Transportation Amendments

Budget Amendment ID: FY2018-S3-1000

TRP 1000

Registry Organ Donation

Mr. Rush, Ms. L'Italien, Messrs. Barrett, Brownsberger and Moore, Ms. Gobi, Messrs. Welch, Tarr, Humason and Cyr moved that the proposed new text be amended by inserting, after section __, the following new sections:-

“SECTION __. Section 8D of chapter 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word 'chapter', in line 3, the following words:- who has not previously made an anatomical gift through the donor registry under section 5(a)(1) of chapter 113A.

SECTION __. The third paragraph of said section 8D of said chapter 90, as so appearing, is hereby amended by striking out the words 'electronic renewal form', in line 18, and inserting in place thereof the following words:- electronic monetary transaction, including but not limited to license, identification and permit renewals and duplicates, non-commercial registration renewals, and duplicate title forms.”

Budget Amendment ID: FY2018-S3-1005

TRP 1005

MBTA Capacity and State of Good Repair Reporting

Messrs. McGee and Lewis moved that the proposed new text be amended by inserting after section ___, the following new section:-

“SECTION _____. (a) The secretary of transportation shall prepare a report that includes 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 2018 through fiscal year 2028. 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 2018 through fiscal year 2028, 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.

(b) The secretary shall provide a status update of department and authority actions relative to the items identified in this section with the joint committee on transportation not later than December 1, 2017 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 June 1, 2018. 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: FY2018-S3-1006-R1

Redraft TRP 1006

Tolling Study

Messrs. McGee, Cyr, Boncore and Brownsberger, Ms. Creem and Ms. Lovely moved that the proposed new text be amended by inserting after section 100 the following section:-

“SECTION 100A. The Massachusetts Department of Transportation shall provide an update of the comprehensive tolling plan for additional interstate and limited access state highways within the commonwealth, which was required by sections 67 and 74 of chapter 46 of the acts of 2013 and filed with the senate and house committees on ways and means and the joint committee on transportation in December 2013. The updated plan shall consider: (i) current and potential federal tolling rules and regulations; (ii) the impacts of and possibilities provided by the implementation of all electronic tolling in the commonwealth; (iii) the feasibility of reaching interstate or regional agreements for the placement of additional tolls on the borders; (iv) the feasibility of mileage-based user fees, including a pilot program and best practices from other states; (v) congestion pricing and dynamic pricing; and (vi) regional toll equity including, but not limited to, expanding the definition of the metropolitan highway system to include the following: (1) state highway route 2 from interstate highway route 95 to the Alewife Brook parkway; (2) interstate highway route 93 from the southernly terminus of the central artery to, and including, the interchange of interstate highway route 93 and interstate highway route 95 in the town of Canton; (3) interstate highway route 93 from the northernly terminus of the central artery to, and including, the interchange of interstate highway route 93 and interstate highway route 95 in the towns of Reading and Stoneham and in the city of Woburn; (4) interstate highway route 95 from, and including, the interchange with interstate highway route 93 in the town of Canton and to, and including, the interchange with interstate highway route 93 in the towns of Reading and Stoneham and in the city of Woburn; and (5) United States highway route 1 extending from the terminus of the central artery north area to, and including, the interchange of United States highway route 1 and interstate highway route 95 in the city of Peabody. The department shall file the updated plan with the clerks of the senate and house of representatives and with the chairs of the joint committee on transportation not later than January 31, 2018.”.

Budget Amendment ID: FY2018-S3-1007

TRP 1007

MBTA Operating Transfer and Reporting

Messrs. McGee, Lewis and Boncore, Ms. L'Italien, Messrs. Rush, Eldridge and Keenan, Ms. Chang-Diaz, Mr. Welch, Ms. Forry and Ms. Lovely moved that the proposed new text be amended in section 2E, in item 1595-6369, by striking out item 1595-6369, and inserting in place thereof the following item:-

“1595-6369 For an operating transfer to the Massachusetts Bay Transportation Authority under clause (1) of subsection (d) of section 2ZZZ of chapter 29 of the General Laws; provided, that the Massachusetts Bay Transportation Authority shall issue quarterly reports to the secretary of administration and finance, the chairs of the house and senate committees on ways and means, and the chairs of the joint committee on transportation providing for an accounting of the funds provided for in this item, which shall include the amount of money received under this transfer, the amount of money expended under this transfer, a description of items and services for which funds have been expended, and the expected funding levels of this item to be requested for of the fiscal years between 2019 through 2021; provided further the Authority shall submit these reports on a quarterly basis not later than 30 days following the last day of the quarter; and provided further, that the first such report shall be due not later than September 30, 2017; provided further, that the Authority shall not present any planning document or budget presentation on projected structural deficits for the authority without including amounts set forth in this item; provided further, that the monies distributed in this item shall be used for the purposes of preventing diminished service levels and preventing diminished personnel levels………………………………………………………………...$127,000,000”

Budget Amendment ID: FY2018-S3-1008

TRP 1008

BerkshireFLYER

Mr. Hinds moved that the proposed new text be amended in section 2, by inserting, after section 114, the following new section: -

SECTION 115. The department of transportation shall convene a working group, not later than October 1, 2017, for the purposes of identifying and evaluating the economic and cultural benefits, and political, legal or logistical challenges to the Berkshires, western Massachusetts and the Commonwealth as a whole, of establishing direct seasonal weekend passenger rail service between New York City and Pittsfield between Memorial Day and Columbus Day weekends modeled on the CapeFLYER passenger rail. The working group shall contact New York officials on the state, local and county level to identify opportunities for collaboration and mutually-beneficial improvements and expansions in passenger rail infrastructure and service. The working group shall include, but not be limited to, a designee from the secretary of housing and economic development, elected officials from the state and federal legislative delegations, the duly elected Mayor of Pittsfield, the Berkshire County Regional Planning Commission and existing rail service stakeholders. The secretary & CEO of the department of transportation shall designate a qualified individual to chair the working group. The working group shall submit its findings to the Massachusetts department of transportation, the joint committee on transportation, the house and senate committees on ways and means and the joint committee on tourism, arts and cultural development no later than March 1, 2018.

Budget Amendment ID: FY2018-S3-1009-R1

Redraft TRP 1009

North South Rail Link Study

Messrs. Eldridge, McGee and O'Connor, Ms. Creem and Mr. Tarr moved that the proposed new text be amended by inserting after section XX, the following new section:-

"SECTION XX. Any study conducted by the Department of Transportation on the proposed North South Rail Link shall include:

(a) a review of the most efficient and cost effective railroad equipment and operating practices among the service plans evaluated, reflecting global best practices. An assessment of Electric Multiple Unit (EMU) and Bi-Modal Multiple Unit (BMU) technologies for their impact on service quality, operating cost, station design and ridership. An evaluation of emerging technologies that may reduce the cost and environmental impact of providing electrified service;

(b) updated ridership models that reflect new and emerging technologies and modal options not in existence when the travel models were last calibrated in 2009-2011, including “last mile” ride-sharing services, autonomous vehicles and high quality rail services;

(c) quantifying the potential economic impact of modern, unified regional rail service integrated with urban transit in Boston, across the entire service area of the existing system, and not limited to the urban core. This analysis shall address the following factors: transit oriented development opportunities near rail stations; impact on residential and commercial property values and related municipal tax revenue; impact on Gateway Cities, including the likelihood of new investment, employment access, and poverty reduction; impact on regional tourism due to enhanced access to sites beyond the urban core; impact on strategic economic growth, including enhanced access to housing, jobs and employees and impacts on recruiting, compensation, retention and productivity; impact on poverty reduction due to improved access to employment and affordable housing, and the economic value of such poverty reduction;

(d) quantifying the projected air quality impacts of each service plan, including greenhouse gas reduction, particulates and other toxins, and the economic value of any reduction, a health impact assessment estimating the health impact from each service plan, and related cost impacts, including mortality, asthma, cancer, diabetes and stress, whether these can be directly monetized or not;

(e) an identification of any opportunities for phasing of construction and electrification, based on the business case. An evaluation of the potential value and cost savings of using clean fill from the tunnel and station excavation to raise the grade and improve the flood resiliency of development sites near the portals; and

(f) an independent peer review upon 25% completion."

Budget Amendment ID: FY2018-S3-1013

TRP 1013

MassDOT Salaries for Certain Positions

Messrs. Rush, Eldridge, Cyr, Moore and Humason moved that the proposed new text be amended by inserting, after section __, the following new section:-

"SECTION __. Section 15 of chapter 6C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the word "expenditures", in line 12, the following words:-

, unless used as the state match to federal funding for transportation projects; provided, however, that the department shall report annually, on or before February 1, to the house and senate chairs of the joint committee on transportation, on the following: (i) the amount of capital expenditures used as the state match to federally-eligible capital projects; (ii) the total number of department employee salaries included in capital expenditures, including a breakdown by division of the position titles and accompanying salaries; (iii) the total number of employees of the division of highways assigned to capital projects; (iv) a schedule of transportation capital projects where employee salaries are included in capital expenditures; (v) the status of said projects; (vi) any projected cost savings; and (vii) the impact of including department employee salaries in capital expenditures on the ability of the division of highways to plan, design, construct and complete transportation capital projects.”

Budget Amendment ID: FY2018-S3-1014

TRP 1014

Montachusett Regional Transit Authority

Ms. Gobi moved that the proposed new text be amended in section 2E, in item 1595-6370, by adding the following:- “provided, that not less than $250,000 shall be provided to the Montachusett regional transit authority for the so-called “Athol-Orange shuttle”, the Community Transit Services successor service, to maintain current transportation service in Athol and Orange; provided further that the Montachusett regional transit authority continue the agreement executed by the Massachusetts Department of Transportation as authorized by Chapter 133 of the Acts of 2016;”

Budget Amendment ID: FY2018-S3-1017-R1

Redraft TRP 1017

Marshfield Sidewalk Construction

Mr. O'Connor moved that the proposed new text be amended in section 2E, in item 1595-6368, by inserting at the end the following:-

"provided further, that no less than $70,000 shall be expended to the town of Marshfield for the completion of a large scale sidewalk construction project; and provided further that not less than $35,000 shall be expended for construction of a pedestrian walkway with appropriate safety signage and signalization at intersection of Rte. 3A and the new Gates Middle School in the town of Scituate"; and in said item by striking out the figures "314,411,545" and inserting in place thereof the figures of “314,516,545”.

Budget Amendment ID: FY2018-S3-1018

TRP 1018

Capital Expenditure Authorization for Federally Aided Transportation Projects

Messrs. McGee and Lewis moved that the proposed new text be amended by inserting after section ___, the following new section:-

SECTION ______. Section 15 of said chapter 6C, as so appearing, is hereby amended by inserting in line 12, after the word, "expenditures," the following words:- , unless used as the state match to federal funding for transportation projects.

Budget Amendment ID: FY2018-S3-1019-R1

Redraft TRP 1019

Good News Garage Transportation for Low-Income Families

Ms. Chandler and Mr. Moore moved that the proposed new text be amended in section 2, in item 4401-1000, by adding the following:- “…provided that not less than $75,000 shall be expended for Ascentria Care Alliance to provide transportation to low-income families through their Good News Garage Ready to Go Service.” and by striking out the figures “$14,598,659” and inserting instead thereof “$14,673,659.”

Budget Amendment ID: FY2018-S3-1020-R1

Redraft TRP 1020

Springfield to Boston High-speed Rail Feasibility Study

Messrs. Lesser and Cyr, Ms. Gobi, Messrs. Hinds and O'Connor moved that the proposed new text be amended by inserting after section 77 the following section:-

“SECTION 77A. 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 committees on ways and means and the senate and house chairs of the joint committee on transportation not later than December 1, 2017.”

Budget Amendment ID: FY2018-S3-1021-R1

Redraft TRP 1021

Notification for EZ pass holders

Mr. Lewis moved that the proposed new text be amended by inserting after section 4 the following section:-

"SECTION 4A. Section 13 of chapter 6C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by adding the following subsection:-

(d) The department shall regularly review fees and fines assessed on electronic toll collection system account holders. Not less than once each month, the department shall contact accounts with more than $100 in outstanding fees and fines assessed on unpaid tolls to update the account holder on the account status and provide guidance as to what actions the account holder may take to remedy the account balance. Efforts to contact account holders shall include comparing address information on file with the national change of address registry, communicating with the account holder by email and communicating with the account holder by phone."

Budget Amendment ID: FY2018-S3-1022

TRP 1022

Weymouth Landing Intersection Improvements

Mr. O'Connor moved that the proposed new text be amended in section 2E, in item 1595-6368, by inserting after the word “Somerville”, the following new language:-

"and provided further, that no less than $50,000 shall be expended to the city known as the town of Weymouth for signage improvements and sidewalk installation at the intersection of Washington Street and Broad Street in Weymouth”; and in said item by striking out the figures "314,411,545" and inserting in place thereof the following figures:- "314,461,545".

Budget Amendment ID: FY2018-S3-1024

TRP 1024

Highway West

Messrs. Humason and Hinds moved that the proposed new text be amended in section 2, by inserting after section 77 the following section: -

"SECTION 77A. (a) The Massachusetts Department of Transportation shall conduct a feasibility study relative to the establishment of an interchange on interstate highway route 90 between the existing interchanges located in the city of Westfield and the town of Lee. The study shall examine and evaluate the costs and economic opportunities related to establishing the interchange between the city of Westfield and the town of Lee including, but not limited to: (i) the projected capital costs; (ii) the projected operating costs; (iii) the projected use levels; (iv) the environmental and community impact estimates; (v) the availability of federal, state, local and private sector funding sources; and (vi) the resulting economic, social and cultural benefits to the surrounding region and the commonwealth.

(b) The department shall file a report of the results of its study with the clerks of the senate and house of representatives, the chairs of the senate and house committees on ways and means and the senate and house chairs of the joint committee on transportation not later than July 1, 2018."

Budget Amendment ID: FY2018-S3-1026

TRP 1026

Commission to Study Alternatives to Salt in Road De-Icing

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

“SECTION __. There is hereby established a special commission on reducing the use of salt in de-icing roads. The commission shall examine alternative methods of de-icing roads, including but not limited to the use of salt brine and other substances as alternatives to salt and monitoring weather conditions to determine the most effective time to use salt. The commission shall consider environmental impacts and cost-effectiveness of alternatives and preventive measures.

The commission shall consist of the following members: the secretary of the department of transportation or a designee; the secretary of the executive office of energy and environmental affairs or a designee; 2 members appointed by the president of the senate; 1 member appointed by the senate minority leader; 2 members appointed by the speaker of the house of representatives; 1member appointed by the house minority leader; and 3 members to be appointed by the governor, 2 of whom shall have experience in snow and ice removal.

The commission shall file the results of its study together with recommendations for legislation with the clerks of the house of representatives and senate on or before June 1, 2018.”

Budget Amendment ID: FY2018-S3-1027

TRP 1027

Route 9 Culvert

Mr. Ross and Ms. Creem 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 $8,050,000 shall be expended for the planning, design, construction, and any other associated costs for drainage improvements along Route 9 adjacent to Boulder Brook and Morses Pond in the town of Wellesley;” and in said item, by striking out the figures “$314,411,545” and inserting in place thereof the figures “$322,461,545”

Budget Amendment ID: FY2018-S3-1028-R1

Redraft TRP 1028

MBTA Pension Fund Sustainability Commission

Messrs. Tarr, Fattman, Ross, Humason and deMacedo moved that the proposed new text be amended by inserting after section 100 the following section:-

"SECTION 100A. There shall be an MBTA pension fund sustainability commission to examine the current state of the fund and to identify, research and recommend actions to increase the strength and sustainability of the assets and mechanisms necessary to ensure the payment and support of pension obligations of current and future employees of the Massachusetts Bay Transit Authority.

The commission shall be composed of the house and senate chairs of the joint committee on transportation, or their designee, the ranking minority members of the joint committee on transportation, or their designee, the secretary of administration and finance or a designee, the secretary of transportation or a designee, the general manager of the Massachusetts Bay Transportation Authority or a designee, 1 person to be appointed by the Massachusetts AFL-CIO, 1 person to be appointed by Local 589 of the Amalgamated Transit Union, 1 person to be appointed by Local 264 of the International Association of Machinists and Aerospace Workers, 1 person to be appointed by the attorney general who shall be an attorney with experience in pension fund issues and labor law, the executive director of the Pension Reserves Investment Management Board, 1 person to be appointed by the governor who shall have state public sector legal experience, 1 person to be appointed by the state treasurer who shall have experience in investment and asset management and 1 person to be appointed by the state auditor who shall represent the interests of the public.

In performing its duties, the commission may consult with experts in pension fund management and operations and investments and shall receive testimony in oral and written form; provided, however, that such testimony shall be made available to the public in a clear and conspicuous manner.

The commission shall consider all reasonable mechanisms to achieve the goal of sustainability of pension funding for the authority’s employees.

The commission shall submit an initial report describing the commission’s progress not later than January 15, 2018 and a final report detailing its findings and recommendations, if any, including drafts of legislation necessary to carry out those recommendations not later than December 31, 2018 by filing the same with the clerks of the senate and house of representatives and with the chairs of the joint committee on transportation, the chairs of the senate and house committees on ways and means and the secretary of administration and finance.”

Budget Amendment ID: FY2018-S3-1030

TRP 1030

Closing Para-Transit Service Gaps

Mr. Tarr moved that the proposed new text be amended by inserting after section__, the following new section:-

SECTION__. The secretary of transportation, in consultation with the general manager of the Massachusetts Bay Transit Authority, shall analyze the present deficiency of para-transit transportation options in the town of North Reading, and develop and implement a plan to address such deficiencies not later than April 1, 2018.

Budget Amendment ID: FY2018-S3-1031-R1

Redraft TRP 1031

Transparency in MBTA Contract Proposals

Messrs. Keenan and Eldridge, Ms. L'Italien, Messrs. Pacheco, Lewis, Brady and McGee, Ms. Gobi, Ms. O'Connor Ives, Messrs. Cyr, O'Connor, Boncore, Timilty, Moore and Rush, Ms. Forry, Messrs. Ross and deMacedo moved that the proposed new text be amended in section 4, by inserting at after the word “employees”, in line 7, the following words:- “; provided, however, that the representatives duties shall include, but not be limited to, ensuring that the department and its agencies adhere to good faith negotiations in all labor contracts or contract changes.”; and

by inserting after section 66 the following 2 sections:-

“SECTION 66A. Subsection (b) of section 201 of chapter 46 of the acts of 2015 is hereby amended by inserting after the first sentence the following sentence:- If the privatization of a core transportation service or maintenance function is being proposed or considered, the general manager’s update shall include an affirmation that good faith negotiations with the employee organizations representing the employees performing the work proposed for privatization have occurred prior to considering privatization and a description of those efforts including, but not limited to, a description of the bargaining history of the parties, including the dates, times, and lengths of negotiation meetings between the parties and any beliefs of the parties that an impasse exist.

SECTION 66B. Section 203 of said chapter 46 is hereby amended by striking out clause (v) and inserting in place thereof the following clause:- (v) review any contract for the provision of services entered into or proposed by the authority, including contracts entered into before the establishment of the fiscal and management control board including, but not limited to, commuter rail and paratransit service contracts, and amend those contracts or contract proposals, as necessary, in accordance with their terms; provided, however, that in its review of any contract or contract proposal for the privatization of a core transportation service or maintenance function, the control board shall require the general manager to submit information regarding whether good faith negotiations occurred prior to considering privatization and shall consider this information in its determination of whether to approve or amend a contract.”