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  • Acts
  • 2000
  • Chapter 87 AN ACT PROVIDING ADDITIONAL FUNDING FOR THE CENTRAL ARTERY/TED WILLIAMS TUNNEL PROJECT AND THE STATEWIDE ROAD AND BRIDGE PROGRAM.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to provide forthwith additional funding for the Central Artery/Ted Williams Tunnel Project and the statewide road and bridge program, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


SECTION 1. To provide additional funding for unforeseen costs associated with the Central Artery/Ted Williams Tunnel Project and to supplement funding available for the statewide road and bridge program, the sums set forth in sections 2, 2A and 2B are hereby appropriated subject to the provisions of law regulating the disbursement of public funds and the approval thereof.

SECTION 2.

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.

Department of Highways.

6005-2002
For the estimated amount of additional costs associated with completion of the Central Artery/Ted Williams Tunnel Project as identified in the official statement issued in connection with the general obligation bond issue of the commonwealth dated February 1, 2000; provided, that the funds authorized herein may also be used to maintain an adequate statewide road and bridge program pursuant to section 12 ...........................$1,350,000,000

SECTION 2A.

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.

Department of Highways.

6033-9936
For federal aid projects and for nonparticipating portions of such projects; provided, that notwithstanding the provisions of any general or special law to the contrary, neither the department of highways nor the Central Artery/Ted Williams Tunnel Project shall enter into any obligations for projects which are eligible to receive federal funds pursuant to the authority granted under this act unless state matching funds exist which have been specifically authorized and are sufficient to fund the corresponding state portion of the federal commitment to fund such obligation; provided further, that said department or Central Artery/Ted Williams Tunnel Project shall only enter into obligations for such projects pursuant to the authority granted in this act based upon a prior or anticipated future commitment of federal funds and the availability of corresponding state funding authorized and appropriated for such use by the general court for the class and category of project for which such obligation applies; provided further, that sums provided herein may be expended for the costs of such projects including, but not limited to, the costs of engineering and other services essential to such projects, rendered by the department and Central Artery/Ted Williams Tunnel Project employees or by consultants; and provided further, that amounts expended for department and Central Artery/Ted Williams Tunnel Project employees may include salary and salary-related expenses of such employees to the extent they work on or in support of such projects .................................$295,000,000

SECTION 2B.

EXECUTIVE OFFICE OF TRANSPORTATION AND CONSTRUCTION.

Department of Highways.

6033-9937
For the design of, construction of, repair of or improvement to nonfederally-aided roadway projects and for the nonparticipating portion of federally-aided projects; provided, that the costs of the Central Artery/Ted Williams Tunnel Project personnel directly and exclusively involved in the construction, planning, engineering and design of the projects may be charged to this item; provided further, that the costs shall not be classified as administrative costs; and provided further, that an amount not to exceed 2 per cent of the amount authorized herein may be expended for the administrative costs directly attributable to the projects funded herein ............................$105,400,000

SECTION 3. To meet a portion of the expenditures necessary in carrying out the provisions of this act, the state treasurer shall, upon request of the governor, issue and sell bonds of the commonwealth in an amount specified by the governor from time to time, but not exceeding, in the aggregate, the sum of $1,350,000,000, 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, Central Artery/Ted Williams Tunnel Infrastructure Loan Act of 2000, and shall be issued for such maximum term of years, not exceeding 30 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, 2031. All interest and payments on account of principal of such obligations shall be payable from the Highway Fund and, in accordance with the limitations herein, to the extent secured by special receipts credited to the Infrastructure Fund within the Highway Fund, from said Infrastructure Fund established in section 2 O of said chapter 29 of the General Laws. 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 may, upon the request of the governor, be issued as either general or special obligations of the commonwealth, as so determined jointly by the state treasurer and the governor; provided, that any bonds issued as special obligations of the commonwealth may also be payable from, with the consent of the governor and treasurer, special receipts credited to the Infrastructure Fund within the Highway Fund, as provided in said section 2 O of said chapter 29; provided, that in deciding whether to request the issuance of particular bonds as special obligations, the governor and the state treasurer shall take into account: (i) generally prevailing market conditions; (ii) the impact of each approach on the overall capital financing plans of the commonwealth; (iii) any ratings assigned to outstanding bonds of the commonwealth and any ratings expected to be assigned by any nationally recognized credit rating agency to the bonds proposed to be issued; and (iv) any applicable provisions of a trust agreement or credit enhancement agreement entered into pursuant to said section 2 O of said chapter 29. Proceeds from the bonds authorized pursuant to this section shall be deposited in the Central Artery and Statewide Road and Bridge Infrastructure Fund and shall be made available for expenditure for the purposes of item 6005-2002 of section 2.

Bonds of the commonwealth may be issued under authority of this section in such manner and on such terms and conditions as the state treasurer, with the concurrence of the governor, may determine in accordance with the provisions of this section and, to the extent not inconsistent with the provisions hereof, provisions of the General Laws for the issuance of bonds of the commonwealth. Bonds may be secured by a trust agreement or other security agreement entered into by the state treasurer, with the concurrence of the governor, on behalf of the commonwealth, which trust agreement or other security agreement may pledge or assign all or any part of the amounts credited to the Highway Fund pursuant to this section, and, as provided above, any special receipts credited to the Infrastructure Fund, as provided in said section 2 O of said chapter 29, to the extent so determined by the governor and treasurer, and rights to receive the same, whether existing or coming into existence and whether held or thereafter acquired, and the proceeds thereof. The state treasurer is also authorized, with the concurrence of the governor, to enter into additional security, insurance or other forms of credit enhancement which may be secured on a parity or subordinate basis with the bonds. A pledge in any such trust or other security agreement or credit enhancement agreement shall be valid and binding from the time such pledge shall be made without any physical delivery or further act, and the lien of such pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise, irrespective of whether such parties have notice thereof. Any such pledge shall be perfected by filing of the trust or other security agreement or credit enhancement agreement in the records of the state treasurer, and no filing shall be required under chapter 106 of the General Laws. Any such trust agreement, security agreement or credit enhancement agreement may establish provisions defining defaults and establishing remedies and other matters relating to the rights and security of the holders of the bonds or other secured parties as determined by the state treasurer, including provisions relating to the establishment of reserves, the issuance of additional or refunding bonds, whether or not secured on a parity basis, the application of the special receipts and other moneys and funds pledged pursuant to such agreement, in this act referred to as pledged funds, and other matters deemed necessary or desirable by the state treasurer for the security of such bonds, and may also regulate the custody, investment and application of moneys.

In order to increase the marketability of any bonds issued by the commonwealth under authority of this section, and in consideration of the acceptance of payments for any such bonds, the commonwealth covenants with the purchasers and all subsequent holders and transferees of any such bonds that until all such bonds, including all bonds issued to refund such bonds, and the interest thereon, shall be paid or, if earlier, shall be deemed paid within the meaning of any trust or other security agreement or credit enhancement agreement securing the same, (i) from the Highway Fund; and (ii) in any fiscal year of the commonwealth, unless and until an appropriation has been made which is sufficient to pay the principal, including sinking fund payments, of and interest on all such bonds and to provide for or maintain any reserves, additional security, insurance or other form of credit enhancement required or provided for in any trust or other security agreement or credit enhancement agreement securing any such bonds or notes, no pledged funds shall be applied to any other use. In addition, if any special receipts credited to the Infrastructure Fund within the Highway Fund, as provided in said section 2 O of said chapter 29, are pledged to secure any such bonds, the covenants of the commonwealth set forth in said section 2 O with respect to bonds issued pursuant to said section 2 O shall apply fully to any such bonds issued pursuant to this section.

Any bonds issued under authority of this section, and any notes of the commonwealth issued in anticipation thereof as hereinafter provided, shall be deemed to be investment securities under chapter 106 of the General Laws, shall be securities in which any public officer, fiduciary, insurance company, financial institution or investment company may properly invest funds and shall be securities which may be deposited with any public custodian for any purpose for which the deposit of bonds is authorized by law. Any such bonds and notes, their transfer and the income therefrom, including profit on the sale thereof, shall at all times be exempt from taxation by and within the commonwealth.

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 $64,900,000 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 may, with the consent 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 treasurer 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 $105,400,000, 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 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, 2024. 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 may, with the consent 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 treasurer 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 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. 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 this act 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, 2006. 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 may be either general or special obligations of the commonwealth, as so determined by the state treasurer, after consultation with the commissioner of administration.

SECTION 7. Chapter 10 of the General Laws is hereby amended by adding the following section:-

Section 63. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Central Artery and Statewide Road and Bridge Infrastructure Fund for the purposes of meeting the estimated additional costs associated with the Central Artery/Ted Williams Tunnel Project and for costs of the statewide road and bridge program.

The amounts expended from said fund for the statewide road and bridge program shall not be subject to further appropriation and shall be expended exclusively on actual construction costs of said program in the amount of not less than $100,000,000 annually in fiscal years 2001 to 2005, inclusive; provided, that said amounts shall not be expended for any costs attributable to municipal reimbursements owed under the chapter 90 program, so-called, the public works and economic development programs, the costs of administrative, maintenance, engineering and environmental operations of the department of highways and the costs associated with right-of-way acquisition, design, utility and force account work.

Revenues credited to the fund shall include any appropriations to the fund, amounts transferred to the fund from other instrumentalities of the commonwealth, transfers to said fund from other funds of the commonwealth, any interest earned on balances contained therein and all other revenues specifically dedicated to the fund. The fund shall be held in trust by the state treasurer exclusively for the purposes established herein. The state treasurer shall be the treasurer and custodian of the fund and shall have the custody of its monies and securities.

The comptroller shall make payments from the fund established by this section, without further appropriation, for the purposes specified in this section.

Said fund shall expire on June 30, 2009 and any remaining fund balance shall be transferred to the Highway Capital Projects Fund and shall be used exclusively to supplement the statewide road and bridge program.

SECTION 8. Chapter 90 of the General Laws is hereby amended by striking out section 33, as appearing in the 1998 Official Edition, and inserting in place thereof the following section:-

Section 33. The registrar or his authorized agents shall collect the fees established herein or if not so established herein, promulgated annually by the commissioner of administration under the provision of section 3B of chapter 7, for the following:-

(1) For every examination for a learner's permit.

(2) For the registration of every motor vehicle, the fee for which is not otherwise provided for in any general or special law, the fee shall be $30; provided that said fee shall be collected every two years. The registrar shall collect such similar fee, in addition to incurred administrative costs for the issuance in connection therewith, at the request of the applicant, of a distinctive initial plate, or of a particular number plate other than a distinctive initial plate; provided, however, that the registrar shall collect a similar fee for the issuance of a number plate bearing the station call letters of an amateur radio operator. Said registrar shall make available to registered owners of motor vehicles any unissued or returned distinctive initialed or numbered registration plates.

(3) For the registration of every ambulance owned and operated by any hospital or other institution or association supported wholly or in part by public or private donations for charitable purposes, and every motor vehicle or trailer used by the fire or police department of any city or town or park board solely for the official business of such department or board, and every motor vehicle or trailer used by a volunteer fire company, as authorized under chapter 48, in any town solely for fire fighting purposes, no fee shall be collected hereunder.

(4) For the registration of every motor vehicle and trailer owned by any political subdivision of the commonwealth, and used solely for official business, no fee shall be collected hereunder.

(5) For the registration of every motor bus not owned as provided in paragraph (4) which is used exclusively under contract with a political subdivision or school district of the commonwealth for the transportation of school children; provided, however, that any such motor bus may also be used for the transportation of persons to and from church and Sunday school services, and for the transportation of children to and from educational and recreational projects sponsored by a city or town or by any association or organization supported wholly or in part by public or private donations for charitable purposes without the payment of an additional registration fee. For the registration of every motor bus used for carrying passengers for hire pursuant to a certificate, license or permit issued by the department of telecommunications and energy in accordance with the provisions of chapter 159A, a fee for each seat. This paragraph and paragraphs (3) and (4) shall apply to the registration of motor vehicles described therein regardless of whether they are designed to be propelled otherwise than by fuel as defined in section 1 of chapter 64A, in this section referred to as "non-gasoline driven", or designed to be propelled by fuel as so defined, in this section referred to as "gasoline driven". The term "gasoline driven" as used in this section shall include vehicles propelled by diesel fuel.

(6) For the registration of every non-gasoline driven automobile used for the transportation of goods, wares or merchandise except an electric motor truck or an electric commercial automobile, or in the case of an electric motor truck or an electric commercial automobile so used, and of every gasoline driven automobile so used, for every 1,000 pounds or fraction thereof of the gross weight of such vehicle plus the maximum load to be carried thereon, but in no event less than a specified amount in the case of a non-gasoline driven automobile so used, or a specified amount in the case of a gasoline driven automobile so used.

(7) For the registration of every non-gasoline driven tractor which is part of a semi-trailer unit used for the transportation of property, a fee for every 1,000 pounds or fraction thereof of the weight of the tractor and of the weight of the heaviest semi-trailer with which such tractor is combined and operated, plus the maximum load to be carried by such semi-trailer unit so used, a fee for every 1,000 pounds or fraction thereof of the weight of such tractor and of the weight of the heaviest semi-trailer with which such tractor is combined and operated, plus the maximum load to be carried by such semi-trailer and tractor, a fee for every 1,000 pounds or fraction thereof of the weight of such tractor and of the weight of the heaviest semi-trailer with which such tractor is combined and operated, plus the maximum load to be carried by such semi-trailer and tractor, but in no event less than a specified amount in the case of a non-gasoline driven tractor which is a part of a semi-trailer unit, or less than a specified amount if gasoline driven.

(8) For the registration of every semi-trailer.

(9) For the registration of every heavy-duty platform trailer, a fee for every 1,000 pounds or fraction thereof of the weight of such vehicle plus the maximum load to be carried, but in no event less than a specified amount.

(10) For the registration of every trailer for which a fee is not otherwise provided in this section, a fee for every 1,000 pounds or fraction thereof of the weight of such trailer and the maximum load to be carried thereon.

(11) For the registration of every non-gasoline driven tractor not a part of a semi-trailer, a fee for every 1,000 pounds or fraction thereof of the weight of the tractor and its equipment, but in no event less than a specified amount; and for the registration of every gasoline driven tractor not a part of a semi-trailer unit, a fee for every 1,000 pounds or fraction thereof of the weight of the tractor and its equipment, but in no event less than a specified amount; except that the fee to be collected for the registration of a farm tractor not a part of a semi-trailer unit shall be a specified amount if the tractor is used exclusively for agricultural purposes. The provisions of paragraphs (1) to (6), inclusive, shall not apply to any vehicle the fee for the registration of which is hereinbefore provided for in this section. The aforesaid weight shall mean the weight of such vehicle when fully equipped for the road. The registrar of motor vehicles may establish rules for determining the gross weight, including load, for which any vehicle shall be registered under said paragraphs (1) to (6), inclusive.

(12) For the registration of every motor truck carrying a permanently mounted water well drilling machine.

(13) For the registration of every antique motor car.

(14) For the registration of every auto home.

(15) For the registration of every automobile known as a taxicab, a specified amount when non-gasoline driven and a specified amount when gasoline driven.

(16) For the registration of every motor bus or other motor vehicle, the fee for the registration of which is not hereinbefore provided for, used for carrying passengers for hire and having a seating capacity of seven persons or less, a specified amount for each seat when non-gasoline driven and a specified amount for each seat when gasoline driven, and for the registration of every such motor bus or other vehicle having a seating capacity in excess of seven persons, a specified amount for each seat when non-gasoline driven and a specified amount for each seat when gasoline driven, but in no event less than a specified amount when non-gasoline driven or a specified amount when gasoline driven. In determining seating capacity aforesaid the driver's seat shall not be included, but the largest number of passengers to be carried in seats shall be included.

(17) For the registration of motor vehicles or trailers owned by or under the control of a manufacturer, dealer, repairman, owner-contractor, repossessor, or farmer, including one or more number plates as allocated by the registrar pursuant to section 5, a fee for the registration and a fee for each number plate furnished by the registrar. For the registration of motor vehicles under the control of a transporter, including one or more number plates and registration certificates as requested in writing by the applicant for registration, a fee for the registration and a fee for each number plate and corresponding certificate of registration furnished by the registrar.

(18) For the registration of every motor vehicle used exclusively for the transportation of goods, wares or merchandise and for every tractor, trailer, semi-trailer, heavy duty platform trailer, or motor truck carrying a permanently mounted water well drilling machine by an owner who applies therefor under section 2 during the period beginning September 1 and ending December 31, in any year, a specified amount of a full year's registration of said vehicle.

(19) For the registration of every motor vehicle or trailer not specified in the preceding paragraph which the registrar has determined shall be issued on a calendar basis, by an owner who applies therefor under section 2 or section 5 during the period beginning October 1 and ending December 31 in any year, a specified amount of a full year's registration of said vehicle.

(20) For the substitution of a registration of a motor vehicle or trailer for that of a vehicle previously registered, in accordance with section 2.

(21) For every license to operate motor vehicles or for the renewal thereof, the fee shall be $33.75; provided, that said fee shall be collected upon issuing an initial license, and shall be collected at least once every five years upon the renewal date of said license from every licensee. No fee shall be collected for a license or renewal thereof restricted to the operation of motor propelled fire apparatus only.

(22) No fee shall be exacted for the registration of one pleasure passenger vehicle owned and principally used by a former prisoner of war who is entitled to display thereon the distinctive number plates authorized by section 2.

(23) For each application for an appointment for an examination for a license to operate motor vehicles. The registrar, for reasons he deems sufficient, may authorize an applicant to be examined without payment of an additional fee when the applicant has been unable to take the examination at the time originally scheduled.

(24) For every additional copy of a certificate of registration or license.

(25) For every certified copy of any application or notice filed with the registrar and for every certified copy of a certificate of registration or license.

(26) For every additional number plate furnished to replace such plates as have been lost or mutilated or are illegible.

(27) For every copy of any record, or any certificate, the fee for which is not otherwise provided herein, except that when an owner has registered a vehicle for the ensuing registration year and thereafter transfers ownership of said vehicle to another before the beginning of said year, or when such owner changes his address before the beginning of said year, the registrar may issue to him a new registration certificate for another vehicle for the ensuing year, or a new registration certificate bearing the new address, without charge other than the additional difference, if any, between the fees for registration of the vehicle transferred and the vehicle sought to be registered for the ensuing year.

(28) The registrar or his authorized agent may, however, furnish without charge copies of certificates of registration and licenses to operate, and copies of other documents relating thereto, to officers of the commonwealth or of any court thereof or of a city or town therein; and the registrar may issue certificates of registration for motor vehicles and licenses to operate the same to any member of the foreign diplomatic corps or to any foreign consular officer who is not a citizen of the United States without the payment of the fees therefor.

(29) No fee shall be exacted for the registration of any vehicle owned by a disabled veteran who is entitled to display thereon the distinctive number plates authorized by section 2, and no fee shall be exacted for the issuance to such disabled veteran of a license to operate such vehicle.

(30) No fee shall be exacted for the registration of a bloodmobile unit or a canteen motor truck owned and used by a charitable corporation.

(31) For a driving instructor's certificate which shall be valid for a period of one year from the date of issuance.

(32) In the event that any fee computed under any provision of this chapter for the registration of any motor vehicle or trailer includes in its total an odd or even number of cents, such fee shall be adjusted to the nearest half dollar, except for the fees enumerated in paragraph (21). If payment of any fee required under this chapter or chapter 90D is made by check, credit card, debit card or any other payment method and the amount is not duly paid, the registrar of motor vehicles shall withhold issuance of the certificate of title for the motor vehicle, shall prohibit the transfer or swap of the registration, and shall suspend or revoke any learner's permit, license to operate motor vehicles, certificate of registration or title, number plate, sticker, decal or other item for which such check, credit card, debit card, or other payment method was tendered and order the return of same forthwith. The holder of said item for which said check, credit card, debit card or other payment method used may not apply for, receive or renew any other learner's permit, license to operate motor vehicles, certificate of registration or title, number plates, stickers, decals, or any other items issued under the provisions of this chapter or said chapter 90D until said amount has been duly paid.

(33) No fee shall be exacted for the registration of a pleasure passenger vehicle owned and principally used by a member of the Legion of Valor of America, Inc. who is entitled to display thereon the distinctive number plates authorized by section 2.

(34) For the issuance of a special parking identification plate.

(35) For the issuance of each permit sticker as provided in section 19D, a specified amount for every 1,000 pounds or fraction thereof of the weight of such motor vehicle, trailer, semi-trailer or semi-trailer unit, including the maximum load to be carried thereon, in excess of the maximum weight for such motor vehicle, trailer, semi-trailer or semi-trailer unit may otherwise be operated under the provisions of section 19A.

(36) For the reinstatement of any license or right to operate a motor vehicle which has been suspended or revoked under the provisions of subsections (a), (e) and (f) of section 22, sections 22F, 23, 24, except as otherwise provided below, section 24B, 24D, 24G, 24L or section 34J, and section 28 of chapter 266, the fee shall be $300. The fee for reinstatement following a revocation pursuant to subparagraph (2) of paragraph (c) of subdivision (1) of said section 24 shall be $500 and the fee for such reinstatement following a revocation pursuant to subparagraphs (3) and (3>) of said paragraph (c) of said subdivision (1) of said section 24 shall be $1,000. The fee for reinstatement of any license or right to operate a motor vehicle which has been suspended or revoked under any other general or special law of the commonwealth shall be $50; provided, however, the fee for the reinstatement for suspensions and revocations pursuant to subsection (c) of section 22 shall be commensurate with the fee established for the corresponding Massachusetts offense resulting in suspension or revocation pursuant to the General Laws.

SECTION 9. The Massachusetts Turnpike Authority, in conjunction with the executive office of transportation and construction and the secretary of administration and finance, shall file a spending plan with the chairs of the joint committee on transportation and the house and senate committees on ways and means, 45 days before making any expenditures from the amounts available in the Central Artery and Statewide Road and Bridge Infrastructure Fund which shall include, but not be limited to, amounts to be spent on scheduled maintenance costs, changes on awarded and unawarded contracts, personnel costs, design costs, project management consultant services and a timeline reflecting the schedule of expenditures.

The Massachusetts Turnpike Authority shall submit quarterly reports to the chairs of said committees and the clerks of the senate and house of representatives on the status of the Central Artery/Ted Williams Tunnel Project that shall include, but not be limited to, the total project requirements, the to-go cash requirement, so-called, amounts and reasons for construction change orders, definitive and speculative information on cost exposures and reductions and detailed information on project management expenses. The first of the quarterly reports shall be submitted not later than August 1, 2000 for the quarter ending June 30, 2000.

The Massachusetts Turnpike Authority shall submit monthly the Project Management Monthly report, so-called, to the chairs of the joint committee on transportation and the chairs of the house and senate committees on ways and means on the status of the Central Artery/Ted Williams Tunnel Project.

SECTION 10. Notwithstanding any general or special law to the contrary, the commonwealth, the department of highways, or the Massachusetts Turnpike Authority, whichever entity owns the property referenced herein on the effective date of the transfer authorized herein and hereafter known as the transferor for purposes of this section, shall transfer to the Massachusetts Port Authority, not later than June 30, 2001, that portion of the Ted Williams tunnel, as defined in chapter 81A of the General Laws, constituting the exit ramp that exclusively serves Logan International Airport and provides access to said airport from the eastbound lanes of the Ted Williams tunnel, hereinafter called the Logan ramp, in addition to those portions of the Ted Williams tunnel which are to be transferred to said Massachusetts Port Authority pursuant to the provisions of chapter 3 of the acts of 1997 and the roadway transfer agreement dated March 23, 1999. Said transferor and said Massachusetts Port Authority may sell and purchase, respectively, the Logan ramp. The purchase price of the Logan ramp shall be $65,000,000, the sum commensurate with the value of the Logan ramp. The purchase by said Massachusetts Port Authority of the Logan ramp may be made pursuant to such other terms and conditions as may be acceptable to said transferor and said Massachusetts Port Authority, but such terms shall be consistent with and permitted by the terms of said Massachusetts Port Authority's enabling act, any trust agreement to which said Massachusetts Port Authority is a party as of the effective date of this act and all applicable provisions of federal aviation law.

SECTION 11. Notwithstanding any general or special law to the contrary, the Massachusetts Turnpike Authority shall transfer $200,000,000 not later than September 1, 2000 to the Central Artery and Statewide Road and Bridge Infrastructure Fund. The Massachusetts Port Authority shall transfer to said fund the sum of $65,000,000 owed as consideration for the conveyance pursuant to the provisions of section 10 not later than December 31, 2000, unless such a transfer is expressly prohibited by federal law or regulation, as certified by the secretary for administration and finance and the state attorney general, in which case said transfer shall occur not later than June 30, 2001. The comptroller shall ensure that expenditures from the sums so transferred to said fund shall be limited to expenditures of the project and shall be recorded on the Massachusetts management and accounting reporting system.

SECTION 12. The department of highways shall develop and implement a comprehensive plan to ensure the statewide road and bridge program drawn from the State Transportation Improvement Program is adequately funded at a minimum amount of $400,000,000 in each fiscal year, for the years 2001 to 2005, during the peak construction and cash flow period of the Central Artery/Ted Williams Tunnel Project. Of said amount, $100,000,000 shall be made available annually in fiscal years 2001 to 2005, inclusive, from the amount set aside for said purpose in the Central Artery Statewide Road and Bridge Infrastructure Fund established in section 63 of chapter 10 of the General Laws. The comprehensive plan shall seek to ensure that a construction advertising program of equal value in each such fiscal year is administered to ensure a continuing commitment to the transportation infrastructure needs of the commonwealth. The amount of the Statewide Road and Bridge Program shall include projects funded from federal and state funds but shall not include any costs attributable to municipal reimbursements owed under the chapter 90 program, so-called, the public works and economic development programs, and the costs of administrative, engineering, design, or maintenance operations of said department. Said department shall provide on-line information to all parties on the status of projects in the Statewide Road and Bridge Program and, with the regional planning agencies, provide a quarterly report to the general court, commencing on January 1 of each year, which shall include a list of all projects advertised, the construction and funding status of each such project, the level of construction spending related to advertised projects, cash spending year-to-date and such other information as may be necessary to meet the purposes of this section.

SECTION 13. Notwithstanding section 5C of chapter 29 of the General Laws or any other general or special law to the contrary, for the fiscal year ending June 30, 2000, the comptroller shall dispose of the consolidated net surplus in the operating funds as follows: (a) an amount equal to 0.5 per cent of the total revenue from taxes in said fiscal year shall be available to be used as revenue for the fiscal year ending June 30, 2001; (b) the state comptroller is authorized to transfer $250,000,000 from the general fund to the Debt Defeasance Trust Fund on June 30, 2000; (c) any remaining amount, not to exceed an additional $250,000,000, shall be transferred to the Debt Defeasance Trust Fund established by section 6 of chapter 55 of the acts of 1999 to be used, without further appropriation, in the manner and for the purposes specified in section 14. Any remaining amount of surplus in excess of said $250,000,000 shall be disposed of in accordance with clauses (b) and (c) of section 5C of said chapter 29.

SECTION 14. Notwithstanding any general or special law to the contrary, the state treasurer shall expend on or before December 31, 2000 from the Debt Defeasance Trust Fund an amount, as nearly as practicable, equal to, but not in excess of, the amounts transferred to said fund pursuant to sections 13 and 17, for the purpose of purchasing securities to be held for the credit of a sinking fund to be established in accordance with section 49 of chapter 29 of the General Laws. The moneys in such sinking fund shall be applied to pay, at maturity or upon redemption, bonds of the commonwealth to be identified by the state treasurer at the time the sinking fund is established, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of maturity or earlier redemption of such bonds. In selecting the bonds to be paid from the sinking fund, the state treasurer shall attempt to maximize the debt service savings to be produced in fiscal years 2001 through 2005, inclusive, giving consideration to bonds which are not subject to redemption prior to maturity that bear the highest bond yield calculated in accordance with federal tax law. In selecting such bonds the state treasurer may also include bonds issued by other commonwealth agencies and authorities prior to June 30, 2000. The state treasurer may enter into agreements with trustees for the purpose of establishing the sinking fund for the benefit of the holders of the bonds to be paid pursuant to this section. The provisions of said section 49 applicable to sinking funds established with trustees which are not otherwise inconsistent with this section shall apply to the deposit of funds pursuant to this section. Not later than 30 days following the establishment of any sinking fund pursuant to this section, the state treasurer shall provide the secretary of administration and finance, the comptroller and the chairmen of the house and senate committees on ways and means with a detailed report identifying by fiscal year the debt service payments of the commonwealth to be made from such sinking fund established as a result of the above expenditure. Not later than 60 days following the establishment of any sinking fund pursuant to this section, the comptroller shall provide the secretary of administration and finance and the chairmen of the house and senate committees on ways and means with a detailed schedule identifying by fiscal year and operating fund the debt service payments to be made from such sinking fund established as a result of the above expenditure.

SECTION 15. Notwithstanding any general or special law to the contrary, in each fiscal year 2001 to 2005, inclusive, the comptroller shall transfer to the Central Artery and Statewide Road and Bridge Infrastructure Fund from the operating funds identified in the schedules provided pursuant to section 14 the amounts specified for each such operating fund at the dates specified in such schedules. Interest earnings on amounts deposited to the Central Artery and Statewide Road and Bridge Infrastructure Fund shall be credited to said fund. Funds transferred in this manner shall be available, without further appropriation, for the purpose of funding costs associated with the Central Artery/Ted Williams Tunnel Project and to supplement the costs of transportation infrastructure needs of the commonwealth.

SECTION 16. Any statutorily authorized agency or authority on behalf of whom bonds are defeased pursuant to section 14 of this act is hereby directed to transfer to the state treasurer any amounts otherwise due and payable on any authority debt defeased pursuant to said section 14 on the dates that such payments would have been due by the agency or authority. Said state treasurer shall deposit all such transferred amounts into the Central Artery and Statewide Road and Bridge Infrastructure Fund.

SECTION 17. Notwithstanding section 5C of chapter 29of the General Laws or any other general or special law to the contrary, as of June 30, 2000, the comptroller shall transfer to the Debt Defeasance Trust Fund the balance remaining from transfers made in accordance with the provisions of clause (b) of said section 5C of said chapter 29 for fiscal years 1997 to 1999, inclusive, but not in an amount greater than $150,000,000 for the purpose of purchasing securities to be held for the credit of a sinking fund to be established in accordance with section 49 of said chapter 29. Said transfer shall occur on or before June 30, 2000.

SECTION 18. In carrying out any or all aspects of projects pursuant to the provisions of sections 2A and 2B, the department of highways may enter into such contracts or agreements as are necessary with other state, local or regional public agencies or authorities. Such agreements may relate to such matters as said department shall determine including, without limitation, the design, layout, construction, reconstruction or management of construction of all or any portion of such projects. In relation to such agreements between the department and other state agencies or authorities, the department 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 19. The department of highways may expend the sums authorized in sections 2A and 2B 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 2A and 2B, 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 2A and 2B, 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 a 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 20. (a) There is hereby established a special commission to study, make recommendations on, and propose any necessary legislation related to, the coordination, governance, design, construction, development, use, maintenance, planning and operation of the Surface Artery, so-called, and any of the parcels of land available upon the completion of the Central Artery/Ted Williams Tunnel Project, so-called, in the city of Boston, said parcels conveyed by the city of Boston to the commonwealth by a deed dated June 25, 1992 and recorded on July 8, 1992 in the Suffolk county registry of deeds in Book 17583 at Page 231, and other parcels along the artery corridor owned by the Massachusetts Bay Transit Authority, the Massachusetts Turnpike Authority, the department of highways and the Boston Redevelopment Authority.

(b) Said commission shall consist of three persons to be appointed by the governor, one of whom shall be the chairperson of the Massachusetts Turnpike Authority, three persons to be appointed by the mayor of the city of Boston, one of whom shall be the director of the Boston Redevelopment Authority, three persons appointed by the president of the senate, one of whom shall be the senate chairperson of the joint committee on transportation, and three persons appointed by the speaker of the house, one of whom shall be the house chairperson of the joint committee on transportation.

(c) Said commission shall be chaired jointly by the house and senate chairpersons of the joint committee on transportation.

(d) Said commission, as part of its study, analysis, and review, in making such recommendations regarding the coordination, governance, design, construction, development, use, maintenance, planning, and operation of the Surface Artery and related parcels of land, shall focus on and consider the following issues, studies, proposals, and impacts:

(1) That the development be approached as an integrated and interactive whole, balancing the integrity of the Surface Artery and parcels within the artery and along side the artery corridor with their unique and distinct characteristics;

(2) That there be a comprehensive and coordinated disposition, development and management strategy, including the consideration of a "master plan", so-called, prepared for the use, reuse, design and development of the Surface Artery;

(3) A consideration of the state, city, and community interests involved and impacted, including the purchase and ownership of the parcels of land comprising the Surface Artery by the commonwealth as reflected by the deed recorded in the Suffolk registry of deeds in Book 17583 at Page 231;

(4) The creation, composition and governance of a new entity or the designation of an existing entity, including, but not limited to, an agency, board, commission, department or authority, for the purposes of implementing the legislation resulting from said recommendations and findings of the commission established herein; provided, that such entity may be able to receive, raise, and hold funds; provided, that the entity shall reflect community, business, governmental, and environmental interests involved in discharging such legislation;

(5) Identification of private resources and public funds at the city, state, and federal level of government, including any grants, contributions, appropriations, assessments, state and local tax revenues;

(6) The preparation of a financial plan, including sources of funding for capital, maintenance and operations costs; provided, that such plan shall include independent or dedicated revenue sources, the financial contributions of charities, institutions, individuals, developers and abutters, and the requirement that public sector funds be matched with private sector funds or independent private revenue streams;

(7) The coordination of public and private resources, including but not limited to, the establishment of a parkland trust, a business improvement district, a public commission or public authority; provided, that the governance of any such entities shall reflect the purchase and ownership by the commonwealth of the parcels of land comprising the Surface Artery;

(8) The plan, design and location of all feasible structural development, including any ramp and air-rights development;

(9) A process for parcel design and development, including a public process and opportunity for community input into such design, land-use and development;

(10) The design, construction, maintenance, operation and funding of a public park system; provided, that such identified funding for maintenance of said park be adequate, continuing and reliable;

(11) The use or development of open space parcels in the North End and Waterfront areas;

(12) The need and creation of a permanent neighborhood advisory committee;

(13) The maintenance of a ratio of 75 per cent for civic and open space and a ratio of 25 per cent for commercial and housing space; provided, that such a ratio may be adjusted accordingly to promote a public purpose or to ensure economic viability;

(14) A consideration of urban design and logistical issues impacting the development and function of the Surface Artery, including Dewey Square, and the need for a coordinated strategy and plan for access, circulation, and parking for motor vehicles, tour buses, school buses, and tourist trolleys;

(15) A consideration of the surface street plan and the pedestrian plan;

(16) A consideration of the historic, geographic, environmental, economic and cultural character of the Surface Artery;

(17) A consideration of the requirements of Boston zoning and to the urban design and development review procedures of the Boston Redevelopment Authority;

(18) A consideration of the work of the Boston 2000 Working Group as reflected in "A Progress Report of the Boston 2000 Working Group", dated January, 1998;

(19) That such recommendations be consistent with the provisions of chapter 80A of the General Laws; and

(20) The consideration of any other issues, studies, proposals, or impacts that may be relevant, pertinent, or material to the study, analysis and review of said commission.

(e) The commission shall prepare a final report of its findings resulting from its study, review, analysis and consideration, including legislative recommendations. Said commission shall file said report with the clerks of both the house of representatives and senate, and shall simultaneously submit a copy of said report to the governor, the president of the senate, the speaker of the house of representatives, the chairmen of the house and senate committees on ways and means and the chairmen of the house and senate committees on transportation, on or before December 31, 2000.

(f) All departments, divisions, commissions, authorities, boards, bureaus or agencies of the commonwealth or the city of Boston shall cooperate with the commission, upon request, for the purpose of providing information or professional expertise and skill relevant to coordination, governance, design, construction, development, use, maintenance, planning and operation of the Surface Artery or any of the parcels of land available upon completion of the Central Artery/Ted Williams Tunnel Project in the city of Boston.

(g) Said commission shall receive advice and comments from an advisory committee which shall include, but not be limited to, representatives from the following neighborhood, and groups: Move Massachusetts 2000, Boston Greenspace Alliance, North End neighborhood, Chinatown neighborhood, Leather District, Wharf District, Bulfinch North Area District, Charlestown neighborhood, Dewey Square District, Artery Business Committee.

Approved May 17, 2000.