Chapter 235

SECTION 3.

To meet a portion of the expenditures necessary in carrying out the provisions of section 2, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $96,720,000, to be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan Act of 2000, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth, but that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws. In deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O. All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 2000 and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2 O. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section 2 O.

SECTION 4.
To meet a portion of the expenditures necessary in carrying out the provisions of section 2A, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $281,032,000, to be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan Act of 2000, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws. In deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O. All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 2000 and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2 O. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section 2 O.

SECTION 5.
To meet a portion of the expenditures necessary in carrying out the provisions of section 2B, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $1,107,000,000, to be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan Act of 2000, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth, but any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws. In deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O. All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 2000 and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2 O. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section 2 O.

SECTION 6.
To meet a portion of the expenditures necessary in carrying out the provisions of section 2C, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $25,000,000, to be in addition to those bonds previously authorized and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan Act of 2000, and shall be issued for such maximum term of years, not exceeding five years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2010. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth, but any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws. In deciding whether to request the issuance of particular bonds as special obligations, the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O. All special obligation bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 2000 and shall be issued for such maximum term of years, not exceeding five years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2010. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2 O. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section 2 O.

SECTION 7. To meet a portion of the expenditures necessary in carrying out the provisions of section 2D, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $22,370,000, to be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan Act of 2000, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth, but any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws. In deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O. All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 2000 and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2 O. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section 2 O.

SECTION 8. To meet a portion of the expenditures necessary in carrying out the provisions of section 2E, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $42,213,200, to be in addition to those bonds previously authorized for projects and programs which are eligible to receive federal funding and which authorizations remain uncommitted or unobligated on the effective date of this act. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Highway Improvement Loan Act of 2000, and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth, but any bonds issued by the state treasurer pursuant to this section shall, upon the request of the governor, be issued as special obligation bonds pursuant to section 2 O of chapter 29 of the General Laws. In deciding whether to request the issuance of particular bonds as special obligations the governor shall take into account: (i) generally prevailing financial market conditions; (ii) the impact of each approach on the overall capital financing plans and needs of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O. All special obligation revenue bonds issued pursuant to this section shall be designated on their face, Special Obligation Revenue Highway Improvement Loan Act of 2000 and shall be issued for such maximum term of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal on such obligations shall be payable from the Infrastructure Fund established in said section 2 O. Special obligation bonds issued pursuant to this section shall be special obligations of the commonwealth payable solely in accordance with the provisions of said section 2 O.

SECTION 9. To meet the expenditures necessary to carry out the provisions of section 2F, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $16,600,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Capital Outlay Loan Act of 2000, and shall be issued for such maximum terms of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution. All such bonds shall be payable not later than June 30, 2025. All interest and payments on account of principal of such obligations shall be payable from the General Fund. Notwithstanding the provisions of any previous act or special law, bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 10. To meet the expenditures necessary in carrying out the provisions of section 2G, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $15,940,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Capital Outlay Loan Act of 2000, and shall be issued for such maximum terms of years, not exceeding 10 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution, but all such bonds shall be payable not later than June 30, 2015. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Notwithstanding the provisions of any previous act or special law, bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 11. To meet the expenditures necessary in carrying out the provisions of section 2H, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount to be specified by the governor from time to time, but not exceeding in the aggregate the sum of $9,500,000. All bonds issued by the commonwealth as aforesaid shall be designated on their face, Capital Outlay Loan Act of 2000, and shall be issued for such maximum terms of years, not exceeding 20 years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth; provided, however, that all such bonds shall be payable not later than June 30, 2024. All interest and payments on account of principal of such obligations shall be payable from the General Fund. Notwithstanding the provisions of any previous act or special law, bonds and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 12. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by sections 2, 2A, 2B, 2C, 2D, 2E and 2G, and may issue and renew from time to time notes of the commonwealth therefor bearing interest payable at such times and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution, but the final maturities of such notes, whether original or renewal, shall not be later than June 30, 2005. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund. Notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth; provided, however, that the state treasurer may determine to issue any notes as special obligations pursuant to section 2 O of chapter 29 of the General Laws if the notes, or renewals thereof, are to be paid from the proceeds of special obligation bonds to be issued pursuant to said section 2 O.

SECTION 13. The state treasurer may borrow from time to time on the credit of the commonwealth such sums as may be necessary for the purpose of meeting payments authorized by section 2F and 2H, and may issue and renew from time to time notes of the commonwealth therefor, bearing interest payable at such times and at such rates as shall be fixed by the state treasurer. Such notes shall be issued and may be renewed one or more times for such terms, not exceeding one year, as the governor may recommend to the general court in accordance with Section 3 of Article LXII of the Amendments to the Constitution, but the final maturities of such notes, whether original or renewal, shall not be later than June 30, 2005. All interest and payments on account of principal of such obligations shall be payable from the General Fund. Notwithstanding the provisions of any previous act or special law, notes and interest thereon issued under the authority of this section shall be general obligations of the commonwealth.

SECTION 14. Chapter 21A of the General Laws is hereby amended by striking out section 11A, as appearing in the 1998 Official Edition, and inserting in place thereof the following section:-

Section 11A. There is hereby established within the executive office of transportation a bicycle advisory board. Said board shall advise the bicycle program office. Said board shall consist of the secretary of transportation and construction or his designee, the secretary of environmental affairs or his designee, the commissioner of highways or his designee, the commissioner of environmental management or his designee, the commissioner of the metropolitan district commission or his designee, the general manager of the Massachusetts Bay transportation authority or his designee, the colonel of the state police or his designee, the commissioner of public health or his designee, the executive director of travel and tourism or his designee; one representative of a regional planning agency and seven nongovernmental members who shall be appointed by the governor upon recommendation of the co-chairmen of the board, three of whom shall be experts in bicycle safety, one of whom shall be a representative of the commercial bicycle industry and three of whom shall be representatives of bicycle organizations. The bicycle program manager shall serve ex-officio. Each appointee shall serve without compensation for a term of two years and may be reappointed to serve for not more than three consecutive terms. Two co-chairmen shall be selected by a majority vote of the board members but at least one of the chairmen shall not be an employee of the commonwealth. The advisory board shall meet at least four times each year. The board shall monitor the implementation of the Massachusetts statewide bicycle transportation plan and assist the bicycle program office in preparing future plan updates. Initially, the nongovernmental members shall be appointed by the governor, chosen from a list of qualified applicants fairly representing the various geographical regions of the commonwealth, provided by the Bicycle Coalition, also known as MassBike, a statewide bicycle advocacy organization.

SECTION 15. Section 49 of chapter 29 of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

A provision in any act authorizing the state treasurer to issue and sell bonds of the commonwealth shall also authorize the state treasurer, without any further authorization, to borrow from time to time on the credit of the commonwealth such sums of money as may be necessary for the purpose of making payments for the purposes for which such bonds are authorized and to issue and renew, from time to time, notes of the commonwealth therefor in anticipation, of such bonds, bearing interest payable at such time and at such rates as shall be fixed by the state treasurer. The notes shall be issued and may be renewed one or more times for such terms not exceeding three years, as the governor may recommend to the general court pursuant to Section 3 of Article LXII of the Amendments to the Constitution of the Commonwealth. The provisions of this paragraph; (i) shall apply to all bond authorization acts in effect as of July 1, 1999 and all bond authorization acts validly enacted after such date, unless any particular act expressly states that the provisions of this paragraph shall not apply; and (ii) shall constitute authority to issue notes in anticipation of such bonds in addition to and not in limitation of any authority to issue notes in anticipation of bonds contained in any bond authorization act.

SECTION 16. Section 6 of chapter 64H of the General Laws, as so appearing, is hereby amended by adding the following subsection:-

(rr) Sales of tangible personal property purchased by a consultant contractor or subcontractor, or operating contractor or subcontractor, of any governmental body or agency, described in subsection (d), for use in fulfilling a consulting or operating contract to provide qualified services in a public project, provided that the consultant contractor or subcontractor or operating contractor or subcontractor is required both to acquire such property and to be reimbursed for the cost of such property pursuant to such contract.

For purposes of this subsection:

(A) A consultant contractor or operating contractor of any governmental body or agency described in subsection (d) is a person who enters into a consulting or operating contract to provide qualified services, and agrees to act as the agent for, such governmental body or agency with respect to purchases of tangible personal property on behalf of such governmental body or agency.

(B) A consultant or operating subcontractor is any person who enters into a contract with a consultant or operating contractor to provide qualified services and agrees to act as the agent for a governmental body or agency with respect to purchases of tangible personal property on behalf of such governmental body in fulfilling a consulting contract. A consultant subcontractor or operating subcontractor shall be considered to be reimbursed for the cost of tangible personal property whether it receives such funds directly from any governmental body or agency described in subsection (d) or indirectly through a consultant contractor or subcontractor or operating contractor or subcontractor, as the case may be.

(C) A consultant subcontractor or operating subcontractor who enters into a contract to provide qualified services with any higher-tiered consultant subcontractor or higher tiered operating subcontractor is deemed to be a consultant subcontractor or operating subcontractor.

(D) A consulting or operating contract is a contract to provide qualified services under which any governmental body or agency described in subsection (d) authorizes purchases of tangible personal property to be made on its behalf by a person who agrees to provide qualified services to such governmental body or agency. A governmental body or agency described in subsection (d) shall be considered to have authorized such purchases to be made on its behalf by a person when it enters into such a contract that expressly authorizes the person to act as an agent or subagent of such governmental body or agency for purposes of making such purchases.

(E) Tangible personal property shall be considered to be used in fulfilling a consulting or operating contract if its acquisition has been authorized by the terms of such contract and any one or more of the following has occurred: (i) it is completely expended in the performance of a contract to provide qualified services; (ii) title to and possession of such property is turned over to a governmental body or agency described in subsection (d) pursuant to the consulting or operating contract; or (iii) it becomes an ingredient and component part of tangible personal property that is turned over to said governmental body or agency pursuant to the consulting or operating contract; provided that tangible personal property shall not be considered to be used in fulfilling a consulting or operating contract if it is used to administer, oversee, supply, maintain, or control any of the consultant contractor's or operating contractor's or consultant subcontractors or operating subcontractor's own offices, facilities, workshops, vehicles, equipment or business operations.

(F) Qualified services shall include:

(i) studying the feasibility or environmental impact of a public project;

(ii) providing engineering, architectural or other design services necessary to complete a public project;

(iii) managing the planning, design, or construction of a public project; or

(iv) managing the operation or maintenance of any publicly owned mass transportation equipment or facilities.

(G) A public project is any project for the construction, alteration, remodeling, repair, remediation or operation of any public highway, tunnel, bridge, building, real property structure, public mass transportation equipment or facility, or other public work which is owned by or held in trust for the benefit of any governmental body or agency mentioned in subsection (d) and the cost of which is funded, in whole or in part, by funds appropriated to or authorized for expenditure by any governmental body or agency described in subsection (d).

SECTION 17. Subsection (a) of section 10 of chapter 81A of the General Laws, as so appearing, is hereby amended by adding the following six sentences:- The authority shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data, relative to account holders who participate in its electronic toll collection system. Such information shall not be a public record and shall be used for enforcement purposes only with respect to toll collection regulations. An account holder may, upon written request to the authority, have access to all information pertaining solely to the account holder. For each violation of applicable authority regulations related to electronic toll collection, a violation notice shall be sent to the registered owner of the vehicle in violation. The notice shall include the registration number of the vehicle, the state of issuance of such registration and the date, time and place of the violation. The notice may be based in whole or in part upon inspection of any photographic or other recorded image of a vehicle and the written certification by a state police officer or other person employed by or under contract with the authority or its electronic toll collection system contractor that it is so based shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation.

SECTION 18. Subsection (b) of said section 10 of said chapter 81A, as so appearing, is hereby amended by adding the following six sentences:- The authority shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data, relative to account holders who participate in its electronic toll collection system. Such information shall not be a public record and shall be used for enforcement purposes only with respect to toll collection regulations. An account holder may, upon written request to the authority, have access to all information pertaining solely to the account holder. For each violation of applicable authority regulations related to electronic toll collection, a violation notice shall be sent to the registered owner of the vehicle in violation. The notice shall include the registration number of the vehicle, the state of issuance of such registration and the date, time and place of the violation. The notice may be based in whole or in part upon inspection of any photographic or other recorded image of a vehicle and the written certification by a state police officer or other person employed by or under contract with the authority or its electronic toll collection system contractor that it is so based shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation.

SECTION 19. Chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after section 20E the following section:-

Section 20G. If a person fails to appear in accordance with a notice to appear issued pursuant to a Massachusetts Turnpike Authority regulation or fails to pay in a timely manner a violation issued pursuant to such regulations after having received notice thereof, the authority shall notify the registrar who shall place the matter on record and shall not renew the license to operate a motor vehicle or the registrations of any vehicles owned by such person until the matter has been disposed of in accordance with applicable law or regulation. If the person is found to be a resident of another state or jurisdiction, the registrar shall revoke the violator's right to operate in the commonwealth until the matters have been disposed of in accordance with applicable law or regulation. The liability of lessors of motor vehicles for violations on facilities owned by the authority shall be governed by authority regulations in a manner consistent with the provisions of section 20E. The registrar shall prescribe the manner, form and content of any notice received from the authority to take such action.

SECTION 20. The Governor disapproved this section. For message, see Senate, No. 2280. ection 33 of chapter 90 of the General Laws, as amended by section 8 of chapter 87 of the acts of 2000, is hereby further amended by adding at the end of the section the following paragraph:-

(37) For the registration of every motorcycle, the fee shall be $22; provided that said fee shall be collected every year.

SECTION 21. The Governor disapproved this section. For message, see Senate, No. 2280. Section 34 of chapter 90 of the General Laws, as appearing in the 1998 Official Edition, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

Notwithstanding the aforesaid provisions, four dollars from each motorcycle registration fee shall be paid by the registrar or by the person collecting the same into the treasury of the commonwealth and shall be credited on the books of the commonwealth to the Motorcycle Safety Fund established pursuant to the provisions of section 35G of chapter 10.

SECTION 22. Section 15A of chapter 90D of the General Laws, as so appearing, is hereby amended by striking out, in line 10, the words "and the required fee" and inserting in place thereof the following words:- , and the title change fee for such spouse shall be waived.

SECTION 23. The sixth paragraph of section 23 of chapter 465 of the acts of 1956 is hereby amended by adding the following six sentences:- The authority shall maintain the confidentiality of all information, including but not limited to photographs or other recorded images and credit and account data, relative to account holders who participate in its electronic toll collection system. Such information shall not be a public record and shall be used for enforcement purposes only with respect to toll collection regulations. An account holder may, upon written request to the authority, have access to all information pertaining solely to the account holder. For each violation of applicable authority regulations related to electronic toll collection, a violation notice shall be sent to the registered owner of the vehicle in violation. The notice shall include the registration number of the vehicle, the state of issuance of such registration and the date, time and place of the violation. The notice may be based in whole or in part upon inspection of any photographic or other recorded image of a vehicle and the written certification by a state police officer or other person employed by or under contract with the authority or its electronic toll collection system contractor that it is so based shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation.

SECTION 24. Section 3 of chapter 701 of the acts of 1960 is hereby amended by striking out the second paragraph, as amended by section 102 of chapter 33 of the acts of 1991, and inserting in place thereof the following paragraph:-

The Woods Hole, Martha's Vineyard and Nantucket Steamship Authority shall consist of five persons to be appointed as follows: one resident of the town of Nantucket by the selectmen thereof; one resident of the county of Dukes county by the county commissioners thereof and one resident of the town of Falmouth by the selectmen thereof, each of whom shall serve for a term of three years and until his successor has been appointed and qualified; one resident of the town of Barnstable by the town council thereof, who shall be a nonvoting member of the authority and who shall serve at the pleasure of said town council and one resident of the city of New Bedford by the mayor thereof with the approval of the city council, who shall be a nonvoting member of the authority for the period during which freight ferry service is operating to and from the port of New Bedford and who shall serve at the pleasure of said mayor and city council. The successor of each member from the town of Nantucket, the county of Dukes county and the town of Falmouth shall be appointed in a like manner for a like term, except that any person appointed to fill a vacancy shall serve only for the remainder of the unexpired term. A member from the town of Nantucket, the county of Dukes county or the town of Falmouth may be removed for cause by the selectmen of the town or the commissioners of the county in which such member was a resident at the time of his appointment.

SECTION 25. The Governor returned this section with an amendment. For message, see Senate, No. 2280. Paragraph (e) of section 4 of chapter 701 of the acts of 1960, as most recently amended by section 105 of chapter 33 of the acts of 1991, is hereby further amended by adding the following:- The Authority shall operate or secure a private operator to conduct a freight-service program through a request for proposals and subsequent negotiations, which shall commence on May 1, 2001 and shall continue for two years. The program shall consist of the operation of a freight ferry service, making use of one or more vessel which shall make two trips each weekday from May 1st to October 31st, between the port of New Bedford and the island of Martha's Vineyard; and one trip each weekday from November 1st to April 30th, between the port of New Bedford and the island of Martha's Vineyard. The freight transported by said freight ferry service to and from the island of Martha's Vineyard shall be comprised of no more than 25 per cent hazardous cargo and or waste so-called. Said freight ferry service shall have the minimum daily capacity to carry nine trucks to and from the island each day that the service is in operation.

The Authority shall report, on a quarterly basis, to the joint committee on transportation and the house and senate committees on ways and means, on the status of the freight-service program. The first such report shall be filed with the committees one month prior to the commencement of said service.

SECTION 26. Section 32 of chapter 637 of the acts of 1983 is hereby amended by striking out the last paragraph and inserting in place thereof the following paragraph:-

The commissioner shall approve or disapprove an application within 45 days of its receipt. Upon the approval of such application, the commissioner shall notify the town as to the total amount of state aid for such project and the provisions for repayment. No grant shall be approved after June 30, 2002. An application received by the commissioner prior to June 30, 1997 shall be deemed eligible for consideration and shall not require resubmission by the town.

SECTION 27. Item 7462-7965 of section 2 of chapter 267 of the acts of 1995 is hereby amended by striking out the words "the University of Massachusetts at Boston is hereby authorized to borrow twenty-five million dollars" and inserting in place thereof the following words:- the University of Massachusetts at Boston may borrow an amount not greater than $35,000,000.

SECTION 27A. Said item 7462-7965 of said section 2 of said chapter 267 is hereby further amended by adding the following words:- ; and provided further, that the university shall relocate the facility for contracted bus services from the Quinn building, so-called, to the center authorized by this item and shall include an indoor waiting area.

SECTION 28. The first sentence of section 1 of chapter 150 of the acts of 1996 is hereby amended by inserting after the word "separate" the following word:- trust.

SECTION 28A. Said section 1 of said chapter 150 is hereby further amended by striking out the second sentence and inserting in place thereof the following sentence:- The town may raise and appropriate additional monies for the fund which shall be transferred to said account and any interest earned therein shall be credited to said fund.

SECTION 29. Item 6033-9617 of section 2A of chapter 205 of the acts of 1996 is hereby amended by inserting after the words "costs and associated construction", the following words:- , including design costs.

SECTION 30. Section 2J of said chapter 205 is hereby amended by striking out item 6005-9684 and inserting in place there of the following item:- `tm;keep=no `tcol=6,B4;c1=1,9,tu,T;c2=1,78,tuc;c3=1,78,tuc;c4=12,52,tfh1;c5=16,49,tu;c6=65,13,tur `tc1 6005-9684 `tc4 For prototype development and research of mass producing transit buses powered by nonpolluting sources, including solar energy; provided, that $100,000 shall immediately be provided to the University of Massachusetts at Lowell for a feasibility study to produce transit buses powered by nonpolluting sources; and provided further, that the remaining funds authorized herein shall not be expended prior to the submission of the study and accompanying recommendations to the house and senate committees on ways and means and the joint committee on transportation ? `tc6 $1,000,000 `tcol;end

SECTION 31. Item 6033-9717 of said section 2B of said chapter 11 of the acts of 1997 is hereby further amended by inserting after the words "Learning lane" the following words:- , including design costs,.

SECTION 32. Subsection (a) of section 11 of chapter 294 of the acts of l996 is hereby amended by inserting before the definition of "Blighted open area" the following definition:-

"Affected project area", real property situated within the project area which was acquired or rehabilitated by the commission or other party and made available by or through the commission or is subject to an agreement with the commission governing its disposition or use.

SECTION 33. Said subsection (a) of said section 11 of said chapter 294 is hereby further amended by striking out the definition of "Plan" and inserting in place thereof the following definition:-

"Plan", the detailed plan, as it may exist from time to time, for the project which shall comply with all requirements prescribed by federal legislation in order to qualify the project for federal financial assistance. The plan shall describe: (a) the boundaries of the project area; (b) proposed land acquisition, demolition, removal, rehabilitation of structures, redevelopment and general public improvements within the project area; (c) land which is to be acquired or rehabilitated; and (d) zoning and planning changes, if any, and proposed land uses, maximum densities and building requirements. The plan shall provide for the assessment and collection of property taxes in accordance with the provisions of subsection (j) and shall describe the method for relocation of persons and organizations displaced by the project.

SECTION 34. Subsection (e) of said section 11 of said chapter 294 is hereby amended by inserting after the word "with", in line 5, the following words:- and the authority to delegate to.

SECTION 35. Subsection (f) of said section 11 of said chapter 294 is hereby amended by striking out the introductory paragraph and inserting in place thereof the following paragraph:-

Unless otherwise provided in this section, the commission shall have the following powers:.

SECTION 36. Said subsection (f) of said section 11 of said chapter 294 is hereby further amended by striking out clause (3) and inserting in place thereof the following clause:-

(3) to receive loans, grants and annual or other contributions from the federal government or from any other source, public or private, and to establish and administer such programs within the project area or within a participating city as are necessary or desirable to qualify for, obtain or expend such loans, grants or other funding.

SECTION 37. Said subsection (f) of said section 11 of said chapter 294 is hereby further amended by striking out clause (4) and inserting in place thereof the following clause:-

(4) to take by eminent domain pursuant to chapter 79 or chapter 80A of the General Laws property which is in a blighted open or decadent area within a participating city which property has been designated as property to be taken under the plan, provided that the mayor of such participating city has authorized the commission to exercise such powers with respect to such property;.

SECTION 38. Said subsection (f) of said section 11 of said chapter 294 is hereby further amended by striking out clause (17) and inserting in place thereof the following clause:-

(17) to enforce restrictions and controls contained in the plan or any covenant or agreement contained in any contract, deed or lease by the commission or in any applicable activity and use limitation, as defined in section 2 of chapter 21E of the General Laws, notwithstanding that the commission may no longer have any title to or interest in the property to which such restrictions and controls apply or to any neighboring property;.

SECTION 39. Said subsection (f) of said section 11 of said chapter 294 is hereby further amended by striking out clause (20) and inserting in place thereof the following clause:-

(20) to implement, upon a majority vote of the commission, the assessing of the payments in lieu of property taxes, betterment assessments and other fees and charges provided for in subsection (j) with respect to the affected project area and to exercise such powers as may be granted to cities and towns under the General Laws to permit such cities and towns to collect such taxes, to enable the collection of such payments in lieu of taxes, assessments and other fees and charges; and.

SECTION 40. Subsection (g) of said section 11 of said chapter 294 is hereby amended by striking out paragraph (4) and inserting in place thereof the following paragraph:-

(4) All ordinances and regulations of the participating cities in which a portion of the project lies relating to the construction of buildings, municipal planning and zoning and the protection of the public health shall apply to such portion of the project located in such city except that, in the event of a conflict between the plan and such ordinances or regulations, including, but not limited to, ordinances governing zoning and other land use, the provisions of the plan shall govern and the commission shall, with respect to the affected project area, have the exclusive right to exercise the powers of the permit granting authority and the special permit granting authority pursuant to of the General Laws and the planning board pursuant to sections 81K to 81GG, inclusive, of chapter 41 of the General Laws.

SECTION 41. Said section 11 of said chapter 294 is hereby further amended by striking out subsection (j) and inserting in place thereof the following subsection:-

(j) (l) The real property and tangible personal property of the commission shall be deemed to be public property used for essential public and governmental purposes and shall be exempt from taxation, betterments and special assessments and other fees and charges.

(2) (i) Subsequent to any portion of the affected project area having been leased by the commission as landlord, or sold by the commission, or having been rehabilitated by any person or entity with funds provided through the commission, such portion shall be exempted from taxation, as if such exemption was set forth in section 5 of chapter 59 of the General Laws, and from all betterments and special assessments but shall be subject to an agreement, hereinafter referred to as a pilot agreement, with the commission providing for an annual payment to the commission in lieu of taxes by the owner or lessee of such portion of the affected project area, which pilot agreement shall run with and be binding on the subject of real property. Such payment in lieu of taxes shall be in an amount equal to the product of the "imposed rate", as hereinafter defined, and the value of the property as assessed by the commission from time to time pursuant to paragraph (3). Such tax exemption shall continue as long as such payments are made pursuant to the pilot agreement. For purposes of this subsection, "real property" shall include the buildings and other improvements located thereon and leasehold interests therein; "real estate taxes" shall include betterments and special assessments and the "imposed rate" shall be equal to the simple average of the rates imposed by the participating cities with respect to property used for purposes similar to the property being taxed; provided, however, that the imposed rate and the assessed value shall be calculated as of January 1 prior to the fiscal year for which such calculation is made. (ii) Monies received during the fiscal year by the commission other than bonds issued by the commission or from federal, state, or private funds designated for the acquisition of real property or for capital improvements to real property or for other specific commission activities shall be paid and applied by the commission in the following order:

(A) first to pay annual operating expenses of the commission, other than payments due on indebtedness of the commission, in accordance with the annual budget of the commission;

(B) then to the payment of amounts due and payable on outstanding indebtedness of the commission, if any;

(C) then to the repayment by the commission of any obligations to the commonwealth then due and repayable, if any;

(D) then to each participating city in an amount equal to the difference between: (i) the aggregate taxes due with respect to fiscal year l999 on real property within such participating city which is designated in the plan to be acquired or rehabilitated; and (ii) the sum of real estate taxes assessed for the fiscal year for which the calculation is made on real property within such participating city and which is designated in the plan to be acquired or rehabilitated but which had not become part of the affected project area as of January first prior to the commencement of the fiscal year for which the calculation is made;

(E) then to each participating city in an amount equal to the product of the then remaining aggregate income and a fraction, the numerator of which is the number of square feet of land area within such participating city which is included in the affected project area and the denominator of which is the total number of square feet of land area included within the affected project area.

(3) The commission shall retain an independent assessing firm to appraise the affected project area once every three years.

SECTION 42. Paragraph (l) of subsection (p) of said section 11 of said chapter 294 is hereby amended by adding the following paragraph:-

Notwithstanding the provisions of any general or special law to the contrary, due notice shall be deemed to have been given if notice of the time and place of the public hearing relating to the plan is published in a newspaper of general circulation in each of the participating cities at least 14 days prior to the date of the hearing and such notice shall be posted in a conspicuous place in the city hall in each of the participating cities not less than 14 days before the day of the hearing. Notice of the hearing shall be sent by mail, postage prepaid, to the department of housing and community development, the executive office for administration and finance and to the planning board of each participating city.

SECTION 43. Subsection (q) of said section 11 of said chapter 294 is hereby amended by striking out the words "and (iii)" and inserting in place thereof the following words:- (iii) to abide by any activity and use limitation imposed on the property; and (iv).

SECTION 44. Paragraph (l) of subsection (v) of said section 11 of said chapter 294 is hereby amended by striking out the words "The commission may enter upon" and inserting in place thereof the following words:- In conjunction with any planned acquisition as provided in this section, the commission may enter upon.

SECTION 45. Said section 11 of said chapter 294 is hereby further amended by adding the following four subsections:-

(w) A permit to construct any building, structure or other improvement on land acquired or rehabilitated by the commission or by any other entity or party with funds made available by or through the commission shall be issued by a building inspector of a participating city only after the applicant for such permit shall have delivered to such building inspector a certificate from the commission stating that such building, structure or other improvement complies with the requirements of the land use regulations established under the plan.

(x) A person aggrieved by a decision of the commission with respect to the application of the land use regulations may appeal such decision in accordance with the provisions of section 17 of chapter 40A of the General Laws. A person shall not be considered to be an aggrieved party hereunder unless such person would have been considered to be an aggrieved party under similar circumstances pursuant to said chapter 40A.

(y) Any documentary materials or data whatsoever made or received by any member, agent or employee of the commission, by any mayor, member of the governing body, agent or employee of any participating municipality and consisting of, or to the extent that such materials or data consist of, trade secrets or commercial or financial information regarding the operation of any business conducted by: (i) an entity which has entered into agreements with the commission for the implementation of the plan for the project; or (ii) an applicant for or recipient of any form of assistance which the commission is empowered to render, or regarding the competitive position of such entity, applicant or recipient in a particular field of endeavor, shall not be deemed to be public records of the agency and, specifically, shall not be subject to the provisions of section 10 of chapter 66 of the General Laws. Any discussion or consideration of such trade secrets or commercial or financial information may be held by the commission or such governing body, as the case may be, in executive sessions closed to the public, notwithstanding the provisions of section 11A> of chapter 30A of the General Laws, but the purpose of such executive session shall be set forth in the official minutes of the commission or governing body, as the case may be, and no business which is not directly related to such purpose shall be transacted nor shall any vote be taken during such executive session.

(z) The commission and the department of environmental protection may enter into a memorandum of agreement with respect to the timing of response actions under chapter 21E of the General Laws.

SECTION 46. Item 6034-9610 of said section 2A of said chapter 205 of the acts of 1996 as amended by section 41 of chapter 11 of the acts of 1997, is hereby further amended by striking out the figure "$25,000,000", and inserting in place thereof the following figure:- $50,000,000.

SECTION 47. Said item 6034-9610 of said section 2A of said chapter 205 is hereby further amended by inserting after the word "Weymouth", in line 5, the following words:- ; provided, further, that no more than $2,000,000 shall be obligated to the south shore tri-town development corporation for the preparation and completion of an environmental impact report of the NAS South Weymouth Redevelopment Area, so-called, including the land to be acquired for the layout and construction of the roadway and related improvements to provide direct access between Route 3 and said area.

SECTION 48. Item 6033-9717 of section 2B of chapter 11 of the acts of 1997 is hereby amended by striking out the words "that $100,000 shall be expended for the assistance on improvements to roads known as Glendale and Mill in the town of Hampden;" and inserting in place thereof the following words:- that $100,000 shall be expended for assistance on improvements to the road known as South Monson road in the town of Hampden.

SECTION 49. Section 4 of said chapter 205 is hereby amended by striking out, in line 4, the word "sixty-one" and inserting in place thereof the following word:- eighty-six.

SECTION 50. The second sentence of the second paragraph of section 54 of chapter 11 of the acts of 1997 is hereby amended by striking out the figure "$2,550,000,000", inserted by section 5 of chapter 53 of the acts of 1999, and inserting in place thereof the following figure:- $2,700,000,000.

SECTION 51. Said chapter 11 is hereby further amended by striking out section 90 and inserting in place there of the following section:-

Section 90. Notwithstanding the provisions of any general or special law to the contrary, no new monies for improvement of the railroad lines owned by the Housatonic Railroad Company shall be released by the executive office of transportation and construction until said railroad company and the Berkshire Scenic Railway have executed an agreement satisfactory to the executive office of transportation and construction that would permit the Berkshire Scenic Railway to operate passenger service on the Housatonic Railroad Track.

SECTION 52. Clause (1) of the second paragraph of section 12 of chapter 257 of the acts of 1998 is hereby amended by adding the following words:- ; provided, however, that such limitation shall not apply to loans provided for the creation of battered women's shelters which loans may be provided in amounts up to 80 per cent of the financing of total development costs; and provided further, that such loans shall not exceed $2,500,000 per project.

SECTION 53. Item 6036-9716 of section 2 of chapter 53 of the acts of 1999 is hereby amended by striking out the figure "$1,625,000,000" and inserting in place thereof the following figure:- $1,875,000,000.

SECTION 54. The Governor disapproved this section. For message, see Senate, No. 2280. Section 3 of chapter 150 of the acts of 1999 is hereby amended by striking out the following words:- 6033-9669 6033-0031.

SECTION 55. In carrying out any or all aspects of projects pursuant to the provisions of sections 2, 2A, 2B and 2C, the department of highways may enter into such contracts or agreements as are necessary with other state, local or regional public agencies or authorities. Such agreements may relate to such matters as said department shall determine including, without limitation, the design, layout, construction, reconstruction or management of construction of all or any portion of such projects. In relation to such agreements between the department and other state agencies or authorities, the department may advance monies to such agencies or authorities, without prior expenditure by such agencies or authorities, and such agencies and authorities may accept monies necessary to carry out such agreements; provided, however, that the department shall certify to the comptroller the amounts so advanced; provided further, that such agreements shall contain provisions satisfactory to the department for the accounting of such monies as expended by such agency or authority; and provided further, that all monies not expended under such agreement shall be credited to the account of the department from which they were advanced. The department shall report to the house and senate committees on ways and means any transfers completed pursuant to the provisions of this section.

SECTION 56. The department of highways may expend the sums authorized in sections 2, 2A, 2B and 2C for the following purposes: Projects for the laying out, construction, reconstruction, resurfacing, relocation or necessary or beneficial improvement of highways, bridges, bicycle paths or facilities, on and off-street bicycle projects, sidewalks, telecommunications, parking facilities, auto-restricted zones, scenic easements, grade crossing eliminations and alterations of other crossings, traffic safety devices on state highways and on roads constructed under the provisions of section 34 of chapter 90 of the General Laws, highway or mass transportation studies, including but not limited to traffic, environmental or parking studies, the establishment of school zones in accordance with section 2 of chapter 85 of the General Laws, improvements on routes not designated as state highways without assumption of maintenance responsibilities and, notwithstanding the provisions of any general or special law to the contrary, projects to alleviate contamination of public and private water supplies caused by the department's storage and use of snow removal chemicals which are necessary for the purposes of highway safety and for the relocation of persons or businesses or replacement of dwellings or structures including, but not limited to, the provision of last resort housing under federal law and such functional replacement of structures in public ownership as may be necessary for the foregoing purposes and for relocation benefits to the extent necessary to satisfy the requirements of the Uniform Relocation Assistance and Real Property Acquisition Act, 42 USC 4601 et seq., PL 90-646, and to sell any structure the title to which has been acquired for highway purposes. When dwellings or other structures are removed, in furtherance of any of the foregoing projects, the excavations or cellar holes remaining shall be filled in and brought to grade within one month after such removal. In planning projects funded by sections 2, 2A, 2B and 2C, consideration shall be made, to the extent feasible, to accommodate and incorporate provisions to facilitate the use of bicycles and walking as a means of transportation; provided, however, that nothing herein shall be construed to give rise to enforceable legal rights in any party or a cause of action or an enforceable entitlement as to the projects provided herein.

Funds authorized by sections 2, 2A, 2B and 2C shall, except as otherwise specifically provided in this act, shall be subject to the provisions of the first paragraph of section 6 and sections 7 and 9 of chapter 718 of the acts of 1956 and, notwithstanding the provisions of any general or special law to the contrary, may be used for the purposes stated in this act in conjunction with funds of cities, towns and any political subdivision of the commonwealth.

Notwithstanding the provisions of sections 38C, 40A and 40B of chapter 7 of the General Laws, the department shall have jurisdiction over the selection of designers performing design services in connection with the ventilation of buildings, utility facilities and toll booths to be constructed as part of the Central Artery/Ted Williams Tunnel Project and shall construct, control, supervise or contract such structures; provided, however, that no such construction or contractual agreement for construction shall begin prior to the review and approval of the inspector general. The inspector general shall file with the house and senate committees on ways and means and the joint committee on transportation all notices of approval for projects undertaken pursuant to the provisions of this paragraph.

In addition to the foregoing, the department may:

(1) expend funds made available by this act to acquire from any person, land or rights in land by lease, purchase or eminent domain under the provisions of chapter 79 of the General Laws, or otherwise, for parking facilities adjacent to any public way to be operated by the department or under contract with an individual;

(2) expend funds made available by this act for the acquisition of van-type vehicles used for multi-passenger, commuter-driven carpools and high occupancy vehicles including, but not limited to, water shuttles and water taxis; and

(3) in accordance with all applicable state and federal laws and regulations, exercise all powers and do all things necessary and convenient to carry out the purposes of this act.

In carrying out the provisions of this section, the department may enter into contracts or agreements with cities to mitigate the effects of projects undertaken pursuant to this act and to undertake additional transportation measures within the city and may enter into such contracts or agreements with other state, local or regional public agencies, authorities, nonprofit organizations or political subdivisions as may be necessary to implement such city agreements. Cities and other state, local or regional public agencies, authorities, nonprofit organizations or political subdivisions may enter into such contracts or agreements with the department. In relation to such agreements, the department may advance to such agencies, organizations or authorities, without prior expenditure by such agencies, organizations or authorities, monies necessary to carry out such agreements; provided however, that the department shall certify to the comptroller the amount so advanced; provided, further, that all monies not expended under such agreement shall be credited to the account of the department from which they were advanced. The department shall report to the house and senate committees on ways and means any transfers completed pursuant to the provisions of this paragraph.

SECTION 57. To provide for the continued availability of certain capital spending authorizations which otherwise would expire on June 30, 2002, the unexpended balances of the following items are hereby extended through June 30, 2004, for the purposes of and subject to the conditions stated for said items in the original authorizations thereof and any amendments thereto: 6000-8969, 6000-9101, 6001-8835, 6001-9510, 6001-9605, 6001-9610, 6001-9645, 6001-9655, 6001-9657, 6001-9680, 6006-9500, 6006-9680, 6010-3950, 6010-7957, 6033-5965, 6033-8868, 6033-8878, 6033-9128, 6033-9198, 6033-9501, 6033-9515, 6033-9516, 6033-9524, 6033-9525, 6033-9526, 6033-9529, 6033-9530, 6033-9555, 6033-9559, 6033-9560, 6033-9577, 6033-9582, 6033-9592, 6033-9595, 6033-9603, 6033-9604, 6033-9616, 6033-9618, 6033-9620, 6033-9629, 6033-9630, 6033-9640, 6033-9641, 6033-9642, 6033-9643, 6033-9644, 6033-9645, 6033-9662, 6033-9663, 6033-9699, 6033-9702, 6033-9703, 6033-9709, 6033-9717, 6033-9718, 6033-9719, 6033-9720, 6033-9721, 6033-9722, 6033-9769, 6033-9798, 6033-9799, 6034-9605, 6034-9606, 6034-9610, 6034-9701, 6035-9559, 6035-9577, 6035-9716, 6035-9717, 6036-9669, and 6036-9716.

SECTION 58. Notwithstanding the provisions of any general or special law to the contrary, the department of highways shall take all necessary actions to secure federal highway or mass transportation assistance which is or may become available to the department including, but not limited to, actions authorized under or in compliance with the provisions of Title 23 of the United States Code and section 145 of the Surface Transportation and Uniform Relocation Assistance Act of 1982, PL 97-424, the Surface Transportation and Uniform Relocation Act of 1987, PL 100-17, the Intermodal Surface Transportation Efficiency Act of 1991, PL 102-240, the Transportation Equity Act for the 21st Century, PL 105-178, and any successor acts or reauthorizations of said acts, and actions such as filing applications for federal assistance, supervising the expenditure of funds under federal grants or other assistance agreements and making any determinations and certifications necessary or appropriate to the foregoing. If any federal law, administrative regulation or practice requires any action relating to such federal assistance to be taken by a department, agency or other instrumentality of the commonwealth other than the department of highways, such other department, agency or instrumentality shall take such action.

In furtherance of the foregoing purposes, the department of highways, as appropriate, shall apply for and accept any federal funds available for projects authorized in sections 2 and 2A, and such federal funds when received shall be credited to the Federal Highway Construction Program Fund. To meet a portion of the expenditures authorized by section 2 and 2A, there is hereby appropriated to the Federal Highway Construction Program Fund the sum of $1,627,248,000 which shall be expended, subject to the limitations contained in Article LXXVIII of the Amendments to the Constitution and which shall be in addition to the amounts appropriated in section 1 of chapter 15 of the acts of 1988, section 1 of chapter 33 of the acts of 1991, section 2 of chapter 102 of the acts of 1994, section 2 of chapter 273 of the acts of 1994, section 2 of chapter 113 of the acts of 1996, section 2 of chapter 205 of the acts of 1996 and section 2 of chapter 11 of the acts of 1997.

SECTION 59. Notwithstanding the provisions of any general or special law to the contrary, the provisions of section 61 and sections 62A to 62H, inclusive, of chapter 30, chapter 91, and section 40 of chapter 131 of the General Laws shall not apply to bridge projects of the department of highways and the Massachusetts Bay Transportation Authority authorized under this act for the repair, reconstruction, replacement or demolition of existing state highway bridges and other bridges, including the immediate roadway approaches necessary to connect the bridges to the existing adjacent highway system, in which the design is substantially the functional equivalent of, and in similar alignment to, the structure to be reconstructed or replaced; provided, however, that notwithstanding the foregoing, the provisions of said section 61 and sections 62A to 62H, inclusive, of said chapter 30, said chapter 91 and said section 40 of said chapter 131 shall apply to any portions of the bridge and roadway approaches to the crossing of the Charles river for the Central Artery/Tunnel Project; provided further, that in the case of any state highway or other bridge crossing over a railroad right-of-way or railroad tracks, the department shall seek the opinion of a railroad company, railway company or its assigns operating on the track of a necessary clearance between the track and the state highway bridge; provided, further, that the department, its agents or contractors may enter upon any right-of-way, land or premises of a railroad company or railway company or its assigns for such purposes as the department may deem necessary or convenient to carry out the provisions of this act; and provided further, that if a flagman is needed to carry out the provisions of this act, the railroad company, railway company or its assigns shall provide such flagman. For the purposes of this section and item 6033-9969 of section 2B, the word "bridge" shall include any structure spanning and providing passage over water, railroad right-of-way, public or private way, other vehicular facility, or other area.

SECTION 60. All sums expended either pursuant to, or for which reimbursement is made under, this act for the purpose of acquiring, constructing or altering public transportation passenger vehicles or facilities, shall be expended in accordance with sections 12141 to 12150, inclusive, of Title 42 of the United States Code.

SECTION 61. For the purposes of this section the following words shall have the following meanings:-

"Minority", a person with permanent residence in the United States who is Black, Portuguese, Western Hemisphere Hispanic, Asian, Native American or Cape Verdean.

"Minority business enterprise", any individual, business organization or nonprofit corporation which is certified as a minority business as defined in section 40 of chapter 23A of the General Laws by the state office of minority and women business assistance established pursuant to section 41 of said chapter 23A.

"Women business enterprise," any individual, business organization or nonprofit corporation which is certified as a women business enterprise by said office.

Based upon the history of discrimination against minority and women business enterprises established by the results of the disparity study conducted pursuant to subsection (s) of section 3 of chapter 33 of the acts of 1991, and any other disparity studies thereafter conducted by the executive office of transportation and construction and its agencies, the executive office of transportation and construction, the Massachusetts Bay Transportation Authority, the department of highways or the Massachusetts aeronautics commission shall promote equality in the market and to that end, encourage full participation of minority and women owned businesses in all areas of state contracting, including contracts for construction, design and goods and services. Each such agency, commission, authority and political subdivision shall implement a narrowly tailored affirmative market program as set forth in Executive Order 390 which shall include race and gender conscious contracting goals when necessary to eliminate disparity between minority and women owned businesses and other business entities in the relevant market. Each such agency, commission, authority and political subdivision shall develop a comprehensive five-year plan, to be updated and approved by the secretary of administration and finance on an annual basis, to encourage the participation of minority and women owned business enterprises in all aspects of public contracting within the commonwealth, whereby not less that $3,000,000 annually shall be made available to create and support programs including, but not limited to, programs for building the capacity of minority and women owned business enterprises, programs for capturing information on Massachusetts businesses by industry and programs for implementing measures required to secure federal aid.

The secretary of transportation and construction and the executive officer of each such agency, commission, authority or political subdivision shall monitor the implementation of this section to ensure that the best efforts of each agency, commission, authority and political subdivision are utilized in the implementation of this section. Each such agency, commission and authority shall provide written quarterly reports to its respective secretary and to the secretary of administration and finance. Each such political subdivision shall provide written quarterly reports to the office granting or otherwise providing funds authorized in this act and to the secretary of administration and finance. The quarterly reports shall detail the total number of contracts entered into, the dollar value of each contract, the number of contracts entered into with minority and women owned business enterprises and the dollar value of each contract entered into with such enterprises.

Notwithstanding the provisions of any general or special law to the contrary, each executive office, agency, commission, authority or political subdivision may initiate state office of minority and women business assistance certification of minority and women business enterprises in a manner consistent with the rules and regulations promulgated by said office. If an executive office, agency, commission, authority or political subdivision makes a referral that a business may be a minority or women owned business enterprise, such referral, together with supporting documentation and a letter indicating the intent of the executive office, agency, commission, authority or political subdivision to contract with the business, shall be sent to such office, which shall approve or disapprove said business within 25 business days. Upon the certification of a business as a minority or women owned business enterprise by said office, such certification shall be effective for all executive offices and agencies for the purposes of this section.

SECTION 62. Notwithstanding the provisions of any general or special law to the contrary, the department of highways shall pursue to the greatest extent possible the use of recycled materials in highway construction including, but not limited to, the specifications of section 48 of chapter 205 of the acts of 1996. The department shall prepare a report on the use of recycled materials by the department and its contractors to be submitted to the clerk of the house of representatives, the clerk of the senate, the joint committee on transportation and the house and senate committees on ways and means not later than December 15, 2000.

SECTION 63. The commissioner of the division of capital asset management and maintenance, acting for and on behalf of the commonwealth, may, subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, transfer the care, custody and control of land or rights in said land within the parcels hereinafter described to the department of highways for highway purposes as part of the central artery/tunnel project.

The following parcels are located in the city of Boston and city of Cambridge and are shown on the location plan (sheet A) entitled: "The commonwealth of Massachusetts Plan of Land in the Cities of Boston and Cambridge, Suffolk County and Middlesex County, to be transferred to the department of highways for highway purposes dated: March 24, 1999; Scale: 200 Feet to the Inch" and prepared by Bechtel/Parsons Brinckerhoff. Individual parcels are shown on plan sheet numbers 1 to 15, inclusive, each dated March 24, 1999 with the scale as noted, and prepared by Bechtel/Parsons Brinckerhoff. Said location plan and plan sheets are to be filed with the chief engineer of the department of highways of the city of Boston.

Parcel No. 87-19, shown on plan sheet no. 1 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, comprises of land located on the northerly side of Nashua street at Leverett circle. Said parcel of land contains approximately 2,000 square feet in area and is currently used as a parking lot and is intended to be used for the purpose of widening said Nashua street as part of the construction, operation and maintenance of the artery/tunnel project.

Parcel No. 87-DSSWM-4-BWSC, shown on plan sheet no. 2 and owned by the commonwealth under the care, custody and control of its division of capital asset management and maintenance, comprises a portion of land located adjacent to the northeasterly street line of Lowell street and occupied by the registry of motor vehicles building. Said parcel of land contains approximately 1,020 square feet in area and is currently used for the purposes, including subsurface utilities, associated with the operation of the registry of motor vehicles and other possible state agency office operations. Said parcel is intended for transfer to the Boston water and sewer commission under sections 40E to 40J, inclusive, of chapter 7 and section 7G of chapter 81 of the General Laws for the purposes of installation, operation, maintenance and repair of a combined sewer and water main, associated structures and related appurtenances resulting in the relocation of the Boston water and sewer commission's present systems as impacted by the construction of the artery/tunnel project.

Parcel No. 87-7, shown on plan sheet no. 3 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, comprises a portion of land located adjacent to a portion of the northerly street line of Lomasney way near Leverett circle. Said parcel of land contains approximately 15,251 square feet in area and is currently used as a public vehicular passageway for traffic and is intended for the same purposes, improved through construction, associated with the construction, operation and maintenance of the artery/tunnel project.

Parcel No. 87-8, shown on plan sheet no. 4 and owned by the commonwealth under the care, custody and control of its division of capital asset management and maintenance, comprises a portion of land located adjacent to the southwesterly street line of Nashua street and occupied by the registry of motor vehicles building. Said parcel of land contains approximately 39,440 square feet in area and is currently used for purposes, including parking and subsurface utilities, associated with any other possible state agency office operations and is intended for purposes associated with the construction, operation and maintenance of the artery/tunnel project, including but not limited to surface, subsurface and elevated roadways and utilities relocations and all related appurtenances thereto.

Parcel No. 87-DSS-5-BWSC, shown on plan sheet no. 5 and owned by the commonwealth under the care, custody and control of its division of capital asset management and maintenance, comprises a portion of land located adjacent to the southwesterly street line of Nashua street and occupied by the registry of motor vehicles building. Said parcel of land contains approximately 3,270 square feet in area and is currently used as a dirt buffer area between a concrete walk and said building for the purposes associated with the operation of the registry of motor vehicles and other possible state agency office operations. Said parcel is intended for transfer to the Boston water and sewer commission under sections 40E to 40J, inclusive, of chapter 7 and section 7G of chapter 81 of the General Laws for the purposes of the installation, operation, maintenance and repair of a combined sanitary sewer and associated structures and related appurtenances resulting in the relocation of the Boston water and sewer commission's combined sanitary sewer system as impacted by the construction of the artery/tunnel project.

Parcel No. 87-D-13, shown on plan sheet no. 5 and owned by the commonwealth under the care, custody and control of its division of capital asset management and maintenance, comprises a portion of land located adjacent to the southwesterly street line of Nashua street and occupied by the registry of motor vehicles building. Said parcel of land contains approximately 940 square feet in area and is currently used as a driveway and dirt buffer area for purposes associated with the operation of the registry of motor vehicles and other possible state agency office operations. Said parcel is intended for the additional purpose of a subsurface drain easement for the purposes of installation, operation, maintenance and repair of a drainage system and associated structures and related appurtenances resulting from the necessary relocation of the drainage system needed for the construction of the artery/tunnel project.

Parcel No. 87-E-1, shown on plan sheet no. 5 and owned by the commonwealth under the care, custody and control of its division of capital asset management and maintenance, comprises a portion of land located adjacent to the southwesterly street line of Nashua street and occupied by the registry of motor vehicles building. Said parcel of land contains approximately 8,490 square feet in area and is currently used for the purposes associated with the operation of the registry of motor vehicles and any other possible state agency office operations. Said parcel is intended to be a highway easement for purposes associated with the construction, operation and maintenance of the artery/tunnel project, including but not limited to surface, subsurface and elevated roadways and utilities relocations and all related appurtenances thereto.

Parcel No. 87-13, shown on plan sheet no. 5 and owned by the commonwealth under the care, custody and control of its division of capital asset management and maintenance, comprises a portion of land located adjacent to the southwesterly street line of Nashua street and occupied by the registry of motor vehicles building. Said parcel of land contains approximately 20 square feet in area and is currently used for the concrete walkway associated with the operation of the registry of motor vehicles and any other possible state agency office operations. Said parcel is intended for purposes associated with the construction, operation and maintenance of the artery/tunnel project, including but not limited to surface, subsurface and elevated roadways and utilities relocations and all related appurtenances thereto.

Parcel No. 87-D-10, shown on plan sheet no. 5 and owned by the commonwealth under the care, custody and control of its division of capital asset management and maintenance, comprises a portion of land located adjacent to the southwesterly street line of Nashua street and occupied by the registry of motor vehicles building. Said parcel of land contains approximately 70 square feet in area and is currently used as a concrete walkway area for purposes associated with the operation of the registry of motor vehicles and other possible state agency office operations. Said parcel is intended for the additional use of a subsurface drain easement for the purposes of the installation, operation, maintenance and repair of a drainage system and associated structures and related appurtenances resulting from the necessary relocation of the drainage system needed for the construction of the aforementioned artery/tunnel project.

Parcel No. 86-E-4, shown on plan sheet no. 6 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, is located within the Charles river. Said parcel contains approximately 19,940 square feet in area and is currently used for recreational boating and water related activities. Said parcel is intended for the additional purpose of a highway easement for a bridge and necessary pier supports and related appurtenances as part of the construction, operation and maintenance of the artery/tunnel project.

Parcel No. 5-E-1, shown on plan sheet no. 7 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, is located within the Charles river. Said parcel of land contains approximately 19,860 square feet in area and is currently used for recreational boating and water related activities. Said parcel is intended for the additional purpose of construction of a bridge and necessary pier supports and related appurtenances as part of the construction, operation and maintenance of the artery/tunnel project.

Parcel No. 86-E-1, shown on plan sheet no. 8 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, comprises a portion of land located adjacent to the Charles river on the southerly side, near to the Charles river locks. Said parcel of land contains approximately 25,210 square feet in area and currently used for parking, pedestrian recreational walkway purposes and water related activities for that portion of said parcel lying within the waters of the Charles river. Said parcel intended for the additional purpose of construction of a bridge and necessary pier supports and related appurtenances, for the re-building of the present seawall and for the relocation of subsurface utilities, if necessary; all as part of the construction, operation and maintenance of the artery/tunnel project.

Parcel No. 86-E-3, shown on plan sheet no. 9 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, and is located within the Charles river near to the Charles river locks. Said parcel of land contains approximately 124,710 square feet in area and is currently used for recreational boating and water related activities. Said parcel is intended for the additional purpose of construction of a bridge and necessary pier supports and all related appurtenances as part of the construction, operation and maintenance of the artery/tunnel project.

Parcel No. 86-WM-2-BWSC, shown on plan sheet no. 12 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, is located within the Charles river on the northwesterly side. Said parcel contains approximately 1,520 square feet in area and is currently used for recreational boating and water related activities. Said parcel is intended for transfer to the Boston water and sewer commission under sections 40E to 40J, inclusive, of chapter 7 and section 7G of chapter 81 of the General Laws for the purposes of the installation, operation, maintenance and repair of a water main system and related appurtenances resulting in the necessary relocation of the Boston water and sewer commission's present water main as impacted by the construction of the artery/tunnel project.

Parcel No. 49-14, shown on plan sheet no. 10 is supposed to owned by the commonwealth, comprises a portion of the Millers river, adjacent to interstate route 93 and near the property of Boston Sand and Gravel Company. Said parcel of land contains approximately 62,080 square feet in area and is currently used as a collector for permitted discharge of drainage and as a storm water retention area. Said parcel is intended for additional purposes associated with the construction, operation and maintenance of the artery/tunnel project.

Parcel No. 2-15, shown on plan sheet no. 10 and owned by the commonwealth, comprises a portion of the Millers river, adjacent to interstate highway route 93 and near the property of Boston Sand and Gravel Company. Said parcel of land contains approximately 47,950 square feet in area and is currently used as a collector for permitted discharge of drainage and as a storm water retention area. Said parcel is intended for additional purposes associated with the construction, operation and maintenance of the artery/tunnel project.

Parcel No. 2-E-24, shown on plan sheet no. 11 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, comprises a portion of land located northwesterly of Industrial Park road. Said parcel of land contains approximately 19,830 square feet in area and is currently used as a sidewalk and grass buffer adjacent to the Prison Point pumping station operated by the commonwealth through its Massachusetts Water Resource Authority for the treatment and chlorination of a combined storm sewer and sanitary sewer system and for eventual discharge into the Charles river. Said parcel is intended for the additional purpose of constructing an elevated roadway, necessary pier supports and related appurtenances and any necessary utilities relocations as part of the construction, operation and maintenance of the artery/tunnel project.

Parcel No. 70-4, shown on plan sheet no. 12 and owned by the commonwealth under the care, custody and control of its division of capital asset management and maintenance, comprises a portion of land located on the westerly side of interstate highway route 93 adjacent to the intersection of South Bay avenue and Moore street. Said parcel of land contains approximately 6,590 square feet in area and is currently used as a state highway, by a license granted to the department of highways by the division of capital asset management and maintenance. Said parcel is intended to be used for purposes associated with the construction, operation and maintenance of the artery/tunnel project.

Parcel No. 87-18, shown on plan sheet no. 13 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, comprises a portion of land located on the northerly side of Nashua street. Said parcel of land contains approximately 1,680 square feet in area and is currently used as a parking lot and heliport pad. Said parcel is intended for the purpose of widening said Nashua street as part of the construction, operation and maintenance of the artery/tunnel project.

Parcel No. 87-10-C, shown on plan sheet no. 13 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, comprises a portion of land located on the northerly side of Nashua street. Said parcel of land contains approximately 1,860 square feet in area and is currently used as a parking lot. Said parcel is intended for transfer to the city of Boston under sections 40E to 40J, inclusive, of chapter 7 and section 7A of chapter 81 of the General Laws for the purpose of widening said Nashua street as part of the construction of the artery/tunnel project.

Parcel No. 49-26, shown on plan sheet no. 14 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, comprises a portion of land located on the southeasterly side of the John F. Gilmore bridge near the intersection with interstate highway route 93. Said parcel of land contains approximately 1,420 square feet in area and is currently used as an elevated bridge roadway containing the necessary pier supports and is intended for the same purposes associated with the construction of the artery/tunnel project.

Parcel No. 49-27, shown on plan sheet no. 14 and owned by the commonwealth under the care, custody and control of its metropolitan district commission, comprises a portion of land located on the southeasterly side of the John F. Gilmore bridge near the intersection with interstate highway route 93. Said parcel of land contains approximately 910 square feet in area and is currently used as an elevated bridge roadway containing the necessary pier supports. Said parcel is intended for the same purposes associated with the construction of the artery/tunnel project.

Parcel No. 75-D-4, shown on plan sheet no. 15 and owned by the commonwealth, comprises a portion of land east of Beverly street and located within the Charles river. Said parcel of land contains approximately 2,200 square feet in area and is currently used for recreational boating and water related activities. Said parcel is intended for additional purposes associated with the installation, operation and maintenance of a drainage outfall system and related appurtenances as part of the construction of the artery/tunnel project.

SECTION 64. The commissioner of the division of capital asset management and maintenance may, subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, acquire by eminent domain, purchase or otherwise, or transfer, as appropriate, certain parcels of land as hereinafter described. All parcels shall be diverted from their present use to a highway use.

A certain parcel in the town of Lancaster owned by the commonwealth and presently used by the department of youth services for correctional purposes. A parcel of land containing about 5,933 square meters situated on the southerly side of state highway route 2 in the town of Lancaster owned by the commonwealth and bounded southerly by land now or formerly of the United States Army in one course, 37.283 meters westerly by a line bearing north 48 degrees 24'33"west, 10.745 meters, and a curve to the left of 300 meter radius, 243.65 meters, northerly by the location line of the February 28, 1951 State Highway Layout of Route 2(LO 3830) 187.805 meters and easterly by the aforesaid layout 108.912 meters. This parcel is shown on a plan titled: "The Commonwealth of Massachusetts Plan of Road in the town of Lancaster Middlesex County Taken For Highway Purposes Department of Highways". This plan shall be kept on file by the chief engineer of the department of highways.

Certain parcels of land in the city of Woburn owned by the city of Boston and presently used for park land purposes. Said parcels are more particularly described as follows:

Parcel 10-1, situated on the southwesterly side of Cambridge street and the southerly side of the dividing line between the town of Burlington and city of Woburn. Said dividing line, also being the southerly layout line of South Bedford street in the town of Burlington, is bounded and described as follows:

Beginning at the point of intersection of the southwesterly layout line of Cambridge street and the southerly layout line of South Bedford street, said point also being an angle point in the dividing line between the town of Burlington and city of Woburn; thence south 25<=-56'-17" east by said southwesterly layout line of Cambridge street 156.93 feet to a point; thence leaving said layout line south 58<=-54'-31" west by land now or formerly of Daniel P. Conway and Doreen M. Conway 10.04 feet to a point; thence north 25<=-56'-17" west by other land of city of Boston parks and recreation department 158.38 feet to a point; thence north 67<=-11'-34" east by the dividing line between the town of Burlington and city of Woburn, said dividing line also being the southerly layout line of South Bedford street, 10.01 feet to the point of beginning, said Parcel 10-1 containing about 1,580 square feet of land.

Parcel 10-1-C, situated on the southerly side of the dividing line between the town of Burlington and city of Woburn. Said dividing line, also being the southerly layout line of South Bedford street in the town of Burlington, is bounded and described as follows:

Beginning at a point on said dividing line and layout line, said point being south 67<=-11'-34" west of and 412.88 feet distant from the point of beginning of Parcel 10-1 hereinbefore described; thence north 67<=-11'-34" east by said dividing line and layout line 402.87 feet to a point; thence south 25<=-56'-17" east by Parcel 10-1 hereinbefore described 45.47 feet to a point; thence by other land of city of Boston parks and recreation department on four courses as follows: northwesterly to westerly by a curve to left of 30.00 feet radius, 39.61 feet; westerly to southwesterly by a curve to the left of 620.00 feet radius, 119.11 feet; south 67<=-24'-27" west, 194.64 feet; and south 71<=-24'-39" west, 68.44 feet to the point of beginning, said Parcel 10-1-C containing about 2,925 square feet of land.

Parcels 10-1 and 10-1-C are shown on a plan entitled, "Plan of Land in the City of Woburn, Massachusetts, Middlesex County, Owned by the City of Boston Parks and Recreation Department and Required for Highway Purposes, Scale 1"= 40', February 25, 1994". Said plan shall be kept on file by the chief engineer of the department of highways.

Certain parcels of land in the town of Kingston supposed to be owned by the commonwealth under the supervision and control of the department of environmental management and presently used for environmental purposes. Said parcels are more particularly described as follows:

Parcel 6-6 located between interstate highway route 80 and Pratt Pond, and bounded as follows: northerly by land now or formerly of said commonwealth under the supervision and control of the department of environmental management about 1,761 feet; easterly by land now or formerly of the town of Kingston about 389 feet; southeasterly by land now or formerly of the Congregation of the Sisters of Divine Providence about 85 feet; southerly by land now or formerly of said commonwealth under the supervision and control of the department of environmental management about 2,281 feet; northwesterly by land now or formerly of Lawrence W. and Paul W. Bernstein about 737 feet; containing about 18.87 acres.

Parcel 6-9 is a parcel of land supposed to be owned by the commonwealth under the supervision and control of the department of environmental management adjoining the easterly sideline of interstate highway route 80 and being about 5,000 feet northerly from the Sacred Heart school, and is bounded and described as follows:

southwesterly by said sideline of interstate highway route 80 in two courses 352.95 feet and about 169 feet; northwesterly, northeasterly and northwesterly by land now or formerly of said commonwealth under the supervision and control of the department of environmental management in three courses about 283 feet, about 144 feet and about 813 feet; northeasterly by land now or formerly of Lawrence W. and Paul W. Bernstein about 357 feet; southeasterly by land now or formerly of Reed F. Stewart, Helen P. Lincoln, Leona Asker, William S. Abbott and John W. Peirce Trustees of "Plymouth County Wildland Trust" about 191 feet; southerly by land now or formerly of said commonwealth under the supervision and control of the department of environmental management about 32 feet; containing about 13.79 acres.

Parcel 6-10 is a parcel of land supposed to be owned by the commonwealth under the supervision and control of the department of environmental management adjoining the westerly sideline of interstate highway route 80 and being about 5,000 feet northerly from the Sacred Heart school, and bounded as follows: northeasterly by said sideline of interstate highway route 80 in two courses about 35 feet and about 123 feet; southerly by land now or formerly of the commonwealth under the supervision and control of the department of highways about 283 feet; northwesterly by land now or formerly of the said commonwealth under the supervision and control of the department of environmental management about 288 feet; containing about 0.50 acres. Parcels 6-6, 6-9 and 6-10 are shown on a plan entitled "Carver-Plympton-Kingston Relocated Route 44, Preliminary Right of Way Plan". This plan shall be kept on file with the chief engineer of the department of highways.

A parcel of land owned by the commonwealth under the supervision and control of the department of environmental management, known as parcel 46221, and presently used for environmental purposes. The parcel is located on the westerly side of Millbury street in the city of Worcester and is bounded and described as follows:

southerly by the Millbury town line about 130 feet; westerly by land now or formerly of the commonwealth under the supervision and control of the department of environmental management by a curve to the right with a radius of about, 3,059 feet and a length of about 182 feet; northerly by the Blackstone river about 190 feet; easterly by land now or formerly of commonwealth under the supervision and control of the department of environmental management, by two curves. The first is a curve to the left with a radius of about 1,530 feet and a length of about 57 feet, the second is a curve to the left with a radius of about 2,390 feet with a length of about 293 feet. Said parcel contains about 31,130 square feet. Said parcel of land is shown on a plan entitled "Plan of land in the City of Worcester, Massachusetts", prepared by Bryant Associates, Incorporated, dated August 20, 1996. This plan shall be kept on file with the chief engineer of the department of highways.

SECTION 65. In consideration of the transfer of parcels of land pursuant to section 64, the commissioner of capital asset management and maintenance shall transfer the care, custody and control of certain parcels of land in the town of Kingston owned by the commonwealth under the care, custody and control of the department of highways to the department of environmental management. These parcels are more particularly described as follows:

Parcel 6-FRL-1, a parcel of land owned by the commonwealth, located about 2,200 feet east of state highway route 80 and about 1,000 feet west of Great Mink Hole, and bounded as follows:

Northerly by land formerly of Lawrence Bernstein and Paul W. Bernstein, Trustees of the Bernstein Realty Trust and Paul W. Bernstein and Marion J.S. Bernstein, Trustees of the Paul W. Bernstein Realty Trust about 26 feet; southeasterly by land now or formerly of the commonwealth of Massachusetts (department of environmental management) about 23 feet; southwesterly by land now or formerly of Reed F. Stewart, Helen P. Lincoln, Leona Asker, William S. Abbot and John W. Pierce, Trustees of Plymouth County Wildland Trust about 14 feet; containing about 157 square feet.

Parcel 6-FRL-2, a parcel of land owned by the commonwealth, adjoining the easterly sideline of state route 80 and being about 6,350 feet northerly from the Sacred Heart school, and bounded as follows:

Westerly by said sidelines of state highway route 80, 452.46 feet; northerly and westerly by land now or formerly of William E. and Ross A. Po and, in part, by land now or formerly of Indian Pond Cranberry Corporation in two courses 388.65 feet and 727.18 feet, respectively; northeasterly, northwesterly and northeasterly by land now or formerly of Frederick M. Tonsberg in three courses about 1,320 feet, 697.13 feet and about 495 feet, respectively; southeasterly and northeasterly by land now or formerly of the town of Kingston and in part now or formerly of Gerald V. and Marleen T. Sheehan in two courses 222.75 feet and about 1,270.5 feet, respectively; southeasterly by land now or formerly of the commonwealth under the supervision and control of the department of environmental management about 560 feet; southerly by land now or formerly of Lawrence Bernstein and Paul W. Bernstein, Trustees of the Bernstein Realty Trust and Paul W. Bernstein and Marion J.S. Bernstein, Trustees of the Paul Bernstein Realty Trust about 1,633 feet; southwesterly by land now or formerly of the commonwealth under the supervision and control of the department of environmental management and in part by land nor or formerly of James W. and Ann Maria Whittier about 1,323.4 feet; containing about 72.58 acres.

Parcels 6-FRL-1 and 6-FRL-2 are shown on a plan entitled "The Commonwealth of Massachusetts plan of Land In The Town of Kingston, Plymouth County, Taken For Highway & Functional Replacement Purposes By The Department of Highways May 2, 1995". This plan is on file in the Plymouth county registry of deeds, being recorded in connection with an order of taking recorded at book 13569, page 010.

SECTION 66. The commissioner of capital asset management and maintenance may, subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, acquire by eminent domain, purchase or otherwise, a parcel of land in the city of Attleboro. This parcel is owned by the city of Attleboro and is presently used for housing purposes. The parcel shall be diverted from the present use to highway use.

Parcel No. 20-6-C: A parcel of land owned by the Attleboro housing authority and described in deed book 1685 page 631 recorded at the Bristol county north registry of deeds bounded as follows:

Beginning at the point of intersection of the westerly line of Ellis street and the northerly line of former Olive or Maple street; thence N82<=-20'-37"W by said northerly for thirty and twenty hundredths meters (30.20 M.), being ninety-nine and zero tenths feet (99.0') to a corner; thence, N80<=-29'-2"E through land of the Attleboro Housing Authority for thirty and seventy-three hundredths meters (30.73M.), being one hundred and zero tenths feet (100.0') to a corner on said line of Ellis street; thence, S2<=-25'-5"W by said line of Ellis street for nine and eleven hundredths meters (9.11 M.), being thirty and zero tenths feet (30.0') to the point of beginning; containing one hundred thirty-seven square meters (137.S.M.), being one thousand four hundred seventy-five square feet (1,475 SF). This parcel is shown on a plan entitled: "The commonwealth of Massachusetts, Plan of Land in Attleboro, Ma. Showing Parcel Needed for City Highway Purposes Date: October 19, 1998; Scale: As Noted. This plan is on file with the chief engineer of the department of highways.

SECTION 67. The Mystic Valley Development Commission may receive funding pursuant to item 1100-9000 of section 2F for the Mystic Valley development project, known as Telecom city, but such authorization shall be subject to the following conditions:-

(a) the commission shall adopt a project budget subject to the approval of the secretary of administration and finance;

(b) the commission shall adopt revisions necessary for the implementation of the plan and such revisions shall be subject to the approval of the secretary of administration and finance;

(c) the commission shall enter into a contract with a master developer for the purpose of managing the project, but such contract shall be subject to approval by the secretary of administration and finance and such contract shall include provisions requiring said master developer to provide not less than $14,000,000 in private capital for purpose of financing the project, at least $1,000,000 of which shall be placed on deposit with the commission upon the execution of such contract and the balance then remaining shall be subject to such security requirements established by the secretary of administration and finance; and

(d) each participating city shall contribute $1,000,000, in addition to the value of property contributed to the project.

SECTION 68. The Mystic Valley Development Commission may receive additional funding for the purpose of completing the Mystic Valley development project, known as Telecom city, but such additional funding shall be contingent upon receipt of federal grants or private gifts in the aggregate of not less than $13,000,000 but not less than $2,000,000 shall be provided by federal agencies.

SECTION 69. Item 6033-9717 of section 2B of chapter 11 of the acts of 1997 is hereby amended by striking out the words "$2,000,000 shall be expended for the design and construction of a truck bypass road in the East Boston section" and inserting in place thereof the following words:- $10,000,000 shall be expended for the design and construction of a truck bypass road in the East Boston section.

SECTION 70. The Governor disapproved this section. For message, see Senate, No. 2280. Notwithstanding the provisions of any general or special law to the contrary, including the provisions of any prior capital authorization act, the Massachusetts Port Authority shall expend not more than $15,000,000 for the design, engineering, permitting and construction of a dedicated commercial freight corridor to preserve truck access between the Paul W. Conley Marine terminal in the South Boston section of the city of Boston over the reserve channel, so-called, to the existing port haul road connecting to the interstate highway system, including development of a cost estimate for acquiring a parallel rail easement to connect the Paul W. Conley terminal to the rail line that ends at the marine industrial park in the South Boston section of the city of Boston but not more than 15 per cent of the total appropriation herein shall be expended for the design of said freight corridor. Said authority shall consider the recommendations set forth in the feasibility study entitled "Conley Terminal Dedicated Truck Road Final Report," prepared for the authority by Earth Tech dated August 31, 1998. Said freight corridor shall be designed and constructed to handle the maximum allowable weight for trucks of 99,000 pounds. Said freight corridor shall include a buffer zone between the haul road and the nearby residential community which shall be designed in consultation with the neighborhood residents in order to minimize impact upon the neighborhood. The Massachusetts Port Authority shall file such designs, permits and cost estimates with the joint committee on transportation and the port competitive task force, so-called, prior to construction of the haul road and not later than April 1, 2001.

SECTION 71. Notwithstanding the provisions of any general or special law to the contrary, the executive office of transportation and construction shall grant to the Pioneer Valley Transit Authority not later than December 30, 2000 the funds appropriated in item 6033-9709 of section 2B of chapter 11 of the acts of 1997 for the Springfield Union Intermodal Station Project, so-called, in the city of Springfield. Said funds shall not be considered as the state match to any federal funds obtained for said project pursuant to the Transportation Equity Act for the 21st Century, PL 105-178 or any prior or subsequent federal act. No funds shall be expended from this item unless a federal commitment to this project is obtained in a minimum amount of $15,000,000.

SECTION 72. Notwithstanding the provisions of any general or special law to the contrary, the Massachusetts Turnpike Authority shall conduct an investigation and feasibility study of constructing a monument to the Armenian Genocide of 1915-1922.

SECTION 73. The Governor disapproved this section. For message, see Senate, No. 2280. A special commission is hereby established to develop a comprehensive, long-range, surface transportation finance plan for the commonwealth. In the course of its deliberations, the commission shall examine the transportation needs of the commonwealth for the next six federal fiscal years as identified in the state transportation improvement program, the program for mass transportation and other transportation needs as identified by the commission. The commission shall examine the projected federal funding projected state funding, and any other sources of projected funding to finance such transportation needs. The commission shall also examine the capital needs of the cities and towns to be financed under the chapter 90 program, so-called, and the funding available for said program for such period as can be practically examined. The commission shall also make a priority of examining the technical and financial feasibility of the public transit projects known as the "Urban Ring" and the "North/South Rail Link". Both projects shall be given serious consideration and shall be evaluated based on their possible economic and environmental benefits.

The commission shall develop a report detailing its findings relative to identified transportation needs and identified funding sources. The commission shall further develop recommendations as to what funding measures the commonwealth may pursue to satisfy any unmet funding needs identified by said commission. The commission shall file its plan with the governor, the speaker of the house of representatives and the president of the senate not later than December 31, 2000. The commission shall file an updated plan every year not later than December 31.

Said commission shall have 18 members and shall consist of the chairmen of the joint committee on transportation who shall serve as chairmen of the commission; the chairman of the house committee on ways and means; the chairman of the senate committee on ways and means; the chairman of the house committee on long term debt and capital expenditures; the secretary of administration and finance; the secretary of transportation and construction; the chairman of the Massachusetts Turnpike Authority; the chairman of the board of directors of the Massachusetts Bay Transportation Authority; three members, who shall not be members of the general court, to be appointed by the president of the senate to serve a term of two years; one member, who shall not be a member of the general court, to be appointed by the minority leader of the senate to serve a term of two years; two members, who shall not be members of the general court, to be appointed by the speaker of the house of representatives to serve a term of two years; one member, who shall not be a member of the general court, to be appointed by the minority leader of the house of representatives to serve a term of two years; and two members, who shall not be members of the executive branch, to be appointed by the governor to serve a term of two years. The members of the commission to be appointed by the president of the senate, the minority leader of the senate, the speaker of the house of representatives, the minority leader of the house of representatives and the governor shall be experts in transportation planning, public finance or design and construction of transportation projects.

SECTION 74. The Governor disapproved this section. For message, see Senate, No. 2280. There is hereby established a special commission on expenditures by the commonwealth for snow and ice operations. Such commission shall consist of four members of the house of representatives, three of whom shall be appointed by the speaker of the house and one of whom shall be appointed by the house minority leader, three members of the senate, two of whom shall be appointed by the president of the senate and one of whom shall be appointed by the senate minority leader, the secretary of administration and finance or his designee and the commissioner of highways or his designee. Said commission shall conduct an analysis and review of the manner in which recommendations for changes in current policies and procedures are effected. Said commission shall conduct such analysis and review with the goal of improving timeliness of payments to vendors and contractors used by the commonwealth in snow and ice operations and improving the procedures employed by the Highway Fund to ensure the most cost-effective use of private vendors. The first meeting of the commission shall take place not later than 30 days after the effective date of this act. Said commission shall file a report of its findings and recommendations with the clerks of the house and senate, the joint committee on transportation and the senate and house committees on ways and means not later than December 1, 2000.

SECTION 75. The Governor disapproved this section. For message, see Senate, No. 2280. There is hereby established a special commission to study issues pertaining to county ways in the abolished counties of the commonwealth. Said study shall include, but not be limited to, issues pertaining to the legal status, ownership, maintenance, repair, liability and governance of former county ways. Said commission shall present findings and recommendations for changes to the General Laws relative to county ways. Said commission shall be known as the special commission on county ways and shall consist of 12 members, consisting of the secretary of transportation and construction, or his designee, the secretary of administration and finance, or his designee, the commissioner of highways, or his designee, a representative of the Massachusetts Municipal Association, a representative of the Franklin Regional Council of Governments, a representative of the Hampshire Regional Council of Governments, three members of the house of representatives, to be appointed by the speaker, one of whom shall be a member of the joint committee on transportation, and three members of the senate, to be appointed by the senate president, one of whom shall be a member of the joint committee on transportation. Said commission shall report its findings and recommendations to the house and senate committees on ways and means and the joint committee on transportation by March 30, 2001.

SECTION 76. The Governor disapproved this section. For message, see Senate, No. 2280. The director of the Massachusetts Port Authority and the chair of the Massachusetts Turnpike Authority shall establish a frequent commuter pass system for commuters traveling on the Tobin Bridge and the Massachusetts Turnpike. Said system shall take effect upon the implementation of the next fare adjustment in each respective authority.

SECTION 77. To facilitate the development of the Mystic Valley Development Project Area, the department of highways shall utilize up to $12,623,607 of the funding authorized in section 2 or 2B to match the $5,250,000 designated by the federal government under the Transportation Equity Act for the Twenty-First Century (TEA-21) for the site acquisition and planning, engineering, design and construction of TeleCom boulevard, the major roadway system crossing the said project area via Commercial street and Corporation way to the west of Malden river and with access via Santilli highway to the east of the river in Everett, Medford, and Malden. Said department shall also utilize the up to $5,400,000 of funding authorized in section 2 or 2B to fund the design of improvements to the state highway route 16 corridor and other roadway systems in close proximity to said project area. Failure of the commonwealth to complete projects in accordance with the plan, as defined in section 11 of chapter 294 of the acts of 1996, may make null and void the required capital commitment of the master developer specified in subsection (iii) of section 61.

SECTION 78. Notwithstanding the provisions of any general or special law to the contrary, the comptroller shall transfer to item 1102-8981 of section 2F an amount not to exceed $6,000,000 in expenditures from allocation account 1102-9717 of item 6035-9717 of section 2B of chapter 11 of the acts of 1997 incurred by the department of highways for purposes of the registry of motor vehicles building demolition contract, pursuant to an interdepartmental service agreement between said department and the division of capital asset management and maintenance.

SECTION 79. Notwithstanding the provisions of any general or special law to the contrary, the bicycle path within Nickerson state park, which is separate and distinct from the Cape Cod Rail Trail, shall be deemed the Robert B. Hooper memorial bicycle path. The department of environmental management shall erect and maintain suitable markers bearing said designation in compliance with the standards of said department.

SECTION 80. The Governor disapproved this section. For message, see Senate, No. 2280 Notwithstanding the provisions of any general or special law, the department of highways shall implement a pilot project allowing for the use of modified low volume and low speed design standards, which shall permit road widths of not more than 24 feet where appropriate, for certain rural projects, including the Buffam road reconstruction project in the town of Pelham and the Leverett, Cooleyville and Prescott roads reconstruction project in the town of Shutesbury. Said department shall submit a report on said pilot project to the joint committee on transportation not later than 60 days after the completion of said project.

SECTION 81. The Governor disapproved this section. For message, see Senate, No. 2280. Notwithstanding the provisions of any general or special law to the contrary, the department of highways shall, in consultation with local highway superintendents and other interested parties, formulate appropriate standards for the design of bridges serving connectors and local roads which meet low speed and low volume roadway criteria as defined in Section 8.2 of the department's design manual. The scale and materials for low speed and low volume design standards shall reflect the rural or local character of the roadways and communities they serve. The standards shall be made available for public review and comment and become the policy of the department not later than June 30, 2001.

SECTION 82. The Governor disapproved this section. For message, see Senate, No. 2280. Notwithstanding the provisions of any general or special law to the contrary, the department of highways, in furthering environmental protections, may implement a statewide corrosion mitigation program utilizing electrochemical corrosion passivation and chloride extraction treatment of steel reinforced concrete structures as a means of stopping existing corrosion and preventing the initiation of new corrosion. The electrochemical corrosion passivation and chloride extraction treatment method that shall be utilized, uses an anode system temporarily installed on the surface of the concrete, to facilitate the passing of a continuously monitored, and unequally adjusted, low voltage DC current to the steel reinforcement for the purpose of eliminating differentials in the surface potentials on the steel reinforcement.

Said department shall report to the joint committee on transportation and the chairman of the house and senate committees on ways and means on the program method's safety to structures and the environment, cost effectiveness, effectiveness in eliminating new corrosion, and effectiveness in stopping existing corrosion. Said report shall be due not later than June 1, 2001.

SECTION 83. Notwithstanding any general or special law to the contrary, the department of environmental protection shall conduct a study assessing the impact of the construction of the proposed Guilford Auto Unloading Facility in the town of Ayer on the drinking water supply of the towns of Ayer, Harvard and Littleton. The department shall report the results of said study by filing the same with the clerks of the towns of Ayer, Harvard and Littleton on or before December 1, 2000.

SECTION 84. Notwithstanding the provisions of section 15C of chapter 40 of the General Laws, state highway route 105 in the towns of Acushnet, Marion and Rochester is hereby designated as a scenic road. It shall be subject to all of the provisions of said section 15C of said chapter 40 for the purposes of repair, maintenance, reconstruction, or paving of said highway.

SECTION 85. Notwithstanding any provision of chapter 91 of the General Laws or any other general or special law, rule or regulation to the contrary, no waterways license pursuant to said chapter 91 shall be required for the construction of any structure on air rights, including necessary supports and foundations incidental thereto, adjacent to or over an intermodal transportation center, constructed on filled tidelands, which are more than 250 feet from the high water mark and any portion of such filled tidelands are separated from any flowed tidelands by a public way in existence at any time which was subsequently discontinued or abandoned and which way was used for the operations of any instrumentality of the United States, including any independent agency, establishment or department of any branch of government thereof. The chief planning agency in the city or town in which such intermodal transportation center is located and the regional transit authority shall work cooperatively to promote public access to flowed tidelands over and through any such intermodal transportation center.

SECTION 86. The Governor disapproved this section. For message, see Senate, No. 2280. Notwithstanding the provisions of any general or special law, rule or regulation to the contrary, an independent audit firm shall be retained for the purpose of conducting an independent audit of the Central Artery/Tunnel project, so-called. Said independent audit shall review all aspects of the Central Artery/Tunnel project and set forth projections in connection with any additional projected cost increases of the project. Said audit shall also assess the risk of additional costs for the remainder of said project. The audit firm shall assume that the commonwealth will continue to implement an annual statewide road and bridge construction program totaling approximately $400 million per year, when assessing the adequacy of the funding plan for said project. Said statewide construction program shall exclude spending on the Central Artery/Tunnel project and the Chapter 90 program, so-called. Selection of the audit firm shall be made jointly by the inspector general, attorney general, state auditor and state treasurer, not later than September 15, 2000. Said officials shall submit an appropriation request to the house and senate committees on ways and means to fund the cost of said audit. A final audit report with recommendations shall be submitted to the house and senate committees on ways and means on or before December 15, 2000.

SECTION 87. Notwithstanding the provisions of any general or special law to the contrary, the unexpended balance of the bond funded authorizations which are listed herein shall cease to be available for expenditure on the effective date of this act: 6033-0011; 6035-0031.

SECTION 88. Notwithstanding sections 38C, 40A and 40B of chapter 7 of the General Laws, the department of highways shall have jurisdiction over the selection of designers performing design services in connection with the construction of tourist information and sanitary buildings adjacent to state highways, and shall construct, control and supervise such buildings or may enter into contracts for the construction of such buildings. This section shall not apply to the construction of such buildings estimated to cost in excess of $1,000,000 per contract, and no construction or contractual agreement for construction shall begin prior to the review and approval of the inspector general.

SECTION 89. The Governor disapproved this section. For message, see Senate, No. 2280. The Massachusetts highway department is hereby directed to establish a pilot program to mandate the use of HDPE plastic drainage pipe as an alternative to Reinforced Concrete Pipe on specific projects under the jurisdiction of MassHighway District 2 and MassHighway District 4 for the specific purpose of product-evaluation following the manufacturer's specifications. The total number of projects included in the HDPE pilot program should not exceed 25 per cent of the total number of contracts issued by MassHighway District 2 and MassHighway District 4 combined. The Massachusetts highway department shall report the results of said pilot program to the joint committee on transportation upon completion of the project.

SECTION 90. The Governor disapproved this section. For message, see Senate, No. 2280. Notwithstanding the provisions of any general or special law to the contrary, as of the effective date of this act the regional transit authorities of the commonwealth established by chapters 161 and 161B of the General Laws are hereby authorized and directed to procure and finance all vehicles for their use in accordance with the provisions of this section.

Said authorities are hereby authorized to finance the purchase of such vehicles by means of lease financing contracts between said authorities and private financing entities. The selection of said entities and the terms and conditions of said lease financing contracts shall be overseen by and subject to the approval of the secretaries of administration and finance and transportation and construction. The lease period specified in any such contract shall not exceed 12 years from the date on which the vehicles are acquired by the said authority which is a party to such contract. Each such contract, including the specific schedule of vehicles the acquisition of which is to be financed thereby, shall be subject to the approval of the secretary of transportation and construction. No such authority shall finance the purchase of any such vehicles by means other than said lease financing contracts unless it shall have demonstrated to the satisfaction of the secretaries of administration and finance and transportation and construction the necessity of an alternative financing method and received the prior written approval of said secretaries. Said authorities are hereby further authorized to finance the purchase of non-vehicle equipment by means of said lease financing contracts, consistent with regulations and guidelines promulgated by the secretaries of transportation and construction and administration and finance.

The secretary of transportation and construction is hereby authorized to enter into agreements with said authorities to assist them in their direct payment of lease financing obligations incurred under said lease financing contracts. The execution of any such agreement shall be contingent upon the demonstration by a regional transit authority to the satisfaction of the secretary of transportation and construction that: (1) not less than the maximum amount of federal capital grant assistance, as defined by the United States Department of Transportation Federal Transit Laws, as codified in 49 U.S.C. 5301 et seq., has been or will be approved for award from the Federal Transit Administration for the vehicles and other equipment being lease financed; and (2) said authorities have coordinated their vehicle procurement process so as to maximize economies through joint issuance of requests for bids from vendors, establishment of joint blanket contracts and price agreements, and such similar measures as may be appropriate. No said authority shall purchase any vehicle other than through such a coordinated vehicle procurement process unless it shall have demonstrated to the satisfaction of the secretary of transportation and construction the necessity of an alternative procurement method and received his prior written approval.

The secretaries of administration and finance and transportation and construction are hereby authorized to promulgate in a coordinated manner such regulations or guidelines with application to the regional transit authorities as they may determine are appropriate for the management of vehicle and non-vehicle equipment acquisition, lease financing contracts, and federal and commonwealth funding pursuant to the provisions of this section.

SECTION 91. The Governor disapproved this section. For message, see Senate, No. 2280. Notwithstanding the provisions of any general or special law to the contrary, the pioneer valley transit authority may utilize a design-build, a fast-tracked or phased construction, an A+=B, or an A-B procurement process for the reconstruction, rehabilitation and development of the Springfield union intermodal station project, so-called, in the city of Springfield, but such procurement process shall not require an alternative means of financing unless specifically authorized by the legislature.

The procurement process for said project shall be determined in consultation with the inspector general. The inspector general shall comment in writing on such procurement process and shall submit such comments to the authority, the joint committee on transportation and the house and senate committees on ways and means not less than 30 days before the authority begins the procurement of design and construction services.

In order to effectuate an open, competitive and fair procurement and an effective contracting process, the authority shall not less than 45 days prior to the advertisement of the invitation for competitive bids using said procurement process, submit to the inspector general all procedures and criteria developed for the implementation of said alternative method, including a description of the project, the construction bid package or packages and evaluation criteria. Said inspector general shall submit written comments on said procedures to the authority not less than 30 days prior to said advertisement. The authority shall submit said procedures and criteria and the comments of the inspector general to the joint committee on transportation and the house and senate committees on ways and means at least 15 days prior to said advertisement for any contract to be awarded on the basis of an alternative method. Such procedures and criteria shall be approved by a vote of the authority. Said authority shall submit to said committees a report of the results of such procurement. If the authority awards the contract to other than the lowest responsive bidder, the authority shall submit to said committees and to the inspector general a written justification describing in detail why such award is in the best interest of the authority.

Except as otherwise provided in this act, the procedures to be followed and the terms and conditions of such procurement process shall be determined by the authority upon consultation with the inspector general and subject to review by the inspector general as set forth above, including written procedures for the selection of construction, design and other professionals for the project and said procedures shall also be approved by the authority's board of directors. The authority may designate a project manager for the project to serve as the authority's agent and consultant during the planning, design and construction of the project. The project manager's services shall include, but need not be limited to, monitoring the planning and programming and providing advice and consultation with respect to design, value engineering, cost estimating, scheduling, construction and the selection, negotiation with, and oversight of, a designer and a construction manager for the project. The project manager shall be selected pursuant to a publicly advertised request for qualifications, which shall include the entity's experience with the design and construction of similar projects, and performance on prior projects and such other factors as the authority deems appropriate.

The provisions of sections 26 to 27F, inclusive, and section 29 of chapter 149 of the General Laws shall apply to the contract between the authority and the contractor and all subcontracts awarded pursuant to this section.

The authority shall prepare quarterly reports on such project which shall include, but not be limited to: (i) the total amount expended on the project to date; (ii) the number of contracts entered into to date; (iii) the number of contracts entered into with minority businesses; (iv) the number of contracts entered into with women-owned businesses; (v) the dollar value of contracts entered into with minority businesses; (vi) the dollar value of contracts entered into with women-owned businesses; (vii) the total number of employees working on the project; and (viii) the total number of employees working on the project, broken down by race, ethnicity and gender. Said quarterly reports shall be submitted to the secretary of administration and finance, the house and senate committees on ways and means, the house and senate clerks, the house committee on long term debt and capital expenditures, and the joint committee on transportation. The authority shall prepare a final report which shall evaluate the effectiveness of such procurement process in terms of time and cost savings, as well as the quality of services, impact on the public, and any other impacts of such procurement process and the authority shall file said report with the above-named officials and committees not later than six months from the completion of such project.

SECTION 92. Notwithstanding the provisions of section 15C of chapter 40 of the General Laws, that portion of the state highway route 47 and routes 63/10 in the towns of Sunderland, Montague, Erving and Northfield in the Franklin county area, hereinafter called the Connecticut River Scenic Farm Byway, are hereby designated as a scenic byway in the commonwealth.

The Connecticut River Scenic Farm Byway shall begin on routes 63/10 in the town of Northfield at the New Hampshire state line and proceed generally southward to the split of routes 63 and 10 and shall include route 63 in the towns of Northfield and Erving to the junction with route 47 in the town of Montague; route 47 through the towns of Montague and Sunderland; and shall end on route 47 at the town line of the town of Hadley.

The overall purpose of the scenic byway designation is to recognize the unique scenic, cultural and recreational resources along the byway. Specific purposes include the preservation of the rural scenic character of the corridor, improvement of highway safety features, expansion of economic opportunities for farm related business and development of a balanced tourism program.

SECTION 93. Notwithstanding any general or special law to the contrary, any contract with a private carrier to provide freight ferry service on behalf of the Woods Hole, Martha's Vineyard and Nantucket Steamship Authority between the port of New Bedford and the island of Martha's Vineyard shall be deemed a privatization contract as defined in section 53 of chapter 7 of the General Laws, and such contract shall be subject to the provisions of sections 52 to 55, inclusive, of said chapter 7.

SECTION 94. There is hereby established a special commission to examine the resolution of disputes between contractors and state and local agencies in public construction contracts. The special commission shall consist of the following members: the director of the executive office of transportation and construction or his designee who shall serve as chair; the director of the Massachusetts office on dispute resolution or her designee; the attorney general or his designee; the inspector general or his designee; the secretary of administration and finance or his designee; the director of the division of capital asset management and maintenance or his designee; the director of the division of highways or his designee; the chief justice for administration and management of the trial court, or her designee; and 4 members to be appointed by the Governor which shall include two representatives of the Construction Industries of Massachusetts and 2 representatives of municipalities.

The commission shall investigate and examine the current laws and procedures for dispute resolution between contractors and state and local agencies in public construction projects in Massachusetts; the current role of alternative dispute resolution in such disputes; the content of any successful models of alternative dispute resolution procedures used in public construction contract disputes in Massachusetts or other states; and the feasibility and desirability of establishing a comprehensive and uniform alternative dispute resolution procedure to resolve public construction contract disputes.

The commission shall report its findings and recommendations, including legislation necessary to carry out its recommendations, to the chairs of the joint committee on transportation and the joint committee on the judiciary on or before May 1, 2001.

SECTION 95. Notwithstanding any special or general law to the contrary, the Barnstable county commission shall form a special commission to develop a plan to improve the management of the Cape Cod Regional Transit Authority. Said plan, which shall be filed with the clerks of the house of representatives and the senate on or before March 31, 2000, shall consider alternative management structures for the Cape Cod Regional Transit Authority, including but not limited to the performance of said Authority's day-to-day administrative and management functions by the chartered regional government for the municipalities comprising said Authority. Said commission shall consist of one representative of the Barnstable county commissioners, who shall be the chair, one representative of the Barnstable county assembly of delegates, one representative of the advisory board of the Cape Cod Regional Transit Authority, one representative of the Barnstable County Selectmen's Association and one representative of the Cape Cod commission.

SECTION 96. (a) The commissioner of the division of capital asset management and maintenance shall determine the full and fair market value of the site of the former registry of motor vehicles building located at 100 Nashua street in the city of Boston and the adjacent property formerly owned by Trigen-Boston Energy Corporation, including the full and fair market value of any portion of the building or site that may be transferred or conveyed. The inspector general shall review and approve said appraisal and said review shall include an examination of the methodology utilized for said appraisal. The inspector general shall prepare a report of his review and file said report with the secretary of administration and finance and the commissioner and for submission to the house and senate committees on ways and means and the joint committee on state administration.

(b) If the secretary of administration and finance, after receipt and review of said appraisal and the report of the inspector general and written comments of the commissioner and the attorney general, determines in specific written findings that it is in the best interest of the commonwealth to do so, the commissioner may, notwithstanding the provisions of sections 40E to 40I of chapter 7 of the General Laws, convey any or all of the building at 100 Nashua street and the adjacent property formerly owned by Trigen-Boston Energy Corporation to the Spaulding Rehabilitation Hospital Corporation, as part of a settlement of land damage, relocation, and mitigation claims made by the Spaulding Rehabilitation Hospital Corporation against the commonwealth.

(c) If said property is not transferred pursuant to paragraph (b), the commissioner may, subject to the provisions of sections 40E to 40J of chapter 7 of the General Laws, transfer said property to a public agency for a public purpose, or sell and convey the property by deed or lease for a term not to exceed 99 years, including extensions.

(d) If said property is sold pursuant to paragraph (b), the sale price shall be the full and fair market value as determined by the appraisal completed pursuant to paragraph (a).

(e) The party to which the deed or lease for said property is conveyed shall be responsible for any cost of appraisals, surveys, and other expenses relating to the transfer of said property and for any costs, liabilities and expense of any nature and kind for the development, maintenance and operation of said property.

(f) The commissioner shall 30 days before the execution of any agreement authorized by this section, or any subsequent amendment thereof, submit the agreement or amendment and a report thereon to the inspector general and the attorney general for their review and comment. The inspector general shall issue his review and comment within 15 days of receipt of any agreement or amendment. The commissioner shall submit the agreement and any subsequent amendments thereof, the reports, and the comments of the inspector general, if any, to the house and senate committees on ways and means and the joint committee on state administration at least 15 days prior to execution.

SECTION 97. The department of highways may acquire, on behalf of the city of Quincy, town of Milton, or the metropolitan district commission, as appropriate, subject to chapters 79 and 81 of the General Laws, land or rights in land as shown in the Preliminary Right of Way Plans, prepared by ASEC Corporation, dated January 20, 2000, and on file with the chief engineer of the department of highways, as necessary for the construction, operation, and maintenance, of drainage improvements for Furnace and Cunningham brooks, in Milton and Quincy. To the extent any of said land is not presently used for drainage purposes, said land shall be diverted from its present use to a drainage use.

SECTION 98. For the purpose of construction, operation and maintenance of drainage improvements for Furnace and Cunningham brooks, in Milton and Quincy, the division of capital asset management and maintenance may, subject to the provisions of sections 40E to 40J, inclusive, of chapter 7 of the General Laws, transfer the care, custody, and control of land or rights in parcels D-52, D-54, D-55, D-56, D-57, D-58 and D-59 described herein, from the metropolitan district commission to the department of highways or convey any or all interests in parcels D-52, D-54, D-55, D-56, D-57, D-58 and D-59 to the city of Quincy or town of Milton, as appropriate or, subject to chapters 79 and 81, acquire any or all interests in parcels D-53 and D-55 described herein. Said land or rights in land in the parcels of land described herein shall consist of permanent drainage easements for purposes of maintaining and operating public a drainage system in the town of Milton and the city of Quincy. To the extent any of said land is not presently used for drainage purposes, said land shall be diverted from its present use to a drainage use.

Parcels D-52, D-53, D-54, D-55, D-56, D-57, D-58 and D-59 are described as follows:

Parcel D-52

A certain parcel of land, consisting of approximately 36, 987 s.f. + / -, presently owned by the commonwealth of Massachusetts under the care and control of its metropolitan district commission, and used for roadway and adjacent open space purposes. Said parcel is shown as Parcel No. D-52 on Sheet No. 7 of Preliminary Right of Way Plans, prepared by ASEC Corporation, dated January 20, 2000, and on file with the chief engineer of the department of highways;

Parcel D-53

A certain parcel of land, consisting of approximately 9417 s.f. + / -, presently owned by the city of Quincy, and used for school purposes. Said parcel is shown as Parcel No. D-53 on Sheet No. 7 of Preliminary Right of Way Plans, prepared by ASEC Corporation, dated January 20, 2000, and on file with the chief engineer of the department of highways;

Parcel D-54

A certain parcel of land, consisting of approximately 9457 s.f. + / -, presently owned by the commonwealth of Massachusetts under the care and control of its metropolitan district commission, and used for roadway and/or drainage purposes. Said parcel is shown as Parcel No. D-54 on Sheet No. 8 of Preliminary Right of Way Plans, prepared by ASEC Corporation, dated January 20, 2000, and on file with the chief engineer of the department of highways;

Parcel D-55

A certain parcel of land, consisting of approximately 39,575 s.f. + / -, presently owned by city of Quincy, and used for school/drainage purposes. Said parcel is shown as Parcel No. D-55 on Sheet No. 8 of Preliminary Right of Way Plans, prepared by ASEC Corporation, dated January 20, 2000, and on file with the chief engineer of the department of highways;

Parcel D-56

A certain parcel of land, consisting of approximately 21,889 s.f. + / -, presently owned by the commonwealth of Massachusetts under the care and control of its metropolitan district commission, and used for roadway and adjacent open space purposes. Said parcel is shown as Parcel No. D-56 on Sheet No. 10 and 14 of Preliminary Right of Way Plans, prepared by ASEC Corporation, dated January 20, 2000, and on file with the chief engineer of the department of highways;

Parcel D-57

A certain parcel of land, consisting of approximately 6207 s.f. + / -, presently owned by the commonwealth of Massachusetts under the care and control of its metropolitan district commission, and used for roadway and drainage purposes. Said parcel is shown as Parcel No. D-57 on Sheet No. I I of Preliminary Right of Way Plans, prepared by ASEC Corporation, dated January 20, 2000, and on file with the chief engineer of the department of highways;

Parcel D-58

A certain parcel of land, consisting of approximately 16,831 s.f. + / -, presently owned by the commonwealth of Massachusetts under the care and control of its metropolitan district commission, and used for roadway and adjacent open space purposes. Said parcel is shown as Parcel No. D-58 on Sheet No. I I of Preliminary Right of Way Plans, prepared by ASEC Corporation, dated January 20, 2000, and on file with the chief engineer of the department of highways; and

Parcel D-59

A certain parcel of land, consisting of approximately 9730 s.f. + / -, presently owned by the commonwealth of Massachusetts under the care and control of its metropolitan district commission, and used for roadway and adjacent open space purposes. Said parcel is shown as Parcel No. D-59 on Sheet No. 13 of Preliminary Right of Way Plans, prepared by ASEC Corporation, dated January 20, 2000, and on file with the chief engineer of the Department of Highways.

SECTION 99. Notwithstanding the provisions of any general or special law to the contrary, the department of telecommunications and energy in conjunction with the executive office of transportation and construction shall hold a public hearing within 120 days of the effective date of this act regarding the closure or discontinuation of the service provided by the railway carrier known as the Springfield Terminal Railway Company and its affiliates, subsidiaries and related entities on the line of trackage running approximately from the junction known as Boston and Maine Railroad Company Willimansett junction in the town of Chicopee to Airpark West within the present or former Westover Air Force Base premises in the town of Chicopee.

SECTION 100. The state highway known as Boston Road in the town of Westford shall be designated and known as the Pat Bradley Highway. The department of public works shall erect suitable markers along said highway bearing said designation, in compliance with the standards of said department. This designation is to recognize Pat Bradley's membership in the Professional Golfers Association Hall of Fame.

SECTION 101. The Governor disapproved this section. For message, see Senate, No. 2280. The Massachusetts highway department is hereby directed to commence construction of the improvements to Route 2 at Crosby Corners in Lincoln and Concord and to the rotary at the prison in Concord on or before April 1, 2001.

SECTION 102. The Massachusetts highway department, in conjunction with the executive office of environmental affairs, is hereby authorized/directed to conduct a study to provide storm water runoff remediation at the following locations: Route 132 and Route 6A, in the village of West Barnstable in the town of Barnstable.

SECTION 103. The Governor disapproved this section. For message, see Senate, No. 2280. (a) The department of highways may provide functional replacement of real property in public ownership whenever the department has acquired such property in whole or in part under the provisions of this act or such property is significantly and adversely affected as a result of the acquisition of property for a highway or highway-related project and whenever the department determines such functional replacement is necessary and in the public interest. For purposes of this section, the words "functional replacement" shall mean the replacement, pursuant to the provisions of chapter 7 of the General Laws including sections 40F and 40F>, requiring authorization of the general court prior to disposition of real property, including either land or facilities thereon, or both, which will provide equivalent utility, and the words "real property in public ownership" shall mean any and all present and future interest in land, including rights of use, now existing or hereafter arising, held by an agency, authority, board, bureau, commission, department, division or other unit, body, instrumentality or political subdivision of the commonwealth. This section shall not constitute authorization by the general court as required by said chapter 7.

(b) Whenever the department determines it is necessary that any utility or utility facility, as defined under federal law, be relocated because of construction of a project which is to be reimbursed federally in whole or in part, then such facility shall be relocated by the department or by the owner thereof in accordance with an order from the department; provided, however, that the commonwealth shall reimburse the owner of such utility or utility facility for the cost of relocation subject to the limitations in paragraph (f) and in accordance with the following formula:

(1) for any utility facility, as defined under federal law, which is to be reimbursed federally in whole or in part, the department shall reimburse the utility to the extent that the cost of relocating the utility facility is reimbursed by the federal government;

(2) for the relocation of any utility facility over $50,000 that does not qualify for federal reimbursement, the department shall reimburse the utility in accordance with the utility's performance in meeting the following schedule:

(i) if the utility completes the relocation in a manner consistent with the department's policies and on or before the target date established by the department for the project, the department shall reimburse the utility at least 50 per cent and not more than 75 per cent of the costs of relocating the utility facility;

(c) the department shall promulgate policies for the calculation of reimbursable expenditures, determination of target dates and requirements for notice to utilities, extent of consultation with utilities regarding design criteria for a relocation, calculation of completion times, and to implement the provisions of this section. The department shall consult with the utilities, construction industry representatives, labor representatives, consumer representatives and other relevant and appropriate parties in the development of such policies, and shall forward such policies to the chairs of the house and senate committees on ways and means, the joint committee on transportation and the joint committee on government regulations.

(d) Any relocation of facilities carried out under this section which is not performed by employees of the owner shall be subject to the provisions of section 27 of chapter 149 of the General Laws.

(e) Notwithstanding the provisions of any general or special law to the contrary, any utility facility that is required to be relocated because of the construction of a project federally funded under the Federal-Aid Highway Act of 1982 and the Federal-Aid Highway Act of 1987 may be relocated temporarily above ground during the construction of said project.

(f) The total cost to the commonwealth for reimbursements for utility relocations under this section that are not reimbursed federally in whole or in part, shall not exceed $10 million annually, and shall not be credited toward meeting the requirements of a four hundred million dollar annual statewide road and bridge program as defined in chapter 87 of the acts of 2000.

SECTION 104. (a) Notwithstanding the provisions of section 6 of chapter 33 of the acts of 1991 or any other general or special law to the contrary, the commonwealth, through the department of highways, may reimburse the owner of an underground utility or utility facility as defined under federal law whenever such underground utility or utility facility has been relocated because of construction of a project which is to be reimbursed federally in whole or in part. The provisions of this section shall apply to an underground utility or utility location project eligible for federal reimbursement having commenced on or after January 1, 1984, and the reimbursement authorized herein shall be to the extent that that the cost of relocating the facility is reimbursed by the federal government.

(b) Notwithstanding paragraph (a), the department of highways shall, in consultation with utility representatives, construction industry representatives, labor representatives, consumer representatives and other interested and appropriate parties, formulate recommendations for the general court on the feasibility of reimbursement for underground utility relocation projects that are not eligible for federal reimbursement on construction projects that are to be reimbursed federally in whole or in part. Such recommendations shall be forwarded to the chairs of the house and senate committees on ways and means, the joint committee on transportation and the joint committee on government regulations on or before May 1, 2001.

SECTION 105. The commissioner of revenue shall promulgate such regulations as are necessary to implement the provisions of section 16.

SECTION 106. Section 16 shall take effect on November 1, 2000.

SECTION 107. Except as otherwise provided, the provisions of this act shall take effect on June 30, 2000.