Budget Amendment ID: FY2016-S3-195

TRP 195

Long Island Bridge Cost Feasibility Study

Mr. Keenan moved that the proposed new text be amended by adding at the end thereof the following new section:-

SECTION XX. Notwithstanding any other general or special law to the contrary, no state funds shall be expended to rebuild or rehabilitate the Long Island bridge to Long Island in Boston Harbor until: (i) a cost-feasibility study is performed comparing alternate means of transportation, including but not limited to a ferry service; (ii) an environmental impact study is performed; and (iii) a re-use plan is drafted for Long Island.

Budget Amendment ID: FY2016-S3-196

TRP 196

Construction of a Rotary in the Tower Hill Neighborhood in Lawrence

Mrs. L'Italien moved that the proposed new text be amended in section 2, in item 2810-0100, by inserting at the end thereof the following:- "provided further that no less than $300,000 be allocated to the City of Lawrence to assist in the development of a rotary at the intersection of Hancock Street, School Street, Floral Street, and Doyle Street in the Tower Hill neighborhood."

Budget Amendment ID: FY2016-S3-197

TRP 197

Improvements to Route 38 in Tewksbury

Mrs. L'Italien moved that the proposed new text be amended in section 2, in item 0699-9100, by striking the figure "18,181,484" and inserting in place thereof the following figure:- "$20,181, 484", and further moves to amend said line item by inserting at the end the following:- "provided further that not less than $2,000,000 be allocated to the Highway Division at Mass DOT for rehabilitation of Route 38 from Pleasant Street to Shawsheen Street in the town of Tewksbury,"

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1946

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

by inserting after section 80 the following 5 new sections:-

SECTION 80A.  (a) There shall be within the department of transportation, and reporting to the secretary of transportation, a Massachusetts Bay Transportation Authority fiscal and management control board (in this section, the “board”).  The secretary of transportation may fix stipends to be paid to members of the board from department of transportation funds.

(b) The board shall consist of 7 members appointed by the governor, 1 of whom shall be an individual referred to the governor by the president of the senate, and 1 of whom shall be an individual referred to the governor by the speaker of the house.  1 of the members appointed by the governor shall have municipal experience in 1 of the 101 cities and towns in the MBTA service area, as that term is defined in section 1 of chapter 161A, and 1 of the members shall be from a list of 3 nominees provided by the Massachusetts State Labor Council, AFL-CIO.  Each member shall serve for the entire time that the board is in existence, unless removed with or without cause by the governor.  Any vacancy in the board shall be filled by the governor in the same manner as the original appointment of the member who is being replaced.

(c) Notwithstanding the provisions of any general or special law, and during its existence, the board shall be afforded all powers, responsibilities, and obligations relative to the Massachusetts Bay Transportation Authority that are vested in the department of transportation board by chapter 161A of the general laws and any special law, except as otherwise provided in this act, and those powers, responsibilities, and obligations set forth in this act. 

(d) Meetings of the board shall be subject to sections 18 to 25, inclusive, of chapter 30A. Records pertaining to the board shall be subject to section 10 of chapter 66.

(e) The board shall initiate and assure the implementation of appropriate measures to secure the fiscal and management stability of the Massachusetts Bay Transportation Authority, and shall continue in existence until June 30, 2018, and thereafter for such period as the members may determine, and the secretary of transportation may agree, is necessary to achieve the performance metrics established by the board for the authority; provided, however, that the board shall not continue beyond June 30, 2020. 

(f) Following the dissolution of the board, the board established by section 7 of chapter 161A shall resume governance of the Massachusetts Bay Transportation Authority. 

SECTION 80B.  (a) Once the fiscal and management control board has been established as provided in section 80A, the governor shall appoint a chief administrator of the Massachusetts Bay Transportation Authority.  Notwithstanding the provisions of any general or special law, the chief administrator shall assume the role of the general manager of the Massachusetts Bay Transportation Authority during the existence of the fiscal and management control board.   

(b) The chief administrator shall serve at the pleasure of the governor and report to the fiscal management and control board, except insofar as the fiscal and management control board and the chief administrator agree upon an employment contract that provides otherwise, in which case the employment contract shall control. 

(c) The fiscal and management control board shall have the authority to delegate any powers, responsibilities, and obligations afforded to it to the chief administrator, unless otherwise provided in this act.

(d) The chief administrator shall, at least monthly, provide the fiscal and management control board with information on the status of the revenues and expenses for the operating budget and on the status of revenues, contracting/procurement and spending for the capital program.  The chief administrator shall, at least quarterly, provide the fiscal and management control board with data on progress toward achieving key performance management targets.

SECTION 80C.  The fiscal and management control board shall formulate and implement a plan, and adopt performance metrics to measure progress in achieving that plan, to stabilize and strengthen the finances, management, operations and asset condition of the Massachusetts Bay Transportation Authority with the following objectives: 

(a) to provide a safe, reliable, and sustainable transit system that is well integrated into the Commonwealth’s transportation system; 

(b) to establish fiscal stability, including short- and long-term planning to ensure that the authority’s budgets are aligned with its operational and capital needs;

(c) to reorient the agency to focus on providing better service to its current riders and on attracting future riders;

(d) to facilitate sound management and a safe and effective workplace;

(e) to develop a financially responsible, long-range approach to preserving and modernizing the authority’s assets and meeting future needs for regional transit facilities and services consistent with the program for mass transportation required by paragraph g of section 5 of chapter 161A of the General Laws; and 

(f) to utilize the powers afforded to the authority under chapter 161A of the General Laws, any special law, and the provisions of this act to accomplish the foregoing objectives.

SECTION 80D.  In addition to those powers referenced in subsection (c) of section 80A of this act, the powers and responsibilities of the fiscal and management control board shall include, but not be limited to, the following: 

(e) to establish separate operating and capital budgets, each with clearly designated revenue sources and uses, and to establish policies and procedures to ensure that the authority maintains complete separation between its operating and capital budgets;

(f) To establish 1- and 5-year operating budgets under section 20 of chapter 161A, beginning in fiscal year 2017, which are balanced primarily through a combination of internal cost controls and increase in own-source revenues and which assume that additional contract assistance in the form of appropriations from the commonwealth transportation fund and/or general fund will be no greater than the sum of debt payments associated with debt incurred by the Massachusetts Bay Transportation Authority before fiscal year 2000, debt associated with transit mitigation commitments for the central artery project, so-called, and any amount provided to facilitate the  transfer of all authority employees from the capital budget to the operating budget;

(c) to establish 5- and 20-year capital plans, addressing, among other things, a phased program for the complete restoration of the physical assets of the authority including its vehicle fleet, a plan to address the failings within the existing capital program and recommendations for the level of funding needed to meet the region’s transit needs;

(d) to establish a rigorous performance management system and performance metrics and targets that address, among other things, maximizing of own-source revenues, increasing ridership, reducing absenteeism, addressing vacancies and attrition, achieving procurement and contracting improvements and improving customer focus and orientation (including a public scorecard tracking performance with respect to customer-oriented metrics);

(e) notwithstanding the provisions of any general or special law, to reorganize, consolidate, or abolish departments, divisions, or entities of the authority, except the Metropolitan Boston Transit Parking Corporation, in whole or in part, and to establish such new departments, divisions, or entities as it deems necessary, and to transfer the duties, powers, functions, and appropriations of one department, division, or entity, except the duties, powers, functions, and appropriations of the Metropolitan Boston Transit Parking Corporation, to another;

(f) to amend any borrowing authorization or to finance or refinance any debt in accordance with law; provided, however, that the board shall not delegate this authority;

(g) to review any contract for the provision of services entered into by the authority, including contracts entered into before the establishment of the board, and including but not limited to commuter rail and paratransit services, and to amend said contracts, as necessary, in accordance with their terms;

(h) to establish, increase, or decrease any fare, fee, rate, or charge, for any service, license, or activity within the scope of the authority; provided, however, that the board shall not delegate this authority

(i) to approve appropriations necessary to fund a decision by an arbitrator pursuant to section 32 of Chapter 161A of the General Laws; provided, however, that the board shall not delegate this authority; and

(j) to employ, retain, and supervise such managerial, professional, and clerical staff as are necessary to carry out its responsibilities.  The fiscal and management control board shall have the authority to set the compensation, terms, and conditions of employment of its own staff.  Staff hired under this subsection shall be employees of the authority, except such employees as the fiscal and management control board formally designates independent contractors, except that they shall be treated as executives under section 26 of chapter 161A.

SECTION 80E.  (a) Within 120 days after all of the members of the fiscal and management control board have been appointed, the board shall submit a preliminary report to the secretary of administration and finance and the chairpersons of the house and senate committees on ways and means.  The report shall include a preliminary analysis of, and management plans to address, the authority’s structural operating deficit and its capital and maintenance needs over the 5 years following the effective date of this act. 

(b) On or before December 1 during each year of its existence, the fiscal and management control board shall report on its fare policy, operating budget, capital plan and progress toward meeting performance metrics and targets to the secretary of transportation, the secretary of administration and finance and the chairpersons of the house and senate committees on ways and means.  

(c) On or before January 1, 2018, the fiscal and management control board shall report to the secretary of transportation and the chairpersons of the house and senate committees on ways and means and the chairpersons of the joint committee on transportation as to whether its powers have been sufficient to restore fiscal stability and reliable performance to the authority.  If the board concludes that fiscal stability and reliable performance has been achieved, the report shall include recommendations regarding its view on the governance structure that should be established to govern the Massachusetts Bay Transportation Authority following the dissolution of the fiscal and management control board.  If the board concludes that its powers are insufficient, such report shall include a statement of reasons why it has been unable to restore fiscal stability and reliable performance and a recommendation as to what measures the board believes to be necessary. The report shall address whether the board established by section 7 of chapter 161A should govern the Massachusetts Bay Transportation Authority going forward. 

(d) Notwithstanding the provisions of any general or special law, the fiscal and management control board may determine, with 30 days’ notice to the respective clerks of the house and the senate, that the foregoing reporting requirements are substantially equivalent to other reporting requirements imposed on it by law and, upon said determination and notice, shall be required to meet only those requirements set forth in this section. 

Budget Amendment ID: FY2016-S3-207

TRP 207

Rural Roadway Survey and Coordination

Messrs. Humason, Tarr, Ross and Fattman moved that the proposed new text be amended in section 2, in item 8000-0600, by adding at the end thereof the following: "provided further that the Massachusetts Department of Transportation shall conduct a survey of rural highways with in municipalities with a population of less than 10,000 residents, for the purposes of the maximization of Chapter 90 fund for repairs to state highways in coordination with municipalities. The survey shall identify roads in need of significant repair and savings that can be archived through coordination between abutting municipalities"

Budget Amendment ID: FY2016-S3-210-R1

Redraft TRP 210

Paratransit Services

Messrs. Timilty and Tarr moved that the proposed new text be amended by inserting after section 46 the following 2 sections:-

“SECTION 46A. Section 2 of chapter 128 of the General Laws, as appearing in the 2012 Official Edition, is hereby amended by striking out, in line 51, the words “pari-mutuel running horse race” and inserting in place thereof the following words:-  or restricted pari-mutuel running horse race held within or without the commonwealth.

SECTION 46B. The second paragraph of subsection (g) of said section 2 of said chapter 128, as so appearing, is hereby amended by striking out the last sentence."

Budget Amendment ID: FY2016-S3-211-R1

Redraft TRP 211

High-speed Rail Feasibility Study

Mr. Lesser and Ms. Gobi moved that the proposed new text be amended by inserting after section 80, the following section:-

“SECTION 80A. Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall conduct a feasibility study relative to high-speed rail access between the cities of Springfield and Boston.

The study shall examine and evaluate the costs and economic opportunities related to establishing high-speed rail service between the cities of Springfield and Boston including, but not limited to: (i) the projected capital costs; (ii) the projected operating costs and revenue estimates; (iii) the projected ridership levels; (iv) the prospect of operating high-speed rail service on existing rights of way and other operational issues, including upgrades to the at-grade crossings in the towns of Ashland and Framingham; (v) the environmental and community impact estimates; (vi) the availability of federal, state, local and private sector funding sources; and (vii) the resulting economic, social and cultural benefits to the greater Springfield region and the commonwealth as a whole.

The department shall file the report with the clerks of the house and senate, the chairs of the house and senate committee on ways and means and the senate and house chairs of the joint committee on transportation not later than December 1, 2016.”

Budget Amendment ID: FY2016-S3-212

TRP 212

Audit and Investigation of Commuter Rail Operating Agreement

Messrs. Moore and Pacheco moved that the proposed new text be amended by inserting, after section _____, the following new section:-

"Section _____. Notwithstanding any general or special law to the contrary, the inspector general shall conduct an audit and investigation into Keolis Commuter Services, LLC’s performance under commuter rail operating agreement contract no. 159-12 with the Massachusetts Bay Transportation Authority. The audit and investigation shall include, but not be limited to, an examination of: (i) Keolis’ compliance with the representations set forth in its proposal; (ii) Keolis’ compliance with its performance and other obligations under the operating agreement, including its obligations under any remedial plan or remedial agreement; (iii) Keolis’ compliance with its financial obligations and covenants to the Massachusetts Bay Transportation Authority under contract no. 159-12; and (iv) any relief, or waiver, of Keolis’ obligations under contract no. 159-12 granted by the Massachusetts Bay Transportation Authority and the basis for such relief or waiver. The inspector general shall submit a report detailing the findings of the investigation and recommendations to the secretary of transportation, secretary of administration and finance, general manager of the Massachusetts Bay Transportation Authority and the chairs of the Joint Committee on Transportation within 90 days from the date hereof.".

Budget Amendment ID: FY2016-S3-213-R1

Redraft TRP 213

Berkshire Rides

Mr. Downing and Ms. Gobi moved that the proposed new text be amended in section 2E, in item 1595-6368, by inserting at the end thereof the following words:- “provided further, that not less than $400,000 shall be provided to Berkshire Rides to maintain transportation services and to study the feasibility of establishing a self-sufficient, county-wide employment transportation system; provided further, that not less than $400,000 shall be provided to the Montachusett regional transit authority for a contract with Community Transit Services, Inc., or any successor agency engaged by the Montachusett regional transit authority, to maintain transportation services and to study the feasibility of establishing a self-sufficient, county-wide employment transportation system” and further in said item by striking out the figure “$367,220,340” and inserting in place thereof the following figure:- “$368,020,340”

Budget Amendment ID: FY2016-S3-214-R2

2nd Redraft TRP 214

MBTA Capacity and State of Good Repair Reporting

Messrs. Keenan, Eldridge, Lewis and Moore moved that the proposed new text be amended by striking out section 80 and inserting in place thereof the following section:-

“SECTION 80. (a) The secretary of transportation shall prepare a report that includes an analysis of: (i) the consolidation of core administrative functions of the Massachusetts Department of Transportation as required by section 5 of chapter 6C of the General Laws; (ii) the achievement of goals identified by the healthy transportation compact in section 33 of said chapter 6C; (iii) the progress or achievements of the performance and asset management advisory council; (iv) the development of a long-term statewide transportation plan pursuant to subsection (d) of section 30 of said chapter 6C; (v) the work of the internal project controls unit required by subsection (c) of section 39 of said chapter 6C; (vi) the amount of taxes assessed pursuant to section 24 of chapter 161A of the General Laws; (vii) the department and the authority’s progress in achieving the benchmarks in sections 60 and 61 of chapter 46 of the acts of 2013; (viii) the department’s removal of employee salaries from capital expenditures, including an update of the number, if any, of employee salaries funded by capital expenditures and the cost of the salaries; (ix) the parking pilot program required by section 80 of said chapter 46; and (x) obtaining mitigation payments from private entities to cover capital and operating costs generated by the impacts of nearby developments.

(b) The report shall further include an analysis and assessment of current capacity constraints, safety conditions and the state of good repair of the commonwealth’s transportation system, including all modes of surface transportation. The assessment shall analyze the current planned operating and capital expenditures of the department, including the Massachusetts Bay Transportation Authority and the regional transit authorities, and shall consider and state the baseline of the surface transportation revenues currently available and projected to be available from all sources in all modes of surface transportation, regardless of the fund in which they are kept, from fiscal year 2016 through fiscal year 2027. The baseline assessment shall: (i) project spending for the maintenance of the existing system, the completion of all expansion projects the commonwealth is legally bound to complete and capital improvements and projects included in the fiscally-constrained, long-range transportation plans mandated by federal law; (ii) consider and incorporate any additional expenditures necessary to implement the most recent capital plans of the Massachusetts Bay Transportation Authority and the Massachusetts Department of Transportation. The report shall recommend specific and quantified potential new revenue sources pertaining to both operating and capital funds in fiscal year 2016 through fiscal year 2027, in order to fully address any deficiencies in capacity, safety or state of good repair identified in its assessment; provided, that the report’s revenue recommendations shall consider the needs of both the Massachusetts Bay Transportation Authority and the statewide transportation system and provided further that said report may include recommendations beyond own-source revenues and shall remain consistent with the Massachusetts Bay Transportation Authority fare policy set forth in section 61 of chapter 46 of the acts of 2013.

(c) The secretary shall provide status updates of department and authority actions relative to the items identified in this section with the joint committee on transportation not later than August 15, 2015 and October 15, 2015 and shall file its final report with the clerks of the house of representatives and the senate, the joint committee on transportation and the house and senate committees on ways and means not later than December 15, 2015.  Thereafter, the Massachusetts Bay Transportation Authority Fiscal and Management Control Board, established in section 80A, shall provide monthly updates to the joint committee on transportation.

Budget Amendment ID: FY2016-S3-215-R1

Redraft TRP 215

Rte 146 Frontage Road

Mr. Fattman moved that the proposed new text be amended in section 2E, in item 1595-6368, by inserting the following:-“provided further, that not less than $165,000 shall be expended for the construction of a frontage road and repairs to route 146.”

Budget Amendment ID: FY2016-S3-217-R2

2nd Redraft TRP 217

Sherborn Transportation Improvements

Mr. Ross moved that the proposed new text be amended in section 2E, in item 1595-6368, by inserting at the end thereof the following:- “provided further, that not less than $275,000 shall be expended for costs associated with safety, traffic lighting and streetscape improvements at the intersection of Routes 16 and 27 in the town of Sherborn;” and in said section 2E, in said item 1595-6368, by striking out the figure “367,220,340” and inserting in place thereof the following figure:- “367495340”.

Budget Amendment ID: FY2016-S3-218

TRP 218

Clarifying the headlight law as a non-surchargeable offense for insurance purposes

Messrs. Kennedy, McGee, Joyce and Eldridge, Ms. Gobi and Mr. Montigny moved that the proposed new text be amended by inserting, after section ___, the following new sections: -

“SECTION ___. Section 15 of chapter 85 of the General Laws, as amended by chapter 481 of the acts of 2014, is hereby further amended by adding the following sentence:-

Notwithstanding any general or special law to the contrary, a violation of this section shall not be considered as a conviction of a moving violation of the motor vehicle laws or a surchargeable offense under section 113B of chapter 175 or under any merit rating plan or safe driver insurance plan.

SECTION ___.  The effective date of section ___ shall be as of April 7, 2015.”

Budget Amendment ID: FY2016-S3-219-R1

Redraft TRP 219

Regulatory authority over outdoor advertising

Mr. Lesser moved that the proposed new text be amended in section 8 by striking out, in line 56, the word “and”; and

in said section 8, by inserting after the word “department”, in line 58, the following words:-  “; and (50) exercise all the powers and duties formerly exercised by the outdoor advertising board under chapter 93.”; and

by inserting after section 106 the following section:-

SECTION 106A.  Clause (50) of section 3 of chapter 6C of the General Laws, as inserted by section 8, shall take effect as of November 1, 2009.

Budget Amendment ID: FY2016-S3-220-R1

Redraft TRP 220

East Street Emergency Bridge Repair

Mr. Lesser and Ms. Gobi moved that the proposed new text be amended in section 2E, in item 1595-6368, by adding at the end thereof the following:- “provided further, that not less than $200,000 shall be expended for the design and construction of a temporary bridge support for the Ludlow-Wilbraham Red Bridge, also known as the East Street Bridge, which spans the Chicopee River between the towns of Wilbraham and Ludlow;” and in said item, by striking out the figure “$367,220,340” and inserting in place thereof the following figure “$367,420,340”.

Budget Amendment ID: FY2016-S3-221-R2

2nd Redraft TRP 221

Herbert L. Foss Memorial

Mr. Hedlund moved that the proposed new text be amended in section 2, in item 1599-0026, <w:p><w:r><w:t xml:space="preserve">by adding at the end thereof the following: “provided further, that not less than $25,000 be expended on memorial markers in the town of Weymouth in honor of the five Congressional Medal of Honor recipients from the town of Weymouth;” and

in section 2E, in item 1595-6368, by adding at the end thereof the following: “provided further, that pursuant to Section 4 of Chapter 270 of the Acts of 2014, the Massachusetts Department of Transportation shall provide a 50% matching grant, up to $5,000, for a memorial marker at the intermodal center located at the Hingham Shipyard in honor of Congressional Medal of Honor recipient Herbert L. Foss;” and in said item by striking out the figure “$367,220,340” and inserting in place thereof the following figure:- “$367,225,340”

Budget Amendment ID: FY2016-S3-222

TRP 222

Maximizing Transit Asset Management

Messrs. Montigny and Ross moved that the proposed new text be amended by inserting after section __, the following new section:-

"SECTION __.  (a) Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall, not later than January 30, 2016, and annually March 1 each year thereafter, issue a request for proposals for a minimum of 90 days to sell, license, or rent naming or sponsorship rights for appropriate subway, bus or commuter rail stations or other assets controlled by the department of transportation.

(b) The secretary of transportation shall direct all revenues generated by the Massachusetts Bay Transportation Authority under this section to be used for the repair of current and acquisition of modern snow removal equipment for appropriate rail operations including the commuter rail until such time as an outside consultant appointed by the inspector general with expertise in modern rail snow removal systems certifies in writing and with adequate explanation that the Massachusetts Bay Transportation Authority has snow removal equipment commensurate with a modern mass transit system.”