plan on its website not later than December 31, 2022.
SECTION 20F. The Massachusetts Bay Transportation Authority shall develop a mobility mitigation plan to address the closure of the Central Square-Lynn station in the city of Lynn. The plan shall: (i) include consideration of shuttle service to nearby commuter rail or subway stations to provide convenient and efficient replacement options; (ii) ensure that alternative transportation options provided as mitigation measures do not result in increased costs to commuters impacted by the closure of the station; and (iii) detail plans for consumer facing outreach campaign to inform impacted commuters of alternative transportation options. The plan shall be submitted to the joint committee on transportation not later than August 1, 2022.
SECTION 20G. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority, in coordination with the secretary of health and human services, shall implement a low-income fare program that provides free or discounted transit fares to qualifying riders on all modes of transportation operated or overseen by the authority.
(b) In developing the low-income fare program, the Massachusetts Bay Transportation Authority shall develop a stakeholder engagement plan and implementation analysis. The engagement plan shall ensure engagement with relevant stakeholders and provide opportunities for public input in geographically diverse service areas of the authority.
The implementation analysis shall include, but not be limited to, an examination of: (i) the number of riders anticipated to benefit from the program; (ii) the average reductions of each fare, by mode; (iii) the overall impact on revenue to the system; (iv) partnership models for determining eligibility requirements and the verification method that will be used to determine eligibility; and (v) estimated costs associated with the administration and marketing of the program.
The implementation analysis shall be filed with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation not later than June 1, 2023.
SECTION 20H. (a) Notwithstanding any general or special law to the contrary, the regional transit authority council established in section 27 of chapter 161B of the General Laws, in coordination with the secretary of health and human services, may provide each regional transit authority with assistance to implement a low-income fare program that provides free or discounted transit fares to qualifying riders on all modes of transportation operated by each authority.
(b) In developing the low-income fare program, each regional transit authority shall develop a stakeholder engagement plan and an implementation analysis. The engagement plan shall ensure engagement with relevant stakeholders and provide opportunities for public input in geographically diverse service areas of the authority. The analysis shall include, but not be limited to, an examination of: (i) the number of riders anticipated to benefit from the program; (ii) the average reduction of each fare, by mode; (iii) the overall impact on revenue to the system; (iv) partnership models for determining eligibility requirements and the verification method that will be used to determine eligibility; (v) any estimated costs associated with the administration and marketing of the program; and (vi) consideration of a no-fare option if that would be a more cost effective way to implement than a means-tested fare program.
The implementation analysis shall be filed with the clerks of the senate and house of representatives, the senate and house committees on ways and means and the joint committee on transportation not later than June 1, 2023.
SECTION 20I. (a) The Massachusetts Bay Transportation Authority shall establish a rolling 5-year safety improvement plan that shall: (i) identify measurable safety objectives for each of the next 5 calendar years and an update on the progress for the prior calendar year when applicable; (ii) include an analysis of all modes of transit operated or overseen by the authority, including, but not limited to, light, heavy and regional rail, bus, paratransit and ferry; (iii) include, as attachments, all memoranda, reports and substantive email communication between the authority and the department of public utilities, the federal transit administration, the federal railroad administration, the United States Coast Guard, the United States Occupational Safety and Health Administration and any other safety partners and regulators; and (iv) include data on all passengers, employees and contractors that have been injured or died as a result of injuries sustained on land, equipment or modes of transit owned or operated by the authority, provided, however, that the data shall include, but not be limited to, all derailments, construction accidents, elevator accidents and all other accidents; provided further, that the data shall include vehicle, signal, power, track, communications asset conditions and plans to significantly reduce safety hazards.
(b) The board of the Massachusetts Bay Transportation Authority shall contract with an independent third-party entity with experience and expertise in the operation of, and safety requirements for, mass transit systems in the United States, to conduct an annual independent safety audit of the operations of the authority, including, but not limited to, issues affecting employees, passengers and equipment.
The audit shall include: (i) an assessment of the progress of the rolling 5-year safety improvement plan under this section; (ii) an analysis of any reported safety incidents, conditions or concerns of which the authority is aware, including any such information obtained by the independent auditor through research, investigation, public input or information available as a result of federal oversight and regulation; and (iii) information on the financial and human resources needed to execute the plan and information on the authority’s plan to secure these resources via the annual budgeting process and shall present the data in a consistent manner to allow for annual comparisons. The authority shall not alter the format of the data unless at the express request of the joint committee on transportation. The plan shall be submitted to the joint committee on transportation.
The audit results, together with any recommendations to address any identified safety issues, shall be reported to the secretary of transportation, the joint committee on transportation, the senate and house committees on ways and means and the clerks of the senate and house not later than March 1. The clerks of the senate and house shall post the audit results electronically for public inspection.
(c) The department of public utilities shall create and submit a report with the information required in subsections (a) and (b) independent from the authority. The report shall include, in addition to the requirements of subsections (a) and (b): (i) an analysis and review of the authority’s progress against the rolling 5-year safety improvement plan; and (ii) an assessment of the department’s capability to exercise all safety oversight duties and coordination activities across all components of the authority’s operation, maintenance, capital investment, procurement and other systems.
(d) Annually, not later than March 1, the chief safety officer of the authority shall submit a letter to the joint committee on transportation on the strengths and weaknesses of the 5-year safety improvement plan. The chief financial officer of the authority shall submit a report outlining how the funds requested from the chief safety officer are being provided for in the existing operating and capital budgets. The letter and the report shall be submitted to the joint committee on transportation.
SECTION 21. Notwithstanding any general or special law to the contrary, capital appropriations made pursuant to sections 2 to 2J, inclusive, 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 office at the close of the 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 the tenth fiscal year.
SECTION 22. Notwithstanding any general or special law to the contrary, in carrying out this act, the Massachusetts Department of Transportation may enter into contracts, agreements or transactions with 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, but not limited to, 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 such 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; provided, however, that the department shall certify to the comptroller the amounts so advanced and the 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 the contracts, agreements or transactions shall be credited to the account of the department from which they were advanced.
SECTION 23. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall expend the sums authorized in sections 2 through 2B, inclusive, and sections 2F and 2G for: (i) any federally eligible projects; (ii) projects for the laying out, construction, reconstruction, resurfacing, relocation or necessary or beneficial improvement of highways, bridges, bicycle paths or facilities; (iii) on-street and off-street bicycle projects; (iv) sidewalks, telecommunications, parking facilities, auto-restricted zones, scenic easements, grade crossing eliminations and alterations of other crossings; (v) traffic safety devices on state highways and on roads constructed pursuant to clause (b) of the second paragraph of section 4 of chapter 6C of the General Laws; (vi) highway or mass transportation studies, including, but not limited to, traffic, environmental or parking studies; (vii) the establishment of school zones pursuant to section 2 of chapter 85 of the General Laws; (viii) improvements on routes not designated as state highways without assumption of maintenance responsibilities; (ix) 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; (x) the relocation of persons or businesses or 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., Public Law No. 91-646; and (xi) selling any structure the title to which has been acquired for highway purposes; provided, however, that funds may be expended for the costs of projects and programs provided for in the Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58. Environmental studies conducted pursuant to 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 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 sections 2A and 2B 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: (i) expend funds made available by this act to acquire from a person by lease, purchase, eminent domain pursuant to 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; (ii) 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 (iii) pursuant to all applicable state and federal laws and regulations, exercise all powers and take any action necessary and convenient to carry out this act.
(d) The Massachusetts Department of Transportation may enter into contracts or agreements with cities or towns to mitigate the effects of projects undertaken pursuant to this act and to undertake additional transportation measures within the city and may enter into contracts, agreements or transactions with 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 such contracts, agreements or transactions with the department. In relation to such contracts or agreements, the department may advance to these agencies, nonprofit organizations, political subdivisions or authorities, without prior expenditure by the agencies, nonprofit organizations, political subdivisions or authorities, monies necessary to carry out these agreements; provided, however, that 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 pursuant to this subsection.
SECTION 24. Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall take all necessary actions to secure federal highway or transportation assistance that is or may become available to the department, including, but not limited to, actions authorized pursuant to or in compliance with any of the following: Title 23 of the United States Code; the Surface Transportation and Uniform Relocation Act of 1987, Public Law 100-17; the Intermodal Surface Transportation Efficiency Act of 1991, Public Law 102-240; the Transportation Equity Act for the 21st Century, Public Law 105-178; the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, Public Law 109-59; Implementing Recommendations of the 9/11 Commission Act of 2007, Public Law 110-53; the Moving Ahead for Progress in the 21st Century Act of 2012, Public Law 112-141; Fixing America’s Surface Transportation Act of 2015, Public Law 114-94; Infrastructure Investment and Jobs Act of 2021, Public Law No. 117-58 and any successor or reauthorizations of those acts, and such actions, including 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 25. 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, chapter 242 of the acts of 2012, chapter 79 of the acts of 2014, chapter 209 of the acts of 2018, chapter 16 of the acts of 2019, which otherwise would revert on or before June 30, 2022, but which are necessary to fund obligations during fiscal years 2022 to 2026, inclusive, are hereby reauthorized through June 30, 2026; and provided, that the unexpended balance of item 6820-1301 authorized in chapter 79 of the acts of 2014, which would otherwise revert on or before June 30, 2024, but which is necessary to fund obligations during fiscal years 2022 to 2028, inclusive, is hereby reauthorized through June 30, 2028.
SECTION 26. To meet any or all expenditures necessary in carrying out item 6121-2214 of section 2, 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, $611,800,000. All bonds issued by the commonwealth pursuant to this section shall be designated on their face, Commonwealth Infrastructure Improvement Act of 2022, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2062. All interest and payments on account of principal on these obligations shall be payable from the General Fund or the Commonwealth Transportation Fund.
SECTION 27. To meet any or all expenditures necessary in carrying out sections 2A to 2B, inclusive, 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, $1,400,000,000. All bonds issued by the commonwealth pursuant to this section shall be designated on their face, Commonwealth Infrastructure Improvement Act of 2022, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2062. All interest and payments on account of principal on these obligations shall be payable from the General Fund or the Commonwealth Transportation Fund.
SECTION 28. To meet the expenditures necessary in carrying out section 2C, 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, $146,900,000. All bonds issued by the commonwealth pursuant to this section shall be designated on their face, Commonwealth Infrastructure Improvement Act of 2022, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2052. All interest and payments on account of principal on these obligations shall be payable from the General Fund or the Commonwealth Transportation Fund.
SECTION 29. To meet the expenditures necessary in carrying out section 2D, 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, $1,375,000,000. All bonds issued by the commonwealth under this section shall be designated on their face, Commonwealth Infrastructure Improvement Act of 2022, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2062. Bonds and interest thereon issued under this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer under this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2O of chapter 29 of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations, the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2O of said chapter 29. All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Commonwealth Rail Enhancement Act of 2022, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution; provided, however, that all such bonds shall be payable not later than June 30, 2062. All interest and payments on account of these obligations shall be payable from the Commonwealth Transportation Fund and shall be payable solely in accordance with said section 2O of said chapter 29, and such bonds 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, nor shall debt service with respect to such bonds be included in the computation of the limit imposed by section 60B of said chapter 29.
SECTION 30. To meet the expenditures necessary in carrying out section 2E, 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, $114,100,000. All bonds issued by the commonwealth pursuant to this section shall be designated on their face, Commonwealth Infrastructure Improvement Act of 2022, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2052. All interest and payments on account of principal on these obligations shall be payable from the General Fund or the Commonwealth Transportation Fund.
SECTION 31. To meet the expenditures necessary in carrying out section 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, $1,237,661,660. All bonds issued by the commonwealth pursuant to this section shall be designated on their face, Commonwealth Infrastructure Improvement Act of 2022, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2042. All interest and payments on account of principal on these obligations shall be payable from the General Fund or the Commonwealth Transportation Fund.
SECTION 32. To meet any or all 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, $1,750,000,000. All bonds issued by the commonwealth pursuant to this section shall be designated on their face, Commonwealth Infrastructure Improvement Act of 2022, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2062. All interest and payments on account of principal on these obligations shall be payable from the General Fund or the Commonwealth Transportation Fund.
SECTION 33. To meet the expenditures necessary in carrying out section 2H, 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, $8,300,000. All bonds issued by the commonwealth pursuant to this section shall be designated on their face, Commonwealth Infrastructure Improvement Act of 2022, and shall be issued for a maximum term of years, not exceeding 30 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2062. All interest and payments on account of principal on these obligations shall be payable from the General Fund or the Commonwealth Transportation Fund.
SECTION 34. To meet the expenditures necessary in carrying out section 2I, 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, $175,000,000. All bonds issued by the commonwealth pursuant to this section shall be designated on their face, Commonwealth Infrastructure Improvement Act of 2022, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2052. All interest and payments on account of principal on these obligations shall be payable from the General Fund or the Commonwealth Transportation Fund.
SECTION 35. To meet the expenditures necessary in carrying out section 2J, 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, $50,000,000. All bonds issued by the commonwealth pursuant to this section shall be designated on their face, Commonwealth Infrastructure Improvement Act of 2022, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2052. All interest and payments on account of principal on these obligations shall be payable from the General Fund or the Commonwealth Transportation Fund.
SECTION 36. Notwithstanding any general or special law to the contrary, bonds and interest thereon issued under sections 26 to 28, inclusive, and sections 30 to 35, inclusive, shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer under said sections 26 to 28, inclusive, and sections 30 to 35, inclusive, shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2O of chapter 29 of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations, the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally-recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2O of said chapter 29. All interest and payments on account of obligations issued under this section as special obligation bonds pursuant to said section 2O of said chapter 29 shall be payable from the Commonwealth Transportation Fund, established in section 2ZZZ of said chapter 29, solely in accordance with said section 2O of said chapter 29, and such bonds shall not be included in the computation of outstanding bonds for purposes of the limit imposed by the second paragraph of section 60A of said chapter 29, nor shall debt service with respect to such bonds be included in the computation of the limit imposed by section 60B of said chapter 29.
SECTION 37. Paragraph (3) of subsection (b) of section 11B¾ of chapter 85 of the General Laws shall take effect on and after January 1, 2023.