Budget Amendment ID: FY2019-S4-1158

TRP 1158

Wellesley Pedestrian Crossing Study

Ms. Creem and Mr. Ross moved that the proposed new text be amended in section 2E, in item 1595-6368, by inserting the following at the end thereof:- “; provided further, that not less than $30,000 shall be expended for a study on pedestrian crossings of Route 9 in Wellesley”;  and by deleting the figures “$322,679,448” and inserting in place thereof the figures “$322,709,448“


Budget Amendment ID: FY2019-S4-1159

TRP 1159

Heroes Circle

Messrs. deMacedo, Tarr and Humason moved that the proposed new text be amended by adding the following section:- “SECTION XX. 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 the 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.”


Budget Amendment ID: FY2019-S4-1160

TRP 1160

Smarter Tolling Program

Messrs. Tarr, Eldridge, Crighton and Ross, Ms. Gobi, Messrs. Brownsberger, Fattman, Cyr and Boncore moved that the proposed new text be amended by inserting after section ___the following section:-

"SECTION __. The Massachusetts department of transportation shall design and implement a temporary pilot program with the intention of testing the technological feasibility of charging toll rates that are different depending on time of day, with the goal of relieving congestion for motorists. Said program shall project to result in a total projected toll revenue loss of no more than one hundred thousand dollars, and shall commence no later than October 1, 2018. No later than 60 days following the conclusion of said program, the department of transportation shall transmit a report to the clerks of the house and senate detailing the scope of the program, implementation challenges, lessons learned, and proposed next steps to use tolling policies as a means to alleviate congestion on roadways.”

 


Budget Amendment ID: FY2019-S4-1160-R1

Redraft TRP 1160

Smarter Tolling Program

Messrs. Tarr, Boncore, Eldridge, Crighton and Ross, Ms. Gobi, Messrs. Brownsberger, Fattman and Cyr moved that the proposed new text be amended by inserting after section 56 the following section:-

“SECTION 56A. The Massachusetts Department of Transportation shall design and implement a temporary pilot program with the intention of testing the technological feasibility of charging toll rates that are different depending on the time of day, with the goal of relieving congestion for motorists. The program shall not result in a toll rate increase on any road or driver and shall include a discount structure including off-peak discounts of not less than 25 per cent. Only vehicles with transponders issued by the commonwealth shall be eligible for such discounts. The pilot program shall commence not later than October 31, 2018.

The Massachusetts Department of Transportation shall issue a report on the results of the pilot program, including, but not limited to: (i) the scope of the pilot program; (ii) implementation challenges and lessons learned; (iii) data on customer participation and customer satisfaction; (iv) an analysis how the pilot compared to smarter tolling policies in other states and regions; and (v) an analysis of how tolling policies can be used to alleviate congestion on roadways and proposed next steps toward implementation. Not later than 60 days after the conclusion of the program, the report shall be filed with the clerks of the senate and the house of representatives, the chairs of the senate and house committees on ways and means and the chairs of the joint committee on transportation.”.


Budget Amendment ID: FY2019-S4-1161

TRP 1161

Dark Sky

Ms. Creem and Mr. Tarr moved that the proposed new text be amended by inserting after section _ the following sections:-

SECTION _: Chapter 85 of the General Laws is hereby amended by adding the following section:

Section 38. (a) As used in this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Correlated color temperature”, the apparent hue of the light emitted by a fixture, expressed in kelvins.

“Direct light”, light emitted by a fixture, whether from the light source or a reflector or through a refractor.

“Façade lighting”, a permanent outdoor fixture that is specifically intended to illuminate the exterior surface of a building or structure.

“Fixture”, a complete lighting unit, including a light source together with the parts designed to distribute the light, to position and protect the light source and connect the light source to the power supply.

“Fixture lumens”, total lumens emitted by a fixture.

“Fully shielded fixture”, a fixture that emits no direct light above a horizontal plane through the fixture’s lowest light-emitting part, in its mounted position.

“Glare”, light emitted by a fixture that causes visual discomfort or reduced visibility.

“Illuminance”, the luminous power incident per unit area of a surface.

“Light trespass”, light that falls beyond the property it is intended to illuminate.

“Lumen”, a standard unit of measurement of the quantity of light emitted from a source of light.

“Ornamental roadway lighting”, a roadway-lighting fixture that serves a decorative function in addition to a roadway-lighting function and that has a historical period appearance or decorative appearance.

“Parking-lot lighting”, a permanent outdoor fixture specifically intended to illuminate an uncovered vehicle-parking area.

“Part-night service”, a rate charged by a utility company to provide unmetered electricity for permanent outdoor fixtures that operate for only a portion of each night’s dusk-to-dawn cycle.

“Permanent outdoor fixture”, a fixture for use in an exterior environment installed with mounting not intended for relocation.

“Roadway lighting”, a permanent outdoor fixture specifically intended to illuminate a public roadway.

“Sky glow”, scattered light in the atmosphere that is caused by light directed upward or sideways from fixtures, reducing an individual’s ability to view the natural night sky.

“State funds”, bond revenues or money appropriated or allocated by the general court.

(b) State funds shall not be used to install a new permanent outdoor fixture or to pay for the cost of operating a new permanent outdoor fixture unless:

(i) for roadway lighting or parking-lot lighting, whether mounted to poles, buildings or other structures and the fixture is fully shielded.

(ii) for a building-mounted fixture not specifically intended for roadway lighting, parking-lot lighting or façade lighting and the fixture is fully shielded when its initial fixture lumens is greater than 3000 lumens;

(iii) for façade lighting and the fixture is shielded to reduce glare, sky glow and light trespass to the greatest extent possible;

(iv) for an ornamental roadway lighting fixture and the fixture emits not more than 700 lumens above a horizontal plane through the fixture’s lowest light-emitting part;

(v) the light emitted by the fixture has a correlated color temperature that is not greater than 3000 kelvins; and

(vi) for roadway lighting unassociated with intersections of 2 or more streets or highways, the Massachusetts Department of Transportation has determined that the purpose of the fixture installation cannot be achieved by installation of a reflectorized roadway marker, line, warning or informational sign or other passive means.

(c) This section shall not apply: (i) if it is preempted by federal law; (ii) if the outdoor lighting fixture is used temporarily for an emergency procedure or road repair; (iii) to navigational and other lighting systems necessary for aviation and nautical safety; (iv) to lighting for an athletic playing area; provided, however, that a fixture used therefor shall be selected and installed so as to minimize glare, light trespass and sky glow outside the athletic playing area; (v) if a compelling and bona fide safety or security need exists that cannot be addressed by another reasonable method; (vi) to the replacement of a previously installed permanent outdoor fixture that is destroyed, damaged or inoperative, has experienced electrical failure due to failed components, or requires standard maintenance; (vii) to lighting intended for a tunnel or roadway underpass; or (viii) to a special event or situation that might require additional illumination including, but not limited to, the illumination of a historic structure, monument or flag; provided, however, that the illumination shall be selected and installed to minimize glare, light trespass and sky glow to the greatest extent possible.

(d) The department of energy resources, in consultation with the Massachusetts Department of Transportation, shall develop and promulgate regulations to implement and enforce this section. The regulations shall include system to ensure that the use of state funds, including, but not limited to, operating costs for new permanent outdoor fixtures for roadway lighting or parking lot lighting installed by electric distribution companies and municipal aggregators, comply with this section.

SECTION _. The department of energy resources shall promulgate guidelines for illumination by new permanent outdoor fixtures for applications under section 38 of chapter 85 such that the illuminance levels required for the intended purpose as defined in the most recent edition of The Lighting Handbook published by the Illuminating Engineering Society may be used; provided, however, that if a municipal or county ordinance or regulation specifies a different illuminance level, the illuminance level required for the intended purpose by the ordinance or regulation may be used.

SECTION _. The Massachusetts Department of Transportation shall review and issue a report on roadway lighting and lighting operational costs. The report shall include a review of warranting and other criteria for roadway lighting and an analysis of lighting operational costs, actions taken by the department to comply with current standards, procedures and accepted best practices relative to roadway lighting and a plan to reduce lighting operational costs through the replacement of existing lower-wattage, fully shielded fixtures and the replacement of unnecessary roadway lighting with the installation of passive safety measures. The department shall issue its report to the department of energy resources and the clerks of senate and the house of representatives not later than January 1, 2019.

SECTION _. The department of public utilities shall, subject to its ratemaking authority, develop a rate for part-night service, dimming and controls-operated for unmetered roadway or parking-lot lighting to apply to each new electric utility rate case submitted after January 1, 2019.

SECTION _. Sections 1 and 2 shall take effect on July 1, 2019.


Budget Amendment ID: FY2019-S4-1162

TRP 1162

Improvements to the Route 117 Corridor in Bolton

Mr. Tran moved that the proposed new text be amended in section 2E, in item 1595-6368, by adding the following: provided further, that no less than $150,000 shall be expended to the Town of Bolton for improvements to the Route 117 Corridor" and in said item by striking out the figures, "322,679,448" and inserting in place thereof the figures "$322.779,448


Budget Amendment ID: FY2019-S4-1162-R1

Redraft TRP 1162

Improvements to the Route 117 Corridor in Bolton

Mr. Tran and Ms. L'Italien moved that the proposed new text be amended in section 2E, in item 1595-6368, by adding the following: provided further, that no less than $150,000 shall be expended to the Town of Bolton for improvements to the Route 117 Corridor" and in said item by striking out the figures, "322,679,448" and inserting in place thereof the figures "$322.779,448

and moves to further amend by inserting after section _ the following section:-

SECTION_. The Department of Transportation shall establish a task force to develop and provide oversight on a feasibility study for safely widening Route 2 and implementation of other safety improvements from the Concord rotary to the City of Gardner. The task force shall consist of 2 members of the House of Representatives, 1 who shall be the House chair from the Committee on Transportation or their designee, and 1 who shall be a local Representative; 2 members of the Senate, 1 who shall be the Senate chair from the Committee on Transportation or their designee, and 1 who shall be the local State Senator; the Secretary of the Massachusetts Department of Transportation or their designee; and two members to be appointed by the Governor who shall be residents of the cities and towns along said stretch of highway.

The task force shall evaluate the widening of the aforementioned highway, including, but not limited to, signage, lighting, landscape, improvements, traffic flow, relocations of crossings and exits and bridge rebuilds to facilitate the expansion of Route 2 in this corridor from its present 2 lanes in each direction, to 3 lanes in each direction. The task force shall report their findings, together with recommended necessary improvements and a cost analysis to the Governor and the clerks of the House of Representatives and the Senate within 180 days of this act.


Budget Amendment ID: FY2019-S4-1162-R4

4th Redraft TRP 1162

Improvements to the Route 117 Corridor in Bolton

Mr. Tran and Ms. L'Italien moved that the proposed new text be amended by inserting after section 56 the following section:-

“SECTION 56A. Notwithstanding any general or special law to the contrary, the Massachusetts Department of Transportation shall conduct a study to determine the feasibility of increasing the width of route 2 between the town of Concord and the city of Gardner. The study shall evaluate the cost of adding a lane in either direction, including the cost of relocating crossings and exits and rebuilding existing bridges. The study shall also take into account the existing traffic flow and congestion and the extent to which an additional lane would improve traffic flow and congestion. The department shall submit a report with the results of the study to the clerks of the house of representatives and the senate and the joint committee on transportation not later than December 31, 2019.”


Budget Amendment ID: FY2019-S4-1162-R2

2nd Redraft TRP 1162

Improvements to the Route 117 Corridor in Bolton

Mr. Tran and Ms. L'Italien moved that the proposed new text be amended in section 2E, in item 1595-6368, by inserting after section _ the following section:-

SECTION_. The Department of Transportation shall establish a task force to develop and provide oversight on a feasibility study for safely widening Route 2 and implementation of other safety improvements from the Concord rotary to the City of Gardner. The task force shall consist of 2 members of the House of Representatives, 1 who shall be the House chair from the Committee on Transportation or their designee, and 1 who shall be a local Representative; 2 members of the Senate, 1 who shall be the Senate chair from the Committee on Transportation or their designee, and 1 who shall be the local State Senator; the Secretary of the Massachusetts Department of Transportation or their designee; and two members to be appointed by the Governor who shall be residents of the cities and towns along said stretch of highway.

The task force shall evaluate the widening of the aforementioned highway, including, but not limited to, signage, lighting, landscape, improvements, traffic flow, relocations of crossings and exits and bridge rebuilds to facilitate the expansion of Route 2 in this corridor from its present 2 lanes in each direction, to 3 lanes in each direction. The task force shall report their findings, together with recommended necessary improvements and a cost analysis to the Governor and the clerks of the House of Representatives and the Senate within 180 days of this act.


Budget Amendment ID: FY2019-S4-1162-R3

3rd Redraft TRP 1162

Improvements to the Route 117 Corridor in Bolton

Mr. Tran and Ms. L'Italien moved that the proposed new text be amended by inserting after section _ the following section:-

SECTION_. The Department of Transportation shall establish a task force to develop and provide oversight on a feasibility study for safely widening Route 2 and implementation of other safety improvements from the Concord rotary to the City of Gardner. The task force shall consist of 2 members of the House of Representatives, 1 who shall be the House chair from the Committee on Transportation or their designee, and 1 who shall be a local Representative; 2 members of the Senate, 1 who shall be the Senate chair from the Committee on Transportation or their designee, and 1 who shall be the local State Senator; the Secretary of the Massachusetts Department of Transportation or their designee; and two members to be appointed by the Governor who shall be residents of the cities and towns along said stretch of highway.

The task force shall evaluate the widening of the aforementioned highway, including, but not limited to, signage, lighting, landscape, improvements, traffic flow, relocations of crossings and exits and bridge rebuilds to facilitate the expansion of Route 2 in this corridor from its present 2 lanes in each direction, to 3 lanes in each direction. The task force shall report their findings, together with recommended necessary improvements and a cost analysis to the Governor and the clerks of the House of Representatives and the Senate within 180 days of this act.


Budget Amendment ID: FY2019-S4-1163

TRP 1163

Leominster Johnny Appleseed Festival Support Funding

Mr. Tran moved that the proposed new text be amended in section 2, in item 7008-0900, by adding the folowing: "provided further, that not less than 40,000 shall be expended to the City of Leominster for their Johnny Appleseed Festival promoting tourism" and in said item by striking out the figures, "848,176" and inserting in place thereof the figures "888,176"


Budget Amendment ID: FY2019-S4-1164

TRP 1164

Fitchburg Civic Days Support Funding

Mr. Tran and Ms. L'Italien moved that the proposed new text be amended in section 2, in item 7008-0900, by adding the folowing: "provided further, that not less than 30,000 shall be expended to the city of Fitchburg to host the 58th Annual Civic Days festivities and cultural activities in the city of Fitchburg promoting civic engagement and diversity;" and in said item by striking out the figures, "848,176" and inserting in place thereof the figures "878,176"


Budget Amendment ID: FY2019-S4-1165

TRP 1165

Pedestrian Safety Improvements

Ms. Jehlen moved that the proposed new text be amended in section 2E, in item 1595-6368, by adding the following words:-

“provided further, not less than $50,000 shall be expended to improve pedestrian safety and access to local businesses along State Route 38 at Bonner Avenue in Medford; provided further, that not less than $100,000 shall be expended to improve pedestrian safety and access to public transportation along State Route 38/Mystic Avenue in Somerville”; and

in said section 2E, in said item 1595-6368, by striking out the figure "$322,679,448" and inserting in place thereof the following figure:-

"$322,829,448".


Budget Amendment ID: FY2019-S4-1166

TRP 1166

Kensington Underpass

Ms. Jehlen moved that the proposed new text be amended in section 2E, in item 1595-6368, by adding the following words:-

"provided further, not less than $75,000 shall be expended for the Kensington Underpass in East Somerville"; and

in said section 2E, in said item 1595-6368, by striking out the figure "$322,679,448" and inserting in place thereof the following figure:-

"$322,754,448".


Budget Amendment ID: FY2019-S4-1166-R1

Redraft TRP 1166

Kensington Underpass

Ms. Jehlen moved that the proposed new text be amended in section 2E, in item 1595-6368, by adding the following words:-

"provided further, not less than $95,000 shall be expended for the Kensington Underpass in East Somerville"; and

in said section 2E, in said item 1595-6368, by striking out the figure "$322,679,448" and inserting in place thereof the following figure:-

"$322,774,448".


Budget Amendment ID: FY2019-S4-1168

TRP 1168

CDL fee waiver for veterans

Messrs. Tarr, deMacedo, Humason, O'Connor and Fattman moved that the proposed new text be amended by inserting after section ___the following section:-

"SECTION_. Section 8 of chapter 90F is hereby amended by inserting at the end thereof the following:"No fee shall be charged for a commercial driver license for any veteran as defined under section 7 of chapter 4 of the massachusetts general laws upon presenting proper identification documentation"


Budget Amendment ID: FY2019-S4-1169-R1

Redraft TRP 1169

Motorcycle Safety Fund

Ms. Gobi, Ms. Friedman, Messrs. Crighton, Hinds, Eldridge, Welch, Timilty, DiDomenico, Brownsberger, Feeney, Keenan, Tarr, Moore, O'Connor, Collins, Tran, Ross and Cyr, Ms. L'Italien, Messrs. Rush, Pacheco, Brady, Montigny and Rodrigues and Ms. O'Connor Ives moved that the proposed new text be amended by adding the following sections:

Section XX. Chapter 10 of the General Laws as appearing in the 2016 Official Edition is hereby amended by inserting after section 35AAA the following section:-

35BBB. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Motorcycle Safety Fund for motorcycle safety related activities. Such fund shall consist of all revenues received by the commonwealth under section thirty-four of chapter ninety and which are specifically designed therein for said Motorcycle Safety Fund.

All revenues credited under this section shall remain in said Motorcycle Safety Fund, subject to appropriation to establish motorcycle safety related activities.

Section XX. Section 34 of Chapter 90 of the General Laws, is hereby amended by striking the words “(i) $2 from every motorcycle registration issued pursuant to section 2 shall be deposited into the General Fund and used solely for the purpose of promoting and advancing motorcycle safety;” and inserting in place thereof the following:-

(i) $2 from every motorcycle registration issued pursuant to section 2 shall be deposited monthly into a separate fund known as the Motorcycle Safety Fund for the purpose of promoting and advancing motorcycle safety; provided, however, that the registrar shall provide rebates of not less than $150 to persons under the age of 21 who successfully complete a motorcycle basic rider course approved by the registrar pursuant to section 8 and that the total of such rebates shall not exceed 20 per cent of the funds so deposited. All revenues credited under this section shall remain in the Motorcycle Safety Fund to administer a motorcycle safety program, which shall include, but not be limited to, funding registrar approved rider education courses and instructor training, maintaining a policy manual that shall provide minimum requirements for instructors and businesses that offer approved rider education courses in the commonwealth, the Motorcycle Awareness Program in Section 13D of Chapter 71 of the General Laws, and public awareness efforts. The State Treasurer shall not deposit such revenues in, or transfer such revenues to, the General Fund or any other fund other than the Motorcycle Safety Fund. The State Treasurer shall produce annually, an accounting report detailing income and expenditures relating to said Motorcycle Safety Fund, deliverable to the Chairman of the Massachusetts Motorcycle Association (MMA), the house and senate chair of the Joint Committee on Transportation, and the clerks of the senate and house of representatives.

SECTION XX.  Section XX and Section XX shall take effect on July 1, 2019.


Budget Amendment ID: FY2019-S4-1169

TRP 1169

Motorcycle Safety Fund

Ms. Gobi, Ms. Friedman, Messrs. Crighton, Hinds, Eldridge, Welch, Timilty, DiDomenico, Brownsberger, Feeney, Keenan, Tarr, Moore, O'Connor, Collins, Tran, Ross and Cyr, Ms. L'Italien, Messrs. Rush, Pacheco, Brady, Montigny and Rodrigues and Ms. O'Connor Ives moved that the proposed new text be amended by adding the following sections:

Section XX. Chapter 10 of the General Laws as appearing in the 2016 Official Edition is hereby amended by inserting after section 35AAA the following section:-

35BBB. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Motorcycle Safety Fund for motorcycle safety related activities. Such fund shall consist of all revenues received by the commonwealth under section thirty-four of chapter ninety and which are specifically designed therein for said Motorcycle Safety Fund.

All revenues credited under this section shall remain in said Motorcycle Safety Fund, subject to appropriation to establish motorcycle safety related activities.

Section XX. Section 34 of Chapter 90 of the General Laws, is hereby amended by striking the words “(i) $2 from every motorcycle registration issued pursuant to section 2 shall be deposited into the General Fund and used solely for the purpose of promoting and advancing motorcycle safety;” and inserting in place thereof the following:-

(i) $2 from every motorcycle registration issued pursuant to section 2 shall be deposited monthly into a separate fund known as the Motorcycle Safety Fund for the purpose of promoting and advancing motorcycle safety; provided, however, that the registrar shall provide rebates of not less than $150 to persons under the age of 21 who successfully complete a motorcycle basic rider course approved by the registrar pursuant to section 8 and that the total of such rebates shall not exceed 20 per cent of the funds so deposited. All revenues credited under this section shall remain in the Motorcycle Safety Fund to administer a motorcycle safety program, which shall include, but not be limited to, funding registrar approved rider education courses and instructor training, maintaining a policy manual that shall provide minimum requirements for instructors and businesses that offer approved rider education courses in the commonwealth, the Motorcycle Awareness Program in Section 13D of Chapter 71 of the General Laws, and public awareness efforts. The State Treasurer shall not deposit such revenues in, or transfer such revenues to, the General Fund or any other fund other than the Motorcycle Safety Fund. The State Treasurer shall produce annually, an accounting report detailing income and expenditures relating to said Motorcycle Safety Fund, deliverable to the Chairman of the Massachusetts Motorcycle Association (MMA), the house and senate chair of the Joint Committee on Transportation, and the clerks of the senate and house of representatives.


Budget Amendment ID: FY2019-S4-1170

TRP 1170

Antique motor vehicle inspections

Ms. Gobi, Messrs. deMacedo and Brownsberger, Ms. L'Italien, Messrs. Ross, Tarr, Cyr and Tran moved that the proposed new text be amended by adding the following section:-

SECTION XX. 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.


Budget Amendment ID: FY2019-S4-1171

TRP 1171

Conductive Concrete Study

Messrs. O'Connor, Tarr, Humason, Moore and Ross moved that the proposed new text be amended in section 2E, by adding the following new outside section:

"SECTION XX. Notwithstanding any general or special law to the contrary, there shall be a special commission to study the feasibility of integrating the use of conductive concrete in all public works developments and projects.

A school of engineering within the state university of Massachusetts, in cooperation with the findings of the University of Nebraska-Lincoln, shall conduct a study to determine the cost, feasibility, effectiveness, and projected cost savings of using conductive concrete in future public works projects to construct roads and sidewalks. For the purposes of this act, conductive concrete shall mean a concrete compound that contains steel shavings and carbon particles to create enough conductivity to melt ice and snow while remaining safe to the touch.

The special commission shall submit its recommendations, together with drafts of any legislation, to the clerks of the House of Representatives and the Senate, and the chairs of the joint committee on economic development and emerging technologies, the joint committee on telecommunications, utilities and energy, and the joint committee on transportation not later than December 1, 2019.”


Budget Amendment ID: FY2019-S4-1173

TRP 1173

Peer to peer vehicle sharing

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

"SECTION X. (a) As used in this section the following words have the following meanings:-

(1) “Personal vehicle sharing program”, a legal entity qualified to do business in this state engaged in the business of facilitating the sharing of private passenger motor vehicles for noncommercial use by individuals within this state.

(2)   “Department”, the department of public utilities.

(b) In consultation with the department, a personal vehicle sharing program shall provide the vehicle registration information of each vehicle offered for rent to the department and to the Massachusetts Department of Transportation.

(c)  A personal vehicle sharing program shall provide clear and conspicuous transportation cost estimates to consumers including potential additional charges.

(d) A personal vehicle sharing program shall affix a clear and conspicuous symbol to each vehicle in use by any person other than its owner through a personal vehicle sharing program. The symbol shall be approved by the department of public utilities prior to use of any vehicle through a personal vehicle sharing program.

(e)  In consultation with state police, local law enforcement and the registry of motor vehicles, the department shall ensure the safety and inspection of vehicles in the network of the personal vehicle sharing program.

(f) If the department determines, after notice and a hearing, that a personal vehicle sharing program is in violation of this section or any rule or regulation promulgated under this section, the department shall issue a monetary penalty or take other action that the department deems necessary. In determining the amount of the monetary penalty, the department shall consider, without limitation, the size of the personal vehicle sharing program based on a personal vehicle sharing program’s intrastate operating revenues for the previous calendar year, the gravity of the violation, the degree to which the personal vehicle sharing program exercised good faith in attempting to achieve compliance or to remedy non-compliance and previous violations by the personal vehicle sharing program cited by the department.

The department shall issue rules and regulations to establish a process for administrative appeal of any penalty, suspension or revocation imposed in accordance with this section.

Any party aggrieved by a final order or decision of the department pursuant to this section may institute proceedings for judicial review in the superior court within 30 days after receipt of such order or decision.  Any proceedings in the superior court shall, insofar as applicable, be governed by the provisions of section 14 of chapter 30A, and may be instituted in the superior court for the county (i) where the parties or any of them reside or have their principal place of business within the commonwealth; (ii) where the department has its principal place of business; or (iii) of Suffolk.  The commencement of such proceedings shall not, unless specifically ordered by the court, operate as a stay of the department’s order or decision.

(g) The department in consultation with the Massachusetts Department of Transportation, shall promulgate regulations to implement this section."


Budget Amendment ID: FY2019-S4-1174

TRP 1174

Andover 311 Customer Service Project

Ms. L'Italien moved that the proposed new text be amended in section 2, in item 8000-0600, by inserting at the end thereof the following:- "and provided further, that not less than $100,000 shall be allocated to the town of Andover for IT Infrastructure for Andover’s 311 Customer Service Project"


Budget Amendment ID: FY2019-S4-1175-R3

3rd Redraft TRP 1175

Readville Commuter Rail

Messrs. Rush and Boncore moved that the proposed new text be amended  by inserting after section 46 the following section:-

“SECTION 46A.  The Massachusetts department of transportation shall complete a comprehensive review and study of the current methods utilized to set fare rates on the Massachusetts Bay Transportation Authority commuter rail. The study shall include, but not be limited to an examination of: (i) the fairness and equity of the current distance based fare system that utilizes fare zones; (ii) pricing based on track distance from the terminal station; (iii) the impacts of fare price on passengers’ choices between commuter rail, MBTA bus or subway service or motor vehicle transportation at commuter rail stations that have both types of service, including a comparison of frequency of service, travel time and parking costs; (iv) the potential for lower interzone fares to encourage ridership outside core central stations; (v) the potential for discounted fares for riders in gateway cities or similarly situated municipalities; and (vi) the potential for utilizing a variable pricing system based on the time of day.

To complete the study, the department shall utilize, to the extent possible, updated passenger counts at all commuter rail stations for the most recent calendar year, including data collected using an automated passenger count system from all commuter rail cars. The MBTA shall use the outcome of the study and the data collection to inform fare policy decisions. The department shall submit a written report of its findings, including recommendations, with the clerks of the senate and the house of representatives, the chairs of the senate and house committees on ways and means and the chairs of the joint committee on transportation not later than Janaury 1, 2019.”


Budget Amendment ID: FY2019-S4-1175-R2

2nd Redraft TRP 1175

Readville Commuter Rail

Messrs. Rush and Boncore moved that the proposed new text be amended by inserting after section 46 the following section:-

“SECTION 46A.  The Massachusetts department of transportation shall complete a comprehensive review and study of the current methods utilized to set fare rates on the Massachusetts Bay Transportation Authority commuter rail. The study shall include, but not be limited to an examination of: (i) the fairness and equity of the current distance based fare system that utilizes fare zones; (ii) pricing based on track distance from the terminal station; (iii) the impacts of fare price on passengers’ choices between commuter rail, MBTA bus or subway service or motor vehicle transportation at commuter rail stations that have both types of service, including a comparison of frequency of service, travel time and parking costs; (iv) the potential for lower interzone fares to encourage ridership outside core central stations; (v) the potential for discounted fares for riders in gateway cities or similarly situated municipalities; and (vi) the potential for utilizing a variable pricing system based on the time of day.

To complete the study, the department shall utilize, to the extent possible, updated passenger counts at all commuter rail stations for the most recent calendar year, including data collected using an automated passenger count system from all commuter rail cars. The MBTA shall use the outcome of the study and the data collection to inform fare policy decisions. The department shall submit a written report of its findings, including recommendations, with the clerks of the senate and the house of representatives, the chairs of the senate and house committees on ways and means and the chairs of the joint committee on transportation not later than March 1, 2019.”


Budget Amendment ID: FY2019-S4-1175-R1

Redraft TRP 1175

Readville Commuter Rail

Messrs. Rush and Boncore moved that the proposed new text be amended by inserting after section 46 the following section:-

“SECTION 46A.  The Massachusetts department of transportation shall complete a comprehensive review and study of the current methods utilized to set fare rates on the Massachusetts Bay Transportation Authority commuter rail. The study shall include, but not be limited to an examination of: (i) the fairness and equity of the current distance based fare system that utilizes fare zones; (ii) pricing based on track distance from the terminal station; (iii) the impacts of fare price on passengers’ choices between commuter rail, MBTA bus or subway service or motor vehicle transportation at commuter rail stations that have both types of service, including a comparison of frequency of service, travel time and parking costs; (iv) the potential for lower interzone fares to encourage ridership outside core central stations; (v) the potential for discounted fares for riders in gateway cities or similarly situated municipalities; and (vi) the potential for utilizing a variable pricing system based on the time of day.

To complete the study, the department shall utilize updated passenger counts at all commuter rail stations for the most recent calendar year, including data collected using an automated passenger count system from all commuter rail cars. The MBTA shall use the outcome of the study and the data collection to inform fare policy decisions. The department shall submit a written report of its findings, including recommendations, with the clerks of the senate and the house of representatives, the chairs of the senate and house committees on ways and means and the chairs of the joint committee on transportation not later than September 1, 2019.”


Budget Amendment ID: FY2019-S4-1175

TRP 1175

Readville Commuter Rail

Messrs. Rush and Boncore moved that the proposed new text be amended by adding the following section:-

“SECTION XX.  Notwithstanding any special or general law to the contrary, the Massachusetts Bay Transportation Authority shall recognize the Readville Commuter Rail station, located in the Readville section of Boston, in Zone 1A consistent with Fairmount Line stations located across the city of Boston.”


Budget Amendment ID: FY2019-S4-1176

TRP 1176

Andover Rt. 133

Ms. L'Italien moved that the proposed new text be amended in section 2, in item 1595-6368, by inserting at the end thereof the following:- "and provided further, that not less than $100,000 shall be allocated to the town of Andover for the final phase of the Rt133 corridor project plan development project"


Budget Amendment ID: FY2019-S4-1178-R2

2nd Redraft TRP 1178

Grafton Public Safety Improvements

Mr. Moore moved that the proposed new text be amended in section 2, in item 1595-6368, by adding the following words:- “; provided further, that not less than $57,000 shall be expended for additional warning sirens at the Grafton and Upton railroad propane facility in the town of Grafton”; and

in said section 2, in said item 1595-6368, by striking out the figure “$322,679,448” and inserting in place thereof the following figure:- “$322,736,448”.


Budget Amendment ID: FY2019-S4-1178-R1

Redraft TRP 1178

Grafton Public Safety Improvements

Mr. Moore moved that the proposed new text be amended in section 2, in item 1595-6369, by adding the following words”- “; provided further, that not less than $57,000 shall be expended for additional warning sirens at the Grafton and Upton railroad propane facility in the town of Grafton”; and in said section 2, in said 1595-6369, by striking out the figure "$127,000,000" and inserting in place thereof the following figure:- "$127,057,000".


Budget Amendment ID: FY2019-S4-1178

TRP 1178

Grafton Public Safety Improvements

Mr. Moore moved that the proposed new text be amended in section 2, in item 1595-6369, By adding the following words”- “; provided further, that not less than $60,000 shall be expended for additional warning sirens at the Grafton and Upton railroad propane facility in the town of Grafton”.


Budget Amendment ID: FY2019-S4-1180

TRP 1180

Commuter Rail Equity

Messrs. Boncore and Rush moved that the proposed new text be amended Notwithstanding any special or general law to the contrary, the Massachusetts Bay Transportation Authority shall recognize the Hyde Park Commuter Rail Station on the Providence and Franklin Lines, and  the West Roxbury, Highland, Bellevue and Roslindale Village Commuter Rail Stations on the Needham Line, as Zone 1A stops for the purposes of fare collection.


Budget Amendment ID: FY2019-S4-1182

TRP 1182

Paving, Maintenance of Roads, Private Ways and Sidewalk Improvements in the City of Springfield

Messrs. Welch and Lesser moved that the proposed new text be amended in section 2E, in item 1595-5819, by adding the following words in item 1595-5819:- “For paving and maintenance of roads, private ways and sidewalk improvements in the City of Springfield…………$150,000”.

 


Budget Amendment ID: FY2019-S4-1183

TRP 1183

Regional Ballot Initiatives for Transportation

Messrs. Lesser, Crighton, Barrett, Hinds, Ross and Eldridge, Ms. Gobi, Messrs. Cyr and Welch, Ms. L'Italien and Ms. Jehlen moved that the proposed new text be amended by inserting after section X the following section:-

"SECTION XX. The General Laws are hereby amended by inserting after chapter 64M the following chapter:-

Chapter 64N. Local and Regional Transportation Ballot Initiatives

Section 1. Definitions. The following terms shall have the following meanings:

“District agreement”, a document specifying the terms and conditions of the powers and duties of the two or more municipalities forming a district under section 4 of this chapter, pursuant to the laws governing any such municipality, the provisions of this chapter, and such procedural regulations as the commissioner of revenue may promulgate.

“Governing body”, in a city having a Plan D or Plan E charter the city manager and city council and in any other city the mayor and the city council and in towns the board of selectmen or equivalent body.

“Single subject of taxation”, one of four taxes, sales, real or personal property, motor vehicle fuel, room occupancy, vehicle excise, or any other tax then authorized to be assessed or collected by the commonwealth or any city or town, as determined annually by the board of assessors or department of revenue, that the city or town, or district, may subject to the tax surcharge.

“Transportation project”, a project or program involving the planning, design and/or construction of public or mass transportation transit systems, transit oriented development, roads, bridges, bikeways, pedestrian pathways, and other transportation-related projects.

Section 2. Taxing authority and acceptance of this chapter.

(a) This chapter shall take effect in any city or town upon the approval of its governing body and its acceptance by the voters of any city or town by a ballot question as set forth in section 3.

(b) A city or town shall have authority to impose any tax surcharge within its city or town on a single subject of taxation subject only to the condition that such tax is a surcharge on a tax then authorized by state law; provided, however, that no tax surcharge shall be imposed within the city or town unless it has first been approved by the governing body of such city and town and accepted by a majority of the voters of a city or town through a ballot question as set forth in section 3, except as provided in section 4.

(c) Notwithstanding the provisions of chapters 59, 60A, 64H, 62, or any other general or special law to the contrary, but subject, however, to the provisions of this chapter, the governing body of any city or town may vote to accept the provisions of this chapter authorizing a surcharge on a single subject of taxation, as determined annually by the board of assessors or department of revenue. A governing body that intends to accept the provisions of this chapter shall determine prior to approval which single subject of taxation will be levied and the amount and rate of surcharge.  For a real or personal property tax surcharge, the amount of the surcharge shall not be included in a calculation of total taxes assessed for purposes of section 21C of chapter 59.

(d) All exemptions and abatements of any single subject of taxation for which a taxpayer qualifies as eligible shall not be affected by this chapter. A taxpayer receiving an exemption for any single subject of taxation shall be exempt from any tax surcharge on any single subject of taxation established under this section. The tax surcharge to be paid by a taxpayer receiving an abatement of any single subject of taxation shall be reduced in proportion to the amount of such abatement.

(e) Any amount of the tax surcharge not paid by the due date shall bear interest at the rate per annum as authorized by the law for any single subject of taxation.

(f) Revenues raised through the tax surcharge shall be separately accounted for and used by the city or town for transportation projects.

Section 3. Municipal or state election on adoption of ballot initiative.

(a) Upon approval by the governing body, the actions of the governing body shall be submitted for acceptance to the voters of a city or town at the next regular municipal or state election. The city or town clerk or the state secretary shall place it on the ballot in the form of the following question: “Shall this (city or town) accept sections 2 to 5, inclusive of chapter 64N of the General Laws, as approved by its (governing body), a summary of which appears below

(Set forth here a fair, concise summary and purpose of the law to be acted upon, as determined by the city solicitor or town counsel, including in said summary the specific single subject of taxation to be levied and percentage of the surcharge to be imposed.)”

In the ballot question, the city or town may include a list of specific transportation projects for which the tax surcharge funds may be used, or a city or town may include a general description of the types of transportation projects for which the tax surcharge may be used. The city or town may also include a sunset provision in the ballot question, but in no event shall the authorization for the tax surcharge exceed 30 years.

If a majority of the voters voting on said question vote in the affirmative, then its provisions shall take effect in the city or town, or district as set forth under section 4, but not otherwise.

(b) The final date for notifying or filing a petition with the city or town clerk or the state secretary to place such a question on the ballot shall be 35 days before the city or town election or 60 days before the state election.

(c) If the governing body does not vote to accept the provisions of this chapter, at least 90 days before a regular city or town election or 120 days before a state election, then a question seeking said acceptance through approval of a particular surcharge amount and percentage may be so placed on the ballot when a petition signed by at least 5 per cent of the registered voters of the city or town requesting such action is filed with the registrars, who shall have seven days after receipt of such petition to certify its signatures. Upon certification of the signatures, the city or town clerk or the state secretary shall cause the question to be placed on the ballot at the next regular city or town election held more than 35 days after such certification or at the next regular state election held more than 60 days after such certification.

Section 4. Two or more municipalities.

(a) Two or more municipalities may, with the approval of the governing body of each city or town thereof, form a district for the purposes of implementing the provisions of this chapter.

(b) If a majority of the voters in the district, for the purposes set forth in the first paragraph of this section, vote on said question in the affirmative then the provisions of this chapter shall take effect in the district, but not otherwise.

(c) Two or more municipalities that choose to form a district for purposes of this chapter shall apply a tax surcharge to their preferred subject of taxation.  The amount and percentage of the tax surcharge may vary for each municipality that comprises the district.

(d) Two or more municipalities forming a district shall adopt a district agreement with approval of the applicable governing body prior to presentment to the voters of the two or more municipalities by a ballot question. The district agreement shall specify:

(1) the purpose and nature of the arrangement;

(2)  the single municipality to serve as the treasurer of the transportation fund or the regional planning agency to serve as fiscal agent of the transportation fund under section 7, and that said municipality or regional planning agency shall also serve as treasurer or fiscal agent for purposes of section 9;

(3) how the transportation fund will be used and for what purposes, and how the municipalities will decide on details of use, plan changes, or urgent circumstances;

(4) the work to be performed, and the division or sharing of responsibility among the municipalities;

(5) the estimated costs and the methods of financing of the transportation projects;

(6) the method of administration of the transportation fund and the transportation project(s) to be paid for through the fund;

(7) the composition of the district’s transportation committee, the length of its term, and the criteria and method of selecting its members;

(8) the duration of the proposed agreement: and

(9) the amount, type, and percentage of the tax surcharge for each municipality that comprises the district.

(f) Nothing in this section shall be construed to:

(1) amend, repeal or otherwise alter the authority or jurisdiction of, or establish, a municipality;

(2) confer any management authority over transportation projects beyond the authority exercised by participating municipalities in the district agreement set forth in this section and this chapter.

Section 5. Levy and collection of tax.

(a) Upon acceptance of this chapter, the satisfaction of the requirements of this chapter, and upon the assessors’ warrant to the tax collector, the accepted tax surcharge shall be imposed. The city, town, or district, shall notify the commissioner of revenue of the date and terms on which the voters accepted this chapter.

(b) For a tax surcharge levied on either property or excise tax, after receipt of the warrant, the tax collector shall collect the surcharge in the amount and according to the computation specified in the warrant and shall pay the amounts so collected, quarterly or semi-annually, according to the schedule for collection of the single subject of taxation, to the city’s or town’s treasurer, or the district’s treasurer. The tax collector shall cause appropriate books and accounts to be kept with respect to such tax surcharge, which shall be subject to public examination upon reasonable request from time to time.

(c) Two or more municipalities forming a district shall select one of the municipalities or the regional planning agency to serve as the district’s treasurer for purposes of this chapter. The district agreement shall establish the method of selecting the district treasurer. The municipality or regional planning agency selected to serve as district treasurer shall perform duties in accordance with section 5 of this chapter and chapter 41. Two or more municipalities forming a district shall also select that same municipality or regional planning agency to receive funds and provide certification for all municipalities within said district for purposes of section 9 and in accordance with section 4.

Section 6. Transportation Committee.

(a) A city or town that accepts this chapter, either on its own or as part of a district, shall establish by ordinance or by-law and, in the case of a district, the ordinance or by-law shall be established by all member municipalities, a transportation committee not more than 90 days following acceptance of this chapter. The committee shall consist of not less than five members. The ordinance or by-law shall determine the composition of the committee, the length of its term and the criteria and method of selecting its members by appointment only. The committee shall include, but not be limited to, one or more representatives from the municipality, one representative of the Massachusetts Department of Transportation as designated by its board, one member of the Massachusetts Bay Transportation Authority as designated by its board if the city or town or some or all of the district is within the service area of the Massachusetts Bay Transportation Authority, one member of each regional transit authority to which the city or town is a member community, if any, one member of the regional planning agency to which the city or town is a member community, and persons, as determined by the ordinance or by-law, acting in the capacity of or performing like duties of the department, board or authority if they have not been established in the city or town.

(b) Each transportation committee shall study the transportation-related needs, possibilities, and resources of the city, town, or district. The committee shall consult with existing transportation agencies, including the Massachusetts Department of Transportation and regional planning agencies, to develop transportation projects, and shall coordinate joint funding where appropriate in accordance with the ballot initiative. If a list of transportation projects for which the tax surcharge funds may be used was included in a ballot question, the committee shall include said projects in its study, however, the committee may recommend or not recommend said projects.

(c) Each transportation committee shall be subject to the requirements of section 19(a) of chapter 30A.  Each transportation committee shall keep a full and accurate account of all of its actions, including its recommendations and the action taken on them and records of all appropriations or expenditures made from the Local and Regional Transportation Fund.  The records and accounts of the committee shall be public records.

(d) Each city, town, or district, as applicable, shall receive the approval of the entity proposed to own and maintain the transportation project prior to listing any transportation project on the ballot as set forth in this chapter.  If a city, town or district, as applicable, includes no specific transportation projects in the ballot question, the transportation committee shall receive the approval of the Massachusetts Department of Transportation and the regional planning agency prior to submitting the local transportation committee’s recommendations to a city council or board of selectmen, unless the transportation-related project or activity is under local jurisdiction. The city, town, or district shall study projects that promote access to public transportation, biking, and walking.

(e) Not less than once every two fiscal years, each transportation committee shall make recommendations to the governing body of the applicable city or town or to the district regarding efficient and effective ways to improve and enhance local transportation systems in such city, town or district.  Recommendations to the governing body or district shall include anticipated costs over the life cycle of the transportation project.  The committee may include in its recommendation to the governing body or district a recommendation to set aside for later spending funds for specific purposes that are consistent with transportation-related purposes but for which sufficient revenues are not currently available in the Local and Regional Transportation Fund, as set forth in section 7, to accomplish that specific purpose, or to satisfy debt payments incurred from transportation-related projects, or to set aside for later spending funds for general purposes that are consistent with transportation improvements and in accordance with the ballot initiative.

(f) After receiving such recommendations from the transportation committee, the governing body or district shall take such action and approve such appropriations from the Local and Regional Transportation Fund as may be necessary and appropriate for the recommendations of the transportation committee, and such additional appropriations as it deems appropriate to carry out the recommendations of the transportation committee and in accordance with the ballot initiative.

Section 7. Local and Regional Transportation Fund.

(a) Notwithstanding the provisions of section 53 of chapter 44 or any other general or special law to the contrary, a city, town, or district that accepts the provisions of this chapter shall establish a separate account to be known as the Local and Regional Transportation Fund, of which the municipal treasurer or fiscal agent shall be the custodian.  The authority to approve expenditures from the fund shall be limited to the governing body or any city or town, or the designated municipality treasurer or regional planning agency of the district, as applicable, and the municipal treasurer or fiscal agent shall pay such expenditures in accordance with chapter 41.

(b) Two or more municipalities forming a district shall select one of the municipalities or regional planning agency to establish a separate account known as the Local and Regional Transportation Fund. The municipality or regional planning agency selected to establish said fund shall only use the funds for the district as a whole through the designated fiscal agent and based solely upon the recommendations and approvals of the transportation committee as set forth in this chapter.  Administration of the fund by the fiscal agent may, at the option of the governing body of any member city or town, be subject to the further approval of such governing body.

(c) The following monies shall be deposited in the Local and Regional Transportation Fund: (a) all funds collected from the tax surcharge on any single subject of taxation pursuant to section 3, except if the single subject of taxation is a tax collected at the state level which shall be deposited with the department of revenue in accordance with sections 8 and 9; and (b) all funds received from the commonwealth or any other source for such purposes. The treasurer or fiscal agent may deposit or invest the proceeds of the fund in savings banks, trust companies incorporated under the laws of the commonwealth, banking companies incorporated under the laws of the commonwealth which are members of the Federal Deposit Insurance Corporation or national banks, or may invest the proceeds in paid up shares and accounts of and in co-operative banks or in shares of savings and loan associations or in shares of federal savings and loan associations doing business in the commonwealth or in the manner authorized by section 54 of chapter 44, and any income therefrom shall be credited to the fund. The expenditure of revenues from the fund shall be limited to implementing the recommendations of the transportation committees, to providing administrative and operating expenses to the committees, and in accordance with the ballot initiative. The city or town, or the municipality treasurer or regional planning agency of the district as set forth in section 4, shall be prohibited from diverting revenues derived from the tax surcharge into any other fund created by law or ordinance.

(d) Only those cities and towns, or districts that adopt the tax surcharge allowed by this chapter shall be eligible to receive monies through the Local and Regional Transportation Fund.

Section 8. Massachusetts Local and Regional Transportation Trust Fund.

(a) There shall be established and set up on the books of the commonwealth a separate fund, to be known as the Massachusetts Local and Regional Transportation Trust Fund, for the benefit of cities, towns, or districts that have accepted the provisions of this chapter and have imposed a tax surcharge on a tax collected by the Commonwealth, subject to any exemptions adopted by a municipality or district. The fund shall consist of all revenues received by the Commonwealth: (1) from the tax surcharge on such tax pursuant to section 3; (2) from public and private sources as gifts, grants and donations to further local or regional transportation projects; and (3) all other monies credited to or transferred to from any other fund or source pursuant to law.

(b) The state treasurer shall deposit revenues received by any such tax surcharge into the fund in accordance with the provisions of section 9 in such manner as will secure the highest interest rate available consistent with the safety of the fund and with the requirement that all amounts on deposit be available for withdrawal without penalty for such withdrawal at any time. All interest accrued and earnings shall be deposited into the fund. The fund shall be administered in a manner to separately account for revenues raised by each city, town, or district, shall be held for the benefit of such city, town, or district, and expenditures from the fund shall be made solely for the administration and implementation of this chapter. Any unexpended balances shall be redeposited for future use by the city, town, or district consistent with the provisions of this chapter.

(c) The state treasurer shall make all disbursements and expenditures from the fund without further appropriation, as directed by the commissioner of revenue in accordance with section 9. The department of revenue shall report by source all amounts credited to said fund and all expenditures from said fund. The commissioner of revenue shall assign personnel of the department as it may need to administer and manage the fund disbursements and any expense incurred by the department shall be deemed an operating and administrative expense of the program. The operating and administrative expenses shall not exceed 5 per cent of the annual total revenue deposited into the fund.

Section 9. Distributions of monies in trust fund; diversion of funds.

(a)  All sums received by the commissioner under this chapter shall, at least quarterly, be distributed, credited and paid by the state treasurer upon certification of the commissioner to each city or town, or the municipality treasurer or regional planning agency of the district, and notified the commissioner of their acceptance.

(b) The state treasurer, upon certification of the commissioner, shall distribute the funds to the city or town, or the municipality treasurer or regional planning agency of the district based on the proportional amount the city, town, or district, has raised by imposing the surcharge. The total distribution of funds shall include all sources of revenue raised in the previous year as set forth in section 8(a), less no more than 5 per cent of the annual total revenue of the fund, as set forth by section 8(c). Any city, town or district seeking to dispute the commissioner's calculation of its distribution under this subsection shall notify the commissioner, in writing, not later than 1 year from the date the tax was distributed by the commissioner to the city, town or district.

(c) The commissioner shall be prohibited from diverting revenues derived from the tax surcharge into any other fund created by law.

(d) Notwithstanding any provisions to the contrary, the commissioner may make available to cities, towns and districts any information necessary for administration of the tax surcharge imposed by this chapter including, but not limited to, a report of the amount of the surcharge on tax collected in the aggregate by each city, town or district under this chapter in the preceding fiscal year, and the identification of each individual vendor collecting the surcharge on sales tax collected under this chapter.

Section 10. Amendments to amount and computation of surcharge; revocation of Sections 2 to 5.

(a) At any time after imposition of the tax surcharge, the governing body of each city or town may approve and the voters may accept an amendment to the amount and computation of the tax surcharge in the same manner and subject to the same requirements set forth in this chapter.

(b) At any time after imposition of the tax surcharge, a district under section 4, with the approval of the majority of voters in the district may accept an amendment to the amount and computation of the tax surcharge in the same manner and subject to the same requirements set forth in this chapter so that the surcharge becomes uniform in all municipalities of the district.

Section 11. Rules and regulations. The commissioner of revenue shall have the authority to promulgate rules and regulations to effect the purposes of this chapter."


Budget Amendment ID: FY2019-S4-1184

TRP 1184

Electrification Plan

Mr. Pacheco moved that the proposed new text be amended in section 40, by inserting, in line 3, after the word "lines" the following words:- "and the proposed South Coast Rail preferred Stoughton and Mansfield-Taunton routes"; and

in section 40, by inserting, in line 11, after the word "lines" the following words:- "and the proposed South Coast Rail preferred Stoughton and Mansfield-Taunton routes"


Budget Amendment ID: FY2019-S4-1184-R1

Redraft TRP 1184

Electrification Plan

Mr. Pacheco moved that the proposed new text be amended in section 40, by inserting, in line 3, after the word "lines" the following words:- "and the proposed South Coast Rail preferred Stoughton route and Mansfield-Taunton route, identified as alternative 15 in the South Coast Rail FEIS/FEIR issued in August of 2013"; and

in section 40, by inserting, in line 11, after the word "lines" the following words:- " and the proposed South Coast Rail preferred Stoughton route and Mansfield-Taunton route, identified as alternative 15 in the South Coast Rail FEIS/FEIR issued in August of 2013"


Budget Amendment ID: FY2019-S4-1184-R2

2nd Redraft TRP 1184

Electrification Plan

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

"SECTION __.  The secretary of transportation, in consultation with the control board established in section 200 of chapter 46 of the acts of 2015, shall prepare a plan for electrified rail service on the proposed South Coast Rail preferred Stoughton route and Mansfield-Taunton route, identified as alternative 15 in the South Coast Rail FEIS/FEIR issued in August of 2013. The plan shall include: (i) an analysis of procurement, by purchase, lease or other method, of electric locomotives, electric multiple unit equipment or a combination of both; (ii) an analysis of the design and construction of high level platforms at all proposed or existing stations; (iii) a detailed cost estimate, including costs associated with maintaining electric locomotives, electric multiple units or both; (iv) an analysis of the benefits of the full electrification of the proposed South Coast Rail preferred Stoughton route and Mansfield-Taunton route, identified as alternative 15 in the South Coast Rail FEIS/FEIR issued in August of 2013; and (v) a detailed project schedule, including all necessary procurement activities, leading to completion of design, construction and commencement of passenger operations not later than September 30, 2028. The plan shall be delivered to the clerks of the senate and house of representatives and the senate and house chairs of the joint committee on transportation and shall be made publicly available on the Massachusetts Department of Transportation’s website not later than March 1, 2019.”

 


Budget Amendment ID: FY2019-S4-1185-R1

Redraft TRP 1185

Toll Reciprocity

Mr. Boncore moved that the proposed new text be amended by inserting after section 56 the following new section:-

“SECTION 56A.  Not later than July 1, 2019, the secretary of transportation shall enter into memoranda of understanding related to the commonwealth’s electronic tolling system with all states bordering the commonwealth.  The secretary of administration and finance shall develop appropriate and proportional penalties with respect to any bordering state that has not signed a memorandum of understanding with the commonwealth by that date.”


Budget Amendment ID: FY2019-S4-1185

TRP 1185

Toll Reciprocity

Mr. Boncore moved that the proposed new text be amended by adding at the end thereof, the following new Section:- " Section XX.  On or before July 1, 2019, the secretary of transportation shall enter into reciprocity agreements related to the commonwealth’s electronic tolling system with all states bordering Massachusetts. Any bordering state that has not reached such agreement with the commonwealth by that date shall be subject to appropriate penalties as determined by the secretary of administration and finance, which may include, but not be limited to, penalties related to the state procurement process."


Budget Amendment ID: FY2019-S4-1186

TRP 1186

Western Massachusetts High-Speed Rail Feasibility Study

Mr. Lesser, Ms. Gobi, Messrs. Hinds, Welch, Humason, Boncore and Fattman moved that the proposed new text be amended in section 2, by inserting after section X the following section:-

"SECTION XX. 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 Boston and Pittsfield via Springfield.

The study shall examine and evaluate the costs and economic opportunities related to establishing high-speed rail service between the cities of Boston and Pittsfield, via Springfield, 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 Western Massachusetts, 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, 2018."


Budget Amendment ID: FY2019-S4-1187

TRP 1187

High Frequency Service

Messrs. Brownsberger and DiDomenico moved that the proposed new text be amended by inserting after section xx the following new section:-

"SECTION YY. The secretary of transportation, shall, as part of the Commuter Rail Vision Study, examine the feasibility of high frequency service during off peak hours within state highway route 128, on the Worcester Line.  The secretary shall establish a Commuter Rail Vision advisory committee.  The advisory committee shall include the chairs of the joint committee on transportation or their designees."


Budget Amendment ID: FY2019-S4-1188

TRP 1188

Palmer Station Study

Ms. Gobi and Mr. Lesser moved that the proposed new text be amended by adding the following section:

 

“SECTION X. The Department of Transportation shall revise the Massachusetts Rail Plan to include Palmer Station as part of the Tier 2 Western Massachusetts to Boston Passenger Rail Service Study.


Budget Amendment ID: FY2019-S4-1189

TRP 1189

MBTA - Pilot project for regenerative braking

Messrs. Tarr, O'Connor and Fattman moved that the proposed new text be amended in section 2, in item 1595-6369, by inserting the following:-“provided further that not less than $50,000 of said transfer shall be used to conduct a pilot project to develop a power management system to capture and reuse energy produced from regenerative braking with metro trains”.


Budget Amendment ID: FY2019-S4-1190

TRP 1190

Rural Transportation Solutions for Berkshire County

Mr. Hinds 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 $35,000 shall be expended for 1Berkshire for the implementation of innovative rural transportation solutions as identified in the Berkshire County Blueprint 2.0”; and in said item, by striking out the figures “$322,679,448” and inserting in place thereof the figures “$322,714,448”.


Budget Amendment ID: FY2019-S4-1190-R1

Redraft TRP 1190

Rural Transportation Solutions for Berkshire County

Mr. Hinds 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 $35,000 be expended to 1Berkshire in the city of Pittsfield for project management of innovative rural transportation solutions identified in the Berkshire County Blueprint 2.0”; and in said item, by striking out the figures “$322,679,448” and inserting in place thereof the figures “$322,714,448”.


Budget Amendment ID: FY2019-S4-1191

TRP 1191

Establishing a Berkshire Flyer 2.0 Transportation Subcommittee

Mr. Hinds moved that the proposed new text be amended by adding the following section:-

“SECTION XXXX.  There shall be a transportation subcommittee convened to the Berkshire Flyer working group, as established in Section 137 to Chapter 47 of the Acts of 2017, for purposes of further study to identify and evaluate the issues, benefits, and challenges to creating a seasonal rail service between New York City and Berkshire County.

The subcommittee's responsibilities shall include, but shall not be limited to:  identifying and evaluating the issues, costs, needs, and benefits of existing and non-existing transportation alternatives in Berkshire County for visitors that arrive from New York City at the Joseph Scelsi Intermodal Transportation Center in the city of Pittsfield; making recommendations to improve ground transportation alternatives for riders who arrive at the intermodal center in the city of Pittsfield, to ensure that Berkshire Flyer riders have reasonable access to transportation options to arrive at their next point of destination in the Berkshires; collaborating with representatives from the ride-sharing industry and other public and private transportation providers in Berkshire County to develop those transportation alternative recommendations; collecting and evaluating data on ridership from New York City to Pittsfield; developing a marketing strategy, in collaboration with individuals and businesses who are employed in the hospitality industry and transportation industry, to promote the seasonal rail service between New York City and the Berkshires; and identifying and developing private partnerships to potentially support a pilot season of passenger rail service in calendar year 2020. The first meeting of the subcommittee shall take place not later than September 1, 2018.

Members of the subcommittee shall include, but shall not be limited to: a designee of 1Berkshire, who shall serve as co-chair; a designee of the Berkshire Regional Planning Commission, who shall serve as co-chair; a designee of the Secretary of Housing and Economic Development; a designee of the Secretary of Department of Transportation from the Rail and Transit Division; a designee of the Berkshire Regional Transit Authority; not less than 3 designees from the hospitality industry in Berkshire County as appointed by the co-chairs; a designee from the Department of Community Development at the City of Pittsfield; an elected municipal official from southern Berkshire County as appointed by the co-chairs; an elected municipal official from the northern Berkshire County as appointed by the co-chairs; a designee of the President of the Berkshire County Board of Realtors; a designee of the State Senator for the Berkshire, Hampshire, Franklin and Hampden County District; and existing rail service stakeholders as deemed necessary by the co-chairs.

The subcommittee shall file a report of their findings and recommendations with the clerks of the house of representatives and the senate, the chairs of the house and senate committees on ways and means, the house and senate chairs of the joint committee on tourism, arts and cultural development, the house and senate chairs of the joint committee on transportation and the Department of Transportation, not later than March 1, 2019."


Budget Amendment ID: FY2019-S4-1193

TRP 1193

Working Group to Review Regulations on Culverts and Small Bridges

Messrs. Hinds and Humason, Ms. Gobi, Messrs. Eldridge and Welch moved that the proposed new text be amended by adding the following section:-

"SECTION XXXX. There shall be convened a working group, not later than October 1, 2018, to identify and evaluate the costs and benefits of existing environmental rules and regulations, engineering standards and permitting processes and their impact on the replacement of deteriorated or substandard culverts and small bridges that measure less than 20 feet wide in the Commonwealth.  The working group shall make recommendations to implement cost-effective policies and procedures for the replacement of culverts and small bridges in an expedited manner and to make improvements in storm resiliency and natural resource connectivity that studies the degrees of risk, ecological value, cost, and efficient permitting.

The working group shall comply with open meeting laws and shall include, but shall not be limited to, the following members: a designee of the Department of Transportation, who shall serve as co-chair; a designee of the Executive Office of Energy and Environmental Affairs, who shall serve as co-chair; a designee of the Division of Local Services; a designee of the Massachusetts Association of Highway Superintendents; a designee of the Massachusetts Emergency Management Agency; a designee of the Division of Ecological Restoration; a designee of the Office of Water Resources at the Department of Conservation and Recreation; a designee of the Department of Environmental Protection; a designee of the Massachusetts Rural Policy Advisory Commission; a designee of the Massachusetts Municipal Association; a designee of the Massachusetts Association of Conservation Commissions; a designee of an environmental consulting firm that assists municipalities in obtaining environmental permits for culvert and small bridge replacements; a designee of the American Council of Engineering Companies of Massachusetts with experience in the design of culverts and small bridges; a designee of Mass Audubon; a designee of the Massachusetts Taxpayers Foundation.

The working group shall submit its findings to the Department of Transportation, the Executive Office of Energy and Environmental Affairs, the Massachusetts Rural Policy Advisory Commission, the clerks of the senate and the house of representatives, the chairs of the senate and house committees on ways and means, the chairs of the senate and house joint committee on the environment and natural resources, and the chairs of the senate and house joint committee on transportation, not later than March 1, 2019.”


Budget Amendment ID: FY2019-S4-1193-R1

Redraft TRP 1193

Working Group to Review Regulations on Culverts and Small Bridges

Messrs. Hinds and Humason, Ms. Gobi, Messrs. Eldridge, Welch and DiDomenico moved that the proposed new text be amended by inserting after section 56 the following section:-

"SECTION 56A. The Massachusetts Department of Transportation, in conjunction with the executive office of energy and environmental affairs, shall convene a working group to identify and evaluate the costs and benefits of existing environmental rules and regulations, engineering standards and permitting processes and their impact on the replacement or repair of deteriorated or substandard culverts and small bridges that measure less than 20 feet wide. The working group shall make recommendations to implement cost-effective policies and procedures for the replacement or repair of such culverts and small bridges in an expedited manner and to make improvements in storm resiliency and natural resource connectivity that studies the degrees of risk, ecological value, cost and efficient permitting.

The working group shall include, but shall not be limited to: the secretary of transportation or a designee who shall serve as co-chair; the secretary of energy and environmental affairs or a designee who shall serve as co-chair; the commissioner of revenue or a designee; the secretary of public safety and security or a designee; a designee of the rural policy advisory commission; a designee of the Massachusetts Highway Association; a designee of the Massachusetts Municipal Association; a designee of the Massachusetts Association of Conservation Commissions; a designee of an environmental consulting firm that assists municipalities in obtaining environmental permits for culvert and small bridge replacements; a designee of the American Council of Engineering Companies of Massachusetts with experience in the design of culverts and small bridges; a designee of the Massachusetts Audubon Society; a designee of the Massachusetts Taxpayers Foundation; provided, the secretary of energy and environmental affairs or the designee shall consult with their departments and agencies on regulations relating to culverts and small bridges as the working group develops new rules and regulations. The working group shall hold its first meeting not later than October 1, 2018.

The working group shall submit its findings to the clerks of the senate and the house of representatives, the chairs of the senate and house committees on ways and means, the chairs of the joint committee on the environment and natural resources and the chairs of the joint committee on transportation not later than March 1, 2019.”


Budget Amendment ID: FY2019-S4-1194

TRP 1194

Supporting the Berkshire Flyer 2.0 Transportation Subcommittee

Mr. Hinds 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 $100,000 shall be expended to the Berkshire Regional Planning Commission for the formation and operation of a transportation subcommittee to the Berkshire Flyer working group, as established in Section 137 to Chapter 47 of the Acts of 2017”; and in said item, by striking out the figures “$322,679,448” and inserting in place thereof the figures “$322,779,448”.


Budget Amendment ID: FY2019-S4-1196

TRP 1196

Camp Harbor View

Mr. Collins moved that the proposed new text be amended in section 2, in item 1595-6368, by adding the following: “provided further, that not less than $50,000 shall be expended for transportation services of children and staff to Camp Harbor View on Long Island in Boston Harbor”; and in said item by striking the figures "$322,679,448" and inserting in place thereof the figures "$322,729,448"