AN ACT PROVIDING FOR AN ACCELERATED TRANSPORTATION DEVELOPMENT AND IMPROVEMENT PROGRAM FOR THE COMMONWEALTH.
Whereas , The deferred operation of this act would tend to defeat its purpose, which is immediately to provide for an accelerated transportation development and improvement program for the commonwealth, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. To provide for a program of transportation development and improvements, the sums set forth in sections 2, 2A, 2B and 2C for the several purposes and subject to the conditions specified in this act, are hereby made available, subject to the provisions of law regulating the disbursement of public funds and approval thereof.
SECTION 2.
- 6033-9716
-
For federal aid projects pursuant to the provisions of sections 52 and 53
and for nonparticipating portions of such
projects; provided, however that funds authorized in this item may not be used
for contracts associated with the Central Artery/Ted Williams Tunnel
Project; provided further, that notwithstanding the provisions of any general
or special law to the contrary or any other provision of this act, the
department shall not enter into any obligations for projects which are eligible
to receive federal funds pursuant to the authority granted under this
act unless state matching funds exist which have been specifically authorized
and are sufficient to fund the corresponding state portion of the
federal commitment to fund such obligation; provided further, that the
department shall only enter into obligations for such projects pursuant to the
authority granted in this act based upon a prior or anticipated future
commitment of federal funds and the availability of corresponding state
funding authorized and appropriated for such use by the general court for the
class and category of project for which such obligation applies;
provided, further, that sums provided herein may be expended for the costs of
such projects including, but not limited to, the costs of engineering
and other services essential to such projects rendered by department employees
or by consultants; provided further, that amounts expended for
department employees may include the salary and salary-related expenses of such
employees to the extent that they work on or in support of such
projects; and, provided further, that no more than $1,300,000
shall be expended for the reconstruction and relocation
of an 84" diameter pipe located on state highway route 146
- ..................................$504,700,000
- 6035-9716
-
For federal aid projects pursuant to the provisions of sections 52 and 53
and for nonparticipating portions of such
projects; provided, that funds authorized in this item may only be used for
contracts associated with the Central Artery/Ted Williams Tunnel Project;
provided further, that, notwithstanding the provisions of any general or
special law to the contrary or any other provision of this act, the
department shall not enter into any obligations for projects which are eligible
to receive federal funds pursuant to the authority granted under this
act unless state matching funds exist which have been specifically authorized
and are sufficient to fund the corresponding state portion of the
federal commitment to fund such obligation; provided further, that the
department shall only enter into obligations for such projects pursuant to the
authority granted in this act based upon a prior or anticipated future
commitment of federal funds and the availability of corresponding state
funding authorized and appropriated for such use by the general court for the class and category of project for which such obligation applies;
provided further, that sums provided herein may be expended for the costs of such projects including, but not limited to, the costs of engineering
and other services essential to such projects rendered by department employees or by consultants; and, provided further, that amounts expended for
department employees may include the salary and salary related expenses of such employees to the extent that they work on or in support of such
projects
- ..................................$1,040,300,000
SECTION 2A.
- 6033-9797
-
For the purpose of paying any interest due on notes of the commonwealth
authorized by section 9; provided, that funds from this
item shall not be used for contracting authority
- ..................................$100,000,000
- 6036-9716
-
For federal aid projects pursuant to the provisions of sections 52 and 53
and for nonparticipating portions of such
projects; provided, that funds authorized in this item may only be
used for contracts associated with the Central Artery/Ted Williams Tunnel
Project; provided further, that notwithstanding the provisions of any general
or special law to the contrary or any other provision of this act, the
department shall not enter into any obligations for projects which are eligible
to receive federal funds pursuant to the authority granted under this
act unless state matching funds exist which have been specifically authorized
and are sufficient to fund the corresponding state portion of the
federal commitment to fund such obligation; provided further, that the
department shall only enter into obligations for such projects pursuant to the
authority granted in this act based upon a prior or anticipated future
commitment of federal funds and the availability of corresponding state
funding authorized and appropriated for such use by the general court for the
class and category of project for which such obligation applies;
provided further, that sums provided herein may be expended for the costs of
such projects including, but not limited to, the costs of engineering
and other services essential to such projects rendered by department employees
or by consultants; and, provided further, amounts expended for
department employees may include the salary and salary-related expenses of such employees to the extent that they work on or in support of such
projects
- ..................................$1,158,750,000
SECTION 2B.
- 6033-9702
-
For the engineering, design and construction of on and off-street bicycle and
pedestrian routes and paved pathways, to provide secure
bicycle locking facilities and to promote bicycle and pedestrian commuting
pursuant to section 52; provided, however, that $200,000
shall be expended for a bicycle and pedestrian trail
in the town of Wareham; provided further, that not more than $100,000
shall be expended for a bicycle pathway-tunnel under
the Mystic Wellington bridge at state highway route 28 in the city
of Somerville; provided further, that not less than $266,000
shall be expended for the completion of the Tri-Community
Bike Path in the towns of Winchester and Stoneham and the city of Woburn; and,
provided further, that not less than $250,000
shall be expended for the design and construction of the first segment of the
Blackstone river bikeway from the Rhode Island border along the
SNET trail through the town of Blackstone and Millville to River road in the
town of Uxbridge
- ..................................$7,000,000
- 6033-9703
-
For the design and construction of roads, roadways and other
transportation-related projects deemed necessary for economic development by
the secretary of transportation and construction upon the petition of the
appropriate local executive government body and pursuant to section 52;
provided, that funds authorized in this item shall be expended in
accordance with the provisions of chapter 19 of the acts of
1983; provided further, that all projects funded through this item and
clause (f) of section 3 of chapter 15
of the acts of 1988 and item 6033-9501 of section 2A of chapter 273 of the
acts of
1994 and item 9033-9603 of section 2A of chapter 205
of the acts of 1996
shall be in accordance with 701 CMR 5.00 through 701 CMR 5.10; and, provided
further, that the secretary of transportation and
construction shall notify all cities and towns of the availability of funds
through this program and shall inform said municipalities of the
application process prior to the expenditure of any funds from this item
- ..................................$17,000,000
- 6033-9709
-
For the design and construction of the Springfield union intermodal station
project, so-called, in the city of Springfield; provided,
that no funds shall be expended from this item unless a federal
commitment to this project of at least $40,000,000 is obtained in
the reauthorization to the Intermodal Surface Transportation Efficiency Act of
1991, PL 102-240, or subsequent federal act
- ..................................$10,000,000
- 6033-9717
-
For the construction of, repair of or improvement to non-federally aided
roadway projects and for the nonparticipating portion of federally
aided projects pursuant to section 52; provided, that funds
authorized in this item may not be used for contracts associated with the
Central Artery/Ted Williams Tunnel Project; provided further, that not less
than $250,000 shall be expended for the
construction of sidewalks on Lincoln street in the town of Abington; provided
further, that $2,000,000 shall be expended for the completion
of the Middle road/Peckham road widening and reconstruction project in the town
of Acushnet; provided further, that $1,500,000
shall be expended for the reconstruction and improvements to state highway
route 150 extending to the downtown area in the town of
Amesbury; provided further, that $3,000,000 shall be expended for improvements
to Summer street, otherwise known as state highway route 2A
in the town of Arlington; provided further, that $1,200,000
shall be expended for the engineering and
reconstruction of the High street bridge in the town of Ashland; provided
further, that $150,000 shall be expended for
the paving and repair of Hardscrabble road and Harrison avenue in the town of
Auburn; provided further, that not more than $3,000,000 shall
be expended for the purposes of constructing the Hyannis Intermodal
Transportation Center, so-called, in the town of Barnstable; provided further,
that said $3,000,000 shall not be expended unless such funds are
required to meet any gap in funding for the project that may result if
additional federal funding, in excess of the $3,250,000
already allocated for the project, is not be received;
provided further, that the department of highways shall enter into contracts
with the town of Barnstable and the Cape Cod Regional Transportation
Authority for the purpose of constructing said Hyannis Intermodal
Transportation Center; provided further, that $5,000,000 shall be
expended for the construction of a connector road from Brimbal avenue extending
over state highway route 128 and connecting with Dunham road,
and for improvements to the intersection of said Brimbal avenue and said
route 128 in the city of Beverly; provided further, that $4,000,000
shall be expended for the purpose of a study and design of the
Longfellow bridge, including, but not limited to, the costs associated with its
remedial rehabilitation; provided further, that notwithstanding the provisions
of any general or special law or the provision of this item to the
contrary, $2,000,000 shall be expended for the design and construction of a
truck bypass road in the East Boston section of the city of
Boston; provided further, that $150,000 shall be
expended for the reconstruction of and improvements to, Cambridge,
Washington and Tremont streets in the Brighton section of the city of Boston;
provided further, that $75,000 shall be expended
for the reconstruction and improvements to the intersection of Centre street
and the West Roxbury parkway; provided, further that $500,000
be expended for the Commonwealth avenue construction project in the Allston
section of the city of Boston; provided further, that
not more than $150,000 shall be expended for the engineering, design and
construction of a parking lot at Pond Meadow park
in the towns of Braintree and Weymouth; provided further, that $1,100,000
shall be expended for the engineering,
design and construction of improvements and repairs to Union street in the town
of Braintree; provided further, that $350,000
shall be expended for the design and construction of a pedestrian walkway from
Granite street to Forbes road in the town of Braintree;
provided further, that $400,000 shall be expended for the purpose of
reimbursing the town of Burlington for the cost of
emergency repairs and cleanup that resulted from the rupture of the main sewer
line of Wayside road, adjacent to state highway route 3 in the
town of Burlington; provided further, that $70,000 shall be expended for
traffic signalization at the intersection of state highway
route 58 and West street in the town of Carver; provided further, that
$275,000
shall be expended for improvements to
Smith road in the town of Chesterfield; provided further, that $4,000,000
shall be expended for the reconstruction of that portion of state
highway route 141 and Grattan street extending from interstate highway
route 391 to Montgomery street in the city of Chicopee; provided
further, that $300,000 shall be expended on the reconstruction and improvements
to state highway route 6 at the
intersections of said route 6 and Hathaway avenue, Brandt avenue, and Wilbur
avenue, in the town of Dartmouth; provided further, that $385,000
shall be expended for reconstruction and improvement of Dedham street in the
town of Dover; provided further,
that $2,000,000 shall be expended for the construction of traffic safety
improvements to portions of Lakeview avenue, Nashua road and
Hildreth street, in the town of Dracut; provided further, that $200,000
shall be expended for improved access to certain
subsidized elderly housing in the town of East Longmeadow; provided further,
that the highway department, in conjunction with the Cape Cod Commission
and the towns of Eastham, Orleans, Wellfleet, Truro and Provincetown, shall
expend not more than $100,000 for the purposes of
studying safety improvements and make recommendations on the state highway
route 6 corridor; provided further, that $95,000
shall be expended for the purpose of constructing a sidewalk in the town of
Easton to be located on Allen road adjacent to Borderland state park;
provided further, that $75,000 shall be expended for the costs related to the
design and study of new intersections for
Washington street, Turnpike street, and Purchase street in the town of Easton;
provided further, that not more than $160,000
shall be expended for the Downtown Lighting and Sidewalk Project in the town of
Erving; provided further, that $2,000,000 shall be
expended for the rebuilding of Goulart Memorial drive and Causeway road from
Sconticut Neck road to Alder street on West Island in the town of
Fairhaven; provided further, that $50,000 shall be expended for traffic
signalization at the Belisle school area in the city of Fall
River; provided further, that $50,000 shall be expended for traffic
signalization at the Saint Ann's School area in the city of
Fall River; provided further, that a study shall be conducted of the storm
water runoff system on state highway route 28A in the town of
Falmouth to determine its impact on area wetlands and water bodies; provided
further, that $4,000,000 shall be expended for the design and
engineering of the intersection of state highway routes 126 and 135 in the
town of Framingham; provided further, that $500,000
shall be expended for the engineering of state highway route 140 in the town
of Franklin; provided further, that $500,000
shall be expended for the reconstruction and improvements to Betty Spring road
and Green street in Gardner between state highway routes 140 and 101
and to Elm street in said city of Gardner between route 101 and Pearson
boulevard;
provided, further, that $1,200,000
shall be expended for the reconstruction of state highway route 133 from
Chestnut street to Carlton drive and state highway route 97
from the Groveland line to Moulton street in the town of Georgetown; provided
further, that not less than $100,000 shall be
expended for the purpose of equipping the traffic signals at the intersection
of Eastern avenue and state highway route 128 in the city of Gloucester with
sensory devices so as to coordinate the operation of said signals with the
passage of emergency vehicles through said intersection and for the
similar equipping of emergency vehicles in said city of Gloucester and the
town of Rockport; provided further, that not less than $25,000
shall be expended for the repair and construction of Western avenue in the city
of Gloucester from the Blyman bridge to Bond street;
provided further, that $200,000 shall be expended for the repair and repaving
of J.B. Little road in the town of Groveland;
provided further, that $100,000 shall be expended for the assistance on
improvements to roads known as Glendale and Mill in the
town of Hampden; provided further, that $500,000 shall be expended for the
reconstruction and improvements to Center street,
extending from state highway route 139 to state highway route 37, in the town
of Holbrook; provided further, that $500,000
shall be expended for the rebuilding of the intersection of state highway
routes 126 and 16 in the town of Holliston; provided further,
that $100,000 shall be expended for intersection traffic studies in the town of
Hopkinton; provided further, that $1,500,000
shall be expended for the widening of Marion drive, Eeka lane and Raboth road,
in the town of Kingston; provided
further, that $10,000 shall be expended for the purpose of a study to be
conducted by an independent arbiter agreed upon by both
parties, to resolve the disputes between Lakeville and the Massachusetts
department of highways over the mitigation plans for the state highway
route 79
relocation project in the town of Lakeville; provided further, that $1,000,000
shall be expended for the improvements to the Slack
Brook Project on Exchange street in the city of Leominster; provided further,
that $100,000 shall be expended for the purpose of
land takings associated with the Shawinigian drive project; provided further,
that $2,000,000 shall be expended for site and access
improvements to Sportsmen's road in the town of Ludlow; provided further, that
$250,000 shall be expended for signalization
and safety improvements at the intersections of Boston street in the city of
Lynn and Hamilton street in the town of Saugus; provided further, that
$100,000 shall be expended for sidewalk construction on
Chestnut street and Lowell street in the town of Lynnfield; provided
further, that $250,000 shall be expended for the installation of appropriate
traffic and pedestrian safety signals at
the intersections of state highway route 60 and Cross/Lisbon street, the site
of the new Roosevelt School in the city of Malden; provided
further, that $50,000 shall be expended for signalization reconfiguration of
the
entrance to Abbot Public Library in the town Marblehead;
provided further, that $375,000 shall be expended for the design and
reconstruction
of the Village street bridge in
the town of Marblehead; provided further, that $200,000 shall be expended for
signalization reconfiguration of Tent's Corner in the
town of Marblehead; provided further, that $1,700,000
shall be expended for improvements to state highway route 126
in the town of Medway; provided further, that $200,000 shall be expended for
the reconstruction and paving of the access and
egress roadways to the new transfer station and recycling headquarters in the
town of Middleton; provided further, that $30,000 shall
be expended for traffic signalization at the intersection of state highway
route 28 and Reed street in the town of Milton as part of the state
highway route 28 project, so-called; provided further, that $150,000
shall be expended for emergency coastal erosion
repairs to Marginal road and Nahant road at East Point in the town of Nahant;
provided further, that in addition to the authorization contained in
section 2A of chapter 205 of the acts of 1996,
$200,000 shall be expended for
the reconstruction and traffic signaling of the intersection of Hunnewell
street and Wellesley avenue at the Needham/Wellesley line; provided
further, that $425,000 shall be expended for the milling, rehabilitation, and
paving of Park street between state
highway routes 28 and 62 and said route 28 and Concord street and for the
geometric improvements and signalization of the intersection of
Southwick road, Park street and Concord street in the town of North Reading;
provided further, that $150,000 shall be
expended for additional engineering costs related to the construction of a
sidewalk on Freeman street in the town of Norton; provided further, that
$100,000 shall be expended for traffic studies of state highway route 114 and
surrounding streets and areas and
intersections in the city of Peabody; provided further, that $225,000
shall be expended for repairs to Learning lane
in the town of Pembroke; provided further, that not less than $750,000
shall be provided for the design and construction
of the Park Square Historic District gateway project in the city of Pittsfield;
provided further, that $400,000 shall be
expended for the purpose of directing the department of highways to conduct a
study in order to determine what improvements to state highway route 24 may be
necessary for it to be reclassified as an interstate highway; provided further,
that $4,000,000 shall be expended for
improvements to state highway route 62 and the Middlesex turnpike, so-called,
to provide for additional capacity; provided further, that $300,000
shall be expended for the construction of sidewalks to be included in the scope
of the current state highway route 28
project, so-called, in the town of Randolph extending from Woodlawn street
southerly to the Avon town line; provided further, that $480,000
shall be expended for the reconstruction and paving of Summer avenue between
state highway route 28 and Prescott street
in the town of Reading; provided further, that $200,000 shall
be expended for improvements to and the resurfacing of a portion of
Winthrop avenue from Bennington street to Winthrop parkway in the city of
Revere; provided further, that $4,500,000
shall be expended for the construction of traffic safety improvements to
portions of Veterans of Foreign Wars drive, Hingham street and Weymouth
street, all located in the town of Rockland; provided further, that $250,000
shall be expended for signalization and
safety improvements at the intersection of state highway routes 1 and 133 in
the town of Rowley; provided further, that $500,000
shall be expended for the construction of a vehicular overpass from the north
side to the south side of state highway route 9
in the town of Southborough; provided further, that $200,000
shall be expended for road repairs to state highway route 5 and
Magawiska road at Forest Park in the city of Springfield; provided further,
that not more than $1,200,000 shall be
expended for the design and construction of a pedestrian walkway along East
Hartford avenue at Rice City pond in the town of Uxbridge; provided
further, that $300,000 shall be expended for the reconstruction and
improvements to Montrose avenue in the town of Wakefield;
provided further, that the department of highways is hereby directed to install
a traffic light at the intersection of Winter and Main streets in the
town of Walpole; provided further, that not more than $500,000
shall be expended for the engineering and reconstruction of
Wendell road in the town of Warwick; provided further, that not less than
$200,000 shall be expended for traffic improvements on
state highway route 12 westbound and state highway route 16 in the town of
Webster; provided further, that funding shall be provided for
the Great River bridge project in the city of Westfield; provided further, that
not less than $1,000,000 shall be expended for the design,
land acquisition and construction of traffic safety improvements to portions of
Boston road at Littleton road, Carlisle road, and at the on and off
ramps of state highway route 495 in the town of Westford; provided further,
that $300,000 shall be expended for the
reconstruction and improvements to a portion of Shirley street from Veterans
road to Washington avenue in the town of Winthrop; provided further,
that $1,500,000 shall be expended for necessary improvements, including the
construction of a park and ride facility,
for the downtown revitalization in the town of Woburn; provided further, that
the costs of professional personnel directly and exclusively involved
in the construction, planning, engineering and design of the projects funded
herein may be charged to this item; provided further, that such costs
shall not be classified as administrative costs; and provided further, that an
amount not to exceed 2 per cent of the amount authorized herein may
be expended for the administrative costs directly attributable to the programs
funded herein
- ..................................$550,000,000
- 6033-9769
-
For the design, reconstruction and improvement, including the testing, removal
and encapsulation of lead-based paint, to highway bridges and
other bridges, including the Floating bridge located on state highway
route 107 in the city of Lynn, pursuant to section 52; provided,
that funds authorized in this item may not be used for contracts
associated with the Central Artery/Ted Williams Tunnel Project; provided
further, that the costs of professional personnel directly and exclusively
involved in the construction, planning, engineering and design of the
projects funded herein may be charged to this item; provided further, that such
costs shall not be classified as administrative costs; and, provided
further, that an amount not to exceed 2 per cent of the amount authorized
herein may be expended for the administrative costs directly attributable
to the programs funded herein
- ..................................$200,000,000
- 6033-9798
-
For construction and reconstruction of town and county ways pursuant to
section 63
- ..................................$150,000,000
- 6033-9799
-
For the construction of improvements to that portion of interstate highway
route 91 between exit 3 and State street in the city of
Springfield, as directed by sections 78 and 81 of chapter 205
of the acts of 1996;
provided, however, that such construction and improvements shall include such
alterations and ramps which may be necessary for the safety and
efficiency of the interstate highway system at the juncture of interstate
highway routes 291 and 91; provided further, that such construction
and improvements shall conform to the safety study for this corridor and shall
include any improvements to the local street system which are
necessary for the construction of such improvements; provided further, that
$1,200,000 shall be expended for the repair
and renovation of the Massachusetts state building, so-called, at the eastern
states exposition in the town of West Springfield; and, provided
further, that no funds from this item shall be expended on said state building
until an application for a grant pursuant to item 6033-9703
is submitted to and reviewed by the secretary of the executive office
of transportation and construction
- ..................................$13,200,000
- 6034-9701
-
For improvements to Union station in the city of Worcester, including the
reconstruction of the Washington square rotary and associated
structures with Union station and necessary mitigation costs and for the
redesign of the Shrewsbury street underpass, so-called, at interstate
highway route 290
- ..................................$10,000,000
- 6035-9717
-
For the construction of, repair of or improvement to nonfederally aided
roadway projects and for the nonparticipating portion of federally
aided projects pursuant to section 52; provided, that funds
authorized in this item may only be used for contracts associated with
the Central Artery/Ted Williams Tunnel Project; provided further, that the
department shall expend a sum of not less than $2,400,000
for the central artery job training program, so-called, and that said
expenditure shall not be diverted from current job training
program operations without 60 days prior notice being given to the house and
senate committees on ways and means; provided further, that the costs
of professional personnel directly and exclusively involved in the
construction, planning, engineering and design of the projects funded herein
may
be charged to this item; provided further, that such costs shall not be
classified as administrative costs; and, provided further, that an amount not
to exceed 2 per cent of the amount authorized herein may be expended for the
administrative costs directly attributable to the programs funded
herein
- ..................................$100,000,000
SECTION 2C.
- 8100-9761
-
For the acquisition costs of three light twin helicopters
- ..................................$8,400,000
SECTION 3. To meet a portion of the expenditures necessary in carrying out the provisions of section 2, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, the sum of $345,000,000 to be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1997, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2022. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund.
Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations, the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O of said chapter 29.
All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan, Act of 1997, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2022. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2 O of said chapter 29. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section 2 O of said chapter 29.
SECTION 4. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by section 2 and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of the notes, whether original or renewal, shall not be later than June 30, 2004. Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that the state treasurer may determine to issue any notes as special obligations pursuant to section 2 O of chapter 29 of the General Laws if the notes or renewals thereof are to be paid from the proceeds of special obligation bonds to be issued pursuant to said section 2 O.
SECTION 5. To meet a portion of the expenditures necessary in carrying out the provisions of section 2A, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, the sum of $358,750,000 to be in addition to those bonds previously authorized for projects and programs which remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1997, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2027. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, further that any bonds issued by the state treasurer pursuant to this paragraph shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws; provided further, that in deciding whether to request the issuance of particular bonds as special obligations, the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O of said chapter 29. All special obligation bonds issued pursuant to this paragraph shall be designated on their face, Special Obligation Revenue Highway Improvement Loan, Act of 1997, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2027. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2 O of said chapter 29. Special obligation bonds issued pursuant to this paragraph shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section 2 O.
If notes are issued pursuant to sections 9 and 10 and the grants in anticipation of which such notes are issued are unavailable to repay such notes and the interest thereon, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, the sum of $900,000,000. All bonds issued pursuant to the provisions of this paragraph shall be designated on their face, Federal Grant Anticipation Loan, Act of 1997, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2027. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this paragraph shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this paragraph shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws; provided, however, that in deciding whether to request the issuance of particular bonds as special obligations, the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O of said chapter 29. All special obligation bonds issued pursuant to this paragraph shall be designated on their face, Special Obligation Revenue Federal Grant Anticipation Loan, Act of 1997, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2027. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2 O of said chapter 29. Special obligation bonds issued pursuant to this paragraph shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section 2 O.
SECTION 6. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by section 2A and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of the notes, whether original or renewal, shall not be later than June 30, 2004. Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that the state treasurer may determine to issue any notes as special obligations pursuant to section 2 O of chapter 29 of the General Laws if the notes or renewals thereof are to be paid from the proceeds of special obligation bonds to be issued pursuant to said section 2 O.
SECTION 7. To meet a portion of the expenditures necessary in carrying out the provisions of section 2B, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, the sum of $1,057,200,000 to be in addition to those bonds previously authorized for projects and programs which remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan, Act of 1997, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2022. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws; provided, further, that in deciding whether to request the issuance of particular bonds as special obligations, the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O.
All special obligation bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan, Act of 1997, and shall be issued for a maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2022. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund, established in said section 2 O of said chapter 29. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section 2 O.
SECTION 8. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by section 2B and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of the notes, whether original or renewal, shall not be later than June 30, 2004. Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that the state treasurer may determine to issue any notes as special obligations pursuant to section 2 O of chapter 29 of the General Laws if the notes or renewals thereof are to be paid from the proceeds of special obligation bonds to be issued pursuant to said section 2 O.
SECTION 9. The state treasurer may borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purpose of meeting payments authorized by section 2A of this act and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates, including rates variable from time to time according to an index, banker's loan rate or otherwise, as the state treasurer shall fix or determine; provided, however that such notes shall not exceed, in the aggregate, the sum of $1,000,000,000; provided further, that not more than $450,000,000 of such notes may be issued prior to the enactment of federal legislation as a successor to or reauthorization of the Intermodal Surface Transportation Efficiency Act of 1991, PL 102-240. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding five years, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of the notes, whether original or renewal, shall not be later than June 30, 2007.
Except as otherwise provided in this paragraph, notes and the interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that the state treasurer may determine to issue any notes as special obligations pursuant to section 2 O of chapter 29 of the General Laws if the notes or renewals thereof are to be paid from the proceeds of special obligation bonds to be issued pursuant to said section 2 O of said chapter 29. In addition, if any funds are to be pledged or assigned under a trust agreement described in section 10 to secure payment of any notes issued under the authority of this section, such notes and the interest thereon shall nevertheless be general obligations of the commonwealth; provided, however, that, at the request of the governor, the state treasurer shall issue such notes as special obligations payable solely from the funds pledged or assigned under any such trust agreement. Notwithstanding any provisions of this act to the contrary, in no event shall the principal amount of notes issued under the authority of this section as general obligations of the commonwealth exceed $900,000,000; provided further, that notes issued in excess of $900,000,000 but not to exceed $1,000,000,000 shall not be backed by a general revenue of the commonwealth nor shall special obligation bonds which pledge a revenue which otherwise would be considered a general revenue of the commonwealth be permitted; provided, further, that any such notes issued as general obligations may be renewed one or more times as general obligations of the commonwealth as provided in the first paragraph. All payments on account of principal on the notes allocable to the Highway Capital Projects Fund shall be repaid from said fund; provided, however, that to the extent federal financial participation allocable to the notes authorized herein is received, the state comptroller is hereby authorized and directed to perform adjusting accounting entries from the Federal Highway Construction Program Fund to the Highway Capital Projects Fund in the appropriate amounts.
SECTION 10. Notwithstanding any general or special law to the contrary, in connection with the issuance of any notes authorized pursuant to section 9, the state treasurer may, at the request of the governor, enter into a trust agreement, with the concurrence of the secretary for administration and finance and the secretary of transportation and construction, which trust agreement may pledge or assign all or any part of any federal reimbursements or other federal assistance or any other funds from any source received or expected to be received with respect to the projects to be financed by the issuance of such notes, and rights to receive the same, whether existing or coming into existence and whether held or thereafter acquired, and the proceeds thereof. The state treasurer is hereby authorized, with the concurrence of the secretary for administration and finance and the secretary of transportation and construction, to purchase or enter into agreements for additional security, insurance or other forms of credit enhancement, which may be secured on a parity with the notes or on a subordinate basis. The provisions of section 2 O of chapter 29 of the General Laws relating to a trust agreement or credit enhancement agreement shall also be applicable to the trust agreement and credit enhancement agreement authorized herein and to the issuance of notes hereunder insofar as such provisions may be appropriate therefor. In deciding whether to request that the state treasurer enter into a trust agreement with respect to any particular notes and, if applicable, to issue such notes as special obligations payable solely from the funds pledged or assigned under such trust agreement, the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of such issuance on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds and notes of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the notes proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to this section.
SECTION 11. Notes issued pursuant to section 9 shall not be included in the computation of outstanding direct bonds for purposes of the limit imposed by the second paragraph of section 60A of chapter 29 of the General Laws, nor included in the computation of general obligation debt for purposes of the limit imposed by section 60B of said chapter 29. Further, the issuance of any notes pursuant to said section 9 shall not be subject to the provisions of section 53 of said chapter 29.
SECTION 12. Bonds issued as special obligation bonds pursuant to the provisions of this act shall not be included in the computation of outstanding bonds for purposes of the limit imposed by the second paragraph of section 60A of chapter 29 of the General Laws nor shall debt service with respect to such bonds be included in any computation of the limit imposed by section 60B of said chapter 29.
SECTION 13. The last paragraph of section 2 O of chapter 29 of the General Laws shall not apply to any notes authorized by section 9.
SECTION 14. To meet the expenditures necessary in carrying out the provisions of section 2C, the state treasurer shall, upon the request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, the sum of $8,400,000. All bonds, issued by the commonwealth as aforesaid shall be designated on their face, Public Safety Program Loan, Act of 1997, and shall be issued for such maximum term of years, not exceeding ten years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2012. All interest and payments on account of principal on such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.
SECTION 15. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized in section 2C and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth, but the final maturities of such notes, whether original or renewal, shall not be later than June 30, 2004. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.
SECTION 16. Section 39A of chapter 7 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after the word "tunnel", in line 34, the following words:- or other structure or building integral to the operation of the Central Artery/Ted Williams Tunnel Project in the city of Boston and the city of Cambridge.
SECTION 17. Chapter 29 of the General Laws is hereby amended by striking out section 2DD, inserted by section 1 of chapter 102 of the acts of 1995 as amended, and inserting in place thereof the following section:-
Section 2DD. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Capital Expenditure Reserve Fund. Said fund shall consist of: (i) amounts paid by the Massachusetts Turnpike Authority as payment for the acquisition cost of the Ted Williams tunnel and any other components of the metropolitan highway system, as defined in section 3 of chapter 81A; (ii) federal financial participation related to expenditures from this fund; provided, however, that none of the federal financial contribution to said fund shall be funds that would otherwise be credited to the Federal Highway Construction Program Fund pursuant to section 1 of chapter 15 of the acts of 1988, section 1 of chapter 33 of the acts of 1991, section 2 of chapter 102 of the acts of 1994, section 2 of chapter 273 of the acts of 1994, section 2 of chapter 113 of the acts of 1996 or section 2 of chapter 205 of the acts of 1996; (iii) amounts paid by the Massachusetts Port Authority pursuant to subsection (f) of section 12 of said chapter 81A; and (iv) investment earnings, if any, thereon. Amounts credited to said fund shall be used, without further appropriation, only for the following purposes: (a) the payment of the principal, including sinking fund payments of and premium, if any, and interest on any bonds or notes issued by the commonwealth for the purpose of paying any costs of the Central Artery/Ted Williams Tunnel project or (b) any direct capital expenditures of the commonwealth to pay any cost of the Central Artery/Ted Williams Tunnel project.
SECTION 18. Section 49B of said chapter 29 is hereby amended by striking out the last paragraph, as amended by section 9 of chapter 365 of the acts of 1996, and inserting in place thereof the following paragraph:-
The state treasurer may enter into agreements with brokers for the placement of any such commonwealth notes issued as commercial paper.
SECTION 19. Paragraph (b) of subdivision (4 ) of section 20 of chapter 32 of the General Laws is hereby amended by striking out the second sentence, as appearing in section 4 of chapter 3 of the acts of 1997, and inserting in place thereof the following sentence:- Said board shall consist of five members as follows: the treasurer of the authority who shall be a member ex officio, a second member appointed by the appointing authority of the authority, a third and fourth member who shall be elected by the members in or retired from service of such system from among their number in such manner and for such term, not exceeding three years, as the chairman of the authority shall determine, and a fifth member who shall not be an employee, retiree, or official of the governmental unit and who shall be appointed by the other four members for a term of three years.
SECTION 20. Paragraph (b) of subdivision (4 7/8) of said section 20 of said chapter 32 is hereby amended by striking out the second sentence, as appearing in section 5 of said chapter 3, and inserting in place thereof the following sentence:- Said board shall consist of five members as follows: the secretary-treasurer of the authority who shall be a member ex officio, a second member appointed by the appointing authority of the authority, a third and fourth member who shall be elected by the members in or retired from service of such system from among their number in such manner and for such term, not exceeding three years, as the chairman of the authority shall determine, and a fifth member who shall not be an employee, retiree or official of the governmental unit and who shall be appointed by the other four members for a term of three years.
SECTION 21. Section 3 of chapter 81A of the General Laws, as appearing in section 6 of said chapter 3, is hereby amended by striking out the definition of "Metropolitan highway system" and inserting in place thereof the following definition:-
"Metropolitan highway system", the integrated system of roadways, bridges, tunnels, overpasses, interchanges, parking facilities, entrance plazas, approaches, connecting highways, service stations, restaurants, tourist information centers and administration, storage, maintenance and other buildings that the authority owns, constructs or operates and maintains pursuant to the provisions of this chapter which consists of the Boston extension, the Callahan tunnel, the central artery, the central artery north area, the Sumner tunnel and the Ted Williams tunnel and any additional highway, tunnel and bridge components as the general court may from time to time determine.
SECTION 22. Said section 3 of said chapter 81A, as so appearing, is hereby further amended by striking out the definition of "Turnpike" and inserting in place thereof the following definition:-
"Turnpike", the limited access express toll highway, designated as interstate highway route 90, and all bridges, tunnels, overpasses, underpasses, interchanges, parking facilities, entrance plazas, approaches, connecting highways, service stations, restaurants, tourist information centers and administration, storage, maintenance and other buildings that the authority may own, construct or operate and maintain pursuant to the provisions of this chapter and any additional highway, tunnel and bridge components as the general court may from time to time determine, extending from the town of West Stockbridge on the commonwealth's border with New York state to, but not including, the interchange of interstate highway route 90 and state highway route 128 in the town of Weston.
SECTION 23. Section 4 of said chapter 81A, as so appearing, is hereby amended by striking out clauses (i) and (j) and inserting in place thereof the following two clauses:-
(i) to fix and revise from time to time and charge and collect tolls for transit over the turnpike; provided, however, that it shall furnish upon request to a user of the turnpike a toll receipt showing the amount of toll paid, the classification of the vehicle, the date of payment and place of exit from said turnpike; provided further, that the authority shall convene at least two public hearings, each to be held in a community within the turnpike corridor, at least 30 days prior to the effective date of any proposed change in toll structure on the turnpike and shall allow for a one week comment period, after each such hearing, during which written testimony and comments shall be accepted;
(j) to fix and revise from time to time and charge and collect tolls for transit over the metropolitan highway system; provided, however, that it shall furnish upon request to a user of the metropolitan highway system a toll receipt showing the amount of toll paid, the classification of the vehicle and the date of payment; provided further, that the authority shall convene at least two public hearings to be held within the metropolitan Boston area at least 30 days prior to the effective date of any proposed change in toll structure within the metropolitan highway system and shall allow for a one week comment period after each such hearing during which written testimony and comments shall be accepted;.
SECTION 24. Said section 4 of said chapter 81A, as so appearing, is hereby further amended by striking out clause (o) and inserting in place thereof the following clause:-
(o) To designate the locations and establish, limit and control such points of ingress to and egress from the turnpike or metropolitan highway system as may be necessary, convenient or desirable in the judgment of the authority to insure the proper operation and maintenance of the turnpike or metropolitan highway system to prohibit entrance to the turnpike or metropolitan highway system from any point or points not so designated;.
SECTION 25. Subsection (b) of section 5 of said chapter 81A, as so appearing, is hereby amended by striking out clause (ii) and inserting in place thereof the following clause:-
(ii) to refund or otherwise pay any or all other debt or obligations of the authority relating to the turnpike, as defined in chapter 354 of the acts of 1952 in effect prior to the effective date of this section and to allocate such debt or obligations between the turnpike and the metropolitan highway system based upon the actual expenditure on the respective turnpike and the metropolitan highway system of the proceeds of the debt or other obligations to be refunded;.
SECTION 26. Subsection (a) of section 28 of said chapter 81A, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- There shall be a metropolitan highway system advisory board to the authority to consist of nine persons, one of whom shall be appointed by the governor, one of whom shall be appointed by the commissioner of capital planning and operations, one of whom shall be appointed by the mayor of the city of Boston, one of whom shall be appointed by the artery business committee, two of whom shall be appointed by the metropolitan area planning council, one of whom shall be appointed by the Massachusetts Municipal Association, one of whom shall be appointed by Move Massachusetts 2000 and one of whom shall be appointed by the Massachusetts Sierra Club.
SECTION 27. Chapter 128 of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by inserting after section 38A the following section:-
Section 38B. (a) There shall be established and set up on the books of the commonwealth a separate fund to be known as the Massachusetts State Exposition Building Maintenance Fund, the funds of which shall be expended solely for the purposes of upkeep, maintenance and repairs of the Massachusetts State Exposition Building and the land thereon, described more fully as the Massachusetts Building at the Eastern States Exposition in the town of West Springfield.
(b) The Massachusetts State Exposition Building Maintenance Fund shall receive monies from (1) gifts, grants and donations from public or private sources; (2) federal reimbursements, grants-in-aid or other money credited or transferred from any other fund or source; (3) rental fees and expenses received from tenants of the Massachusetts Building; and (4) any interest earned from the Massachusetts State Exposition Building Maintenance Fund. Such funds shall be impressed with a trust and held for the Board of Massachusetts Trustees of the Eastern States Exposition for certain expenditures for upkeep, maintenance and repairs, as needed. The state treasurer may receive, deposit and invest funds held for said Board of Massachusetts Trustees of the Eastern State Exposition in such a manner that will ensure the highest interest rate available consistent with the safety of the fund.
(c) The books and records of the Massachusetts State Exposition Building Maintenance Fund shall be subject to an annual audit by the state auditor.
(d) The division of capital planning and operations is hereby authorized to expend such funds as may be necessary to facilitate the upkeep, maintenance and repairs of the Massachusetts State Exposition Building and the land thereon as more fully described herein. All such upkeep, maintenance and repairs shall be made in a manner consistent with the provisions of chapter 579 of the acts of 1980 and all other applicable laws.
SECTION 28. (a) Notwithstanding the provisions of any other general or special law to the contrary, the department of highways shall make every effort to distribute funds, not to exceed $250,000, to transportation management associations and other similar regional transportation organizations to reduce vehicle congestion and improve air quality through a grant program to institute and enhance transportation demand management activities which shall include, but not be limited to, the following: (1) market and promote the use of existing and new park-and-ride and existing and new carpooling and van pooling alternatives (2) provide, operate and coordinate bus and shuttle services between existing transportation facilities and major employment centers and shopping centers and (3) underwrite active marketing and outreach programs to support such services; provided, however, that the department's efforts in such areas shall be coordinated with and secure the expressed approval of other implementing agencies including, but not limited to, transportation management associations, regional planning authorities and specific local governments.
(b) The department of highways shall make such grants available as a pilot intermodal services program to the local communities in the three subregions located between routes 128 and I-495: SWAP (South West Advisory Planning Committee), MGMC (Metro West Growth Management Committee) and MAGIC (Minuteman Area Group For Interlocal Cooperation) and coalitions of local governments which are formed to address shared transportation problems and/or transportation management agencies. Activities eligible to receive grants created by this program shall include all activities enumerated in the above paragraph as well as administration costs necessary to implement these transportation demand management activities.
SECTION 29. (a) Notwithstanding the provisions of any general or special law to the contrary, the department of highways shall make every effort to distribute any funds, not to exceed $250,000, to transportation management associations and other similar regional transportation organizations to reduce vehicle congestion and improve air quality through a grant program to institute and enhance transportation demand management activities which shall, among other purposes, be used to develop alternative traffic patterns to the use of state highway route 60 in the city of Malden, to maintain the asphalt surface of state highway route 60 while and until alternative traffic patterns can be developed, and to construct traffic control signals to protect pedestrian traffic on state highway route 60.
(b) The department of highways shall make such grants available as a pilot intermodal service program dispersed to the city of Malden to accomplish the purposes of the above paragraph.
SECTION 30. Section 2 of chapter 466 of the acts of 1984 is hereby amended by adding the following paragraph:-
Notwithstanding any other provisions of this act to the contrary, amounts authorized by this section may also be expended by the Massachusetts Technology Park Corporation in support of the reactivation and modernization of the Quincy shipyard including, without limitation, by establishing and maintaining an advanced materials processing center to be operated by said corporation in conjunction with the Massachusetts Institute of Technology or other research institution through a technology partnership or by satisfying the financing account deposit requirements of the Federal Credit Reform Act of 1990 relative to the issuance of federal loan guaranties to support the reactivation and modernization of said shipyard; provided, however that federal funds granted and federal loan guaranties made in support of the reactivation and modernization of said shipyard shall be deemed to be received in satisfaction of the matching fund requirements in respect of such center under applicable law; and provided further, that the provisions of section 6 of chapter 40J of the General Laws shall not apply to any funds expended pursuant to this paragraph. Amounts authorized by this act are hereby made available for expenditure until June 30, 2002.
SECTION 31. The first sentence of the second paragraph of section 3 of said chapter 466 is hereby amended by striking out the words "two thousand and nine" and inserting in place thereof the following figure:- 2022.
SECTION 32. The second sentence of the first paragraph of section 4 of said chapter 466 is hereby amended by striking out the words "nineteen hundred and ninety-five" and inserting in place thereof the following figure:- 2007.
SECTION 33. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Port Authority shall, prior to proceeding with any expansion or development which does not specifically relate to the purposes of furthering the aviation capacity of Hanscom field, submit to the boards of selectmen in those communities abutting said Hanscom field a master plan for such development or expansion. Said boards of selectmen shall have not less than 30 days to submit comments to said port authority before any action is taken by said authority to implement said master plan.
SECTION 34. Item 6033-9592 of section 2A of chapter 102 of the acts of 1994, as amended by section 35 of chapter 205 of the acts of 1996, is hereby further amended by striking out the words "Conway, East Longmeadow, Greenfield, Haverhill, Leverett, Montague, Mount Washington" and inserting in place thereof the following words:- Conway, Dalton, East Longmeadow, Greenfield, Haverhill, Lanesborough, Leverett, Montague, Mount Washington, New Ashford.
SECTION 35. Item 6033-9500 of section 2A of chapter 273 of the acts of 1994 is hereby amended by inserting after the words "safety and general welfare" the following words:- which may include costs to study sewer needs of impacted communities.
SECTION 36. Item 6005-9580 of section 2H of said chapter 273 is hereby amended by adding the following words:- ; provided, priority shall be given to such residences which also abut the right-of-way of any commuter rail line operated by the Massachusetts Bay Transportation Authority.
SECTION 37. Said item 6005-9580 of said section 2H of said chapter 273 is hereby further amended by striking out the figure "12,000,000" and inserting in place thereof the following figure:- 22,000,000.
SECTION 38. Section 23 of said chapter 273 is hereby amended by striking out the words "one billion sixty-two" and inserting in place thereof the following words:- one billion seventy-two.
SECTION 39. Section 24 of said chapter 273 is hereby amended by striking out the words "nine hundred fifty-six" and inserting in place thereof the following words:- nine hundred sixty-five.
SECTION 40. Section 22 of chapter 102 of the acts of 1995 is hereby amended by inserting after the words "local public works", each time it appears, the following words:- ; public safety.
SECTION 41. Item 6034-9610 of section 2A of chapter 205 of the acts of 1996 is hereby amended by striking out the figure "15,000,000" and inserting in place thereof the following figure:- 25,000,000.
SECTION 42. Item 6001-9610 of section 2H of said chapter 205 is hereby amended by adding the following words:- ; provided, that $100,000 shall be expended for clearing the railroad right-of-way extending from the Otis Spur, so-called, in the town of Falmouth to the Falmouth train depot, so-called, in said town of Falmouth.
SECTION 43. Item 6006-9680 of section 2I of said chapter 205 is hereby amended by inserting after the words "matching fund requirements, so-called" the following words:- ; provided further, that funds may be expended from this item for the Worcester Regional Airport; provided further, that not less than $280,000 shall be expended for the purchase and installation of fencing around the Pittsfield Municipal Airport.
SECTION 44. Item 6005-1963 of section 2J of said chapter 205 is hereby amended by striking out the words, "purchase one self-powered, diesel rail car" and inserting in place thereof the following words:- secure the use of diesel multiple unit rail cars.
SECTION 45. Item 6005-9680 of said section 2J of said chapter 205 is hereby amended by adding the following words:- and provided further, that $400,000 shall be expended for the improvement and repair of the Winchester station bridge in the town of Winchester, including handicap access, refurbishment of concrete expansion joints and the removal or encapsulation of lead paint.
SECTION 46. The first paragraph of section 4 of said chapter 205 is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- To meet a portion of the expenditures necessary in carrying out the provisions of section 2A, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time but not exceeding, in the aggregate, the sum of $771,726,250, to be in addition to those bonds previously authorized, for projects and programs which remain uncommitted or unobligated on the effective date of this act.
SECTION 47. Section 119 of said chapter 205 is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-
Commuters who wish to participate in the expanded use of said high occupancy vehicle lane shall make an application to the department of highways in accordance with regulations promulgated by said department and the executive office of transportation and construction under the provisions of this section; provided, however, that 2,500 red windshield stickers shall be issued by said department and 2,500 blue windshield stickers shall be issued by said department; provided further, that said department shall not charge a fee to commuters for the application, production or distribution of such windshield stickers; and provided further, that such windshield stickers shall not be transferable and shall be valid for a period of two years.
SECTION 48. The last paragraph of said section 119 of said chapter 205 is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Said secretary and said commissioner shall monitor the results of the plan herein authorized and submit an interim report detailing the results of such plan to the joint committee on transportation and the house and senate committees on ways and means not later than six months after the implementation of the plan authorized herein; provided, however, that said secretary and said commissioner shall file a final report detailing the results of said plan.
SECTION 49. Chapter 428 of the acts of 1996 is hereby amended by striking out sections 2 and 3.
SECTION 50. Chapter 3 of the acts of 1997 is hereby amended by striking out section 8 and inserting in place thereof the following section:-
Section 8. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Port Authority shall convene at least two public hearings, one of which shall be held in a community contiguous to the Tobin memorial bridge and one of which shall be held in a community in a central and accessible location in Essex county at least 30 days prior to the effective date of any proposed change in toll structure on said Tobin memorial bridge; provided, however, that said Massachusetts Port Authority shall allow for a one week comment period, after each such hearing, during which written testimony and comments shall be accepted by said Massachusetts Port Authority.
SECTION 51. Said chapter 3 is hereby further amended by inserting after section 10 the following section:-
Section 10A. Any reference to chapter 354 of the acts of 1952 or chapter 598 of the acts of 1958 in any general or special law shall be deemed to refer to chapter 81A of the General Laws.
SECTION 52. In carrying out any or all aspects of projects pursuant to the provisions of sections 2, 2A and 2B, the department of highways may enter into such contracts or agreements as are necessary with other state, local or regional public agencies or authorities. Such agreements may relate to such matters as said department shall determine, including without limitation, the design, layout, construction, reconstruction or management of construction of all or any portion of such projects. In relation to such agreements between the department and other state agencies or authorities, the department is hereby authorized to advance monies to such agencies or authorities, without prior expenditure by such agencies or authorities, and such agencies and authorities are hereby authorized to accept monies necessary to carry out such agreements; provided, however, that the department shall certify to the comptroller the amounts so advanced; provided further, that such agreements shall contain provisions satisfactory to the department for the accounting of such monies as expended by such agency or authority; and provided further, that all monies not expended under such agreement shall be credited to the account of the department from which they were advanced. The department shall report to the house and senate committees on ways and means any transfers completed pursuant to the provisions of this section.
SECTION 53. The department of highways, hereinafter called the department, is hereby authorized and directed to expend the sums authorized in sections 2 and 2A for the following purposes:
Projects for the laying out, construction, reconstruction, resurfacing, relocation or necessary or beneficial improvement of highways, bridges, bicycle paths or facilities, on and off-street bicycle projects, sidewalks, telecommunications, parking facilities, auto-restricted zones, scenic easements, grade crossing eliminations and alterations of other crossings, traffic safety devices on state highways and on roads constructed under the provisions of section 34 of chapter 90 of the General Laws, highway or mass transportation studies including, but not limited to, traffic, environmental or parking studies, the establishment of school zones in accordance with section 2 of chapter 85 of the General Laws, improvements on routes not designated as state highways without assumption of maintenance responsibilities and, notwithstanding the provisions of any general or special law to the contrary, projects to alleviate contamination of public and private water supplies caused by the department's storage and use of snow removal chemicals which are necessary for the purposes of highway safety and for the relocation of persons or businesses, or replacement of dwellings or structures including, but not limited to, the provision of last resort housing under federal law and such functional replacement of structures in public ownership as may be necessary for the foregoing purposes and for relocation benefits to the extent necessary to satisfy the requirements of the Uniform Relocation Assistance and Real Property Acquisition Act, 42 USC 4601 et seq., PL 90-646, and to sell any structure the title to which has been acquired for highway purposes. When dwellings or other structures are removed, in furtherance of any of the foregoing projects, the excavations or cellar holes remaining shall be filled in and brought to grade within one month after such removal. In planning projects funded by sections 2 and 2A, consideration shall be made, to the extent feasible, to accommodate and incorporate provisions to facilitate the use of bicycles and walking as a means of transportation; provided, however, that nothing herein shall be construed as giving rise to enforceable legal rights in any party or a cause of action or an enforceable entitlement as to the projects provided herein.
Funds authorized by sections 2 and 2A shall, except as otherwise specifically provided in this act, be subject to the provisions of the first paragraph of section 6 and sections 7 and 9 of chapter 718 of the acts of 1956 and, notwithstanding the provisions of any general or special law to the contrary, may be used for the purposes stated in this act in conjunction with funds of cities, towns, and any political subdivision of the commonwealth.
Notwithstanding the provisions of sections 38C, 40A and 40B of chapter 7 of the General Laws, the department shall have jurisdiction over the selection of designers performing design services in connection with the ventilation of buildings, utility facilities and toll booths to be constructed as part of the Central Artery/Ted Williams Tunnel Project, and shall construct, control, supervise or contract said structures; provided, however, that no such construction or contractual agreement for construction shall begin prior to the review and approval of the inspector general of the commonwealth. The inspector general shall file with the house and senate committees on ways and means and the joint committee on transportation all notices of approval for projects undertaken pursuant to the provisions of this paragraph.
In addition to the foregoing, the department is further authorized:
(1) to expend funds made available by this act to acquire from any person, land or rights in land by lease, purchase or eminent domain under the provisions of chapter 79 of the General Laws, or otherwise for parking facilities adjacent to any public way, to be operated by the department or under contract with any person;
(2) to expend funds made available by this act for the acquisition of van-type vehicles used for multi-passenger, commuter-driven carpools and high occupancy vehicles including, but not limited to, water shuttles and water taxis; and
(3) in accordance with all applicable state and federal law, and regulations, to exercise all powers and do all things necessary and convenient to carry out the purposes of this act.
In carrying out the provisions of this section, the department may enter into contracts or agreements with cities to mitigate the effects of projects undertaken pursuant to this act and to undertake additional transportation measures within the city, and may enter into such contracts or agreements with other state, local or regional public agencies, authorities, or political subdivisions as may be necessary to implement such city agreements. Cities and other state, local or regional public agencies, authorities or political subdivisions are hereby granted the authority to enter into such contracts or agreements with the department. In relation to such agreements the department is hereby authorized to and may advance to such agencies or authorities, without prior expenditure by such agencies or authorities, monies necessary to carry out such agreements; provided however, that the department certifies to the comptroller the amount so advanced; provided, further, that all monies not expended under such agreement shall be credited to the account of the department from which they were advanced. The department shall report to the house and senate committees on ways and means any transfers completed pursuant to the provisions of this paragraph.
SECTION 54. Notwithstanding the provisions of any general or special law to the contrary, the department of highways, hereinafter referred to as the department, is hereby authorized and directed to take all necessary actions to secure federal highway or mass transportation assistance which is or may become available to the department including, but not limited to, actions authorized under or in compliance with the provision of Title 23 of the United States Code and section 145 of the Surface Transportation and Uniform Relocation Assistance Act of 1982, PL 97-424, the Surface Transportation and Uniform Relocation Act of 1987, PL 100-17, the Intermodal Surface Transportation Efficiency Act of 1991, PL 102-240, and any successor acts or reauthorizations of said act, and actions such as filing applications for federal assistance, supervising the expenditure of funds under federal grants or other assistance agreements, and making any determinations and certifications necessary or appropriate to the foregoing. If any federal law, administrative regulation or practice requires any action relating to such federal assistance to be taken by any department, agency or other instrumentality of the commonwealth other than the department of highways, such other department, agency or instrumentality is hereby authorized and directed to take such action.
In furtherance of the foregoing purposes, the department, as appropriate, shall apply for and accept any federal funds available for projects authorized in sections 2 and 2A of this act, and such federal funds when received shall be credited to the Federal Highway Construction Program Fund. To meet a portion of the expenditures authorized by said sections 2 and 2A of this act, there is hereby appropriated to the Federal Highway Construction Program Fund a sum of $2,100,000,000 which shall be expended, subject to the limitations contained in Article LXXVIII of the Amendments to the Constitution of the Commonwealth, and which shall be in addition to the amounts appropriated in section 1 of chapter 15 of the acts of 1988, section 1 of chapter 33 of the acts of 1991, section 2 of chapter 102 of the acts of 1994, section 2 of chapter 273 of the acts of 1994, section 2 of chapter 113 of the acts of 1996 and section 2 of chapter 205 of the acts of 1996.
SECTION 55. The department of highways may provide functional replacement of real property in public ownership whenever the department has acquired such property in whole or in part under the provisions of this act or such property is significantly and adversely affected as a result of the acquisition of property for a highway or highway related project and whenever the department determines such functional replacement is necessary and in the public interest. For purposes of this section, the words "functional replacement" shall mean the replacement, pursuant to the provisions of chapter 7 of the General Laws including sections 40F and 40F½, requiring authorization of the general court prior to disposition of real property, including either land or facilities thereon, or both, which will provide equivalent utility and the words "real property in public ownership" shall mean any and all present and future interest in land, including rights of use, now existing or hereafter arising, held by an agency, authority, board, bureau, commission, department, division or other unit, body, instrumentality or political subdivision of the commonwealth. This section shall not constitute authorization by the general court as required by said chapter 7.
Whenever the department determines it is necessary that any utility or utility facility, as defined under federal law, be relocated because of construction of a project which is to be reimbursed federally in whole or in part, then such facilities shall be relocated by the department or by the owner thereof in accordance with an order from the department; provided, however, that the commonwealth may reimburse the owner of such utility or utility facility for the cost of relocation; provided, further, that any relocation of facilities carried out under this section which is not performed by employees of the owner shall be subject to the provisions of section 27 of chapter 149 of the General Laws.
Notwithstanding the provisions of any general or special law to the contrary, any utility facility that is required to be relocated because of the construction of a project federally funded under the Federal-Aid Highway Act of 1982 and the Federal-Aid Highway Act of 1987 may be relocated temporarily aboveground during the construction of said project.
SECTION 56. Notwithstanding the provisions of any general or special law to the contrary, the provisions of section 61 and sections 62A to 62H, inclusive, of chapter 30 of the General Laws and chapter 91 of the General Laws and section 40 of chapter 131 of the General Laws shall not apply to bridge projects of the department authorized under this act for the repair, reconstruction, replacement or demolition of existing state highway bridges and other bridges, including the immediate roadway approaches necessary to connect said bridges to the existing adjacent highway system, in which the design is substantially the functional equivalent of, and in similar alignment to, the structure to be reconstructed or replaced; provided, however, that notwithstanding the foregoing, the provisions of said section 61 and said sections 62A to 62H, inclusive, of said chapter 30, said chapter 91 and said section 40 of said chapter 131 shall apply to any portions of the bridge and roadway approaches to the crossing of the Charles River for the Central Artery/Ted Williams Tunnel Project; provided, further, that in the case of any state highway or other bridge crossing over a railroad right-of-way or railroad tracks, the department shall seek the opinion of any railroad company, railway company, or its assigns operating on said track of a necessary clearance between said track and the state highway bridge; provided, further, that the department, its agents or contractors may enter upon any right-of-way, land or premises of a railroad company or railway company or its assigns for such purposes as the department may deem necessary or convenient to carry out the provisions of this act; and provided further, that if a flagman is needed to carry out the provisions of this act, that railroad company, railway company, or its assigns shall provide such flagman. For the purposes of this section and item 6033-9769 of section 2B, the word "bridge" shall include any structure spanning and providing passage over water, railroad right-of-way, public or private way, other vehicular facility or other area.
SECTION 57. The fixed bridge on Northern avenue, duly authorized and heretofore known as the new Northern avenue bridge, spanning the Fort Point channel in the city of Boston shall be designated and hereafter known as the Evelyn F. Moakley bridge, in honor of Evelyn F. Moakley for her dedication and service to her community. The department of highways shall erect suitable markers bearing such dedication in compliance with its established standards.
SECTION 58. All sums expended either pursuant to this act or for which reimbursement is made under this act for the purpose of acquiring, constructing, or altering public transportation passenger vehicles or facilities, shall be expended in accordance with the provisions of 42 USC 12141 to 42 USC 12150, inclusive.
SECTION 59. For the purposes of this act the following words shall have the following meanings:-
"Minority", a person with permanent residence in the United States who is Black, Portuguese, Western Hemisphere Hispanic, Asian, Native American or Cape Verdean.
"Minority business enterprise", any individual, business organization or nonprofit corporation which is certified as a minority business enterprise as defined in section 40 of chapter 23A of the General Laws by the state office of minority and women business assistance established pursuant to section 41 of said chapter 23A.
"Women business enterprise", any individual, business organization or nonprofit corporation which is certified as a women business enterprise by the state office of minority and women business assistance established pursuant to section 41 of chapter 23A of the General Laws.
Each agency, commission, authority and political subdivision authorized to make expenditures pursuant to the provisions of this act, shall establish an affirmative action program for minority and women business enterprises designed to ensure that qualified minority and women owned businesses willing and able to perform services funded and procured pursuant to this act are actually engaged to perform such services consistent with their availability. Affirmative market programs established pursuant to this act may include race conscious contracting goals when necessary to accomplish remedial goals.
The secretary of each agency or commission, and the executive officer of each authority or political subdivision authorized to make expenditures under the provisions of this act, shall monitor the implementation of this section to insure that the best efforts of each agency, commission and authority are utilized in the implementation of this section. Each agency, commission or authority authorized to make expenditures under the provisions of this act shall provide written quarterly reports to its respective secretary and, in the case of a political subdivision, said quarterly reports shall be filed with the office granting or otherwise providing funds authorized in this act, detailing the number of contracts entered into, the dollar value of each contract, the number of contracts entered into with minority and women business enterprises, and the dollar value of each contract entered into with minority and women business enterprises.
Notwithstanding the provisions of any general or special law to the contrary, each executive office, agency, commission, authority or political subdivision may initiate certification of minority and women business enterprises in a manner consistent with the rules and regulations promulgated by the state office of minority and women business assistance. If an executive office, agency, commission, authority or political subdivision makes a referral that a business may be a minority or women business enterprise, such referral, together with supporting documentation and a letter indicating the intent of the executive office, agency, commission, authority or political subdivision to contract with the business, shall be sent to said state office, which shall approve or disapprove said business within 25 business days. Upon the certification of a business as a minority or women business enterprise by said state office of minority and women business assistance, such certification shall be effective for all executive offices and agencies for the purposes of this section.
SECTION 60. Any amounts made available by this act or heretofore made available by chapter 15 of the acts of 1988, chapter 33 of the acts of 1991, chapter 102 of the acts of 1994, chapter 273 of the acts of 1994, chapter 113 of the acts of 1996 and chapter 205 of the acts of 1996 shall be made available for expenditure until June 30, 2002.
SECTION 61. (a) Notwithstanding any general or special law to the contrary, the Massachusetts Turnpike Authority may make any additional payment, as required by law, toward the acquisition cost of the Ted Williams tunnel or any other component of the metropolitan highway system, each as defined in chapter 81A of the General Laws, by (i) paying cash to the commonwealth for credit to the Capital Expenditure Reserve Fund, established under section 2DD of chapter 29 of the General Laws; (ii) directly paying on behalf of the commonwealth any amounts owed by the commonwealth to third parties in connection with the acquisition, construction or equipping of any portion of the Central Artery/Ted Williams Tunnel Project; (iii) entering into contracts with third parties with respect to the acquisition, construction or equipping of any portion of the Central Artery/Ted Williams Tunnel Project; or (iv) any combination of the foregoing.
(b) In addition to expenditures authorized by sections 2 and 2A of this act, the Massachusetts Turnpike Authority is hereby authorized and directed to pay, not later than December 31, 1998, to the commonwealth for credit to the Capital Expenditure Reserve Fund, established under section 2DD of chapter 29 of the General Laws a sum of $700,000,000 toward the acquisition cost of the Ted Williams tunnel or any other component of the metropolitan highway system as defined by chapter 81A of the General Laws. Such sum is to be in addition to any amount paid into said Capital Expenditure Reserve Fund prior to the effective date of this act as required by chapter 102 of the acts of 1995, as amended by chapter 273 of the acts of 1995; provided, that said $700,000,000 shall not be used to refund, repay or otherwise redeem or be issued in lieu of the general obligation bonds authorized in section 15 of said chapter 102.
SECTION 62. Notwithstanding any general or special law to the contrary the Massachusetts Port Authority may make any payment as required by clause (iii) of subsection (f) of section 12 of chapter 81A of the General Laws, toward the acquisition cost of components or segments of the metropolitan highway system, as defined in said chapter 81A of the General Laws, by any of the following means:- (i) paying cash to the commonwealth for credit to the Capital Expenditure Reserve Fund, established under section 2DD of chapter 29 of the General Laws; (ii) directly paying on behalf of the commonwealth any amounts owed by the commonwealth to third parties in connection with the acquisition, construction or equipping of any portion of the Central Artery/Ted Williams Tunnel Project; (iii) entering into contracts with third parties with respect to the acquisition, construction or equipping of any portion of the components or segments of the metropolitan highway system to be acquired by the Massachusetts Port Authority; or (iv) any combination of the foregoing.
SECTION 63. The funds appropriated in item 6033-9798 of section 2B are hereby made available and shall be in addition to those funds appropriated in paragraph (c) of section 3 of chapter 15 of the acts of 1988, paragraph (c) of section 3 of chapter 33 of the acts of 1991, item 6010-3950 of section 2A of chapter 85 of the acts of 1994, and item 6036-9698 of section 2A of chapter 113 of the acts of 1996, as amended by section 66 of chapter 205 of the acts of 1996, for projects for construction and reconstruction of town and county ways as described in subclause (a) of clause (2) of the second paragraph of section 34 of chapter 90 of the General Laws; provided, however, that a city or town shall comply with procedures established by the department of highways; provided further, that any such city or town is hereby authorized to appropriate for such projects amounts not in excess of the amounts provided to such city or town under this section; provided further, that said appropriation shall be considered as an available fund upon the approval of the commissioner of revenue pursuant to section 23 of chapter 59 of the General Laws; provided further, that the commonwealth shall reimburse said city or town under this section within 30 days of receipt by the department of a request for reimbursement from such city or town, such request to include certification by such city or town that actual expenses have been incurred on projects eligible for reimbursement under this section, and the work has been completed to the satisfaction of such city or town according to the specifications of said project and in compliance with applicable law; provided further, that the department of highways may enter into agreements with cities and towns to provide engineering and other services essential to the development of projects and if the department agrees to provide services, amounts charged for department employees may include the salary and salary related expenses of such employees to the extent that they work on or in support of such projects; provided further, that funds provided herein may be expended for the entire cost of any project eligible under the provisions of said chapter 90; and provided further, that the funds provided herein may be expended for the transportation enhancement project as described in the Intermodal Surface Transportation Efficiency Act of 1991, PL 102-240, and for the repair, replacement or removal of underground municipal public works fuel tanks.
SECTION 64. The Massachusetts Turnpike Authority and the department of highways are hereby authorized and directed to conduct a feasibility study relative to the establishment of tolls on various roadways within the commonwealth in anticipation of provisions being incorporated in the reauthorization to the Intermodal Surface Transportation Efficiency Act of 1991, PL 102-240, increasing the states' ability to erect tolls on interstate highways. Said study shall be limited to an examination of the establishment and collection of tolls at the following border locations within the commonwealth: on interstate highway route 91 at the commonwealth's border with the state of Vermont and at the commonwealth's border with the state of Connecticut; on interstate highway route 93 at the commonwealth's border with the state of New Hampshire; on interstate highway route 95 at the commonwealth's border with the state of New Hampshire and at the commonwealth's border with the state of Rhode Island; and on interstate highway route 195 at the commonwealth's border with the state of Rhode Island. Said study shall also include, but not be limited to, an examination of the following: the cost to construct the toll facilities at each said location, including any costs associated with right-of-way takings or acquisitions; the cost to operate and collect tolls at said toll facilities; the revenue projections for each said toll facility; the traffic impact said facilities may have on alternate routes abutting each said interstate highway; the impact said facilities may have on travel times; the environmental impacts of said facilities, including air quality and traffic congestion; and the impact the establishment of any such toll facilities may have on federal funding for transportation infrastructure in the commonwealth. Said study shall be completed by June 1, 1998 and a report of the results of said study shall be submitted to the senate and house clerks and to the joint committee on transportation.
SECTION 65. Notwithstanding restrictions contained in chapter 79 and chapter 81 of the General Laws, the department of highways is hereby authorized and directed to take by eminent domain for highway purposes the land and structures thereon located near a portion of Merrill road which lies between Junction road and New York avenue in the city of Pittsfield. Said takings shall be subject to receipt by the department of highways of written requests signed by the owners of record of such land.
The land is described in a plan entitled "Plan and Profile of Merrill road in the city of Pittsfield, Right-of-Way prepared by Fay, Spofford and Thorndike, Inc.", which is on file with the right-of-way division of the department of highways and more particularly described as follows:
(1) The land and structures, if any, now or formerly of Giacomo Dalo and Theresa Dalo as described in a deed recorded in Book 556, Page 376 at the Berkshire Middle District Registry of Deeds also known as 281 Merrill Road, Pittsfield, containing approximately 13,045 square feet of land.
(2) The land and structures, if any, now or formerly of Russell W. Blake and Mary N. Blake as described in a deed recorded in Book 874, Page 320 at the Berkshire Middle District Registry of Deeds also known as 286 Merrill road, Pittsfield, containing approximately 3,310 square feet of land.
(3) The land and structures, if any, now or formerly of Cecilia Lazzari and Mary M. Lazzari as described in a deed recorded in Book 587, Page 53 at the Berkshire Middle District Registry of Deeds also known as 288 Merrill Road, Pittsfield, containing approximately 7,565 square feet of land.
Any person whose property has been taken or injured by the exercise of the power to take by eminent domain under the authority of this section may recover from the commonwealth under chapter 79 of the General Laws such damages therefore as he may be entitled.
The department of highways shall take all steps necessary to secure any federal assistance which may be available for the purposes of this section.
SECTION 66. Notwithstanding restrictions contained in chapter 79 and chapter 81 of the General Laws, the department of highways is hereby authorized and directed to take by eminent domain for highway purposes the land, and structures thereon, located on a portion of North street which is designated as Lot No. 1 on plan entitled "Plan of Subdivision of Property of Pontoosuc Woolen Manufacturing Co., Pittsfield Mass." Said parcel, also known as 1269 North Street, Pittsfield, is described in a deed recorded in Book 795, Page 128 at the Berkshire middle district registry of deeds as follows:-
Said parcel is bounded easterly by the west line on North street, eighty-nine and twenty-nine one-hundredths (89.29) feet; northerly by the south line of Clifford Street shown on said plan, one hundred fifty-five and thirty-eight one-hundredths (155.38) feet; westerly by Parcel B. shown on said plan, eighty-eight and twenty one-hundredths (88.20) feet; and southerly by said Parcel B. one hundred sixty-nine and twenty one-hundredths (169.20) feet.
This taking shall be subject to receipt by the department of a written request signed by the owner of record of such land.
SECTION 67. The department of highways is hereby authorized and directed to undertake a study, and to complete the preliminary design, of necessary improvements to the Washington street corridor, so-called, from Elm street to Pearl street in the town of Braintree. Said study and preliminary design shall be completed not later than May 1, 1998.
SECTION 68. Notwithstanding any general or special law, rule or regulation to the contrary, if the United States Department of Transportation, Federal Highway Administration Notice, Certificates of Apportionment, so-called, should fall below the sum of $550,000,000 in any given federal fiscal year, the rates for each individual source of contribution to the commonwealth's Highway Fund shall be set no lower than the rates in place as of January 1, 1996, and the duration for any registration, license or permit, the proceeds of which are deposited in the commonwealth's Highway Fund, shall not differ from the duration in place for said registration, license or permit as of January 1, 1996. The secretary of the executive office of transportation and construction and the commissioner of the department of highways shall submit copies of said Certificates of Apportionment to the clerks of the house and the senate and to the joint committee on transportation within one week of receipt of the last of said certificates for a given federal fiscal year. This section shall remain in effect until construction of the Central Artery/Ted Williams Tunnel Project is complete or until all notes issued pursuant to section 9 are paid in full, whichever is later.
SECTION 69. Notwithstanding any general or special law to the contrary, the comptroller is hereby authorized and directed to perform retroactive accounting adjustments to the accounting records of the commonwealth to reflect reimbursements to the Massachusetts Turnpike Authority related to the C17A1 contract, so-called, on the Central Artery/Ted Williams Tunnel Project, pursuant to any agreement between the commonwealth and the Massachusetts Turnpike Authority, and such adjustments shall be completed not later than the close of fiscal year 1997.
SECTION 70. The department of highways is hereby authorized and directed to expend, by the end of fiscal year 1998, no less than $750,000 of the total funding made available in section 2A of chapter 205 of the acts of 1996 for an access road from interstate highway route 95 onto state highway route 133 in the town of Georgetown.
SECTION 71. The department of highways is hereby authorized and directed to undertake the design and construction of the safety improvements it deems necessary pursuant to the state highway route 2 safety improvement study as directed by section 77 of chapter 205 of the acts of 1996. Within 90 days of the effective date of this act, the department shall submit to the joint committee on transportation and the house and senate committees on ways and means the design and construction implementation plan mandated by said section 77.
SECTION 72. The department of highways is hereby authorized and directed to undertake a feasibility study examining the use of certain land, which is currently owned by the commonwealth and runs along the Housatonic river in the city of North Adams to the town of Sheffield, for a bikeway/walkway. Said study shall include the cost of constructing said bikeway/walkway on said parcel.
SECTION 73. The department of highways and the Massachusetts Bay Transportation Authority are hereby authorized and directed to undertake a study examining public access along the route 9 corridor, so-called, between Elliot street and Parker road, including access to the Newton Highlands station, so-called, in the city of Newton. Said study shall recommend improvements to be undertaken to provide pedestrian access and the cost of such improvements. Said study shall be completed not later than May 1, 1998.
SECTION 74. Whenever the language of a general capital authorization item of this act includes a smaller allocation for a specific project, the amount of said allocation may be adjusted to a greater or lesser amount if required to conform to contract requirements; provided, however, that it shall not exceed the total amount authorized by the item; provided further, that in any instance in which said allocation is adjusted to a greater or lesser amount, the appropriate department shall report to the joint committee on transportation and the house and senate committees on ways and means.
SECTION 75. The department of highways is hereby authorized and directed to undertake a study to determine the structural impact of traffic from interstate highway route 290 on the Mount Carmel Church in the city of Worcester. Said study shall be completed not later than May 1, 1998.
SECTION 76. No payment in excess of $175,000 by way of purchase of real estate or any interest therein shall be made by the department of highways and no settlement in excess of $175,000 or in excess of the amount recommended by the real estate review board established by section 6 of chapter 718 of the acts of 1956 shall be made out of court for damages recoverable under chapter 79 of the General Laws, by reason of a purchase or taking under this act. Each recommendation of the real estate review board shall be in writing and shall be accompanied by a written statement of the reasons for such recommendation.
No settlement, by reason of taking under this act in excess of $175,000 or in excess of the recommendation of the real estate review board, shall be made by agreement of the parties during or after trial except with the written approval of the court; provided, however, that settlements in excess of the recommendation of the board may be made without such approval if the settlement does not exceed the amount of any verdict or finding which has been rendered, together with interest and costs.
SECTION 77. The portion of state highway route 6 in the town of Fairhaven extending from Adams street easterly to the junction of Washington street shall be designated and known as the Fairhaven Firefighters memorial highway. The department of highways shall erect suitable markers bearing said designation in compliance the standards of said department.
SECTION 78. Notwithstanding any general or special law, rule, regulation or directive to the contrary, the department of highways shall hold a preliminary public hearing, prior to 25 per cent design approval, if the department determines that it will not be feasible to accommodate bicycles and pedestrians on any construction, reconstruction or repaving project of said department, as required by chapter 87 of the acts of 1996.
SECTION 79. Notwithstanding the provisions of any general or special law to the contrary, operating expenditures for the fiscal year ending June 30, 1997 of a regional transit authority not operating for a full year during fiscal year 1996 may exceed 103 per cent of its operating expenditure for the fiscal year ending June 30, 1996.
SECTION 80. (a) The county commissioners of the county of Dukes County are hereby authorized to raise and expend a sum not exceeding $1,200,000 for said county's share of the cost of construction of a new terminal building, related site work and pollution abatement at the Martha's Vineyard Airport.
(b) For the purposes authorized in paragraph (a), the treasurer of said county, with the approval of the county commissioners, may borrow upon the credit of said county such sums as may be necessary, not exceeding in the aggregate $500,000, and may issue bonds or notes of the county thereof, which shall be designated on their face Martha's Vineyard Airport Loan, Act of 1997. Each authorized issue shall constitute a separate loan and such loans shall be issued for not more than ten years. The bonds or notes shall be signed by the county treasurer and countersigned by a majority of the county commissioners. The county may sell such bonds or notes at public sale upon such terms and conditions as the county commissioners may deem proper, but not for less than their par value. Indebtedness incurred hereunder shall, except as herein provided, be subject to the provisions of chapter 35 of the General Laws.
SECTION 81. The department of highways is hereby authorized and directed to undertake a feasibility study to determine the cost impact on utility relocations if the term "cost of relocation" is defined as follows: the entire amount paid by the public utility that is reasonably attributable to the relocation or removal, after deducting the value of any improvement to the capacity of the new facility and any salvage value derived from the old facility. Said study shall be submitted by July 1, 1998.
SECTION 82. The department of highways is hereby authorized and directed to require the installation of curb cuts, so-called, for the purpose of compliance with the Americans with Disabilities Act, so-called, for any highway project involving substantial resurfacing, lane realignment, widening, construction or reconstruction that uses funds of the commonwealth. Said curb cuts shall be required at any intersection or crosswalk directly located within the scope of work of any such project, or that abuts or is reasonably adjacent to the scope of such work. The requirements of this section shall apply to any highway projects undertaken by said department or a political subdivision of the commonwealth using said funds, but shall not apply to routine maintenance.
SECTION 83. The department of highways is hereby authorized and directed to expend $250,000 of the total funding made available in item 6033-9717 in section 2B of this act for a feasibility study examining intersection improvements on state highway route 18 between state highway route 3 and the Naval Air Station in the town of Weymouth in conjunction with any reuse plan for said Air Station adopted by the communities of Weymouth, Rockland and Abington.
SECTION 84. The Massachusetts Bay Transportation Authority is hereby authorized and directed to relocate the bus stop on the inbound bus route number 73, one-half block west to the front of 102 Belmont street in the city known as the town of Watertown.
SECTION 85. No railroad corporation including any locomotive engine operated by or on behalf of the Massachusetts Bay Transportation Authority or Guilford Industries, shall permit a locomotive engine passing on its railroad in the town of Tewksbury to sound whistles at any crossing which has the following safety features: flashing lights in each direction which are automatically activated by the approaching train; two gates, one on each side of the crossing, both of which are automatically lowered by the approaching train and both extended across approximately half the width of the lanes of traffic so that the entire width of the lanes of traffic is blocked when the gates are lowered; a bell that is automatically activated by the approaching train; signs posted before the grade crossing in each direction warning motorists and pedestrians of the crossing ahead; not more than two lanes of vehicular traffic in each direction at the grade crossing. Notwithstanding the provisions of this paragraph, a train shall be required to sound its whistle in the event of an emergency.
The department of public utilities shall require that whistle markers on the railroad right-of-way on the approach to each crossing shall be replaced with bell markers within 90 days of the effective date of this act.
The department of public utilities shall notify the Massachusetts Bay Transportation Authority, Guilford Industries and all other railroad corporations operating locomotive engines in the town of Tewksbury of the provisions of this act within 30 days of its effective date.
SECTION 86. The department of highways is hereby authorized and directed to conduct a comprehensive study and comparative analysis of the costs of paying salary and salary related expenses of department employees from funds made available by transportation bond authorizations, as compared to paying such salary and salary related expenses from operating funds of the commonwealth, and to provide such study and analysis to the house committee on long term debt and capital expenditures no later than October 1, 1997.
SECTION 87. The Massachusetts Turnpike Authority is hereby authorized and directed to conduct a comprehensive study and comparative analysis of the costs of paying salary and salary related expenses of metropolitan highway system employees from funds made available by transportation bond authorizations, as compared to paying such salary and salary related expenses from operating funds of the Massachusetts Turnpike Authority, and to provide such study and analysis to the house committee on long term debt and capital expenditures not later than October 1, 1997.
SECTION 88. The town of Franklin shall be reimbursed $250,000 for costs associated with the design and construction of the state highway route 140 project, specifically the portion of the project from the Pond street intersection to the town line of Bellingham.
SECTION 89. The department of highways is hereby authorized and directed to conduct a study of mitigation measures that will reduce the damage caused by excessive truck traffic on major thoroughfares in communities bordering on and directly impacted by the Central Artery/Ted Williams Tunnel Project including, but not limited to, Cambridge street from Monsignor O'Brien highway to Inman square in the city of Cambridge and Washington street from Union square in the city of Somerville to Sullivan square in the city of Boston; provided, that said department shall submit said study to the joint committee on transportation, with such mitigation recommendations, on or before September 30, 1997.
SECTION 90. Notwithstanding the provisions of any general or special law to the contrary, no new monies for improvement of the railroad lines owned by Housatonic Track, a subsidiary of the Housatonic Railroad Company, shall be released by the executive office of transportation and construction until said railroad company has entered into a master plan with said executive office to make certain improvements to the rail line in Berkshire county and said improvements have been completed and subsequently approved and inspected by the Berkshire Regional Transit Authority or said authority's designee.
SECTION 91. For the purpose of furthering the extension of commuter rail to New Bedford and Fall River, the Massachusetts Bay Transportation Authority is hereby directed, as authorized in section 2J of chapter 205 of the acts of 1996, to begin, in calendar year 1997, the design and permitting of those portions of track which extend from the city of New Bedford to Myricks junction, so-called, in the town of Berkley, and from the city of Fall River to said Myricks junction in said town of Berkley.
SECTION 92. The department of highways is hereby authorized and directed to erect sound barriers in the towns of Dedham and Westwood along state highway route 128 in those residential neighborhoods which are adjacent to said route.
SECTION 93. The metropolitan district commission, in consultation with the department of state police and the Boston transportation department, is hereby authorized and directed to study safety and traffic improvements to the Father Hart bridge and adjacent roadways in the Readville section of the city of Boston.
SECTION 94. Section 23 of chapter 465 of the acts of 1956, as most recently amended by section 2 of chapter 301 of the acts of 1993, is hereby further amended by adding the following paragraph:-
The Massachusetts Port Authority shall be expressly prohibited from making any expenditure, entering into any lease, sale, or transfer agreement or undertaking any development in connection with any project which is to be used, in whole or in part, for the purpose of a professional sports and entertainment venue or gaming facility.
SECTION 95. An area on the west side heading east, and an area on the east side heading west of the New Bedford/Fairhaven bridge on state highway route 6 over Pope's island in the city of New Bedford shall be designated with signs stating "In Memory of All Living & Deceased Merchant Mariners". A suitable marker bearing said designation shall be attached thereto by the department of highways in compliance with the standards of said department.
SECTION 96. The metropolitan district commission is hereby authorized and directed to study the drainage problems within the Stony Brook reservation and Bellevue hill area in the West Roxbury and Hyde Park sections of the city of Boston, including but not limited to the Turtle Pond parkway from River street to Enneking parkway, Enneking parkway from Gordon avenue to Washington street and West Roxbury parkway from Washington street to Center street. The commission shall file a report of its findings to the joint committee on transportation and to the house and senate committees on ways and means. The commission is hereby authorized and directed to expend not more than $50,000 on said study.
SECTION 97. The bridge on Main street, also known as state highway route 27, spanning the Massachusetts Bay Transportation Authority railroad tracks in the town of Acton shall be designated and known as the Norman D. Lake Memorial bridge, in honor of Norman D. Lake, in recognition of his service to his country as a veteran and for his service to his community. The department of highways shall erect suitable markers bearing such designation in compliance with the standards of said department.
SECTION 98. The Massachusetts Bay Transportation Authority is hereby authorized and directed to complete a study of necessary mitigation measures relative to the state highway route 128 commuter rail station project. Said study shall be completed not later than June 1, 1998. Such measures as are deemed necessary by said study or any previously directed study shall be completed not later than October 1, 1999; provided, however, that if such measures shall not be completed by October 1, 1999 then the Massachusetts Bay Transportation Authority shall submit a report to the joint committee on transportation detailing the reasons why such measures shall not be completed.
SECTION 99. Notwithstanding the provisions of any general or special law to the contrary, the department of public utilities shall study the cost and benefits associated with the creation of utility corridors along railroad rights-of-way. Said study shall include a review of locating pipeline networks for natural gas, petroleum products, the product of desalinization processes, protective conduits for fiber optic cable, and other telecommunications systems, electric distribution and transmission systems. Said study shall also review the potential risk to public health and safety of locating such systems along railroad rights-of-way. Said study shall be filed with the joint committee on transportation and the house and senate committees on ways and means within 90 days of the effective date of this act.
SECTION 100. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Bay Transportation Authority is hereby authorized and directed to expend funds authorized in item 6005-9698 of section 2H of chapter 273 of the acts of 1994 for a feasibility study for the purpose of examining access options to the 1,000 car commuter parking lot at the Old Colony commuter station in the town of Kingston at state highway route 3.
SECTION 101. Notwithstanding the provisions of any general or special law to the contrary, the department of highways shall cooperate fully with the office of travel and tourism to ensure the posting of signs signifying the "Massachusetts Wine Country Trail" in appropriate locations in and around the town of Dudley.
SECTION 102. Notwithstanding the provisions of any general or special law to the contrary, the department of highways shall allocate funds for the purpose of expanding access to a certain industrial park site in the town of Southbridge.
SECTION 103. Notwithstanding the provisions of any general or special law to the contrary, the department of highways shall study the possible redesign of the intersection of state highway route 16 and Northeast Main street in the town of Douglas.
SECTION 104. Notwithstanding the provisions of any general or special law to the contrary, the department of highways shall undertake a study of improvements to state highway route 140 near the boundaries of the towns of Franklin and Bellingham.
SECTION 105. Notwithstanding any general or special law or rule or regulation to the contrary, if the United States Department of Transportation, Federal Highway Administration Notice, Certificates of Apportionment, so-called, shall fall below the sum of $550,000,000 in any given federal fiscal year, the secretary of transportation and construction shall file a report with the joint committee on transportation and the house and senate committees on ways and means delineating all possible options to generate revenues sufficient to continue the financing of the projects authorized in sections 2, 2A, and 2B of this act; provided, that in the event that said Certificates of Apportionment fall below the sum of $550,000,000 in federal fiscal year 1999, not more than $450,000,000 in notes authorized by section 9 of this act shall be issued until the executive office of transportation and construction files the report herein mandated.
SECTION 106. The Massachusetts aeronautics commission is hereby authorized and directed to allocate the $5,000,000 authorization for Worcester Regional Airport in item 6006-9500 of section 2G of chapter 273 of the acts of 1994 pursuant to section 108 of said chapter 273 and to submit a report thereof to the joint committee on transportation not later than December 31, 1997 concerning the status of said project.
SECTION 107. The Massachusetts Bay Transportation Authority is hereby authorized and directed to develop a framework for implementation of the Washington Street Transit Replacement Service Project in the city of Boston. Such framework shall include a timetable to begin the reconstruction of Washington street between Dudley square and downtown Boston immediately; provided, however, that such timetable shall include the development of a design plan for said project. Said plan shall include: (i) the confirmation of the availability of previously authorized state funds for the project; (ii) the integration of street improvements and stations related to the new service with the surrounding residential areas and businesses; (iii) the development of an implementation strategy for a potential underground connection of the new service to the existing rapid transit system with identified alternative options and identified sources of existing or potential funding and implementation schedule; (iv) the development of a design to accommodate all transit vehicle modes on Washington street; and (v) the designation of such new service as a new color on the rapid transit map of said authority. Such framework for implementation shall be developed in coordination with the Transportation Department, Public Works Department and the Mayor's Office of Neighborhood Services of the city of Boston and all appropriate state agencies. Said authority shall submit the framework for implementation to the joint committee on transportation within 30 days of the effective date of this section.
SECTION 108. The Massachusetts Bay Transportation Authority is hereby authorized and directed to conduct a study of mitigation measures to reduce the adverse impact of the Old Colony commuter rail upon the communities impacted by such rail restoration; provided, however, that such study shall include an examination of measures to address both noise levels and air quality impact; provided further, that said authority shall submit the results of such study to the joint committee on transportation, together with such mitigation recommendations, not later than March 1, 1998.
SECTION 109. The Massachusetts Bay Transportation Authority is hereby authorized and directed to undertake a study examining the operation of buses that have been wrapped, so-called. Said study shall include, but not be limited to, an examination of the safety of passengers on such wrapped buses, including the passengers' ability to see out the windows, the safety of passengers boarding such wrapped buses, including the passengers' ability to see in the windows, and the ability of passengers to identify the vehicle as a bus. Said study shall be completed not later than January 1, 1998 and shall be submitted to the joint committee on transportation and the joint committee on public safety.
SECTION 110. Notwithstanding the provisions of any general or special law to the contrary, the commissioner of capital planning and operations may transfer lots of land, which the commonwealth acquired by eminent domain, to any person or entity who were the owners of said lots at the time of the taking of the property; provided, that the commonwealth no longer needs the property for public use. The consideration for the sale of such real property shall be the full and fair market value established by said commissioner based on an independent professional appraisal. The buyer of such real property shall pay all costs associated with the transaction including, without limitation, the costs of the procuring appraisal, of conducting a survey, and of preparing the deed.
SECTION 111. The highway department, in conjunction with the metropolitan district commission, is hereby authorized and directed to install a signalized crossing on Concord avenue between the Sozio and Ground Round rotaries, so-called, in the city of Cambridge.
SECTION 112. Notwithstanding any general or special law to the contrary, the Massachusetts Water Resources Authority is hereby authorized and directed to share, with the local municipality where the facility is located, 50 per cent of any rents, leases or licenses from any property rented, leased or licensed to a private entity for telecommunications purposes.
SECTION 113. Notwithstanding the provisions of any general or special law or rule or regulation to the contrary, the Massachusetts Turnpike Authority is hereby authorized and directed to undertake a pilot program during which the authority shall suspend all tolls on the turnpike and Boston extension from 12 o'clock noon on Wednesday, November 26, 1997, until 12 o'clock midnight on Thursday, November 27, 1997. Said authority shall review the impact of such toll suspension on revenue and traffic flow and shall report such information to the house and senate committees on ways and means and the joint committee on transportation not later than February 1, 1998. Said report shall also contain a comparison of lost revenue from said toll suspension, broken down by interchange, with the revenues collected over the same holiday period over the previous five years; and a comparison of traffic flow during said toll suspension with the traffic flow over the same holiday period over the previous five years. The department of state police is hereby authorized and directed to monitor the effect that said toll suspension has on the safety of the traveling public and the impact said toll suspension has on easing the flow of traffic. Said state police shall file a report containing such information with the house and senate committees on ways and means and the joint committee on transportation not later than February 1, 1998.
SECTION 114. The executive office of environmental affairs is hereby authorized and directed to expend at least $500,000 for the renovation and reconstruction of the Lawrence veterans memorial stadium in the city of Lawrence not later than December 31, 1997.
SECTION 115. Pursuant to the provisions of sections 2, 2A and 2B, the department of highways is hereby authorized and directed to expend a sum of not less than $400,000,000 for projects in the counties of Berkshire, Hampden, Hampshire, Franklin, Norfolk, Worcester, Essex, Middlesex, Barnstable, Bristol, Dukes, Nantucket and Plymouth; provided, however, that the department shall expend not less than $75,000,000 in the counties of Berkshire, Hampden, Hampshire and Franklin, not less than $75,000,000 in the counties of Norfolk and Worcester, not less than $75,000,000 in the counties of Essex and Middlesex and not less than $75,000,000 in the counties of Barnstable, Bristol, Dukes, Nantucket and Plymouth.