Session Law

1999

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Chapter 161 AN ACT AUTHORIZING CERTAIN STRUCTURES TO BE EXEMPTED FROM CERTAIN HARBOR LINES IN THE CITY OF BOSTON.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith for certain structures to be exempted from certain harbor lines, 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. Notwithstanding the provisions of sections 14 and 34 of chapter 91 of the General Laws or any other general or special law to the contrary, the department of environmental protection may grant licenses or conditional licenses to the Massachusetts Bay Transportation Authority and to parties under contract with said authority to place, construct, maintain and repair platforms, barges, excavation support and silt curtains necessary to build the South Boston Piers Transitway Project, so-called, and for any water quality controls and mitigation associated therewith, and to construct, maintain and repair the Immersed Tunnel Tube, so-called, which projects are located in whole or in part beyond the harbor lines in the vicinity of the Fort Point channel in the city of Boston in Boston harbor established pursuant to section 1 of chapter 403 of the acts of 1939. A license issued by said department for the Immersed Tunnel Tube shall be permanent and a license issued by said department for the temporary pile-supported platforms and temporary barges, excavation support and silt curtains necessary to support the construction or mitigation of the South Boston Piers Transitway Project shall not exceed terms of five years. Said department may issue successive licenses for additional five-year terms as may be necessary for the continued viability of water-dependent business requiring the use of such temporary pile-supported platforms. The platforms shall be restricted in size to maximums of 50 feet wide and 75 feet long and shall be connected to the existing wharf by such other connecting docks as may be necessary. Nothing in this section shall be construed to exempt said projects from the substantive and procedural requirements of said chapter 91 and regulations promulgated thereunder, other than the exception permitted herein from the harbor line requirements of said sections 14 and 34 of said chapter 91.

SECTION 2. The approximate location of the exception to the harbor lines established pursuant to section 1 is shown on one or more plans titled, "The Establishment of Exceptions to the Harbor Lines at the Fort Point Channel for the South Boston Piers Transitway Project" and bearing the effective date of this act. The final plan showing the specific location of said project shall be incorporated in any waterways license issued pursuant to this act. Plans showing the approximate and the specific locations of said project shall be prepared for the department of environmental protection and shall be on file at said department for public inspection.

SECTION 3. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Bay Transportation Authority shall prepare a report detailing the cost and completion date of the South Boston Piers Transitway Project, so-called. Said report shall include, but not be limited to, the initial estimated cost of said project, the current estimated cost of said project, projected cost overruns and estimate adjustments for said project, an explanation of said cost overruns and estimate adjustments for said project, and the estimated commencement and completion date of the various phases of said project including, but not limited to, mitigation. Such report shall be filed with the clerk of the house of representatives who shall forward the same to the chairmen of the joint committee on transportation, and the house and senate committees on ways and means not later than December 31, 1999.

SECTION 4. This act shall expire on December 31, 2006.

Approved December 22, 1999.