Consolidated Amendment #H to H.4400

Consolidated Amendment "H" to H4400

Constitutional Officers, State Administration, and Transportation

Fiscal Note: $5,331,220

Amendment 590 is re-categorized from Legislation, Non-Budget

Amendments from Constitutional Officers and State Administration: 13, 62, 63, 69, 82, 88, 104, 105, 119, 121, 136, 147, 184, 220, 221, 259, 260, 261, 262, 266, 272, 282, 286, 287, 292, 294, 322, 329,340, 350, 357, 389, 390, 402, 434, 443, 448, 452, 489, 490, 492, 493, 524, 526, 532, 535, 539, 551, 559, 577, 593, 601, 631, 632, 646, 647, 660, 669, 683, 699, 703, 705, 711, 716, 731, 735, 736, 739, 744, 749, 754, 797, 803, 810, 813, 830, 855, 901, 904, 917, 921, 934, 958, 969, 972, 979, 984, 989, 993, 997, 1008, 1014, 1021, 1022, 1023, 1040, 1043, 1048, 1106, 1108, 1123, 1124, 1138, 1188, 1222, 1232, 1242, 1247, 1284, 1296, 1300, 1322, 1323, 1365, 1395

Amendments from Transportation: 52, 135, 157, 169, 231, 253, 264, 305, 306, 308, 319, 393, 415, 419, 497, 500, 585, 614, 616, 636, 667, 679, 687, 743, 758, 759, 802, 858, 911, 980, 996, 1003, 1020, 1029, 1061, 1066, 1069, 1107, 1180, 1198, 1287, 1310, 1349, 1394

Mr. Sánchez of Boston and others move to amend H.4400 in section 2, in line item 0521-0000, by striking out the figure “$11,946,224” and inserting in place thereof the following figure:- $12,446,224;

And further amend section 2, in line item 0540-1900, by striking out the figure “$1,925,170” and inserting in place thereof the following figure:- $2,025,170;

And further amend section 2, in line item 0610-0010, by inserting the following words:- ; provided, that $60,000 shall be expended for Budget Buddies, Inc. in the town of Chelmsford to operate a program that mentors and teaches financial literacy to low-income women;

And further amend said item by striking out the figure “$435,000” and inserting in place thereof the following figure:- $495,000;

And further amend section 2, in line item 0640-0300, by inserting after the words “chapter 10 of the General laws”, the first time it appears, the following:- ; provided further, that not less than $50,000 shall be expended to the Albion Cultural Exchange in the town of Wakefield for elderly access improvements;

And further amend said item by striking out the figure “13,950,699” and inserting in place thereof the following figure:- $14,500,699;

And further amend section 2, in line item 0840-0100, by inserting after the words “victim and witness assistance board;” the following:- provided, that not less than $50,000 shall be expended for the Bobby Mendes Peace Legacy; and provided further, that not less than $50,000 shall be expended for the Women Survivors of Homicide Movement;

And further amend said item by striking out the figure “$742,531” and inserting in place thereof the following figure:- “$892,531”;

And further amend section 2, in line item 0950-0000, by striking out the figure “$118,280” and inserting in place thereof the following figure:- $170,000;

And further amend section 2, in line item 0950-0080, by striking out the figure “$50,500” and inserting in place thereof the following figure:- $75,000;

And further amend section 2, in line item 1000-0001, by inserting after the words “For the office of the state comptroller” the following words:- ; for the management of the accounting, payroll, related financial systems and annual financial reports, including prescribing the books and manner of accounting and internal control guidance for all commonwealth agencies to promote accountability, integrity, and clarity in commonwealth business, fiscal, and administrative enterprises and mitigate the risk of fraud, waste and abuse of commonwealth resources;

And further amend section 2, in line item 1201-0100, by inserting after the words “the municipal data bank” the following:- ; provided further, that not less than $20,000 shall be expended to Greater Lawrence Community Action Council, Inc. for the volunteer income tax assistance program;

And further amend said line item by striking out the figure “$78,804,751” and inserting in place thereof the following figure:- $78,824,751;

And further amend section 2, by striking out line item 1599-0026 and inserting in place thereof the following item:-

1599-0026 For a reserve to support municipal improvements; provided, that funds shall be expended for an incentive program for communities and municipalities engaging in the use of best practices determined by the Community Compact Cabinet created by Executive Order No. 554 issued January 23, 2015; provided further that not less than $150,000 shall be expended for the architectural plans to retrofit the West Boylston fire station, which was previously a police station; provided further, that not less than $150,000 shall be expended for the Pond Plain Improvement Association in the town of Weymouth; provided further, that not less than $75,000 shall be expended to support a rehabilitation project at Fore River Clubhouse and Fore River Field in Quincy; provided further, that not less than $50,000 shall be expended for the costs of the restoration and repair of Holyoke City Hall; provided further, that not less than $75,000 shall be expended for improvements to Millside Park in the City of Easthampton; provided further, that not less than $75,000 shall be expended for the Sudbury Public Schools to investigate the financial and enhanced student service opportunities, benefits, and challenges created by the consolidation, regionalization, and/or sharing of critically limited and required educational resources among multiple school districts; provided further, that not less than $50,000 shall be expended for tree removal in the town of Belmont; provided further, that not less than $50,000 shall be expended for the continued schematic design work for the renovation of the police department and department of public works buildings in the town of Belmont; provided further, that not less than $50,000 shall be expended for the design and construction of a Building and Campus Security Command Center at the Shawsheen Valley Technical High School; provided further, that not less than $25,000 shall be expended to upgrade the communications system for various public safety departments in the town of Charlton; provided further, that not less than $25,000 shall be expended for the planning and economic development of the re-zoned parcels of route 140 and route 123 in the town of Norton, to modernize and archive planning and zoning department capabilities for expedited planning analysis and permitting; provided further, that not less than $25,000 shall be expended for a feasibility study in the town of Mansfield to assess a conversion of the police station into a Center for the Council on Aging; provided further, that not less than $30,000 shall be expended for the restoration and renovation of the Buck Auditorium in Billerica Town Hall; provided that not less than $100,000 shall be expended for the restoration of the David Tilden House in the town of Canton; and provided further, that not less than $15,000 shall be expended for preservation efforts in the town of Hanson; provided further, that funds shall be expended for a multi-year competitive grant program to provide financial support for one-time or transition costs related to regionalization and other efficiency initiatives, with allowable applicants to include municipalities, regional school districts, school districts considering forming a regional school district or regionalizing services, regional planning agencies and councils of governments; provided further, that not less than $500,000 shall be expended for a public safety grant program in the city of Lawrence; and provided further, that not less than $2,800,000 shall be expended for the District Local Technical Assistance Fund established in section 2XXX of chapter 29 of the General Laws, including projects that encourage regionalization, to be administered by the division of local services and distributed through the District Local Technical Assistance Fund ...................... $4,845,000;

And further move to amend the bill in section 2E, in line item 1595-6368, by adding the following words:- ; provided, that not less than $100,000 shall be expended for renovations to the Park Street Bridge in Lee; provided further, that not less than $25,000 shall be expended for pedestrian safety and access to local businesses along Route 38; provided further, that not less than $75,000 shall be expended for elderly and commuter services in Maynard and Acton; provided further, that not less than $50,000 shall be expended for the Kensington Underpass in East Somerville; provided further, that not less than $25,000 shall be expended for improvements to pedestrian safety and access to public transportation along Route 38 in Somerville; provided further, that not less than $50,000 shall be expended for transportation services for Camp Harbor View; provided further, that lot less than $30,000 shall be expended for a study on pedestrian crossings of Route 9 in Wellesley; and provided further, that not less than $75,000 shall be expended for upgrades to the Newton Square rotary in Worcester;

And further amend said item by striking out the figure “$322,679,448” and inserting in place thereof the following figure:- $323,109,448;

And further move to amend the bill in Section 2E, in item 1595-6370, by adding the following words:- ; provided further that each regional transit authority receiving assistance under this item shall deliver not later than October 1, 2018, a copy of its most recent audited financial statement to the chief financial officer of the Massachusetts department of transportation, the secretary of administration and finance, the treasurer of the commonwealth, the comptroller of the commonwealth, the house and senate committees on ways and means, and the joint committee on transportation;

And further move to amend said item by striking out the figure “$80,000,000” and inserting in place thereof the following figure:- $82,000,000;

And move to further amend the bill by inserting, after section 7, the following sections:-

SECTION 7A. Section 3 of chapter 6C of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out clauses 47 and 48 and inserting in place thereof the following 3 clauses:-

(47) ensure regional equity related to transportation planning, construction, repair, maintenance, capital improvement, development and funding;

(48) designate a representative to act in its interest in labor relations matters with its employees; and

(49) sell, lease or otherwise contract for advertising, including in or on the facilities of the department; provided, that advertising appearing on the exterior of the facility, including billboards, signs and other advertising devices, shall be consistent with local ordinances or by laws.;

And move to further amend the bill by inserting, after section 15, the following section:-

SECTION 15A. Section 91 of chapter 32 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 97 and 113, the words “nine hundred and sixty” and inserting in place thereof, in each instance the following words:- 1,500.

And move to further amend the bill by inserting, after section 16B, as inserted by Amendment 1337, the following sections:-

SECTION 16C. Section 7A of Chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding at the end of the first paragraph the following:-

The registrar shall adopt rules and regulations to exempt antique automobiles that are 75 years old or older, whose owners are members of a recognized antique automobile club, from the annual vehicle safety inspection program. Said antique automobiles shall be actively registered with an antique or year of manufacture registration plate to qualify for this exemption. An antique automobile exempt under this section that changes ownership shall be required to have a vehicle safety inspection performed within seven days of being registered by the new owner.

SECTION 16D. Section 10 of chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by striking out, in lines 30 and 31, the words “grants substantially similar privileges to residents of this commonwealth and,”.

SECTION 16E. The first paragraph of said section 10 of said chapter 90, as so appearing, is hereby further amended by adding the following sentence:-

The nonresident shall have in their possession a valid international drivers’ permit or a document containing a photo and an English translation that substantially corresponds to an international driving permit, which shall be used solely to properly identify the individual appearing on the license for the purpose of enforcing this section if no English translation appears on the front or back of the license that the nonresident is required to have in possession at all times while operating a motor vehicle.;

And move to further amend the bill by inserting, after section 18, the following section:-

SECTION 18A. Section 29 of chapter 93 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the first sentence the following 2 sentences:-

For the purposes of this section, a public park or reservation shall include a parkway under the jurisdiction of the department of conservation and recreation. Such rules and regulations shall require that said billboards, signs and other advertising devices: (i) shall not be located within 500 feet of a public park or reservation without local approval; (ii) shall not obstruct the view of any location listed on the national register of historic places without local approval; and (iii) shall be restricted on particular premises as necessary to promote the protection of open space.;

And move to further amend the bill by inserting, after section 20, the following sections:-

SECTION 20A. Paragraph (n) of section 3 of chapter 161A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the word “authority”, in line 120, the following words:- ; provided, that outdoor advertisements shall be subject to local zoning and approval.

SECTION 20B. Section 8 of chapter 161B of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by adding the following subsection:-

(l) For the purposes of the distribution formula made pursuant to clause (2) of subsection (d) of section 2ZZZ of chapter 29, the authorities shall execute a memorandum of understanding with the Massachusetts department of transportation, which shall incorporate the service standards based on the guidelines established by the Task Force on Regional Transit Authority Performance and Funding, and may include appropriate ridership, customer service, asset management and financial performance indicators and best practices in order to ensure that the authorities make data-driven decisions with respect to service and asset management.;

And move to further amend the bill by inserting, after section 23G, as inserted by Consolidated Amendment “D”, the following sections:-

SECTION 23H. The definition of “Greenway” in section 2 of chapter 306 of the acts of 2008 is hereby amended by adding the following sentence:- Parcel 23D shall be known as the Auntie Kay and Uncle Frank Chin Park.

SECTION 23I. Chapter 65 of the acts of 2010 is hereby amended by inserting, after section 2, the following section:-

SECTION 2A. Notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws or any other general or special law to the contrary, the leases or other agreements executed under section 1 shall not require an annual rental payment increase of more than 2 per cent of the established rental payment rate for each lease as of January 1, 2015.;

And move to further amend the bill by inserting, after section 32B, as inserted by Consolidated Amendment “E”, the following 3 sections:-

SECTION 32C. The rotary on Route 28 in Bourne at the entrance to Joint Base Cape Cod shall be designated and known as Heroes circle, in honor of the service of the men and women of the Armed Forces of United States of America. The Massachusetts Department of Transportation shall erect and maintain suitable markers near the rotary bearing the designation in compliance with the standards of the department.

SECTION 32D. The section of United States highway Route 7 in the town of Sheffield beginning at the intersection of United States highway Route 7 and Silver street and ending at the former home of attorney Theodore Sedgwick located at 126 United States highway Route 7 in Sheffield shall be designated and known as the Elizabeth Mumbet Freeman Highway to Freedom in recognition of Elizabeth Mumbet Freeman, the first African-American woman to fight for her freedom through the Massachusetts judicial system and successfully claim her rights under the Massachusetts constitution in 1781, setting a precedent for the abolition of slavery in the commonwealth. The Massachusetts Department of Transportation shall erect and maintain suitable markers bearing said designation in compliance with the standards of the department.

SECTION 32E. There is hereby established a Task Force on Regional Transit Authority Performance and Funding to evaluate how regional transit authorities can best provide and improve transit services that meet identified community needs, conduct regular service planning recognizing the diverse service populations and makeup of different geographic regions that maximizes ridership using available resources, and ensure that fares, local contributions and other own source revenues cover an appropriate share of service costs. The task force shall consist of 17 members or their designees: 2 members of the house of representatives, 1 of whom shall be appointed by the speaker of the house and 1 of whom shall be appointed by the minority leader of the house of representatives; 2 members of the senate, 1 of whom shall be appointed by the senate president and 1 of whom shall be appointed by the minority leader of the senate; the rail and transit administrator of the Massachusetts Department of Transportation who shall serve as chair; 3 members appointed by the regional transit authority administrators, all of whom shall be a former or current administrator of regional transit authority; 3 members appointed by the governor, all of whom shall be a former or current administrator of a regional transit authority; and 6 members who shall be appointed by the governor, 2 of whom shall be an expert in bus service planning, 2 of whom shall be the chief elected official or city or town manager of a city or town served by a regional transit authority, 1 of whom shall be a representative of an employer or business organization served by a regional transit authority and 1 of whom shall be a regular regional transit authority rider or representative of an organization that advocates for regional transit authority riders. The task force shall make recommendations on guidelines for the establishment of service standards, the establishment of a predictable revenue stream for RTA service, appropriate ridership, customer service, asset management and financial performance indicators and best practices for regional transit authorities no later than December 1, 2018. The task force shall file the report of its study and recommendations with the clerks for the house of representatives and the senate, the house and senate committees on ways and means, the joint committee on transportation and the secretary of transportation no later than December 1, 2018; provided, however, that the task force may make a draft report available to the public for comment before filing the final version.

And move to further amend the bill by inserting, after section 35, the following section:-

SECTION 35A. Notwithstanding any general or special law to the contrary, $2,000,000 of the total amount made available in item 1595-6370 of section 2E shall be distributed by the Massachusetts Department of Transportation to regional transit authorities that have agreed to remedial plans. Said plans shall include specific financial performance indicators and shall be designed: (i) to eliminate any unfunded deficits within 3 years and to forestall the reoccurrence of such deficits, if any, thereafter; (ii) for regional transit authorities for which additional resources could maintain or expand successful service initiatives; (iii) for regional transit authorities to initiate, maintain or expand service to an identified need that is a priority population of the state or municipalities; and (iv) for services and programs operated by the regional transit authorities which the department deems to be a best practice service or program.;

And move to further amend the bill by inserting, after section 45B, as inserted by Consolidated Amendment “D”, the following sections:-

SECTION 45C. Section 20B shall take effect on July 1, 2019.