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  • Acts
  • 1997
  • Chapter 3 AN ACT RELATIVE TO THE MASSACHUSETTS TURNPIKE AUTHORITY AND THE METROPOLITAN HIGHWAY SYSTEM.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to immediately provide for the creation of the turnpike and the metropolitan highway system, 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. Paragraph (b) of subdivision (4½) of section 20 of chapter 32 of the General Laws, as amended by section 28 of chapter 306 of the acts of 1996, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- Said board shall consist of five members as follows: the chief financial officer 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 2. Paragraph (c) of said subdivision (4½) of said section 20 of said chapter 32, as appearing in the 1994 Official Edition, is hereby amended by striking out the second sentence and inserting in place thereof the following sentence:- Nothing in this paragraph shall prevent the chief financial officer, or any other person who serves in the active administration of the system in lieu of said chief financial officer, from being compensated for services rendered in the active administration of the system; provided, however, that the compensation for such services shall not be less than two hundred nor more than fifteen hundred dollars per annum, and shall be payable from the expense fund of the system.

SECTION 3. Said subdivision (4½) of said section 20 of said chapter 32, as so appearing, is hereby further amended by striking out paragraphs (e) and (f) and inserting in place thereof the following two paragraphs:-

(e) The general counsel of the authority shall be the legal adviser of the board.

(f) The chief financial officer may be compensated for services rendered as custodian of the funds of the retirement system, provided that the compensation for such services shall not be more than fifteen hundred dollars per annum and shall be payable from the expense fund of the system.

SECTION 4. Paragraph (b) of subdivision (4¾) of said section 20 of said chapter 32, as amended by section 29 of chapter 306 of the acts of 1996, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- Said board shall consist of five members as follows: the chief financial officer 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 5. Paragraph (b) of subdivision (4 7/8) of said section 20 of said chapter 32, as amended by section 30 of said chapter 306, is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- Said board shall consist of five members as follows: the chief financial officer 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 6. The General Laws are hereby amended by inserting after chapter 81 the following chapter:-


CHAPTER 81A. THE MASSACHUSETTS TURNPIKE AUTHORITY AND THE METROPOLITAN HIGHWAY SYSTEM.

Section 1. There is hereby created a body politic and corporate to be known as the Massachusetts Turnpike Authority which, while within the executive office of transportation and construction, shall not be subject to the supervision and regulation of said executive office or any other department, commission, board, bureau or agency except as specifically provided in any general or special law to the contrary. The authority is hereby authorized and empowered, subject to the provisions of this chapter, to own, construct, maintain, repair, reconstruct, improve, rehabilitate, finance, refinance, use, police, administer, control and operate (a) the turnpike as defined herein; and (b) the metropolitan highway system as defined herein.

The authority is hereby constituted a public instrumentality. The exercise by the authority of the powers conferred by this chapter shall be deemed and held to be the performance of an essential governmental function.

Section 2. The authority shall consist of three members to be appointed by the governor who shall be residents of the commonwealth, not more than two of whom shall be of the same political party. The governor shall designate one of the members as chairperson who shall serve as such during his term of office. The members of the authority in office on March first, nineteen hundred and ninety-seven shall continue for the remainder of their respective terms. The successor of each member shall be appointed for a term of eight years; provided, however, that any person appointed to fill a vacancy shall serve only for the unexpired term. A member of the authority shall be eligible for reappointment. Prior to entering upon the duties of his office, each member of the authority shall take an oath before the governor to administer the duties of his office faithfully and impartially and a record of such oath shall be filed in the office of the state secretary.

The authority shall elect one of the members as vice chairperson thereof. Two members of the authority shall constitute a quorum and the affirmative vote of two members shall be necessary for any action taken by the authority. No vacancy in the membership of the authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the authority.

For the purposes of this chapter, the chairperson of the authority shall receive an annual salary equal to the average of the annual salary of the general manager of the Massachusetts Bay Transportation Authority and the annual salary of the executive director of the Massachusetts Port Authority and the remaining members shall each receive an annual salary of twenty-five thousand eight hundred and fifty-two dollars. Each member shall be reimbursed for his actual expenses necessarily incurred in the performance of his duties. The members shall be eligible to participate in any benefit plan approved by the authority.

The authority may indemnify any member, officer or employee from personal expenses or damages incurred, arising out of any claim, suit, demand or judgment which arose out of any act or omission of such member, officer or employee, including the violation of the civil rights of any person under any federal law if, at the time of such act or omission such member, officer or employee was acting within the scope of his official duties or employment.

Section 3. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Authority", the Massachusetts Turnpike Authority established by section one.

"Boston extension", all roadways and tunnels for vehicular traffic that constitute that portion of interstate highway route 90 beginning at and including the interchange of interstate highway route 90 and state highway route 128 in the town of Weston and ending in the city of Boston at the interchange of interstate highway route 90 and interstate highway route 93 and such additional highway and bridge components as the general court may from time to time determine and including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.

"Callahan tunnel", the tunnel for vehicular traffic constructed under the provisions of chapter five hundred and ninety-eight of the acts of nineteen hundred and fifty-eight between the North End section of the city of Boston and the East Boston section of said city and including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such tunnel as are necessary for its safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.

"Central artery", all roadways and tunnels for vehicular traffic constructed by the highway department that constitute that portion of interstate highway route 93 beginning at a point immediately south of the Southampton street interchange, so-called, and continuing to and including the interchange of interstate highway route 93 and Massachusetts avenue in the South End section of the city of Boston and continuing to and including the interchange of interstate highway route 90 and interstate highway route 93 in the South Bay section of the city of Boston, so-called, and continuing to and including the interchange of state highway route 1 and interstate highway route 93 in the Charlestown section of the city of Boston including, but not limited to, the so-called Charles river crossing portion of interstate highway route 93 and such additional highway and bridge components as the general court may from time to time determine, but excluding the central artery north area. "Central artery" shall also include such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.

"Central artery north area", all roadways and tunnels for vehicular traffic constructed by the highway department consisting of a portion of state highway route 1 beginning at, but not including, the southern boundary of the Tobin memorial bridge and continuing to the interchange of interstate highway route 93 and state highway route 1, including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.

"Highway department", the department of highways established pursuant to section one of chapter sixteen.

"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 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.

"Metropolitan highway system revenues", (i) all rates, fees, tolls, rentals or other charges and other earned income and receipts as derived from or with respect to the ownership, operation, lease, rent or other use or disposition of the metropolitan highway system or any part thereof; and (ii) all other funds received by the authority, from whatever source, relating to the metropolitan highway system.

"Notes or bonds", the notes, bonds or other evidences of indebtedness of the authority issued pursuant to this chapter.

"Massachusetts Port Authority", the Massachusetts Port Authority established pursuant to chapter four hundred and sixty-five of the acts of nineteen hundred and fifty-six.

"Sumner tunnel", the vehicular tunnel under Boston harbor, heretofore constructed and financed by the city of Boston under the provisions of chapter two hundred and ninety-seven of the acts of nineteen hundred and twenty-nine, including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such tunnel as are necessary for its safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.

"Ted Williams tunnel", all or any segments of the roadways, bridges, viaducts and tunnels for vehicular traffic constructed by the highway department that constitute the interstate highway route 90 extension and its connecting roadways and tunnels, including (i) the harbor tunnel crossing beneath Boston harbor, beginning at and including the interchanges of state highway route 1A and the Logan airport access and egress roadways with interstate highway route 90 and continuing beneath Boston harbor to and including the interchange of interstate highway route 90 and South Boston Bypass road, but excluding the Logan airport access and egress roadways owned by the port authority on March first, nineteen hundred and ninety-seven and any additional access and egress roadways acquired by the Massachusetts Port Authority after March first, nineteen hundred and ninety-seven; (ii) the seaport access highway, so-called beginning at the interchange of interstate highway routes 90 and 93 and continuing to the interchange of interstate highway route 90 and South Boston Bypass road; and (iii) South Boston Bypass road, a portion of which is also known as South Boston Haul road, beginning at the interchange of interstate highway route 93 and South Boston Bypass road and continuing to the interchange of the seaport access highway, so-called, in the South Boston section of the city of Boston, including such real property and any improvements thereon, personal property, equipment, licenses, appurtenances and interests in land acquired or leased by the highway department in connection with or incident to the construction, ownership, operation, rehabilitation, reconstruction, improvement, repair, maintenance or administration of such roadways and tunnels as are necessary for their safe and efficient operation and maintenance or which are otherwise convenient or desirable to carry out the purposes of this chapter.

"Tobin memorial bridge", the bridge formerly known as the Mystic river bridge, owned and operated by the Massachusetts Port Authority pursuant to chapter four hundred and sixty-five of the acts of nineteen hundred and fifty-six.

"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 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.

"Turnpike corridor", the cities and towns of the commonwealth from the New York state border to state highway route 128 through which the turnpike runs and municipalities contiguous to such cities and towns.

"Turnpike revenues", (i) all rates, fees, tolls, rentals or other charges and other earned income and receipts derived from or with respect to the ownership, operation, lease, rent or other use or disposition of the turnpike or any part thereof; and (ii) all other funds received by the authority, from whatever source, relating to the turnpike.

Section 4. The authority is hereby authorized and empowered:

(a) to adopt by-laws for the regulation of its affairs and the conduct of its business;

(b) to adopt an official seal and alter the same at its pleasure;

(c) to maintain offices at such places within the commonwealth as it may determine and to conduct meetings of the authority in accordance with the by-laws of the authority and the provisions of the second paragraph of section fifty-nine of chapter one hundred and fifty-six B;

(d) to sue and be sued in its own name, plead and be impleaded;

(e) to own, construct, maintain, repair, reconstruct, improve, rehabilitate, use, police, administer, control and operate the turnpike or any part thereof and, consistent with agreements entered into with the highway department to the extent applicable, the metropolitan highway system or any part thereof, as it may determine; provided, however, that the provisions of chapter ninety-one shall not apply to the authority, except for any parts or areas thereof subject to said chapter ninety-one on March first, nineteen hundred and ninety-seven;

(f) to acquire sites abutting the turnpike or the metropolitan highway system and to construct or contract for the construction of buildings and appurtenances for gasoline stations, restaurants, parking facilities, tourist information centers and other services and to lease such facilities in such manner and under such terms as it may determine;

(g) to issue notes or bonds for any of its corporate purposes related to the turnpike payable solely from turnpike revenues or portions thereof pledged for their payment and to refund its notes or bonds pertaining to the turnpike or any part thereof or payable from such revenues, as provided in this chapter;

(h) to issue notes or bonds for any of its corporate purposes related to the metropolitan highway system payable solely from the metropolitan highway system revenues or portions thereof pledged for their payment and to refund its notes or bonds pertaining to the metropolitan highway system or any part thereof or payable from such revenues, as provided in this chapter;

(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; and 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 thirty days prior to the effective date of any proposed change in toll structure on the turnpike;

(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; and provided, further, that the authority shall convene at least two public hearings to be held within the metropolitan Boston area at least thirty days prior to the effective date of any proposed change in toll structure within the metropolitan highway system;

(k) to adopt such rules and regulations pursuant to the provisions of chapter thirty A and not repugnant to the provisions of the General Laws made applicable to the authority, as the authority determines necessary or appropriate to provide for or govern the construction or reconstruction, including contractor qualification, operation, maintenance, repair, rehabilitation, improvement, use, policing, control or administration of the turnpike, the metropolitan highway system or the authority's business or property affairs. Such regulations may include the authority to grant easements, permits or other forms of authorization for the installation, construction, maintenance, repair, renewal, relocation and removal of tracks, pipes, pipelines, mains, conduits, cables, wires, towers, poles and other equipment and appliances of any public utility, private entity or corporation or person owning or operating such facilities in, on, along, over or under the turnpike or the metropolitan highway system.

Such regulations may impose penalties for violations thereof which, in the case of civil penalties, may be recovered only after notice and hearing conducted by the authority or its designee and subject to judicial review and enforcement pursuant to the provisions of said chapter thirty A or such other civil proceedings under the laws of the commonwealth or the United States as the law may provide and, in the case of criminal penalties, may be recovered in a proceeding in a trial court of the commonwealth by indictment or complaint. The amount of any such civil or criminal penalty, with the exception of penalties imposed under section nineteen, shall not exceed five hundred dollars for each offense, unless the law otherwise provides. The full amount of a civil penalty shall be paid to the authority and eighty percent of a penalty recovered in a criminal proceeding shall be accounted for and paid to the authority. The authority may further provide in such regulations for adjudicatory proceedings that it or its designee conducts which are subject to judicial review and enforcement according to the provisions of said chapter thirty A;

(l) to acquire, lease, hold and dispose of real and personal property or any interest therein in the exercise of its powers and the performance of its duties pursuant to this chapter;

(m) to place and maintain or grant permission by easement or otherwise to any public utility, corporation or person to place and maintain on or under or within the turnpike or the metropolitan highway system or any part thereof, ducts, pipes, pipelines, mains, conduits, cables, wires, towers, poles or other structures to be so located as not to interfere with the safe and convenient operation and maintenance of the turnpike or metropolitan highway system and to contract with any such public utility, corporation or person for such permission on such terms and conditions as may be fixed by the authority. The construction, maintenance and repair of any such ducts, pipes, pipelines, mains, conduits, cable, wires, towers, poles or other structures shall be subject to such directions and regulations as the authority may impose.

Whenever the authority shall determine that it is necessary that any such ducts, pipes, pipelines, mains, conduits, cable, wires, towers, poles or other structures which are now or hereafter may be located in, on, along, over or under the turnpike or the metropolitan highway system be relocated or removed, the public utility, corporation or person owning or operating such facilities shall relocate or remove the same in accordance with the order of the authority. In case of any such relocation or removal of facilities, the public utility, corporation or person owning or operating the same, its successors or assigns may maintain and operate such facilities, with the necessary appurtenances, in the new location for as long a period and upon the same terms and conditions as it had the right to maintain and operate such facilities in their former location;

(n) to acquire in the name of the authority by purchase or otherwise, on such terms and conditions and in such manner as it may deem proper or by the exercise of the power of eminent domain in accordance with the provisions of chapter seventy-nine or any alternative method now or hereafter provided by law, such public lands and any fee simple absolute or lesser interest in such private property, or part thereof or rights therein as it may deem necessary for carrying out the provisions of this chapter;

(o) to designate the locations and establish, limit and control such points of ingress to and egress from the turnpike as may be necessary, convenient or desirable in the judgment of the authority to insure the proper operation and maintenance of the turnpike and to prohibit entrance to the turnpike from any point not so designated;

(p) to (i) construct grade separations at locations where the turnpike or metropolitan highway system intersect with or abut public highways or rail lines and to change and adjust the lines and grades of such highways or rail lines so as to accommodate the same to the design of such grade separation; and (ii) change the location of any portion of any public highway or rail line which intersects or abuts the turnpike or the metropolitan highway system in order to improve the safety or efficiency of the turnpike or metropolitan highway system; provided, however, that if the authority shall find it necessary to change the location of a public highway, it shall, after consultation with the highway department, reconstruct the same in as good a condition as the original highway and at such location as the authority, after such consultation, deems most favorable. All costs incident to construction, realignment or reconstruction conducted pursuant to this clause shall be borne by the authority;

(q) to enter upon any lands, waters and premises in the commonwealth for the purpose of making surveys, soundings, drillings and examinations as the authority may deem necessary, convenient or desirable for carrying out the purposes of this chapter and such entry shall not be deemed a trespass nor shall an entry for such purposes be deemed an entry under any condemnation proceedings which may be then pending. The authority shall provide reimbursement for any actual damage resulting to such lands, waters and premises as a result of such activities. The commonwealth hereby consents to the use of all lands owned by it, including lands lying underwater, which are deemed by the authority to be necessary, convenient or desirable for the construction, operation or maintenance of the turnpike and the metropolitan highway system;

(r) to make and enter into all contracts and agreements necessary, convenient or desirable in the performance of its duties and the execution of its powers under this chapter including, but not limited to, contracts or agreements with state, local or regional public agencies and authorities which the authority deems necessary, convenient, or desirable for the ownership, construction, operation, maintenance, repair, reconstruction, improvement, rehabilitation, use, control, administration or policing of the turnpike or any part thereof and the metropolitan highway system or any part thereof and agreements with the highway department and the Federal Highway Administration with respect to compliance with the provisions of Titles 23 and 49 of the United States Code as they may apply to the turnpike or the metropolitan highway system; provided, however, that sections twenty-six to twenty-nine, inclusive, and sections forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine and sections thirty-nine F to thirty-nine M, inclusive, of chapter thirty shall apply to contracts of the authority to the same extent and in the same manner as they are applicable to the commonwealth. Notwithstanding the provisions of this clause, the authority may, with the approval of the secretary of the executive office of transportation and construction, without competitive bids and notwithstanding the provisions of any general or special law to the contrary, award a contract, otherwise subject to this section, limited to the performance of emergency repairs necessary to preserve the safety of persons or property;

(s) to employ consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, toll collectors and such other employees and agents as may be necessary in its judgment, and to fix their compensation;

(t) to receive and accept from any federal agency grants for or in aid of the ownership, construction, operation, maintenance, repair, reconstruction, improvement, rehabilitation, use, control, administration or policing of the turnpike or any part thereof and the metropolitan highway system or any part thereof and to receive and accept aid or contributions from any source of either money, property, labor or other things of value to be held, used and applied only for the purposes for which such grants and contributions may be made; and

(u) to do all acts and things necessary, convenient or desirable to carry out the powers expressly granted in this chapter.

Section 5. (a) For the purposes of this section, (i) the term "cost" shall mean any or all costs, whenever incurred, related to the turnpike or the metropolitan highway system or any part thereof including, without limitation, amounts for the following: acquisition, construction, maintenance, repair, reconstruction, improvement, rehabilitation, use, policing, administration, control or operation of facilities; acquisition of real or personal property; demolitions and relocations; labor, materials, machinery and equipment; services of architects, engineers and environmental and financial experts and other consultants; feasibility studies, plans, specifications and surveys; interest prior to and during the carrying out of any project and for a reasonable period thereafter; reserves for debt service or other capital or current expenses; costs of issuance; working capital, administrative expenses, legal expenses and other expenses necessary or incidental to the aforesaid, to the financing thereof and to the issuance of notes or bonds under the provisions of this chapter; and (ii) the words "costs of issuance" shall mean any amounts payable or reimbursable directly or indirectly by the authority and related to the sale and issuance of notes or bonds and the investment of the proceeds thereof and of revenues securing the same including, without limitation, printing costs, filing and recording fees, fees and charges of trustees, depositories, authenticating agents and paying agents, legal and auditing fees and charges, financial consultant fees, costs of credit ratings, premiums for insurance and fees payable for letters or lines of credit or other credit facilities securing notes or bonds, underwriting or placement costs, fees and charges for execution, transportation and safekeeping of notes or bonds, costs and expenses of refunding and other costs, fees and charges in connection with the foregoing.

(b) The authority is hereby authorized to provide by resolution at one time or from time to time for the issuance of notes or bonds of the authority to pay any costs relating to the ownership, construction, maintenance, repair, reconstruction, improvement, rehabilitation, use, policing, administration, control or operation of the turnpike or the metropolitan highway system or any part thereof and to fulfill any of its corporate purposes including, without limitation, for the purpose of providing funds (i) to refund or otherwise repay any or all debt or other obligations of the authority relating to the metropolitan highway system or any part thereof including, without limitation, any notes issued pursuant to chapter one hundred and two of the acts of nineteen hundred and ninety-five; (ii) to refund or otherwise pay any or all other debt or obligations of the authority relating to the turnpike, as defined in chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two, and to allocate such debt or obligations between the turnpike and the metropolitan highway system as the authority deems appropriate; (iii) to make any additional payments to the commonwealth relating to the acquisition by the authority of the central artery, the central artery north area and the Ted Williams tunnel pursuant to section twelve; and (iv) to pay any cost relating to the design, construction, operation, maintenance, administration or policing of the metropolitan highway system or any part thereof prior to their acquisition by the authority.

(c) The authority is hereby authorized and directed to provide by resolution at one time or from time to time for the issuance of notes or bonds of the authority to pay any or all debt or obligations assumed by the authority for any costs relating to the ownership, construction, maintenance, repair, reconstruction, improvement, rehabilitation, use, policing, administration, control or operation of the metropolitan highway system or any part thereof, as recommended in the report of the consultant team on the joint feasibility study regarding the metropolitan highway system dated December first, nineteen hundred and ninety-six authorized pursuant to section thirteen of chapter one hundred and two of the acts of nineteen hundred and ninety-five, as appearing in section one of chapter two hundred and seventy-three of the acts of nineteen hundred and ninety-five.

(d) The notes or bonds may be issued as general obligations of the authority or as special obligations of the authority payable, in the case of notes or bonds relating to the turnpike solely from turnpike revenues or any part thereof and, in the case of notes or bonds relating to the metropolitan highway system, solely from metropolitan highway system revenues or any part thereof. The authority may also provide by resolution for the issuance from time to time of temporary notes in anticipation of revenues to be collected or received by the authority or in anticipation of the receipt of other grants or aid.

The notes or bonds shall be dated, shall bear interest at such rates, either fixed or variable, and shall mature at such times, in the case of notes and any renewals thereof within ten years after their respective dates and, in the case of bonds, not exceeding forty years from their date, as may be determined by the authority and may be made subject to purchase or redeemable before maturity upon the satisfaction of such terms or conditions as may be specified by the authority or at the option of the authority or subject to purchase or redemption prior to maturity at the option of the holder thereof, in either case at such prices and under such terms and conditions as may be fixed by the authority prior to the issuance of the notes or bonds. The authority shall determine the form of the notes or bonds, including any interest coupons to be attached thereto, and shall fix the denominations of such notes or bonds and the places of payment of principal and interest which may be at any bank or trust company within or without the commonwealth.

(e) The notes or bonds shall be signed by the chairman of the authority or shall bear his facsimile signature and shall bear the official seal of the authority or a facsimile thereof, attested by the manual or facsimile signature of the chief financial officer of the authority, and any coupons attached thereto shall bear the facsimile signature of the chairman of the authority. In case an officer whose signature or a facsimile of whose signature shall appear on any notes, bonds or coupons shall cease to be such officer before the delivery of such notes, bonds or coupons, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.

The authority may also establish and maintain a system of registration for any notes or bonds whereby the name of the registered owners, the rights evidenced by the notes or bonds, the transfer of the notes or bonds and such rights and other similar matters shall be recorded in books or other records maintained by or on behalf of the authority and no instrument evidencing such notes or bonds or rights shall be required to be delivered to the registered owner by the authority. A copy of the books or other records of the authority pertaining to any notes or bonds registered under such registration system certified by an authorized officer of the authority or by the agent of the authority maintaining such system shall be admissible in any proceeding without further authentication.

All notes or bonds issued under the provisions of this chapter shall have and are hereby declared to have all the qualities and incidents of negotiable instruments, including negotiability of investment securities, under the Uniform Commercial Code. The notes or bonds may be issued in coupon or in registered form or both as the authority may determine and provisions may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest for the reconversion into coupon bonds of any bonds registered as to both principal and interest and for the interchange of registered and coupon bonds.

The authority may sell such notes or bonds in such manner, either at public or private sale, and for such prices as it may determine to be in the best interest of the authority. The authority may enter into such arrangements as it deems necessary or appropriate in connection with such notes or bonds to obtain insurance or other credit or liquidity support for such notes or bonds.

(f) The authority shall have power from time to time to issue renewal notes, to issue bonds to pay notes and to refund any bonds by the issuance of new bonds, whether the bonds to be refunded have or have not matured, and may issue bonds partly to refund bonds then outstanding and partly for any other purpose. The refunding bonds shall be sold and the proceeds applied to the purchase, redemption or other payment of the bonds to be refunded. The authority shall, prior to the issuance of notes and bonds pursuant to this clause, notify the house committee on long term debt and capital expenditures and the house committee on ways and means in writing of the authority's intention to issue such notes or bonds and the amounts thereof and a description of the notes or bonds they are replacing.

(g) Notes or bonds may be issued under the provisions of this chapter without obtaining the consent of any department, division, commission, board, bureau or agency and without any other proceedings or the happening of any other conditions or things other than those proceedings, conditions or things which are specifically required by this chapter.

(h) Neither the members of the board nor any person executing the notes or bonds shall be liable personally on the notes or bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

(i) Notes or bonds issued under the provisions of this chapter shall not constitute a debt of the commonwealth or of any political subdivision thereof or a pledge of the faith and credit of the commonwealth or of any such political subdivision but such notes or bonds shall be payable solely from the funds herein provided therefor from turnpike revenues or metropolitan highway system revenues, as applicable. All such notes or bonds shall contain on their face a statement to the effect that neither the commonwealth nor the authority shall pay the same or the interest thereon except from revenues of the turnpike or the metropolitan highway system, as applicable, and that neither the faith and credit nor the taxing power of the commonwealth or of any political subdivision thereof is pledged to the payment of the principal of or the interest on such notes or bonds.

(j) In connection with or incidental to the acquisition or carrying of any investment or program of investment or carrying of notes or bonds, the authority may enter into such contracts as it may determine to be necessary or appropriate to place the investment or obligation of the authority, as represented by the notes or bonds, investment or program of investment and the contracts, in whole or in part, on such interest rate or cash flow basis as it may desire including, without limitation, interest rate swap agreements, insurance agreements, forward payment conversion agreements, futures contracts, contracts providing for payments based on levels of or changes in interest rates or stock or other indices, contracts to exchange cash flows or a series of payments and contracts to hedge payment, rate, spread or similar exposure including, without limitation, interest rate floors or caps, options, puts and calls. Such contracts shall contain such payment, security, default, remedy and other terms and conditions as the authority may deem appropriate and shall be entered into with such parties as the authority may select after giving due consideration, where applicable, for the creditworthiness of such parties, including any rating by a nationally recognized rating agency or any other criteria as may be appropriate.

(k) The authority may by resolution delegate to any officer of the authority the power to determine any of the matters set forth in this section.

(l) Notwithstanding any provision in this chapter to the contrary, the authority shall not issue any notes or bonds for any purpose authorized in this chapter without prior approval by law; provided, however, that the authority may, without such prior approval but upon written notification to the house committee on long term debt and capital expenditures and the house committee on ways and means, issue notes and bonds for the purpose of refunding any notes or bonds of the authority outstanding as of March first, nineteen hundred and ninety-seven or for the purpose of making any additional payment to the commonwealth relating to the acquisition by the authority of the central artery, the central artery north area and the Ted Williams tunnel pursuant to section twelve and for the purposes of notes and bonds issued pursuant to subsection (c).

Section 6. In the discretion of the authority, the notes or bonds issued under the provisions of this chapter may be secured by a bond resolution, trust agreement or other agreement in such form and executed in such manner as may be determined by the members, by and between the authority and a corporate trustee, which may be any trust company or bank having the powers of a trust company within or without the commonwealth. Such bond resolution, trust agreement or other agreement providing for the issuance of such notes or bonds may pledge or assign the tolls and other revenues to be received but shall not convey or mortgage the turnpike, the metropolitan highway system or any part thereof. Such pledge shall be valid and binding from the time when the pledge is made and the tolls or other revenues so pledged and thereafter received by the authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act and the lien of any such pledge shall be valid and binding against all parties having claims of any kind against the authority without regard to whether such parties have notice thereof. None of the bond resolution, trust agreement or other agreement by which a pledge is created shall be required to be filed or recorded except in the records of the authority.

Such bond resolution, trust agreement or other agreement providing for the issuance of notes or bonds may contain such provisions for protecting and enforcing the rights and remedies of the holders of the notes or bonds as may be reasonable and proper including, without limiting the generality of the foregoing, provisions defining defaults and providing for remedies in the event thereof which may include the acceleration of maturities, restrictions on the individual right of action by bondholders and covenants setting forth the duties of and limitations on the authority in relation to the ownership, acquisition, construction, improvement, enlargement, alteration, equipping, furnishing, maintenance, use, operation, repair, reconstruction, rehabilitation, policing, administration, insurance and disposition of the turnpike and metropolitan highway system, the custody, safeguarding, investment and application of moneys, the issuance of additional or refunding bonds, the fixing, revision, charging and collection of tolls, the use of any surplus bond proceeds, the establishment of reserves and the making and amending of contracts. It shall be lawful for any bank or trust company incorporated under the laws of the commonwealth which may act as depository of the proceeds of notes or bonds or of revenues to furnish such indemnifying bonds or to pledge such securities as may be required by the authority.

Section 7. Any holder of notes or bonds issued under the provisions of this chapter or any of the coupons appertaining thereto and the trustee under any bond resolution, trust agreement or other agreement, except to the extent the rights herein given may be restricted by such bond resolution, trust agreement or other agreement, may, in any court by action or other proceeding, protect and enforce any and all rights under the laws of the commonwealth or granted hereunder or under such bond resolution, trust agreement or other agreement authorizing the issuance of such notes or bonds and may enforce and compel the performance of all duties required by this chapter or by such bond resolution, trust agreement or other agreement to be performed by the authority or by any officer thereof, including the fixing, charging and collecting of tolls.

Section 8. The exercise of the powers granted by this chapter shall be in all respects for the benefit of the people of the commonwealth, for the increase of their commerce and prosperity and for the improvement of their health and living conditions and as the operation and maintenance of the turnpike and the metropolitan highway system by the authority shall constitute the performance of essential governmental functions, the authority shall not be required to pay any taxes or assessments upon the turnpike, the metropolitan highway system or any property acquired or used by the authority under the provisions of this chapter or upon the income therefrom, except as may be otherwise provided by this chapter and the notes or bonds issued under the provisions of this chapter, their transfer and the income therefrom, including any profit made on the sale thereof, shall at all times be free from taxation by and within the commonwealth.

Section 9. Notes or bonds issued by the authority under the provisions of this chapter are hereby made securities in which all public officers and public bodies of the commonwealth and its political subdivisions, all insurance companies and savings banks, cooperative banks and trust companies in their banking department and within the limits set by section fourteen of chapter one hundred and sixty-seven E banking associations, investment companies, executors, trustees and other fiduciaries and all other persons whatsoever who are now or may hereafter be authorized to invest in notes, bonds or other obligations of a similar nature may properly and legally invest funds, including capital in their control or belonging to them, and such notes or bonds are hereby made obligations which may properly and legally be made eligible for the investment of savings deposits and the income thereof in the manner provided by section fifteen B of chapter one hundred and sixty-seven. Such notes or bonds are hereby made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the commonwealth for any purpose for which the deposit of notes or bonds of other obligations of the commonwealth is now or may hereafter be authorized by law.

Section 10. (a) The authority is hereby authorized to charge and collect and from time to time fix and revise tolls for transit over the turnpike and the different parts or sections thereof, subject to such classifications of vehicles and manners of collection as the authority determines desirable and subject to provisions of clause (i) of section four. Such tolls shall be so fixed and adjusted as to provide, at a minimum, a fund sufficient with other revenues, if any, to pay (a) costs incurred in furtherance of this chapter related to the turnpike including, but not limited to, the cost of owning, maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling and operating the turnpike; and (b) the principal of, redemption premium, if any, and the interest on notes or bonds relating to the turnpike as the same shall become due and payable and to create and maintain reserves established for any of the authority's corporate purposes. Such tolls shall not be subject to supervision, regulation, approval or disapproval by any department, division, commission, board, bureau or agency of the commonwealth or any political subdivision thereof.

(b) The authority is hereby authorized to charge and collect and from time to time fix and revise tolls for transit over or through the metropolitan highway system or any part thereof subject to such classifications of vehicles and manners of collection as the authority determines desirable and subject to provisions of clause (j) of section four. Such tolls shall be so fixed and adjusted as to provide, at a minimum, a fund sufficient with other revenues, if any, to pay (a) costs incurred in furtherance of this chapter related to the metropolitan highway system including, but not limited to, the cost of owning, constructing, maintaining, repairing, reconstructing, improving, rehabilitating, policing, using, administering, controlling and operating the metropolitan highway system; and (b) the principal of, redemption premium, if any, and the interest on notes or bonds relating to the metropolitan highway system as the same shall become due and payable and to create and maintain reserves established for any of the authority's corporate purposes; provided, however, that the authority shall not charge or collect a toll for transit through the Callahan tunnel, the Sumner tunnel or the Ted Williams tunnel by official vehicles of the commonwealth or any municipality, political subdivision or instrumentality thereof, including police, fire and ambulance vehicles, while such vehicles are on official business.

Section 11. All moneys received by the authority, whether as proceeds from the sale of notes or bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this chapter. The resolution authorizing the notes or bonds or the trust agreement securing such notes or bonds shall provide that any officer with whom, or any bank or trust company with which, such moneys shall be deposited shall act as trustee of such moneys and shall hold and apply the same for the purposes hereof, subject to such regulations as this chapter and such resolution or trust agreement may provide.

Section 12. (a) For the purposes of this section, the word "facility" shall mean the central artery, the central artery north area and the Ted Williams tunnel, either together or separately, as are defined in section three.

(b) The authority and the highway department are hereby authorized and directed to do all things necessary and convenient to provide for the orderly transfer to the authority of the ownership and control of, including the obligation to operate and maintain, each facility or any part thereof. Said highway department shall transfer each such facility, as one entity or in segments, to the authority pursuant to one or more written agreements, such transfer to occur promptly after the chief engineer of the authority and the chief engineer of the highway department, or their designees, jointly determine and certify to the authority and to the highway department that the authority can safely open each such facility or segment thereof to vehicular traffic or that such facility can safely be used for its intended purpose. Such agreements shall include, but not be limited to, provisions for (i) a protocol for the certification of both the highway department and said authority that each such facility or segment thereof may be safely opened to vehicular traffic or safely used for its intended purpose; (ii) the scheduling of the transfer of each such facility as one entity or in segments; (iii) the allocation of all obligations arising from permits, licenses, approvals, mitigation commitments and other agreements entered into by, or legal obligations imposed upon, said highway department in connection with the design, construction, operation and maintenance of each such facility or segment thereof not satisfied or otherwise discharged prior to such transfer by said highway department; (iv) the allocation of warranties, indemnities, liabilities and other rights associated with the design, construction, operation and maintenance of each such facility or segment thereof consistent with the provisions of subsection (c); (v) protocols governing the operation and maintenance of each such facility during final construction and equipment start-up and testing and such continued access to or use of each such facility or segment thereof by said highway department as may be necessary for the public convenience; (vi) the conveyance of the real and personal property interests to be transferred with each such facility; provided, however, that the real property interests transferred to the authority shall consist solely of, and in no event exceed, those interests in real property acquired by said highway department prior to March first, nineteen hundred and ninety-seven as such interests are defined in any order of taking, deed, easement or other instrument recorded or filed at the appropriate registry of deeds or registry district of the land court as of March first, nineteen hundred and ninety-seven or as may be amended by any instrument recorded or filed subsequent thereto and such interests as are necessary, convenient or desirable for the construction, operation or maintenance of each such facility or segment thereof, as may be acquired by said highway department after March first, nineteen hundred and ninety-seven or as may be amended by any instrument recorded or filed subsequent thereto; (vii) the amount and terms of any additional payments that may be made by the authority to the commonwealth for credit to the Capital Expenditure Reserve Fund established pursuant to section two DD of chapter twenty-nine in connection with or related to the acquisition of each such facility or segment thereof; and (viii) such other terms and conditions as the authority and the highway department agree are necessary, convenient or desirable to effectuate the orderly transfer of the ownership, control, operation and maintenance of each such facility or segment thereof.

(c) Upon the transfer of each such facility or segment thereof by the highway department to the authority pursuant to this section, the authority shall be responsible for the operation and maintenance of each such facility or segment thereof and, except as otherwise agreed to by the parties, the highway department shall cease to be responsible for such operation and maintenance; provided, however, that except as otherwise agreed to by the parties, the highway department shall continue to require its contractors to complete construction of each such facility or segment thereof pursuant to their contracts and pursuant to chapters thirty and one hundred and forty-nine and the authority shall have no such responsibility. All warranties and all contract and indemnification rights and obligations arising out of the design, construction, operation and maintenance of each such facility or segment thereof shall remain in full force and effect following such transfer. The provisions of this section shall not limit or impair the rights, remedies or defenses of the commonwealth, the highway department or the authority in or to any such action including, without limitation, the provisions of section eighteen of chapter eighty-one and chapter two hundred and fifty-eight.

(d) Upon the request of the authority or the Massachusetts Port Authority, the highway department shall make available to the authority or to said port authority for its review and comment all plans, specifications and other design and construction documents prepared for each such facility and shall permit the authority or said port authority to inspect each such facility, subject to such reasonable safety rules and procedures as may be established by the highway department. Said highway department shall consider the written comments of the authority and said port authority with respect to the design and construction of each such facility and shall respond in writing to the comments within thirty days of receipt thereof; provided, however, that neither the authority nor said port authority shall have any right of approval over the design or construction of each such facility.

(e) Said port authority shall enter into agreements with the authority and, to the extent necessary, with the highway department, with respect to the Tobin memorial bridge and such other roadways as the parties may agree for the purpose of participating in a unified, safe and efficient operating network of related and connected transportation systems within the metropolitan Boston area.

(f) Said port authority's participation in the metropolitan highway system including, without limitation, its acquisition of designated components or segments of the metropolitan highway system shall be effectuated through agreements with the authority and, to the extent necessary, convenient or desirable, the highway department. Such agreements shall include, but not be limited to, provisions related to (i) the acquisition by said port authority of designated components or segments of the metropolitan highway system including, but not limited to, the components described in clause (iv) of paragraph (a) of section thirteen of chapter one hundred and two of the acts of nineteen hundred and ninety-five, as appearing in section one of chapter two hundred and seventy-three of the acts of nineteen hundred and ninety-five; (ii) the assumption of operation and maintenance responsibilities by said port authority for designated components or segments of the metropolitan highway system; and (iii) as authorized and directed pursuant to sections eleven and thirteen of said chapter one hundred and two of the acts of nineteen hundred and ninety-five, the amount of any lump sum or installment payments, which shall equal two hundred million dollars, plus any additional payments recommended by the joint asset assessment study, to the commonwealth for credit to the Capital Expenditure Reserve Fund established pursuant to section two DD of chapter twenty-nine by said port authority for any such acquisition and annual contributions by said port authority to the authority for the costs of operating and maintaining any portion of the metropolitan highway system either by direct payments to the authority or by equivalent in kind contributions made by said port authority's assumption of the operation and maintenance of designated components or segments of the metropolitan highway system. The acquisition of components or segments of the metropolitan highway system by said port authority shall be accomplished in a manner consistent in all respects to the transfer process set forth in section twelve.

(g) Notwithstanding the provisions of sections forty E to forty I, inclusive, of chapter seven, the highways commission is hereby authorized and directed to execute any and all agreements authorized pursuant to this section, together with all instruments necessary to effectuate such agreements, on behalf of the commonwealth.

(h) Nothing in this chapter shall be construed to impair or nullify the terms and conditions set forth in any and all written agreements between the city of Boston and the highway department concerning the central artery or the Ted Williams tunnel including, specifically, the land disposition agreement dated June tenth, nineteen hundred and ninety-two and the joint traffic management and construction coordination agreement dated June twenty-ninth, nineteen hundred and ninety-four, as amended on October ninth, nineteen hundred and ninety-six.

(i) All contracts, agreements and memoranda of understanding between the authority, the Massachusetts Port Authority, the highway department and any other local, regional, state or federal governmental body which relate to the governance, operation, maintenance, transfer, construction or financing of the metropolitan highway system or any part thereof shall be submitted to the house committee on ways and means and the house clerk.

Section 13. The authority may take by eminent domain in accordance with the provisions of chapter seventy-nine or any alternative method now or hereafter provided by general law, any public land and any fee simple absolute or lesser interest in private property or part thereof or rights therein as it may deem necessary for carrying out the provisions of this chapter.

Whenever a parcel of private property so taken is used in whole or in part for residential purposes, the owner of such parcel may, within thirty days of the date of the authority's notice to vacate such parcel, appeal to the authority for a postponement of the date set for such vacating, whereupon the authority shall grant to the owner a postponement of three months from the date of such appeal; provided, however, that the appeal for such postponement shall be in the form of a written request to the authority sent by registered mail, return receipt requested; and provided, further, that the provisions of section forty of said chapter seventy-nine shall govern the rights of the authority and of any person whose property shall be so taken.

The authority shall have power, in the process of constructing, reconstructing, repairing, rehabilitating, improving, policing, using or administering all or any part of the turnpike or metropolitan highway system to take by eminent domain pursuant to chapter seventy-nine, such land abutting the turnpike or metropolitan highway system as it may deem necessary or desirable for the purposes of removing or relocating all or any part of the facilities of any public utility, including rail lines, and may thereafter lease the same or convey an easement or any other interest therein to such utility company upon such terms as it, in its sole discretion, may determine. Notwithstanding the provisions of any general or special law to the contrary, the relocation of the facilities of any public utility, including rail lines, in accordance with the provisions of this section shall be valid upon the filing of the plans thereof with the department of public utilities, if applicable.

Except as otherwise provided by law, any sale of real property shall be awarded, after advertisement for bids, to the bidder who is the highest responsible bidder. The authority shall have the right to reject all bids and to readvertise for bids. Before any real property shall be so sold or conveyed, notice that such real property is for sale shall be publicly advertised in two daily newspapers of general circulation published in the city of Boston, and, if such real property is located in any other city or town, in a newspaper of general circulation published in such other city or town, once a week for three successive weeks. Such advertisements shall state the time and place where all pertinent information relative to the real property to be sold or conveyed may be obtained and the time and place of opening the bids in answer to such advertisements and that the authority reserves the right to reject any or all such bids. All bids in response to advertisements shall be sealed and shall be publicly opened by the authority. Said authority may require, as evidence of good faith, that a deposit of a reasonable sum, to be fixed by the authority, accompany the proposals. The provisions of this paragraph shall not be applicable to any sale of real property by the authority to the commonwealth or any city, town or public instrumentality nor to a sale of real property which is determined by the authority to have a fair market value of five thousand dollars or less.

The authority may sell the buildings or other structures upon any lands taken by it or may remove the same and shall sell, if a sale be practicable or, if not, shall lease, if a lease be practicable, any lands or rights or interest in lands or other property taken or purchased for the purposes of this chapter, whenever the same shall, in the opinion of the authority, cease to be needed for such purpose.

Notwithstanding the provisions of any general or special law to the contrary, all counties, cities, towns and other political subdivisions and all public agencies, authorities and commissions of the commonwealth are hereby authorized and empowered to lease, lend, grant or convey to the authority at its request upon such terms and conditions as the proper authorities of such counties, cities, towns, political subdivisions, agencies, authorities and commissions may deem reasonable and fair and without the necessity for any advertisement, order of court or other action or formality, other than the regular and formal action of the authorities concerned, any real property, improvements or personal property which may be necessary or convenient to the effectuation of the authorized purposes of the authority, including public roads, bridges and other real property, improvements or personal property already devoted to public use.

Section 14. Real property of the authority other than property leased pursuant to sections fifteen and sixteen, if leased, used, or occupied in connection with a business conducted for profit, shall, at the discretion of the municipality for the privilege of such lease, use or occupancy, be valued, classified, assessed and taxed annually as of January first to the lessee, user or occupant in the same manner and to the extent as if such lessee, user or occupant were the owner thereof in fee. No tax assessed under this section shall be a lien upon the real estate to which it is assessed nor shall any tax be enforced by any sale or taking of such real estate but the interest of any lessee therein may be sold or taken by the collector of the city or town in which the real estate lies for the nonpayment of such taxes in the manner provided by law for the sale or taking of real estate for nonpayment of annual taxes. Such collector shall have for the collection of taxes under this section all other remedies provided by chapter sixty for the collection of annual taxes upon real estate.

Section 15. In addition to any other power the authority may have to make leases, the authority may lease at one time or from time to time for terms not to exceed ninety-nine years, upon such terms and conditions as the authority in its discretion deems advisable, air rights over land owned or held by the authority in connection with the turnpike and the Boston extension portion of the metropolitan highway system, including rights for support, access, utilities, light and air, for such purposes as, in the opinion of the authority, shall not impair the construction, full use, safety, maintenance, repair, operation or revenues of the turnpike or the metropolitan highway system; provided, however, that any such lease for a period of forty years or more shall be subject to the approval of the governor. Any lease granted under this section may, with the consent of the authority, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action.

Use of air rights leased under this section respecting land within the territorial limits of the city of Boston and the construction and occupancy of buildings or other things erected or affixed pursuant to any such lease shall be made in accordance with the provisions of the state building code enacted pursuant to chapter one hundred and forty-three and such other requirements as the authority deems necessary or advisable to promote the public health, convenience and safety of persons and property but shall not be subject to any other building, fire, garage, health or zoning law or any building, fire, garage, health or zoning ordinance, rule or regulation applicable in the city of Boston.

The authority shall not lease any air rights in a particular location unless it shall find that the construction and use of buildings or other things to be erected or affixed pursuant to any such lease shall be in no way detrimental to the maintenance, use and operation of the turnpike or the metropolitan highway system and, in the city of Boston, unless the authority shall also find, after consultation with the mayor that the construction and use of such buildings or other things shall preserve and increase the amenities of the community.

The construction or occupancy of any building or other thing erected or affixed under any lease under this section of air rights respecting land outside the territorial limits of the city of Boston shall be subject to the building, fire, garage, health and zoning laws and the building, fire, garage, health and zoning ordinances, by-laws, rules and regulations applicable in the city or town in which such building or other thing is located.

A copy of all leases granted by the authority under this section shall be filed by the authority with the governor and with the mayor or chairperson of the board of selectmen of the respective city or town and such leases shall be deemed to be public records within the meaning of chapter sixty-six.

Neither such air rights nor any buildings or other things erected or affixed pursuant to any such lease nor the proceeds from any such lease shall be taxed or assessed to the authority under any general or special law; provided, however, that buildings and other things erected or affixed pursuant to any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided, further, that no part of the value of the land shall be included in any such assessment; and provided, further, that payment of any such taxes shall not be enforced by a lien upon or sale or taking of such land except that the leasehold estate may be sold or taken by the collector of taxes of the city or town wherein such real estate is situated for the nonpayment of any tax assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by the General Laws for the collection of taxes by collectors of cities and towns.

The authority shall include in any lease of such air rights a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by any court of competent jurisdiction to be inapplicable, to pay annually to the city or town wherein such building or other thing leased is located, a sum of money in lieu of taxes which would otherwise be assessed for such year.

Section 16. In addition to any other power the authority may have to make leases, the authority may lease at one time or from time to time for terms not to exceed ninety-nine years, upon such terms and conditions as the authority in its discretion deems advisable, land owned by the authority and no longer required for the maintenance, repair, reconstruction, improvement, use, administration or operation of the turnpike or the Boston extension of the metropolitan highway system; provided, however, that any such lease for a period of forty years or more shall be subject to the approval of the governor. A lease granted under this section may, with the consent of the authority, be assigned, pledged or mortgaged and the lien of such pledge or mortgage may be foreclosed by appropriate action.

The construction or occupancy of any building or other thing erected or affixed under any lease of land under this section shall be subject to the building, fire and zoning laws, ordinances or by-laws applicable in the city or town wherein such building or other thing is located.

A copy of all leases granted by the authority under the provisions of this section shall be filed by the authority with the governor and with the mayor or chairman of the board of selectmen of the respective city or town and such leases shall be deemed to be public records within the meaning of chapter sixty-six.

Neither such land nor any buildings or other things erected or affixed pursuant to any such lease nor the proceeds from any such lease shall be taxed or assessed to the authority under any general or special law; provided, however, that such land and buildings and other things erected or affixed pursuant to any such lease shall be taxed to the lessee thereof or his assigns in the same manner and to the same extent as if such lessee or his assigns were the owners of the land in fee; provided, further, that payment of any such taxes shall not be enforced by a lien upon or sale or taking of such land except that the leasehold estate may be sold or taken by the collector of taxes of the city or town wherein such land is situated for the nonpayment of any tax assessed as aforesaid in the manner provided by law for the sale or taking of real estate for nonpayment of local taxes. Such collector shall have for the collection of taxes assessed under this section all other remedies provided by the General Laws for the collection of taxes by collectors of cities and towns.

The authority shall include in any lease of such land a provision whereby the lessee agrees, in the event that the foregoing tax provision is determined by any court of competent jurisdiction to be inapplicable, to pay annually to the city or town in which such leased land is located a sum of money in lieu of taxes which would otherwise be assessed for such year.

Section 17. The secretary of the executive office of transportation and construction and the chairman of the authority shall submit a report to the joint committee on transportation and the house and senate committees on ways and means on or before September first, nineteen hundred and ninety-seven and every six months thereafter, which shall include, but not be limited to, the status and schedule of the construction of the central artery tunnel project; an analysis of the commonwealth's ability to fund the state's share of the central artery tunnel project; the amount of federal funds available for the central artery tunnel project and the statewide program, so-called; the effect of this chapter in meeting the operation, administration and financial needs of such central artery tunnel project and statewide program; the financial status of the turnpike, including all revenues generated and the cost of maintenance and operation and any special legislation, recommendations or resources required to meet the needs of the metropolitan highway system, the turnpike and the statewide program.

Section 18. The authority shall establish and implement for the turnpike a local tourism grant program for the benefit of cities and towns located within the turnpike corridor. Such grant program shall be funded, subject to the rights of the holders of notes or bonds of the authority issued for the turnpike, from turnpike revenues, on an annual basis in an amount of not less than one million dollars; provided, however, that notwithstanding any requirements of this section, for each of the calendar years nineteen hundred and ninety-seven, nineteen hundred and ninety-eight and nineteen hundred and ninety-nine, a sum of not less than two hundred and fifty thousand dollars and not more than three hundred thousand dollars allocable to the tourism grant program shall be directed annually to the Commonwealth Visitor Information Services Travel Alliance established by section nineteen of chapter one hundred and two of the acts of nineteen hundred and ninety-five or to such cities, towns or other public entities that said Travel Alliance may recommend to the authority. Said grant program shall be administered in accordance with procedures promulgated under chapter thirty A.

The authority shall also establish and implement for the metropolitan highway system a local tourism grant program for the benefit of cities and towns through which the metropolitan highway system runs and the municipalities contiguous to such cities and towns. Said grant program shall be funded, subject to the rights of the holders of notes or bonds of the authority issued for the metropolitan highway system, from metropolitan highway system revenues, on an annual basis in an amount not less than two hundred and fifty thousand dollars. Such grant program shall be administered in accordance with procedures promulgated under said chapter thirty A.

Section 19. No motor vehicle, trailer, semi-trailer or semi-trailer unit, hereinafter in this section called a motor vehicle, shall be operated on the turnpike or the metropolitan highway system nor shall the owner or bailee thereof require or permit such operation when the gross weight of such motor vehicle exceeds the weight provided in the rules and regulations adopted by the authority pursuant to paragraph (k) of section four or that specified in a special hauling permit issued by the authority for such motor vehicle pursuant to said rules and regulations, whichever is greater, nor shall any person load or cause to be loaded such motor vehicle in excess of such weights; provided, however, that the authority shall not adopt or enforce any rule or regulation which prohibits a motor vehicle from traveling on the turnpike or the metropolitan highway system without a permit if such motor vehicle may travel on a public way of the commonwealth without a permit under the provisions of section nineteen A of chapter ninety or which prohibits the issuance of a permit by the authority for travel on the turnpike or the metropolitan highway system by a motor vehicle if such motor vehicle may travel on a public way of the commonwealth with a permit under the provisions of section thirty A of chapter eighty-five.

Enforcement of this section shall be by members of the department of state police assigned to the authority who have been appointed as weighers and measurers of motor vehicles and of the loads of such motor vehicles pursuant to section eighty-seven A of chapter forty-one. In any prosecution for a violation of this section, a signed certificate on oath of a member of the department of state police assigned and appointed as a weigher and measurer of motor vehicles in accordance with this paragraph shall be admissible in evidence without further proof and shall constitute prima facie evidence of the weight of the motor vehicle described in such certificate. Such certificate shall be in such form as the registrar of motor vehicles shall prescribe pursuant to section nineteen A of chapter ninety and shall be signed and sworn to by a member of the department of state police assigned and appointed as a weigher and measurer of motor vehicles in accordance with this paragraph and present at the weighing of such motor vehicle and the court shall take judicial notice of the signature of such person and that he is so assigned and appointed.

In any claim for bodily injuries including death or damage to property arising out of such weighing, a member of the department of state police, assigned and appointed as a weigher and measurer of motor vehicles in accordance with the preceding paragraph, to enforce the provisions of this section may file a written request with the authority that it defend him against such claim and the authority shall indemnify such member of the department of state police from personal expenses or damages incurred and arising out of such claim; provided, however, that the defense or settlement of such claim shall have been made by the general counsel of the authority, by an attorney retained for such purpose by the authority or by an attorney provided by an insurer obligated under the terms of a policy of insurance to defend against such claims.

A person convicted of a violation of the provisions of this section shall be punished by a fine of not less than thirty dollars for each one thousand pounds of weight or fraction thereof by which the gross weight of the motor vehicle as operated exceeds the weight provided in the rules and regulations adopted by the authority pursuant to paragraph (k) of section four or that specified in a special hauling permit issued by the authority for such motor vehicle pursuant to said rules and regulations, whichever is greater; provided, however, that if the total of such excess weight is greater than ten thousand pounds, the fine shall be not less than sixty dollars for each one thousand pounds or fraction thereof over such ten thousand pounds.

Any person convicted of a violation of the provisions of the first sentence of section seventeen of chapter ninety while operating a vehicle which is also in violation of the first paragraph of this section shall be punished by a fine of not more than fifty dollars for a first offense nor less than fifty nor more than seventy-five dollars for a second offense committed in any twelve month period and not less than seventy-five nor more than one hundred and fifty dollars for subsequent offenses committed in any twelve month period and complaints for such violations shall not be placed on file by the court.

Section 20. The authority shall, consistent with the provisions and limitations of section twelve and section twenty-six, be liable to any person sustaining bodily injury or damage to his property by reason of a defect or want of repair therein or thereupon to the same extent as provided in section eighteen of chapter eighty-one and shall be liable for the death of any person caused by such defect or want of repair to the same extent as is provided in chapter two hundred and twenty-nine. Any notice of such injury, damage or death required by law shall be given to the general counsel of the authority.

The turnpike and the metropolitan highway system, although not part of the state highway system, shall each be deemed a way within the meaning and purport of chapters eighty-nine and ninety and its use shall be governed by sections two, four, four A, four B and five of said chapter eighty-nine and sections one B, three, three A, three B, three C, five A, six, seven, seven B, seven D, seven D and one-half, seven P, seven Q, seven AA, eight B, eight C, nine, nine D, ten, eleven, twelve, thirteen, thirteen A, fourteen, fourteen A, fourteen B, sixteen, the first sentence of section seventeen, section twenty, the first sentence of section twenty-one and sections twenty-two A, twenty-two B, twenty-two E, twenty-three, twenty-four, twenty-four G, twenty-four I, twenty-four L, twenty-five, twenty-six, twenty-nine and thirty-four J of chapter ninety and such other laws as the authority may determine by regulation necessary for the safe and efficient operation of the turnpike or the metropolitan highway system.

An operator of a vehicle using the turnpike or the metropolitan highway system who refuses to pay the toll prescribed by the authority or who evades or attempts to evade payment of the toll prescribed by the authority may be arrested without a warrant. Whoever, for the purpose of soliciting a ride on the turnpike or the metropolitan highway system, displays a sign, signals a moving vehicle, causes the stopping of a vehicle or stands on property of the authority in view of a ramp or roadway of the turnpike may be arrested without a warrant and shall be punished by a fine of not more than fifty dollars. A person damaged in his property by the exercise of any of the powers granted by this chapter may recover his damages from the authority under chapter seventy-nine.

Notwithstanding the provisions of chapters one hundred and thirty-four and one hundred and forty-seven, if money, goods or other property which has been abandoned, mislaid or lost on the premises of the authority comes into the possession of said authority and remains unclaimed for a period of one hundred and twenty days, the authority may sell the same, excepting money so unclaimed, at public auction after notice of such sale has been published for three successive weeks in a newspaper published in the city or town wherein such sale shall occur. The net proceeds of such sale, after deducting the cost of storage and the expenses of the sale, and all money so unclaimed, shall be paid into and become the property of the authority and may be applied by the authority to any of its corporate purposes. If such property is in the possession of the authority and remains unclaimed for a period of one hundred and twenty days and is of the value of three dollars or less, the authority may donate the same to a charitable organization.

On or before April first of each year, the authority shall make an annual report of its activities for the preceding calendar year to the governor and to the general court. Each such report shall set forth a complete operating and financial statement covering its operations during the year. The authority shall cause an audit of its books and accounts to be made at least once in each year by certified public accountants and the cost thereof may be treated as a part of the cost of operation of the turnpike and the metropolitan highway system. Such audits shall be deemed to be public records within the meaning of chapter sixty-six.

Section 21. The authority may contract with an employee to defer a portion of such employee's compensation and may, for the purpose of funding a deferred compensation program for such employee established in accordance with the U.S. Internal Revenue Code, hereinafter referred to as the Code, invest the deferred portion of such employee's compensation in a life insurance or annuity contract, mutual fund or bank investment trust. The authority shall, before making any such investment, solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter one hundred and seventy-five, mutual fund managers and banks, which bids shall be sealed and opened at a time and place designated by the authority. Any bid submitted by an insurance company, mutual fund or bank investment trust to fund the deferred compensation program, where applicable, shall clearly indicate the interest rate which shall be paid on the deferred funds, any commissions which will be paid, any load imposed for the purpose of administering the funds, mortality projections, expected payouts, tax implications for participating employees and such other information as the authority may require. Any contract entered into between an employee and the authority pursuant to this section shall include all such information in terms the employee can reasonably be expected to understand.

As used in this section, the word "employee" shall have the same meaning as "employee" as defined in section one of chapter thirty-two and shall also include consultants and independent contractors who are natural persons paid by the authority.

An employee may defer compensation so long as such deferral is the lesser of seven thousand five hundred dollars or thirty-three and one-third percent of his includible compensation for a taxable year; provided, however, that for one or more of the last three taxable years ending before he attains normal retirement age, an employee may defer the lesser of fifteen thousand dollars or the sum of (1) seven thousand five hundred dollars or thirty-three and one-third percent of his includible compensation for such year; plus (2) a sum not more than the total deferrable compensation for prior taxable years that had not in fact been deferred in such years.

Such deferred compensation program shall be in addition to, and not part of, the retirement or pension system as provided under chapter thirty-two and any other benefit program provided by law for such employee. Any compensation deferred under such program shall continue to be included as regular compensation, as defined in section one of said chapter thirty-two, for the purpose of computing the retirement and pension benefits earned by any such employee; provided, however, that any compensation so deferred shall not be included in the computation of any taxes withheld on behalf of any such employee.

Section 22. The authority may contract with an employee to make contributions for and in the name of such employee from amounts otherwise payable to the employee as current compensation to an Individual Retirement Account hereinafter referred to as an IRA, by such employee established in accordance with the Code. The participating employee may invest that portion of his income so contributed to an IRA in an annuity contract, mutual fund, bank investment trust or other investment authorized by the Code. Before making such deduction, the authority shall be required to solicit bids from insurance companies authorized to conduct business within the commonwealth pursuant to chapter one hundred and seventy-five, mutual fund managers and banks which bids shall be sealed and opened at a time and place designated by the authority. Any bid submitted by an insurance company, mutual fund or bank investment trust seeking investment of the IRA contribution shall, where applicable, clearly indicate the interest rate which shall be paid on the invested funds, any commissions which shall be paid, any load imposed for the purpose of administering the funds, expected payouts, tax implications for participating employees and such other information as the authority may require. Upon the authority's determining which provider offers the product most beneficial to the employee in each category for which bids were solicited, the authority may offer such employee the opportunity to establish an IRA with one or more such providers. The employee who wishes to invest his IRA funds with any such provider or combination of providers may authorize the authority to deduct from amounts otherwise payable to the employee, at one time or on a periodic basis, amounts to be paid into the employee's IRA. If the employee so elects, the authority shall pay to the providers the amount designated by the employee, in the name of the employee, to the employee's IRA. Amounts so paid to the providers for the employee's IRA account shall belong exclusively to the employee. Except as otherwise provided herein, the authority may restrict an employee's right to contract to have contributions made to an IRA through deductions and payments by the authority, to those providers selected as the result of the competitive bidding process outlined herein; provided, however, that this shall not be construed to restrict or limit the right of an employee to establish one or more IRAs with such banks, insurance companies or similarly authorized institutions as the employee may choose in any manner other than through an authorized deduction by the authority of a portion of the employee's compensation as outlined herein. Any contract entered into between an employee and the authority pursuant to this section shall include all information in terms the employee can reasonably be expected to understand. As used in this section the word "employee" shall have the same meaning as "employee" as defined in section one of chapter thirty-two and shall also include consultants and independent contractors who are natural persons paid by the authority.

An employee may contribute a portion of his compensation to an IRA under the program outlined herein so long as such contribution, for an employee who is single, is the lesser of two thousand dollars or one hundred percent of his compensation for a taxable year and, for an employee who is married, the contribution is the lesser of two thousand two hundred and fifty dollars or one hundred percent of his compensation for a taxable year. If an employee has any compensation deferred under a deferred compensation plan for employees of the authority, if one is established by the authority under section twenty-one, then the aggregate amount of such deferred compensation deductions and amounts contributed to such employee's IRA shall not exceed the limits imposed upon such combined deduction and contribution by Code.

Notwithstanding the provisions of any general or special law to the contrary, the authority shall not be required to solicit bids to invest the contributed portion of an employee's income into the employee's IRA provided (a) the authority is authorized by the employee to pay that portion of the employee's compensation into the employee's IRA in the same investment products as provided through a deferred compensation or IRA plan for employees of the commonwealth administered by the authority or a deferred compensation plan for employees of the authority administered by the authority, provided that such plan resulted from the solicitation of bids in accordance with bidding requirements comparable to those required under this section; or (b) the authority is authorized by the employee to pay that portion of the employee's compensation into the employee's IRA in the investment products offered pursuant to a deferred compensation or IRA plan developed through a competitive selection process; provided that such plan resulted from the solicitation of bids by a group of any combination of three or more city, town, county or public authority treasurers acting as a "Common Group" for purposes of soliciting such proposals in accordance with bidding requirements comparable to those required under this section.

Such IRA plan shall be in addition to and not a part of the retirement program or pension system as provided under chapter thirty-two and any other benefit program provided by law for such employee. Any compensation contributed by the employee to an IRA under such a plan shall continue to be included as regular compensation, as defined in section one of said chapter thirty-two, for the purpose of computing the retirement and pension benefits earned by any such employee; provided, however, that any compensation so contributed shall not be included in the computation of federal taxes but shall be included in the computation of state taxes withheld on behalf of any such employee.

Section 23. The authority and its corporate existence shall continue until terminated by law; provided, however, that no such law shall take effect so long as the authority shall have notes, bonds or other obligations outstanding unless adequate provision has been made for the payment or satisfaction thereof in accordance with the terms of any applicable bond resolution, trust agreement or other agreement.

Section 24. The authority is hereby authorized and directed to reimburse the commonwealth for the amount of retirement costs incurred by the commonwealth on behalf of employees of the department of public safety for the time such employees are assigned by the commissioner of said department to duty with the authority. Such amount shall be the retirement cost portion of the cost of fringe benefits as determined by the commissioner of administration pursuant to section six B of chapter twenty-nine. Such amount shall be reimbursed annually to the commonwealth for fiscal years beginning after June thirtieth, nineteen hundred and eighty-seven.

Section 25. All contracts, agreements, licenses, leases and other obligations of the authority duly made under the authority of chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two, chapter five hundred and ninety-eight of the acts of nineteen hundred and fifty-eight or chapter one hundred and two of the acts of nineteen hundred and ninety-five shall remain in full force and effect until terminated in accordance with the respective terms and provisions of such contracts, agreements, licenses, leases and other obligations. All regulations and by-laws adopted under the authority of said acts shall remain in full force and effect until amended or otherwise altered by the authority.

Section 26. The turnpike may be transferred to the highway department and shall thereafter be operated and maintained by the highway department free of tolls when (i) all notes and bonds issued by the authority relating to the turnpike and payable from turnpike revenues have been paid or a sufficient amount for the payment of all such notes or bonds and the interest thereon, to the maturity thereof, shall have been set aside in trust for the benefit of the holders of such notes or bonds; and (ii) the turnpike is deemed to be in good condition and repair to the satisfaction of the highway department. The transfer of the turnpike under this section shall be effectuated by one or more agreements between the authority, the executive office of transportation and construction and the highway department; provided, however, that any such agreements shall provide that all nontoll turnpike revenues shall thereafter be dedicated solely to the operation and maintenance of the turnpike.

Section 27. The authority shall submit to the metropolitan highway system advisory board, pursuant to section twenty-eight, all contracts, plans, agreements and memoranda of understanding relative to land use plans, air rights, zoning restrictions and environmental impacts associated with the development on any land owned by the authority within the metropolitan highway system. The authority shall not proceed with the final execution of such contracts, plans, agreements and memoranda of understanding prior to the review of the advisory board pursuant to said section twenty-eight.

Section 28. (a) 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 the division 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 and one of whom shall be appointed by Move Massachusetts Two Thousand. Each member of the metropolitan highway system advisory board shall have one vote. A majority of members shall constitute a quorum and the advisory board may act by such majority vote represented in the quorum.

(b) For the conduct of its business, the metropolitan highway system advisory board shall adopt and may revise and amend by-laws. The advisory board shall convene its first meeting on or before March thirty-first, nineteen hundred and ninety-seven and shall thereafter convene regular meetings in accordance with its by-laws. The advisory board shall annually elect a chairperson and vice chairperson and any other officers that the advisory board shall determine. Each member of the board shall serve for a term of two years and shall be eligible for reappointment. In the event of a vacancy, a successor shall be named by the person or organization who originally appointed the vacated member and any such successor shall serve for the remainder of the unexpired term. Each member of said advisory board shall serve without compensation but may be reimbursed, as an expense of said advisory board, for all reasonable expenses incurred in the performance of its duties as approved by the advisory board.

(c) The purposes of the metropolitan highway system advisory board shall be to review and prepare comments on all documents submitted to it pursuant to section twenty-seven and to make recommendations to the authority within thirty days of receipt of such documents. The advisory board may hold public hearings on all matters before it.

(d) The metropolitan highway system advisory board may incur expenses, not to exceed fifty thousand dollars annually for expenditures authorized under paragraph (b) and for personnel and office expenses. Such expenses shall be paid by the authority in the current fiscal year from its operating budget and, for each year thereafter, shall be provided for in the current expense budgets of the metropolitan highway system.

Section 29. The authority shall submit to the turnpike advisory board, pursuant to section thirty, all contracts, plans, agreements and memoranda of understanding relative to land use plans, air rights, zoning restrictions and environmental impacts associated with the development on any land owned by the authority within the turnpike corridor. The authority shall not proceed with the final execution of such contracts, plans, agreements, and memoranda of understanding prior to the review of the advisory board pursuant to said section thirty.

Section 30. (a) There shall be a turnpike advisory board to the authority to consist of nine members, two of whom shall be appointed by the governor and who shall be residents of a municipality in the turnpike corridor, one of whom shall be appointed by the commissioner of the division of capital planning and operations, one of whom shall be appointed by the Massachusetts Audubon Society who shall be a resident of a municipality within the turnpike corridor, one of whom shall be appointed by the Massachusetts Association of Planning Directors who shall be a resident of a municipality within the turnpike corridor, four of whom shall be appointed by the Massachusetts Municipal Association, one of which shall be a resident of a municipality within the turnpike corridor from the New York state border east to the junction of interchange 5, one of which shall be a resident of a municipality within the turnpike corridor from the junction of interchange 5 west to the junction of interchange 11A and one of which shall be a resident of a municipality within the turnpike corridor from the junction of interchange 11A east to the junction of interchange 14. Each member of the turnpike advisory board shall have one vote. A majority of members shall constitute a quorum and the advisory board may act by such majority vote represented in the quorum.

(b) For the conduct of its business, the turnpike advisory board shall adopt and may revise and amend by-laws. The advisory board shall convene its first meeting on or before March thirty-first, nineteen hundred and ninety-seven and shall thereafter convene regular meetings in accordance with its by-laws. The advisory shall annually elect a chairperson and vice chairperson and any other officers that the advisory board shall determine. Each member of the board shall serve for a term of two years and shall be eligible for reappointment. In the event of a vacancy, a successor shall be named by the person or organization who originally appointed the vacated member and such successor shall serve for the remainder of the unexpired term. Each member of said advisory board shall serve without compensation but may be reimbursed, as an expense of said advisory board, for all reasonable expenses incurred in the performance of its duties as approved by the advisory board.

(c) The purposes of the turnpike advisory board shall be to review and prepare comments on all documents submitted to it pursuant to section twenty-nine and to make recommendations to the authority within thirty days of receipt of such documents. The advisory board may hold public hearings on all matters before it.

(d) The turnpike advisory board may incur expenses, not to exceed fifty thousand dollars annually for expenditures authorized under paragraph (b) and for personnel and office expenses. Such expenses shall be paid by the authority in the current fiscal year from its operating budget and, for each year thereafter, shall be provided for in the current expense budgets of the turnpike.

Section 31. This chapter, being necessary for the welfare of the commonwealth and its inhabitants, shall be liberally construed to effect the purposes hereof.

SECTION 7. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Turnpike Authority and the city of Boston shall enter into a memorandum of understanding not later than June first, nineteen hundred and ninety-seven relative to land use plans, air rights, zoning restrictions and environmental impacts associated with any development in connection with the Boston extension portion of the metropolitan highway system or respecting land within the territorial limits of said city of Boston; provided, however, that such memorandum shall include, but not be limited to, the following provisions: (1) design review for any project by the Boston Redevelopment Authority; (2) joint process for any project for environmental review pursuant to sections sixty-one to sixty-two H, inclusive, of chapter thirty of the General Laws and procedures adopted by the Boston Redevelopment Authority; (3) establishment of a citizen advisory committee for any project; (4) review by the Boston Redevelopment Authority of any proposed land or air rights uses for compatibility of any project with the neighborhood; and (5) to ensure that any development projects utilizing air rights minimizes, to a reasonable extent, adverse impacts upon the quality of life including, but not limited to, traffic, noise, light, density and air quality in the neighborhood surrounding any such project.

There shall be no development of air rights along the Boston extension portion of the metropolitan highway system or within the territorial limits of the city of Boston until the memorandum of understanding provided for in this section has been executed by the parties.

The memorandum of understanding provided for in this section between the Massachusetts Turnpike Authority and the city of Boston shall be legally binding document having the full force and effect of the law between the parties and shall be enforceable in a court of law by equitable relief.

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, to be held in a community contiguous to the Tobin memorial bridge, at least thirty days prior to the effective date of any proposed change in toll structure on said Tobin memorial bridge.

SECTION 9. Chapter three hundred and fifty-four of the acts of nineteen hundred and fifty-two is hereby repealed.

SECTION 10. Chapter five hundred and ninety-eight of the acts of nineteen hundred and fifty-eight is hereby repealed.

SECTION 11. The executive office of administration and finance, the office of the state auditor, the division of capital planning and operations, the Massachusetts Turnpike Authority and the Massachusetts Port Authority are hereby authorized and directed to undertake a joint asset assessment study to identify any additional segments of the metropolitan highway system, exclusive of those segments acquired pursuant to subsection (f) of section twelve of chapter eighty-one A of the General Laws, and the value of such segments which may be acquired by said Massachusetts Port Authority in connection with an additional payment to the commonwealth for the metropolitan highway system pursuant to clause (iii) of subsection (f) of section twelve of chapter eighty-one A of the General Laws, inserted by this act; provided, however, that any recommended additional payment shall not exceed one hundred million dollars. Such study shall be completed within one year of the effective date of this act and shall be submitted to the clerks of the house and the senate and to the joint committee on transportation.

SECTION 12. The Massachusetts Turnpike Authority and the Massachusetts Port Authority are hereby authorized and directed to undertake a joint feasibility study relative to implementing a commuter discount program for frequent users of the turnpike, metropolitan highway system and the Tobin memorial bridge. Such study shall examine the revenue projections for frequent users based on current fares, revenue projections based on a reduction of the regular passenger fare for frequent users of the turnpike, metropolitan highway system and the Tobin memorial bridge; and the alternative ways to implement such a program, including prepaid tickets, tokens, vehicle stickers and electronic toll collections. Such study shall also include a recommended date by which said turnpike authority and said port authority shall implement such program; provided, however, that such program shall not be implemented if it substantially impacts the financing plan for the completion of the Central Artery/Third Harbor Tunnel project, the annual statewide road and bridge program or the bond rating of said turnpike authority or said port authority. Such study shall be completed not later than July first, nineteen hundred and ninety-seven, and shall be submitted to the house and senate committees on ways and means and the joint committee on transportation. No commuter discount program implemented as a result of such study shall affect discount programs in effect pursuant to this act or to sections fourteen and fourteen A of chapter one hundred and two of the acts of nineteen hundred and ninety-five.

Approved March 20, 1997.